IT Support

The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m., on November 15, 2019, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on August 22, 2019.  Following a prepared agenda, items considered were as follows:

 

Establishment of the Lignite Mining Fee for Liberty Fuels Company, LLC for the Liberty Mine in Kemper County for State Fiscal Year 2020;

Establishment of the Lignite Fee for the Mississippi Lignite Mining Company for the Red Hills Mine in Choctaw County for State Fiscal Year 2020;

Establishment of the Lignite Fee for the Mississippi Lignite Mining Company for the Red Hills Mine Area 3 in Choctaw County for State Fiscal Year 2020

 

MDEQ Staff recommended and the Commission approved that (1) the Liberty Fuels Company, LLC Lignite Mining Fee for the 2020 state fiscal year be set at $125,000, which is the same as for state fiscal year 2019; (2)  the Mississippi Lignite Mining Company Lignite Mining Fee for the 2020 state fiscal year be set at $125,000, which is a decrease of $50,000 from the fee for state fiscal year 2019; and (3) a new Lignite Mining Fee of $50,000 for the proposed Mississippi Lignite Mining Company, Red Hills Mine Area. This fee is necessary to cover the additional staff resources/costs associated with an application review related to a new surface coal mining application. These amounts will cover approximately 50% of the anticipated costs of administering the federally-approved coal mining program in Mississippi; the remaining approximately 50% of the cost will be covered by a federal Office of Surface Mining Reclamation and Enforcement (“OSMRE”) grant. These fees will cover 100% of the anticipated cost of administering the program above the amount of the federal OSMRE grant.

 

 

Commission Approval of Brownfield Agreement

 

MDEQ Staff recommended and the Commission approved the Brownfield Agreement between the Commission and Everest, LLC regarding the remediation of brownfield property located at 800 Central Street in Water Valley, Mississippi. The administrative record for this environmental response project is referred to as the former Water Valley Manufacturing site. The proposed Brownfield Agreement Site previously operated as a textile manufacturer. Assessments have detected the presence of chlorinated solvents in the groundwater beneath the site and asbestos containing material within onsite structures. Therefore, remediation of the proposed Brownfield Agreement Site is necessary. The proposed use of the Site after completion of all remediation will be a school as an expansion site for the Base Camp Coding Academy. The staff of the MDEQ has 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.

Triennial Review of Mississippi’s Water Quality Standards (WQS): Revising Waterbody Classifications for Mississippi’s Surface Waters

 

MDEQ Staff provided an overview of the three new proposed waterbody classifications. Waterbody classifications are one of the required components within the state’s WQS regulations. These classifications describe the goals or expectations of a waterbody based on how that waterbody is used. Mississippi’s current waterbody classifications include Fish and Wildlife Support, Recreation, Public Water Supply, Shellfish Harvesting, and Ephemeral Waters. In an effort to more accurately characterize the waterbodies within the State of Mississippi, three additional classifications have been developed for addition to the state’s WQS as part of the current triennial review.  They are (1) Fish and Wildlife Modified; (2) Drainage Waters; and (3) Outstanding Mississippi Waters. The addition of these new proposed classifications will allow MDEQ to more accurately categorize our state waters and set appropriate goals for restoration and/or protection of these resources.  The next steps include a comment period beginning in January with a public hearing to be held after the comment period has ended.  This will then be submitted to EPA after the required comment period, public hearing and Commission approval. This agenda item was presented for informational purposes only.

 

Modification of Hinds County Solid Waste Management Plan

 

The Commission’s designated Hearing Officer, Doug Levanway presented his Recommendations related to the evidentiary hearing which was held on September 19, 2019, regarding a challenge to Commission Order No. 6772-17 to approve the modification of the Hinds County Solid Waste Management Plan to allow for the expansion of the Faircloth Class I Rubbish Site. The evidentiary hearing was held along with a Motion hearing which was held on September 16, 2019. Pursuant to Miss. Code Ann. Section 49-17-33, the Hearing Officer has the authority to conduct the hearings in the name of the Commission and provide findings of fact and a recommended decision for the Commission’s consideration at the Commission meeting. At the evidentiary hearing, MDEQ staff recommended that Commission Order No. 6772-17 be affirmed. In his findings and recommended decision, the Hearing Officer recommended that the Commission affirm the Order which approves the modification of the Hinds County Solid Waste Management Plan allowing for the expansion of the Faircloth Class I Rubbish Site by an additional 26.55 acres. The Commission affirmed the final decision in this matter after reviewing the provided record which includes the Petition for Hearing, the transcript of the Motion Hearing, the transcript of the Evidentiary Hearing, exhibits to the transcripts, Motions to Intervene, Motions in Limine, Responses to Motions, witness lists, and the Hearing Officer’s Findings of Fact and Recommended Decision. Petitioner Bill Moore and the intervenors (Hinds County and Faircloth Rubbish Landfill, Inc.) were invited to attend the meeting on November 15, 2019, but the record in this matter is closed.

