Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on May 11, 2021.  This meeting was held through a telephone conference call and the public was invited to listen to the deliberations of the Board. The Board first approved minutes from the previous meetings held on April 6, 2021, April 13, 2021 and April 23, 2021 and the non-controversial actions/ certifications completed by the staff since the February meeting. Then, following a prepared agenda, the Board considered items as follows:

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Release

Permittee	County	Permit	Staff Recommendation
A&P Gravel, LLC	Pearl River	P16-020	Final 10%

 

SURFACE MINING PERMIT TRANSFERS

Chris Albritton Construction Co., Inc. to Connor Ethridge	Lauderdale	P10-032T
Tim Burton to Eutaw Construction Company, Inc.	Tishomingo	P09-012T

 Other Business

Roy Furrh, MDEQ Chief Counsel, asked that the public send any documentation directly to MDEQ staff rather than directly to him or the Permit Board members. Staff will then provide documentation to him and the Board members.  Krystal Rudolph with the Office of Pollution Control’s Environmental Permit Division added further that if comments are submitted directly to the Board members during a public comment period rather than to staff, then those comments are not included in the public record.

Mr. Furrh noted to the Board that appeals have been filed relating to the evidentiary hearings for both Gold Coast Commodities, Inc. and Mississippi State Port Authority Water Quality Certification.

Mr. Furrh reminded the Board that new officer elections will be held at the June 8, 2021 Board meeting. It is customary that officers rotated among the different state departments which the Board members represent.  He further went to say that Les Herrington is currently in the rotation to become Chair for this coming election.  He thanked outgoing Board Chair Jennifer Whitman for her service for this last year. New officers will take office effective as of the July meeting to coincide with the State of Mississippi’s fiscal year.

The next Permit Board meeting will be held on June 8, 2021, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This 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.

If you have any questions concerning the content of a newsletter, or if you would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

 

Summary of Meeting Held January 11, 2021

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on December 8, 2020.  This meeting was held through a telephone conference call and the public was invited to listen to the deliberations of the Board.  The Board first approved minutes from the previous meeting held on December 8, 2020 and the non-controversial actions/ certifications completed by the staff since the June meeting. Then, following a prepared agenda, the Board considered items as follows:

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Bond Releases

Permittee	County	Permit	Staff Recommendation
Edge Construction, LLC	Lafayette	P13-013	Final 10%

OFFICE OF LAND AND WATER RESOURCES

Permitting, Certification and Compliance Division

Kay Wittington (MDEQ Office of Land and Water Resources) presented the MDEQ Staff’s recommendation and the Board approved the Revision of the General Permit for Groundwater Withdrawal renewals for the uses of Irrigation, Aquaculture and Wildlife Habitat Enhancement from the Mississippi River Valley Alluvial Aquifer (MRVA) in the Mississippi Delta. MDEQ received two general comments during the comment period; however no changes were based on those comments.

Other Business

Roy Furrh, MDEQ Legal Counsel reminded the Permit Board members that they need to complete their annual compliance forms; statement of economic interest forms and EPA forms.

Mr. Furrh also stated that the February 9, 2021 Permit Board Meeting will be in person and that the Evidentiary Hearing regarding Port of Gulfport Water Certification will be held after.

Mr. Furrh stated that the Gold Coast Evidentiary Hearing has been scheduled to be heard after the March Permit Board Meeting.

The next Permit Board meeting will be held on February 9, 2021, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This 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.

If you have any questions concerning the content of a newsletter, or if you would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Summary of Meeting Held August 27, 2020

The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on August 27, 2020.  This meeting was held through a telephone conference call.  The public was invited to listen to the deliberations of the Commission on the conference phone line.  The Commission first approved minutes from the previous meeting held on June 25, 2020, 2020. Then, following a prepared agenda, the Commission considered items as follows:

Election of Officers for Fiscal Year 2021 (July 2020-June 2021)

The Commission re-elected the John Dane, III as Chair and Brenda Lathan as Vice-Chair.

Commission Approval of Brownfield Agreement

The MCEQ Staff recommended and the Commission approved the Brownfield Agreement between the Commission and Castle Starkville, LLC regarding the remediation of brownfield property located at 601 Highway 12 in Starkville, Mississippi. The administrative record for this environmental response project is referred to as the former Garan Manufacturing site. The proposed Brownfield Agreement Site previously operated as a clothing manufacturer and distributor. Site assessments identified the presence of asbestos containing materials. Therefore, remediation of the proposed Brownfield Agreement Site is necessary. The proposed use of the Site after completion of all remediation will be a 90,000 square foot commercial redevelopment for retail space. Commission Staff evaluated the Brownfield Agreement and believes that, with the conditions and restrictions contained within the Brownfield Agreement, the Site will be in compliance with applicable State and Federal laws and standards and will be protective of the public health and the environment. The MCEQ Staff received one inquiry during the public comment period, but no objections.

Commission Approval of Brownfield Consulting Firm

The MCEQ Staff reviewed an application from a consulting firm requesting to be listed as a Brownfield Consulting Firm and has determined it to be complete and acceptable. Staff recommended and the Commission approved the following firm as Brownfield Consulting Firm:

SEMS, Inc.

