Mississippi Environmental Quality Permit Board Summary of Meeting Held July 13, 2010

Mississippi Environmental Quality Permit Board Summary of Meeting Held June 13, 2010

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on July 13, at the offices of the Mississippi Department of Environmental Quality in Jackson. All Board members attended the meeting chaired by Jim Lipe. Minutes from the June 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:

OFFICE OF POLLUTION CONTROL

Waste Management of Tunica Landfill, Inc. (Tunica County)

Reissuance of NPDES Storm Water Permit MSS053317

Reissuance of Title V Air Permit to Operate 2660-00033

Reissuance of State Pretreatment Permit MSP091373

Billy Warden, MDEQ staff, explained to the Board that the landfill site was applying for a reissuance of the above permits with no modifications. All three permits went through a public comment period as required by state law and no comments were received by MDEQ staff. U.S. Environmental Protection Agency also reviewed the Title V Air Permit application for reissuance and saw no need to request any changes. Upon staff recommendation, the Board voted to approve all three permits.

OFFICE OF LAND AND WATER RESOURCES

The Office of Land and Water Resources briefed the Board about a proposed general permit for the reissuance of groundwater withdrawal permits used for irrigation, fish culture, and wildlife management in the Mississippi Delta. Legal notices have been run in eleven Delta-wide newspapers to inform the community about the proposed general permit. A primary component of the proposal includes a new approach to permitting. Once a permit has been issued, the permittee will have up to three years to do one of two things to show full compliance; either 1) implement water conservation practices in the Delta using approved MDEQ standards or 2) install a flow meter on wells. If neither of these conditions is met within the three year period, MDEQ will revoke the existing permit. Three public meetings will be held regarding this proposed general permit. The meeting locations and times are as follows: August 2 in Clarksdale, August 5 in Cleveland, and August 9 in Indianola.

OFFICE OF GEOLOGY

Surface Mining Bond Releases

Dickerson & Bowen, Inc. Rankin P00-005

Dickerson and Bowen, Inc. Lincoln P99-048

Eutaw Construction Company, Inc. Prentiss P08-009

Eutaw Construction Company, Inc. Prentiss P08-024

Hill Brothers Construction Co., Inc. Adams P03-029

James K. Wetzel Harrison P04-037

Talbot Brothers Construction Co., & Talbot Brothers Grading Co. DeSoto P07-032

Surface Mining to Transfer

Hughes Construction Company, Inc. Transfer to All South Construction, Co. Neshoba P06-011

All surface mining bond releases and permit actions listed above were approved in accordance with the staff’s recommendations.

Surface Mining to Rescind:

Kyle M. Mallette Jackson P98-057A

This is a matter of first impression for the Office of Geology. The estate of Kyle M. Mallette requested that the permit be released because the bonding company refuses to honor the bond on the permit since Kyle Mallette, the only party to the contract with the bonding company, is deceased. MDEQ legal staff offered to review the matter and bring the issue before the Board at the regularly scheduled meeting in August.

OTHER BUSINESS

There will be a public hearing on July 22 at 7 p.m. in Kemper County regarding Mississippi Power water quality certification.

The next Board meeting will be held on
Tuesday, August 10, 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.