Brunini Law

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on August 8, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the July meeting and the non-controversial actions/ certifications completed by the staff since the June meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL – No items.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases:

 

Permittee	County	Permit	Staff Recommendation
Buchanan  Timber  Holdings, LLC	Pontotoc	P07-009	Initial 10%
Neely Trucking & Excavating	Rankin	P05-019AT	No Additional Release
Joe McGee Construction Co., Inc.	Winston	P13-015	Final 30%
Joe McGee Construction Co., Inc.	Newton	Pl0-031	Final 40%
Joe McGee Construction Co., Inc.	Madison	P06-024	Final 10%
Oddee Smith Construction, Inc.	Lincoln	P99-018	Final 50%
Oddee Smith Construction, Inc.	Lincoln	P02-047	Final 65%
Oddee Smith & Sons, Inc.	Lincoln	P98-007	Final 70%
Oddee Smith & Sons, Inc.	Lincoln	P05-014	Final 50%

 In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to cancel:

 

Permittee	County	Permit
William Adair	Marshall	P09-029
Baker Ready Mix-Construction- Landscaping	Winston	P07-029
Ellis Construction Company, Inc.	Lowndes	P02-055A
The City of Brandon, Crossgates Project	Rankin	P16-024

 In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits name change:

 

Permittee	County	Permit
Boral Bricks Inc. name changed to Meridian Brick, LLC	Kemper	P85-014, P85-020, P86-012, P92-099, P04- 046

 In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to transfer:

 

Permittee	County	Permit
Wagoner Gravel, LLC., transfers to Camo Construction Company, Inc. permit number will be P04-039T	Adams	P04-039
Edgin Construction Company Transfers to Self-Storage 61, LLC permit number will be P16-013T	Adams	PI6-013
Marion Clay and Gravel, LLC, transfer to Heritage Sand and Gravel LLC permit number will be Pll-031T	Marion	Pll-031

In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to rescind:

 

Permittee	County	Permit
Old Hickory Clay Company	Tippah	P09-022
Hedges Plantation Land, LLC	Adams	P17-006

OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel, welcomed David Dockery to the Permit Board.  Mr. Dockery was recently selected as head of the Office of Geology and the State Geologist, replacing Michael Bograd who recently retired.

The next Permit Board meeting will be held on September 12, 2017, at 9 a.m.

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on July 12, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Dennis Riecke chaired the meeting.

The Board approved minutes from the June meeting and the non-controversial actions/ certifications completed by the staff since the June meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL – No items.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases:

Permittee	County	Permit	Staff Recommendation
Baker Ready Mix – Construction – Landscaping	Winston	P07-029	Additional 10%
Oddee Smith & Sons, Inc.	Lincoln	P92-062	Final 90%
Dickerson and Bowen, Inc.	Amite	P94-046	Additional 70%
Dickerson and Bowen, Inc.	Franklin	P94-047T	Final 10%
Hammett Gravel Company, Inc.	Yazoo	P04-010	Additional 15%
Harris Construction Company	Madison	P02-060A	Initial 50%

In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to rescind:

Permittee	County	Permit
Talbot Bros. Constr. Co. and Talbot Bros. Grading Co.	DeSoto	P10-004A

 In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to transfer:

Permittee	County	Permit
Phillips Trucking Company Transferred to BBR Mining, LLC	Hancock	P10-034

In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to modify:

Permittee	County	Permit
Surface Coal Mine Red Hills Modification	Choctaw	MS-002 Renewal 2

 OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel announced the retirement of Harry Wilson, Chief of the Environmental Permits Division, Office of Pollution Control and named Krystal Rudolph as his replacement.

ELECTION OF BOARD CHAIRMAN AND VICE-CHAIRMAN FOR 2017-2018

Mr. Furr also clarified the minutes from the last Board meeting that The Board unanimously voted to “elect” and not “nominate” the following:

Chair – Dennis Riecke, Mississippi Department of Wildlife, Fisheries & Parks

Vice-Chairman – James Hoffmann, Office of Land and Water

The Board unanimously approved these revisions.

The next Permit Board meeting will be held on August 8, 2017, at 9 a.m.