 

Certifications Approved since the last report

 

Type	Number
Asbestos Certifications	516 certifications
Lead Paint Certifications	286 certifications
Underground Storage Tanks (UST) Certifications	19 certifications to those who install, alter, or remove underground storage tanks
Wastewater Operator Certifications	126
Emergency Clean-Up Expenses	19

 

Administrative Orders

 

45 Administrative Orders and 2 Amended Agreed Orders were issued since the last report, and they will added to the minutes.

 

OTHER BUSINESS – Gary Rikard, MDEQ Executive Director noted that the next Commission meeting is scheduled for December 26, 2019.  Although the Commission approved that date, it is likely that the Commission will not meet on that date.

 

 

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.

 

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

 

Summary of Meeting Held November 12, 2019

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on November 12, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Chris McDonald chaired the meeting.

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

Following a prepared agenda, items considered were 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
Eutaw Construction Company, Inc.	Hinds	P17-017	Additional 10%
Green Brothers Gravel Company, Inc.	Marion	P02-052A	No release
Green Brothers Gravel Company, Inc.	Marion	P08-010AAA	Additional 20%
Green Brothers Gravel Company, Inc.	Copiah	P96-072	Additional 20%
Green Brothers Gravel Company, Inc.	Copiah	P00-026A	Additional 20%
Green Brothers Gravel Company, Inc.	Copiah	P93-053A	Additional 10%
Green Brothers Gravel Company, Inc.	Copiah	P97-053TA	Additional 10%
Green Brothers Gravel Company, Inc.	Copiah	P08-015AAA	Additional 25%
Green Brothers Gravel Company, Inc.	Copiah	P09-017	Additional 10%
Green Brothers Gravel Company, Inc.	Copiah	P16-006	Additional 80%
Green Brothers Gravel Company, Inc.	Copiah	P16-026	Additional 20%

Surface Mining Permit to Rescind

In accordance with MDEQ staff recommendations, the Board approved the following transfer:

Permittee	County	Permit
R&F Materials	Rankin	P92-104
R&F Materials	Rankin	P92-126

OFFICE OF POLLUTION CONTROL  – No Items to be Presented

Other Business

Roy Furrh, MDEQ Legal Counsel reported that the NCL Waste, LLC (“NCL”) application is scheduled to be heard during the December Permit Board meeting. After discussion among Board members, it was decided that MDEQ Staff will present the application at 10:30 (after the regularly-scheduled meeting).  NCL can make its presentation after the Staff presentation if it chooses to do so.  Since it is anticipated that several visitors in opposition will be in attendance, the Board will then recess for lunch and public comments will be heard when it at 1:00.

The next Permit Board meeting will be held on December 10, 2019, 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 October 8, 2019

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on October 8, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Chris McDonald chaired the meeting.

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

Following a prepared agenda, items considered were 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
Pierce Construction	Hinds	P16-023	Initial 50%

Surface Mining Permit to Transfer

In accordance with MDEQ staff recommendations, the Board approved the following transfer:

Permittee	County	Permit
C&S Construction Company to James A. Hodges Construction, Inc.	Lee	P07-024

OFFICE OF POLLUTION CONTROL

ENVIRONMENTAL PERMITS DIVISION – 401/STORMWATER BRANCH

Drying Facility Assets Holding, LLC – Issuance of Water Quality Permit (WQC2018031) and Modification of Stormwater Coverage (MSR106120), Pearl River County

MDEQ Staff recommended and the Board approved the above-referenced applications with conditions.  Staff stated that, as a result of notification of contiguous land owners and public notice, one written comment was received expressing concerns regarding flooding, zoning and noise. No one in opposition appeared at the meeting.   Because the application is complete, MDEQ staff recommended issuance of the Permit.

Petitioner Stephen M. Maloney’s Request for Revocation of Renaissance at Colony Park, LLC’s Clean Water Act Section 401 Water Quality Certification

Other Business

Roy Furrh, MDEQ Legal Counsel reported that requests for Evidentiary Hearing have been received by Senator Dawkins and by a professor at the University of Mississippi School of Law regarding Mississippi State Port Authority, North Port Property in Harrison County. He asked the Board members to check their calendars and let him know if they would be available for a special meeting on Thursday, February 20, 2020.

