Prepared By Brunini, Grantham, Grower & Hewes, PLLC
The Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on May 20, at the offices of the Mississippi Department of Environmental Quality in Jackson. All Board members were present for the meeting chaired by Kent Ford. Minutes from the April meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:
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OFFICE OF POLLUTION CONTROL
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Faircloth Rubbish Landfill (Hinds County)
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Reissuance and Modification of Solid Waste Management Permit SW0250020548
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The renewal of this rubbish site permit for the facility at 1312 Springridge Road near Clinton was met with opposition. Over 40 residents living near the site were present to protest issuance of the permit. State Representative David Blount, Don Glenn, who lives near the site, and Ken Ruckstill, a consultant hired by the residents, each addressed the Board to oppose the renewal of the permit. The opponents expressed concerns about odors from the facility, possible groundwater contamination, and the close proximity of the site to their homes.
Billy Warden, a staff member from the Environmental Permitting Division, presented the application for renewal to the Board and listed the special requirements to be included in the permit conditions. Warden explained that the permit would be renewed for only five years, the permittee would be required to install and sample groundwater wells around the site, a new sedimentation pond would be required, and weekly cover instead of bi-weekly cover would be required.
After two hours of statements, questions, and answers from all presenters, a motion was made to go into Executive Session. Rep. Blount challenged this motion. The Board then voted to go into a closed session to discuss whether or not the motion for Executive Session was proper. Following the closed session, the Board announced that the motion for Executive Session had been withdrawn. Three members of the Board voted to issue the permit, three voted to deny the permit, and Chairman Kent Ford broke the tie voting to issue the permit.
HRL Contracting, Inc. (Pearl River County)
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Mining General Permit Coverage
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Surface Mining Permit A1641
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On January 6th the Board denied permits to HRL Contracting to conduct mining operations . Two permits were required for the new mine, a surface mining permit and a storm water pollution prevention permit. In 2007, HRL Contracting filed an application for the surface mining permit, but failed to file an application for the storm water pollution prevention permit. Nevertheless, HRL began mining operations. Complaints were filed by nearby residents to MDEQ. MDEQ ordered mining to cease and levied a $5,000 penalty against the company for mining without the proper permits. HRL subsequently filed applications for both permits.
On January 26, the Board considered these permits. Residents appeared in opposition stating that waste concrete had been disposed of at the site, roads were not being maintained, and minorities were being taken advantage of with the location of the site. At the conclusion of the Board meeting, the Board voted 4 to 1 to deny the permit, with one abstention. HRL requested an evidentiary hearing.
At the evidentiary hearing held today, James Dale from the Attorney General’s Office served as hearing officer. Eric Hamer represented the residents who live near the site and oppose the permit. Jim Lackwood represented HRL’s interest while Lisa Outzs represented MDEQ’s interest. After opening statements, cross examination of the witnesses, and closing statements, the Board reversed its decision of January 26. Ultimately, the Board voted to approve the permit, with one abstention.
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Surface Mining Bond Releases
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Bobby Sullivan / Simpson / P95-092
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Tanner Construction Co., Inc. / Jefferson Davis / P96-016T
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Blain Sand & Gravel, Inc. / Copiah / P95-089
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Blain Sand & Gravel, Inc. / Copiah / P98-022
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W.E. Blain & Sons, Inc. / Lawrence / P05-012
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Glynn W. Leonard, Inc. / Rankin / P99-064
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Surface Mining Permit to Rescind: |
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Louisville Brick Company / Winston / P96-051
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W.P. Properties, LLC / Hinds / P06-017
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Surface Mining Permit to Transfer:
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Primos Development Corporation / Rankin / P96-063
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transfer to City of Flowood
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Surface Mining Permit to Amend:
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Dubois Dozer & Dirt, Inc. / Rankin / P08-012
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All surface mining bond releases and permit actions were approved in accordance with the staff’s recommendations.
The next Board meeting will be held on Tuesday, June 8, 2010.
This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi.. The Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.
