Prepared By Brunini, Grantham, Grower & Hewes, PLLC
The Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on June 8, at the offices of the Mississippi Department of Environmental Quality in Jackson. Kent Ford chaired the meeting attended by all but one Board member. Minutes from the May 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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Gregory Forsythe, Poultry (Winston County)
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Issuance of Coverage under the AFO General Coverage MSG201604
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The applied for permit covers two poultry houses and approximately 20,0000 breeders. Three acres have been designated for construction of the chicken houses and all required buffers have been met by the applicant. After the Notice of Intent and a site inspection by MDEQ staff, two letters of concern were received by MDEQ. One letter addressed concerns about run-off drainage from the chicken houses to the adjoining property. The other letter emphasized that no portion of the chicken houses should impose upon a neighbor’s property. After assurances from the applicant that all litter will be removed from the site for disposal, the Board, upon staff recommendation, voted to issue the permit.
Josh Slay, Poultry (Scott County)
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Issuance of Coverage under the AFO General Coverage MSG201605
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Originally, the applicant had nine chicken houses and dismantled all nine. This permit request is for two houses. Four acres have been reserved for the construction of the houses and the site meets all buffer requirements to protect a local creek. Two letters of concern were received by MDEQ expressing worries about contamination of the creek with waste and dead birds. The applicant informed the Board that the litter would be transferred off-site and that the dead birds would be composted to meet all required MDEQ regulations. On recommendation from the staff, the Board voted to issue the permit.
Miller Cattle Company (Lauderdale County)
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Issuance of State Operating No Discharge Permit MSU008027
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Miller Cattle Company buys and sells cattle, housing approximately 900 head of cattle per week. The cattle are kept under covered pallets and the manure waste is kept in dry storage until it is removed from the site. Dan Check, a local resident, addressed the Board stating ongoing concerns about the site, including inaccurate application information submitted to MDEQ and the presence of manure in run-off from the facility. Mr. Check asked the Board to grant another public hearing to set the record straight. MDEQ staff responded to Mr. Check’s comments by informing the Board that MDEQ has added a “visual inspection” for the transfer of manure and the dry storage site. After hearing that the March “visual inspection” of the site showed the facility was fully in compliance, the Board voted to issue the permit.
Meridian POTW/East Meridian POTW (Lauderdale County)
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Reissuance of NPDES Permits: |
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Meridian MS0020117
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Meridian East MS0055735
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Although both facilities have had compliance problems in the past, MDEQ indicated to the Board that reissuance of the permits would provide for more stringent requirements of each site. MDEQ staff informed the Board that failure to reissue the permits would lead to the failure to set the three-year-period trigger date needed to get both facilities fully in compliance as quickly as possible.
Raymond Huffmaster, a resident of Lauderdale County, expressed concerns to the Board that even though both facilities have had repeated, reported violations, MDEQ has done nothing in enforcement. An official from the facility appeared to explain to the Board that Meridian has suffered greatly in the present economic crisis and that the city is doing everything it can to come into compliance. In order to expedite compliance at both facilities, the Board voted to reissue the permits.
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Surface Mining Bond Releases
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Memphis Stone & Gravel Company Panola P01-015
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Memphis Stone & Gravel Company Panola P01-041
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Oxford Sand Company Panola P99-051
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Surface Mining Permit to Rescind: |
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Oxford Sand Company Panola P99-051
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All surface mining bond releases and permit actions were approved in accordance with the staff’s recommendations.
ELECTION
The Board concluded the meeting by electing Jim Lipe as the new chair and Sam Mabry as the new vice-chair.
The next Board meeting will be held on Tuesday, July 13, 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.
