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Summary of Meeting Held August 13, 2019

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on August 13, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Chris McDonald chaired the meeting.

The Board approved minutes from the July meeting and the non-controversial actions/ certifications completed by the staff since the July 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
Krystal Gravel	Copiah	P78-023T1	No Release
Krystal Gravel	Copiah	P10-028	Initial 20%
Krystal Gravel	Copiah	P14-014	Additional 30%
Krystal Gravel	Copiah	P99-035A	Additional 10%
Krystal Gravel	Copiah	P93-004T1	Additional 40%
Krystal Gravel	Copiah	P87-012	Additional 10%
Krystal Gravel	Copiah	P17-012	Additional 10%
Krystal Gravel	Copiah	P16-015	No Release
Krystal Gravel	Copiah	P87-003	Initial 20%
Krystal Gravel	Copiah	P79-002T2	Final 10%
Pierce Construction and Contract Hauling Inc.	Monroe	P17-003	Initial 90%
Memphis Stone & Gravel Company	DeSoto	PO4-041	Final 10%

OFFICE OF POLLUTION CONTROL

ENVIRONMENTAL PERMITS DIVISION MUNICIPAL – WATER I AND 401/STORMWATER BRANCHES

Mississippi State Port Authority, North Port Property, Harrison County – Issuance of a 401 Water Quality Certification (WQC2018036) and Issuance of NPDES Construction Stormwater Coverage (MSR107890).

MDEQ Staff presented to the Board and recommended approval of the above-referenced application. The Mississippi State Port Authority (“Port Authority”) requested the permits in connection with a proposed facility to be constructed on a 10-acre site that is to be utilized for military storage and staging area. The proposed site adjoins the Kansas City Southern Railway and is on land formerly utilized by fertilizer plant which was subject to a corrective action plan (“CAP”). The proposed site is a portion of an approximately 140-acre tract.

Staff stated that, as a result of notification of contiguous land owners and public notice, multiple comments were received and a public hearing was held. Multiple members of the community spoke in opposition. After much discussion, the Board approved the application contingent upon the Port Authority purchasing the appropriate wetlands mitigation credits.

Auburn Apartments LLC. Guru Properties, Lee County – Buffer Zone Variance Request (NPDES Ref. No. MS0062499)

Staff presented but did not provide a recommendation to the Board concerning an application for buffer zone variance from 150-foot setback to the minimum setback of 10 feet in order to install a septic treatment facility. Staff stated that contiguous land owners were contacted and one person representing multiple family members came and spoke in opposition to the project. After much discussion, the Board approved the buffer zone variance request.

Gold Coast Commodities Inc. Wastewater Treatment Site, Rankin County – Issuance of State Operating No Discharge Permit (MSU218003)

Staff presented but did not provide a recommendation to the Board concerning an application for the issuance of a state operating no-discharge permit. Gold Coast Commodities Inc. (“Gold Coast”) manufactures and processes seed stock and used cooking oil, and the wastewater from the process is currently transported out of state for treatment and disposal. Issuance of the permit would allow Gold Coast to treat and discharge their wastewater locally. After much discussion, the Board approved the permit application contingent upon additional inspections.

Other Business

MDEQ Staff presents proposed findings of fact and conclusions of law for consideration regarding denial of Petitioner Stephen M. Maloney’s Request for Revocation of Renaissance at Colony Park, LLC’s Clean Water Act Section 401 Water Quality Certification (No. WQC 2015041).

The next Permit Board meeting will be held on September 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 August 22, 2019

The Mississippi Commission on Environmental Quality convened at 9:00 a.m., on August 22, 2019, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on June 27, 2019.  Following a prepared agenda, items considered were as follows:

Water Pollution Control (Clean Water) State Revolving Fund Loan Program Proposed Resolution of Necessity to Issue Bonds

MDEQ staff recommended and the Commission adopted the proposed Resolution of Necessity to Issue Bonds regarding the Water Pollution Control (Clean Water) State Revolving Fund Loan Program. During the 2019 legislative session, House Bill 1568 was passed and subsequently signed by the Governor. This bill provided for the issuance of $7,940,000 in bonds to provide state matching funds required to obtain $39,700,000 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 provided copies of the Resolution to the Commission for consideration.

Water Pollution Control Revolving Loan Fund (WPCRLF) Program Proposed Adoption of FY-2019 Intended Use Plan

MDEQ staff recommended and the Commission adopted the FY-2019 Intended Use Plan. This document identifies the loan funds available to our 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 were solicited through a public comment period and a public hearing and no comments were received.

Mississippi Commission on Environmental Quality v. High Cotton Oil Company, Inc. Proposed Final Order

Roy Furrh, MDEQ Chief Counsel, discussed the proposed final order regarding High Cotton Oil Company, Inc. Following a presentation by designated Hearing Officer Trey Smith at its meeting on June 27, 2019, the Commission adopted his Findings and Recommended Decision related to the High Cotton Oil Company, Inc. evidentiary hearing previously held on February 27, 2019. Staff recommended and the Commission adopted the final order.

Environmental Covenant for Richardson Molding Facility

This agenda item is 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 covenants between the Commission and ORG Mississippi Holdings, LLC regarding the remediation of property located at 931 Herman Alford Memorial Hwy, in Philadelphia, Neshoba County, Mississippi. ORG Mississippi Holdings, LLC operated the site as the Richardson Molding Facility, a plastic injection molding company. The staff of the MDEQ has evaluated the proposed environmental covenants and believes that, with other conditions and restrictions contained therein, the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

Ex Parte Administrative Order for Owner and Operator of SS Food Market

This agenda item is for reporting purposes only. Under the authority of Miss. Code Ann. § 49-12-13 (Rev. 2003), the Executive Director of MDEQ issued an ex parte administrative order against the Kawaljit Singh, Sukhdev Singh, and SS Food Market LLC. These respondents own and/or operate an aboveground storage tank (AST) convenience store located at 841 S. Natchez Street, Koscuisko, Attala County, MS. On April 10, 2019, MDEQ investigated a reported release which revealed dead vegetation extending from the ASTs, across a third party property and to a nearby creek emanating a strong petroleum odor. After requests to address the petroleum contamination were not complied with, the Executive Director of the MDEQ found it necessary to issue this ex parte administrative order so that respondents must develop a work plan, submit it for approval, and conduct sampling investigation at this location to adequately delineate the soil contamination.