 

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on June 13, 2017, at the offices of the Mississippi Department of Environmental Quality, in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from the May meeting and the non-controversial actions/ certifications completed by the staff since the March meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL – No items.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases:

 

Permittee	County	Permit	Staff Recommendation
Milton Chad Coffee	Union	P07-014T	Initial 20%
Foshee Construction Company, Inc.	Madison	P99-047	Additional 40%
Hammett Gravel Company, Inc.	Yazoo	P93-061	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	P96-052	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	P97-046	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	P00-064	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	POl-037	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	P02-026	Initial 10%
Hammett Gravel Company, Inc.	Yazoo	P02-030AAA	Initial 10%
Krystal Gravel, Inc.	Copiah	P79-002T2	Initial 20%
Krystal  Gravel, Inc.	Copiah	P02-043	Final 20%
Krystal  Gravel, Inc.	Copiah	P87-040T2	Additional 20%
Krystal Gravel, Inc.	Copiah	P92-107	Initial 50%
Krystal  Gravel, Inc.	Copiah	P94-103	No release
Krystal  Gravel, Inc.	Copiah	P95-069T2	Initial 10%
Krystal Gravel, Inc.	Copiah	P98-003	Final 10%
Krystal Gravel, Inc.	Copiah	P07-007	Initial 10%
Krystal Gravel, Inc.	Copiah	Pl0-027	No release
Krystal Gravel, Inc.	Copiah	P16-015	Initial 10%
Krystal Gravel, Inc.	Copiah	P16-032	No release
W. S. Newell	Marshall	Pl3-024	Initial 90%
W. S. Newell	Marshall	P13-025	Initial 90%
W. S. Newell	Marshall	P13-026	Initial 90%
W. S. Newell	Marshall	P14-007	Initial 90%
Oddee Smith & Sons, Inc.	Lincoln	P87-025	Final 50%
Oddee Smith & Sons, Inc.	Lincoln	POS-013	Final 15%
T.  L. Wallace Construction, Inc.	Hinds	PlS-010	Initial 90%

In accordance with MDEQ staff recommendations, the Board approved the following surface mining permits to cancel:

 

Permittee	County	Permit
Pat Fore Truck Lines, Inc.	Harrison	P95-082
Pat Fore Truck Lines, Inc.	Harrison	P95-083
AMO Construction. Inc.	Tallahatchie	P16-018

OTHER BUSINESS:

Lisa Ouzts, Senior Attorney with MDEQ, presented the proposed Findings of Fact and Conclusions of Law (“Findings of Facts”) for consideration regarding the evidentiary hearing held on March 14, 2017, in the matter of Drying Facility Assets Holding, LLC, Pearl River County,  Mississippi,  regarding the issuance, transfer, and modification of the Section 401 Water Quality Certification (WQC2012071), transfer of certificate of coverage under Mississippi’s Large Construction Storm Water General Permit (MSR106120), transfer of certificate of coverage under Mississippi’s Baseline Storm Water General Permit (MSR002071), and transfer of Permit to Construct Air Emissions Equipment (No. 2180-00052) to Drying Facility Assets Holding LLC, Pearl River County, Mississippi.  Staff previously circulated the proposed Findings of Facts to all parties and received only minor (non-substantive) edits.  Based on Staff recommendation, Board approved the Findings of Facts.

ELECTION OF BOARD CHAIRMAN AND VICE-CHAIRMAN FOR 2017-2018

The Board voted unanimously to elect the following:

Chair – Dennis Riecke, Mississippi Department of Wildlife, Fisheries & Parks

Vice-Chairman – James Hoffmann, Office of Land and Water

The next Permit Board meeting will be held on July 11, 2017, at 9 a.m.

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on February 23, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on November 10, 2016.  Following a prepared agenda, items considered were as follows:

FY2018 Title V Fee Recommendation

Staff reported that a Public Hearing concerning the FY2018 Title V Permit Fee was held on December 21, 2016. No comments were received. The staff recommended and Commission approved to set the fee at $47.00 per ton of regulated air pollutants with a minimum fee of $250.00, which is the same as the previous year’s fee.

Mississippi State Oil and Gas Board Rule 68- Commission’s Consideration of Approval of Amendments and Revisions to Statewide Rule 68

Roy Furrh, MDEQ Legal Counsel, presented this matter before the Commission, stating that the Oil and Gas Board approved amendments and revisions to its Statewide Rule 68 on November 16, 2016, related to Disposal of Naturally Occurring Radioactive Materials Associated with the Exploration and Production of Oil and Gas as discussed in the December 20, 2016, correspondence from the Oil and Gas Board.  By statute and through case law, the amendments and revisions to the Rule 68 Disposal regulations must be approved by the Commission. Staff has previously briefed the Commission on this matter. The staff of the Oil and Gas Board has coordinated with staff of MDEQ on the amendments and revisions to Rule 68. Per MDEQ Staff recommendation, the Commission approved the amendments and revisions to Oil and Gas Board Rule 68.