Mr. Furrh reminded the Board that Stephen Maloney, who previously requested that the issuance of a water quality certification and storm water coverage to Renaissance at Colony Park – Phase III (Costco) be revoked filed suit with the Madison County Chancery Clerk and informed the Board that the Board’s decision to affirm its issuance of the Dry Litter Poultry Animal Feeding Operation Multimedia General Permit (No. MSG 201968) and the Large Construction Storm Water General Permit (No MSR107600) to Jimmy Le d/b/a Le Poultry, Pike County, Mississippi has been appealed to the Pike County Chancery Court. Mr. Furrh is working with the attorneys to get briefing schedules for both.

The next Permit Board meeting will be held on November 12, 2019, 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 September 10, 2019

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on September 10, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Jennifer Whittmann chaired the meeting.

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

Following a prepared agenda, items considered were 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
Buchanan Timber Holdings, LLC	Pontotoc	P07-009	Final 10%
Joe McGee Construction Co., Inc.	Desoto	P12-018	Final 10%

Surface Mining Permit to Rescind

In accordance with MDEQ staff recommendations, the Board approved the following rescission:

Permittee	County	Permit
Bayou Pipeline, Inc.	Bolivar	P11-001
Bayou Pipeline, Inc.	Bolivar	P10-018A
Bayou Pipeline, Inc.	Bolivar	P05-018

OFFICE OF LAND AND WATER RESOURCES

Staff presented a Power Point Presentation providing an update on Delta Water Resources issues and the Board approved the Delegation Memorandum of Agreement between the Mississippi Environmental Quality Permit Board and the Yazoo Mississippi Delta Joint Water Management District.

OFFICE OF POLLUTION CONTROL

WASTE DIVISION SOLID WASTE PERMITTING BRANCH and ENVIRONMENTAL PERMITS DIVISION AIR II AND WATER II BRANCHES (Items presented jointly between EPD and Waste Divisions)

Waste Management of Tunica Landfill, Inc. (Tunica Landfill) – Reissuance of Solid Waste Mgmt. Permit Tunica County (SW0720010459); Reissuance of Title V Air Permit (2660-00033); Reissuance of NPDES Storm Water Permit (MSS053317); and Reissuance of Waste Water Pretreatment Permit (MSP091373)

MDEQ Staff recommended and the Board approved the above-referenced applications.  Staff stated that, as a result of notification of contiguous land owners and public notice, one written comment was received by the Tunica County Board of Supervisors regarding the elevation. This matter was already addressed in the Application but was further memorialized. No one in opposition appeared at the meeting.   Because the application is complete, MDEQ staff recommended issuance of the Permit.

Denali Water Solutions, LLC (Humphreys County Industrial Land Application Site) – Issuance of Solid Waste Mgmt. Permit  (SW0270030577)

MDEQ Staff recommended and the Board approved the above-referenced application. Denali Water Solutions, LLC requested the permit for land application of solid waste including industrial food processing materials and food processing sludge from MDEQ permitted facilities to be applied on approximately 2000 acres on which row crops are to be grown. Sludge can also be temporarily stored in currently-existing and approved, storage lagoons. As a result of notification of contiguous land owners and public notice, one written comment was received by e-mail and this person also attended the public hearing. Concerns were expressed regarding the odors from the previous operators of the facility where the currently-existing storage lagoons are located. No one in opposition appeared at the meeting.   Because the application is complete, MDEQ staff recommended issuance of the Permit.

Riemann Funeral Homes Inc, South MS Crematory – Buffer Zone Variance Request by Harrison County (1020-00190)

Staff presented but did not provide a recommendation to the Board concerning an application for buffer zone variance from 150-foot setback to 98 feet. Staff stated that contiguous land owners were contacted. A representative from the funeral home visited with the abutting property owner regarding the variance, and the property owner stated in an e-mail that he had no objection to the variance. The Board approved the variance.

Other Business

Staff presented the proposed Findings of Fact and Conclusions of Law for consideration regarding the Permit Board’s adoption of the Report and Recommendation of Hearing Officer recommending summary affirmation of the issuance of Coverage under the State of Mississippi Dry Litter Poultry Animal Feeding Operation Multimedia General Permit (No. MSG 201968) and the Large Construction Storm Water General Permit (No MSR107600) to Jimmy Le d/b/a Le Poultry, Pike County, Mississippi. The Permit Board members present unanimously approved the proposed FOFCOL.

The next Permit Board meeting will be held on October 8, 2019, 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.