Prepared By Brunini, Grantham, Grower & Hewes, PLLC
The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on June 24, at the offices of the Mississippi Department of Environmental Quality in Jackson. Jack Winstead chaired the meeting attended by all Commission members. Minutes from the last meeting held in April were approved. Following a prepared agenda, items considered were as follows:
EXECUTIVE DIRECTOR REPORT
Attending to matters related to the Deepwater Horizon oil spill in the Gulf of Mexico, Trudy Fisher was unable to attend the meeting. Alice Perry reported to the Commission on behalf of Fisher. Perry commended the MDEQ staff working on the Coast and all others working diligently to help the Gulf Coast region. John Mayo, Chairman for the Mississippi House Select Committee on the Gulf Coast Disaster, was introduced. Mayo invited Commission members to join House members in making a trip to the Coast and the Unified Command Center in mid-July.
BRIEFING ON DEEPWATER HORIZON OIL SPILL AND RESPONSE
Richard Harold, MDEQ staff, presented a power point presentation to the Commission to update members on MDEQ’s response to the Deepwater Horizon oil spill. Harold explained that the United States Coast Guard (USCG) is the lead command and that a Unified Command Center has been established in Mobile, Alabama. Harold continued by explaining the roles of various groups and organizations involved in the response to the oil spill. MDEQ, working cooperatively with the Mississippi Department of Marine Resources (MDMR), is focused on protecting the state’s most critical habitats along the coast and in the estuaries. Mississippi currently has two Shoreline Cleanup and Assessment Teams (SCAT) and plans to add a third. MDEQ continues to routinely take air and water samples in order to monitor health risks in the area. Harold also informed the Commission that BP will reimburse MDEQ for all time and expenses associated with the oil spill.
COMPREHENSIVE FEE SCHEDULE FOR LEAD-BASED PAINT
The fee schedule for Abatement has been in place since 1998. Based on “The Mississippi Lead-Based Paint Activity Accreditation and Certification Act” amended during the 2010 legislative session, the staff proposed the addition of several items to the fee schedule while maintaining the current fees already in place. The Commission voted to approve the additions to the fee schedule.
PROPOSED RECYCLING COOPERATIVE GRANT REGULATIONS
Mark Williams , MDEQ Solid Waste Division, presented to the Commission the new Recycling Cooperative Grant Regulations (SW-10). The regulations are proposed to address the establishment and administration of the Recycling Cooperative Grants Fund as required by the Miss. Code Ann. Section 17-17-63. The fund will be used to provide grants to regional recycling cooperative organizations for the purpose of collection, processing, and marketing of recyclables. Upon completion of the public participation process, the staff will present the final draft of the regulations to the Commission for approval. A public meeting is scheduled for Tuesday, July 13, 2010 at 6:00 p.m. at the MDEQ office on Amite Street.
APPOINTMENT OF HEARING OFFICER
Roy Furrh, MDEQ legal staff, requested that the Commission approve Woody Woodcock, Special Assistant Attorney General, as a hearing officer for MDEQ. MDEQ has several pending environmental enforcement matters and an appointed hearing officer would facilitate bringing such matters to resolution in a more efficient manner. Woodcock would prepare a hearing record for each hearing and submit the record, the hearing officer’s findings of fact, and recommendation to the Commission for consideration. After receiving the hearing officer’s decision, violators would still have an opportunity to request a hearing before the Commission. The Commission voted to approve Woodcock as a hearing officer for MDEQ.
|
Asbestos: 231 asbestos certifications
|
|
Lead Paint: 133 lead paint certifications
|
|
Wastewater Operator: 56 wastewater certifications
|
|
EMERGENCY CLEAN-UP EXPENSES APPROVED
|
Complete Environmental & Remediation Co. in the county of Hancock.
United States Environmental Services in the counties of:
Jackson, Harrison, Simpson, Grenada, Rankin, Desoto, Richton, Hinds, and Tippah.
*The Commission approved 15 emergency expenditures incurred since the last report.
|
ADMINISTRATIVE ORDERS APPROVED
|
Twenty-three administrative orders issued by the Executive Director and approved by the Commission included the following matters:
|
Program Area
|
Number of Orders
|
Penalty Range
|
|
Storm Water
|
3
|
5,000 to 10,000
|
|
NPDES
|
|
|
|
Discharges
|
6
|
0 to 50,000
|
|
Air
|
3
|
75,000 to 87,000
|
|
Underground Storage
|
|
|
|
Tanks
|
2
|
1,000
|
|
Hazardous Waste
|
1
|
44,000
|
|
Surface Mining
|
2
|
0
|
| Other |
6
|
1,000 to 18,900
|
The remaining thirteen Orders were not enforcement-oriented, but rather dealt with adoption of regulations, approvals of Solid Waste Management Plan amendments, Brownfield projects, and other routine administrative matters.
The next Commission meeting is scheduled for July 22, 2010 at 9:00 a.m.
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.