Miss. Code § 41-67-25

Current through 6/1/2024
Section 41-67-25 - [Repealed Effective 7/1/2028] Certification of installers required; exception; renewal; revocation; certified installers listed; penalty for operating without certification
(1) A person may not operate as an installer of individual on-site wastewater disposal systems unless that person is currently certified by the department. A person who installs an individual on-site wastewater disposal system on his own property for his primary residence is not considered an installer for purposes of this subsection.
(2) An installer of advanced treatment systems or products must be a factory-trained and authorized representative. The manufacturer must furnish documentation to the department certifying the satisfactory completion of factory training and the establishment of the installer as an authorized manufacturer's representative.
(3) The department shall issue a certification to an installer if the installer:
(a) Completes an application form that complies with this chapter and rules and regulations adopted by the board;
(b) Satisfactorily completes the training program for installation and maintenance provided by the department;
(c) Pays the certification fee once every three (3) years, which shall be an amount not greater than One Hundred Fifty Dollars ($150.00); any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section 41-3-65; and
(d) Provides proof of having a valid general business liability insurance policy in effect with liability limits of at least Fifty Thousand Dollars ($50,000.00) per occurrence and at least One Hundred Thousand Dollars ($100,000.00) in total aggregate amount.
(4) Each installer shall furnish proof of certification to a property owner, lessee, the owner's representative or occupant of the property on which an individual on-site wastewater disposal system is to be designed, constructed, repaired or installed by that installer and to the department or its authorized representative, if requested.
(5) The department shall provide for renewal of certifications once every three (3) years.
(6)
(a) An installer's certification may be suspended or revoked by the department after notice and hearing if the installer violates this chapter or any rule or regulation adopted under this chapter.
(b) The installer may appeal a suspension or revocation under this section as provided by law.
(7) The department shall disseminate to the public an official list of certified installers.
(8) If any person is operating in the state as an installer without certification by the board, the board, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
(9) The department shall provide for renewal of installer certifications to be applied for at the local department offices.

Miss. Code § 41-67-25

Laws, 1992, ch. 536, § 11; Laws, 1996, ch. 516, § 18; reenacted and amended, Laws, 2001, ch. 578, § 18; reenacted without change, Laws, 2002, ch. 493, § 18; reenacted without change, Laws, 2003, ch. 525, § 18; reenacted without change, Laws, 2005, ch. 545, § 18; reenacted without change, Laws, 2006, ch. 391, § 17; reenacted and amended, Laws, 2008, ch. 563, § 16; reenacted and amended, Laws, 2011, ch. 544, § 16, eff. 4/26/2011.
Reenacted by Laws, 2023, ch. 401, HB 522,§ 16, eff. 7/1/2023.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 17, eff. 7/1/2020.
Repealed by the terms of § 41-67-31, as amended by Laws, 2013, ch. 513, HB 719, 25, eff. 7/1/2013.
Amended by Laws, 2016, ch. 510, HB 289, 17, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Amended by Laws, 2013, ch. 513, HB 719, 16, eff. 7/1/2013.