Commission Approval of Brownfield Completion

MDEQ staff recommended and the Commission approved the brownfield agreement completion as follows: On August 23, 2018, the Commission reached a brownfield agreement (#6879-18) with the City of Vicksburg, Warren County, MS, for the remediation of the former Kuhn Memorial Hospital in Vicksburg, Warren County, MS. On August 2, 2019, and in accordance with Rule 2.1.7.B of Part 3, Chapter 2: Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi (“Brownfield Regulations”), the City of Vicksburg sent a petition to the Commission to make a determination as to the completion of the brownfield agreement and as to the issuance of a “no further action” letter by the Executive Director. The staff of the MDEQ has reviewed the petition, has conducted the required inspection of the brownfield agreement Site, and recommended that the Commission issue an order in accordance with the Brownfield Regulations, concluding that City of Vicksburg has completed brownfield agreement #6879-18.

Commission Approval of Brownfield Consulting Firms

MDEQ Staff has 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. Therefore, the staff recommended and the Commission approved the following firm as a Brownfield Consulting Firm:

Bhate Environmental Associates Inc.
1608 13th Ave. South, Ste. 300
Birmingham, AL 35205

The next Commission meeting is proposed to be on September 26, 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 June 11, 2019

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on June 11, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann chaired the meeting.

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

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Water I Branch

Turkey Creek Farms, Inc., Greene County

Issuance of Coverage under the Dry Litter Poultry AFO General Permit (MSG201994)

Tracy Tomkins (MDEQ Staff) presented to the Board and recommended approval of the above-referenced Application. The Applicant proposes 2 poultry houses and construction activity on 3 acres of disturbed land during construction. Staff stated that upon notification of the contiguous land owners by the Applicant, 1 letter in opposition was received. . The individual who submitted the letter of objection did not attend the Permit Board Meeting. Because the application is complete, MDEQ staff recommended issuance of the Permit.

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
Century Construction and Realty, Inc.	Lee County	P10-039TH	Final 20%
Hammett Gravel Company, Inc.	Holmes County	P10-020AAA	Initial 10%
Krystal Gravel, Inc.	Copiah County	P00-027	Additional 30%
Krystal Gravel, Inc.	Copiah County	P09-007	Additional 60%
Krystal Gravel, Inc.	Copiah County	P17-004A	Additional 30%
Krystal Gravel, Inc.	Copiah County	P17-018	Additional 80%
Krystal Gravel, Inc.	Copiah County	P17-019	Additional 65%
Krystal Gravel, Inc.	Copiah County	P87-040T2	No Release
Krystal Gravel, Inc.	Copiah County	P90-020	No Release
Krystal Gravel, Inc.	Copiah County	P91-029T	Additional 20%
Krystal Gravel, Inc.	Copiah County	P92-029T2	No Release
Krystal Gravel, Inc.	Copiah County	P92-107	Additional 20%
Krystal Gravel, Inc.	Copiah County	P95-079	No Release
Tri- State Jackson Lands, LLC	Hinds County	P06-008	Final 10%

 SURFACE MINING PERMIT TRANSFER

North MS Gravel Company, LLC to Rebel Rock, LLC	Monroe County	P16-028TA
Joe MC Gee Construction Co. to DDB Construction	Madison County	P11-029A

OTHER BUSINESS:

1. Permit Board Officer Elections 7/1/19 to 6/30/20

• Chris McDonald was elected as Chairman
• Jennifer Whittmann was elected as Vice-Chairman

Roy Furrh, MDEQ Legal Counsel, thanked James Hoffmann, current Chairman, for his 39 years of service.

1. Mr. Furrh reported that Mr. Steve Maloney appealed the Permit Board’s decision after the Renaissance at Colony Park, LLC evidentiary hearing regarding the denial of Petitioner’s Request for Revocation of Section 401 Water Quality Certification No. WQC 2015041.  The next step will be a chancery court proceeding on the evidentiary hearing record made by the parties before the Permit Board.

The next Permit Board meeting will be held on July 9, 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.

 

 

 

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

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

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

James Matheney (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
Memphis Stone & Gravel Company	DeSoto	P01-024	Final 90%
Neely Trucking & Excavating	Rankin	P96-074	Additional 10%
Thomas D. Murray	Harrison	P11-004	Initial 90%
W.E. Blain & Sons, Inc.	Scott	P91-046T	Final 50%
W.E. Blain & Sons, Inc.	Scott	P96-013	Final 50%

SURFACE MINING PERMIT TRANSFER

Sam Pilkinton to Phillips Contracting Co.	Lowndes	P09-025
Dubois Dozer and Dirt Inc. to Freedoms Image, LLC	Rankin	P18-004

SURFACE MINING PERMIT TO RESCIND

Pecana Grande

Yazoo

P99-022T

 OTHER BUSINESS:

Evidentiary Hearing – Renaissance at Colony Park, LLC

Madison County, Mississippi – Evidentiary Hearing Regarding MDEQ’s denial of Petitioner’s Request for Revocation of Section 401 Water Quality Certification No. WQC 2015041

The next Permit Board meeting will be held on June 11, 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.