11628 S. Choctaw Drive

Baton Rouge, LA 70815

Showcase of 2020 Municipal Excellence Award Winner – City of Hernando – Reliable Equipment Brownfield Redevelopment Project

In July 2020, the City of Hernando received the Mississippi Municipal League’s 2020 Municipal Excellence Award for Planning and Economic Development, Population Over 10,000 for the public-private partnership with City of Hernando, the Mississippi Development Authority, the Mississippi Department of Environmental Quality, and Hernando Town Properties, LLC for the redevelopment of the former Reliable Equipment farm equipment maintenance facility into Uncle Bubba’s Barbecue and Social x Saint, upscale shop. Through a Brownfield Community Wide Grant by the Environmental Protection Agency (EPA) to the City of Hernando, Brownfield Agreements between MDEQ and Hernando Town Properties, LLC, and a redevelopment tax incentive between MDA and Hernando Town Properties, LLC this public-private partnership was possible. The Commission on Environmental Quality’s participation by (1) the approval of the original Brownfield Agreement application, (2) the approval of the Brownfield Corrective Action Plan, (3) the approval of the modified Brownfield Corrective Action Plan, and (4) the approval of the completion of the original Brownfield Agreement not only allowed the clean-up of petroleum contaminated soil and petroleum/lead contaminated groundwater, but also provided Hernando Town Properties, LLC the opportunity to receive tax incentives and credits from MDA to make this redevelopment possible. The Commission’s actions also allowed for reuse of the building which minimized waste disposal activities. This agenda item was for reporting purposes only and required no action by the Commission.

Water Pollution Control Revolving Loan Fund (WPCRLF) Program, Adoption of FY-2020 Intended Use Plan

The Staff recommended adoption and the Commission approved the FY-2020 Intended Use Plan. This document identifies the loan funds available to communities for the construction of wastewater infrastructure, the communities to receive these loan funds, the loan interest rate, program deadlines, and other related information. Public comments on the draft Intended Use Plan have been solicited through a public comment period and a public hearing.

Water Pollution Control Revolving Loan Fund (WPCRLF) Program, Resolution of Necessity to Issue Bonds

During the 2020 State legislative session, House Bill 1730 was passed and subsequently became law. This bill provided for the issuance of $2,830,000 in bonds to provide state matching funds required to obtain $14,150,000 in available federal assistance to this program. The funds are loaned at low interest rates to facilitate the construction or improvement of Wastewater Treatment facilities in the state. In order to initiate this process, the Commission must adopt a Resolution of Necessity for issuance of these bonds. Staff will provide copies of the Resolution to the Commission for consideration. Staff also recommend and the Commission adopted the Resolution of Necessity to Issue the Bonds.

2020 Draft Mississippi Section 303(d) List of Impaired Water Bodies

The Staff briefed the Commission on the 2020 Draft Mississippi Section 303(d) List of Impaired Water Bodies. The Commission has been provided with the document package which includes the 2020 DRAFT Mississippi 303(d) List, a copy of the public notice and the MDEQ CALM document. A public notice is scheduled to be held on September 28, 2020 to receive public comments. Staff will return to the Commission following the public notice and hearing to request the adoption of the Final 2020 303(d) list.

CERTIFICATIONS APPROVED

Asbestos:                     227 certifications

Lead Paint:                   109 certifications

Underground

Storage Tanks:             7 certifications

Wastewater Operator: 64

EMERGENCY CLEAN-UP EXPENSES

There were 7 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Twenty one (13) Administrative Orders and three (3) Amended Agreed Orders were issued by the Executive Director and approved by the Commission since the last report.

The next Commission meeting is proposed to be on September 24, 2018, at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This 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.

If you have any questions concerning the content of a newsletter, or if you would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Summary of Meeting Held August 11, 2020

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on August 11, 2020.  This meeting was held through a telephone conference call and the public was invited to listen to the deliberations of the Board.  The Board first approved minutes from the previous meeting held on July 14, 2020 and the non-controversial actions/ certifications completed by the staff since the June meeting. Then, following a prepared agenda, the Board considered items as follows:

OFFICE OF GEOLOGY

Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Mining Transfers

Permittee	County	Permit
Acme Brick to W.H. Roark Farms, LLC	Benton	P98-052TA
Louisville Brick to Bakers Ready Mix & Construction, LLC	Winston	P00-036
Consolidated AGG., LLC to Turley International Resources, LLC	Pearl River	P08-032AT
Southeastern Concrete to River Road Sand & Gravel, LLC	Forrest	P95-108

Other Business

Roy Furrh, MDEQ Legal Counsel, informed the Board Members that the Hearing Officer has not made a final decision regarding Mississippi State Port Authority – North Port Property in Harrison County and no Evidentiary Hearing has been set yet.  Mr. Furrh also reminded Board Members that the evidentiary hearing regarding the All South Construction Surface Mining Bond Release approved during the May Permit Board has been scheduled for November 10, 2020.

The next Permit Board meeting will be held on September 8, 2020, at 9 a.m.

This Newsletter is a publication of the Environmental Practice Group of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This 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.

If you have any questions concerning the content of a newsletter, or if you would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.