The Mississippi Solid Wastes Disposal Law of 1974, Miss

The Mississippi Solid Wastes Disposal Law of 1974, Miss. Code Ann. §§ 17-17-1, et seq., provides essentially the same mechanism for ensuring that immediate remedial or clean-up action be completed when a party causes an immediate necessity for remedial or clean-up action involving solid waste. Miss. Code Ann. § 17-17-29 (4) states the following: Any person creating, or responsible for creating, through misadventure, happenstance, or otherwise, an immediate necessity for remedial or clean- up action involving solid waste shall be liable for the cost of such remedial or clean-up action and the commission may recover the cost of same by a civil action brought in the circuit court of the county in which venue may lie. This penalty may be recovered in lieu of or in addition to the penalties provided in subsections (1), (2) and (3) of this section. In the event of the necessity for immediate remedial or clean-up action, the commission may contract for same and advance funds from the Pollution Emergency Fund to pay the costs thereof, such advancements to be repaid to the Pollution Emergency Fund upon recovery by the commission as provided herein.