Commission Designated Hearing Officer

Commission approved Doug Levanway, to serve as a hearing officer in future Commission evidentiary hearings, pursuant to Miss. Code Ann. Sections 49-17-31 and 49-17-33.

Commission Approval of Brownfield Consulting Firms

 Staff recommended, and the Commission approved, Tioga Environmental Consultants, Inc., of Memphis, Tennessee, as a Brownfield Consulting Firm.

Commission Approval of Environmental Covenant – Accelerated Companies, LLC Facility – Laurel, MS

 Note – This agenda item was for reporting purposes only.  Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.), the Executive Director of MDEQ approved the Environmental Covenant between the Commission and Accelerated Companies, LLC, regarding the remediation of property located at 3625 Industrial Boulevard, Laurel, MS. The accompanying Restrictive Use Agreed Order was also approved by the Executive Director. Environmental Site Assessments revealed a release of Diesel Range Petroleum compounds impacting shallow soils beneath the footprint of the building on-site and a release of Cadmium impacting groundwater in one shallow well at concentrations in excess of Target Remediation Goals. Therefore, remediation of the site is necessary. The staff of the MDEQ evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained within, the site will be in compliance with applicable state laws and standards and will be protective of the public health and the environment.

CERTIFICATIONS APPROVED

Asbestos:                      336 certifications

Lead Paint:                   104 certifications

Underground Storage Tanks:              17 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 15 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Twenty (20) Administrative Orders and three (3) Amended Agreed Orders were issued by the Executive Director and approved by the Commission since the last report.

OTHER BUSINESS

Mr. Gary Rikard, Executive Director of the MDEQ updated the Commission on the status of MDEQ budget discussions before the Legislature.

 

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on February 14, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from the January meeting and the non-controversial actions/ certifications completed by the staff since the January meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL – No Items

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases:

Surface Mining Bond Releases:

 

Permittee	County	Permit	Staff Recommendation
All South Construction Company	Neshoba	P99-071A	Initial 20%
Baldwin Sand & Gravel	Panola	P12-019	Initial 10%
W.E. Blain & Sons, Inc.	Scott	P91-046T	Initial 50%
W.E. Blain & Sons, Inc.	Scott	P96-013	Initial 50%
Preston Dobbs Truck Service	Monroe	P10-010	Initial 90%
Tanner Construction Co., Inc.	Jefferson Davis	P96-016T	No Additional
Tanner Construction Co., Inc.	Lawrence	P07-005A	No Additional
Tanner Construction Co., Inc.	Perry	P08-019	No Additional
Walters Development, LLC*	Jones	P07-030	Additional 20%
*Note – a representative for Walters Development spoke on behalf of the company regarding the Bond Release and a separate permit application submitted to MDEQ.

Surface Mining Transfer:

The Board approved the permit transfer from Boyles Roofing and Sheet Metal, Inc., Permit P92-045T, to M&O Surface, Inc.

Surface Mining Name Change:

The Board approved a name change from Blain and Sons, Inc. to Blain Sand & Gravel, Permit P96-042AA.

OTHER BUSINESS

Renaissance at Colony Park, LLC, Madison County, Mississippi – Staff presented and the Board approved the proposed Findings of Fact and Conclusions of Law for consideration regarding the issuance of a Clean Water Act Section 401 Water Quality Certification (No. WQC 2015041) and Coverage under the Large Construction Storm Water General NPDES Permit (No. MSR 107191) to Renaissance at Colony Park, LLC, Madison County, Mississippi.

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Board that the Evidentiary Hearing for Drying Facility Asset Holdings, LLC, has been scheduled for the March meeting.

Staff presented and Board approved MDEQ’s Motion to Dismiss an evidentiary hearing request received from Austin D. (Dan) Check for consideration regarding the reissuance of Water Pollution Control Permit to Discharge Wastewater in Accordance with the National Pollutant Discharge Elimination System, Permit No. MS0020117, to the City of Meridian Publicly Owned Treatment Works, located in Lauderdale County, MS.

The next Permit Board meeting will be held on March 14, 2017, at 9 a.m.

 

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on January 11, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from the December meeting and the non-controversial actions/ certifications completed by the staff since the December meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

The Board approved issuance of coverage under the AFO General Permit (MSG201911) and issuance of construction under the Storm Water Coverage (MSR107315) for A’s Farm, LLC, in Walthall County.  The application proposes ten poultry houses and construction activity on sixteen acres of disturbed land.  Staff stated that upon notification by the Applicant, one neighboring property owner submitted a letter of objection and a local church submitted a signed petition citing issues including health concerns and property values.  No one in opposition was present at the meeting.  Because the facility’s application is complete and the Applicant is in compliance, MDEQ staff recommended issuance of the Permit.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond release:

Surface Mining Bond Release:

 

Permittee	County	Permit	Staff Recommendation
Bellew Sand and Gravel	Forrest	P97-026	Initial 90%
Boydstun Lumber Company	Winston	P87-021	Initial 90%
Boydstun Lumber Company	Winston	P94-027A	Initial 50%
Green Brothers Gravel Company, Inc.	Copiah	P09-005A	Final 20%
Golden Triangle Sand and Gravel	Lowndes	P89-013T	Initial 90%
Golden Triangle Sand and Gravel	Lowndes	P98-041	Initial 90%
Hammett Gravel Company, Inc.	Yazoo	P06-029A	Additional 20%
Joe McGee Construction Company, Inc.	Madison	P11-018A	Initial 80%
Joe McGee Construction Company, Inc.	DeSoto	P13-003	Initial 10%
Birdsong Construction Company, Inc.	Hinds	P96-066	Initial 25%
Ralph Weldy	Forrest	P94-140A	Initial 90%

Surface Mining Transfer of Acreage:

The Board approved the transfer of 120 acres in Holmes County from the adjacent mine owned by Baldwin Sand & Gravel (“Baldwin”) to Hammett Gravel Company, Permit P10-020AAA (“Hammett”) increasing Hammett’s permitted acreage from 83.5 acres to 203.5 acres and reducing Baldwin’s permitted acreage from 290 acres to 170 acres.

OTHER BUSINESS

 Staff presented and Board approved the proposed Findings of Fact and Conclusions of Law for consideration regarding the issuance and modification of Water Pollution Control Permit to Discharge Wastewater in Accordance with the National Pollutant Discharge Elimination System Permit No. MS0061751 to Mississippi Power Company, Kemper IGCC Facility (Plant Ratcliffe), Located in Kemper County, MS.

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Permit Board members that they need to file their annual ethics statement.

Mr. Roy Furrh, thanked the Board for completing the forms recently required by the Department of Interior – Office of Surface Mining and Reclamation.

Mr. Furrh also reminded the Board that the Evidentiary Hearing for Drying Facility Asset Holdings, LLC, has been scheduled for the March meeting.

Mr. Furrh briefly discussed the suit between West Rankin Utility Authority and the City of Jackson and stated that oral arguments are today before the Rankin County Chancery Court.

The next Permit Board meeting will be held on February 14, 2017, at 9 a.m.

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on December 13, 2016, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from the November meeting and the non-controversial actions/ certifications completed by the staff since the November meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

The Board approved issuance of coverage under the AFO General Permit (MSG201908) and issuance of construction under the Storm Water Coverage (MSR107275) for Tommie L. Landrum II Poultry in Jones County.  The application proposes six poultry houses and construction activity on twelve acres of disturbed land.  Staff stated that upon notification by the Applicant, eleven neighboring property owners submitted letters of objection citing issues including health concerns, the presence of gopher tortoises, and a stream running through the property.  Two individuals spoke in opposition and one read a letter from a third individual, who was unable to attend the meeting.  Board members posed questions to those in opposition as well as staff concerning notification issues; buffer area; doctor’s letter confirming health problems; disposal of litter and dead birds.  Because the facility’s application is complete and the Applicant is in compliance, MDEQ staff recommended issuance of the Permit.  After the vote, Mr. Roy Furrh, MDEQ General Counsel, advised those in opposition that they may request an Evidentiary Hearing on the matter.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond release:

Surface Mining Bond Release:

 

Permittee	County	Permit	Staff Recommendation
T. L. Wallace Construction, Inc.	Hinds	PIS-017	Initial 90%
Baldwin Sand & Gravel	Monroe	P92-098AA	Final 60%
T. L. Wallace Construction, Inc.	Harrison	P03-030	Initial 90%
T. L. Wallace Construction, Inc.	Harrison	P02-018	Final 10%
T. L. Wallace Construction, Inc.	Marion	P08-013	Final 10%
T. L. Wallace Construction, Inc.	Marion	P08-018	Final 10%
T. L. Wallace Construction, Inc.	Marion	P08-021	Final 10%

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Counsel, thanked the Board for completing the forms recently required by the Department of Interior – Office of Surface Mining and Reclamation

Mr. Furrh also reminded the Board that the Evidentiary Hearing for Drying Facility Asset Holdings, LLC has been scheduled for the March meeting.

The next Permit Board meeting will be held on January 10, 2017 at 9 a.m.