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Mississippi Environmental Quality Permit Board

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Summary of Meeting Held March 12, 2019

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

The Board approved minutes from the February 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
AMG Construction, Inc. Tallahatchie P16-019 Initial 90%
Boydstun Lumber Company Winston P87-021 Final 10%
Hammett Gravel Yazoo P93-076 Final 90%
Hammett Gravel Yazoo P02-048 Final 90%
Memphis Stone & Gravel Company Panola P09-011 Initial 90%
Neely Trucking & Excavating Rankin P94-128 Final 90%
Ralph Weldy Forrest P94- 014A Final 10%

 SURFACE MINING PERMIT TRANSFER

Charles Henley to Necaise Brothers Constr, Inc Hancock P03-028A
Krystal Gravel, Inc to WAG Sand & Gravel, LLC Copiah P95-069T2
S & S Sand and Gravel, LLC to SamSand WMS, LLC Wilkinson P03-017AT

 SURFACE MINING PERMIT TO RESCIND

Firetower Landfill, LLC Biloxi P93-064T1
Mangum Farms Tunica P99-053
Wallace T. L. Construction Greene P15-018

 SURFACE PERMIT APPLICATION

WC Fore, LLC Harrison A1999

OTHER BUSINESS:

Mr. Furrh, MDEQ Legal Counsel, reported that a resolution has been worked out between Dr. Richard Vise and D and E Construction Company Inc. regarding the Reissuance and Modification of Coverage under the Mining Storm Water General Permit No. MSR320485, and Surface Mining Permit Modification with Acreage Permit No. P95-071 (Lauderdale County) which was approved by the Board during the December meeting. The request for an Evidentiary Hearing has been withdrawn.

The next Permit Board meeting will be held on April 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.

MATT ALLEN RECOGNIZED AS ONE OF MISSISSIPPI’S LEADING ATTORNEYS BY THE MISSISSIPPI BUSINESS JOURNAL

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Matt Allen was recently recognized as one of Mississippi’s leading attorneys by the Mississippi Business Journal at the Leadership in Law Awards Ceremony. The men and women who have been chosen for this honor are recognized by their outstanding contributions that have increased the well-being of the community. The ceremony took place at the Old Capitol Inn in Jackson, Mississippi.

Matt is a litigator with Brunini and works on trials and appeals. He has received numerous recognitions for excellence in the practice of law in multiple practice areas from organizations such as Best Lawyers in America, Super Lawyers, Martindale-Hubbell, Benchmark Litigation, The Mississippi Business Journal, the American Society of Legal Advocates, and Portico Magazine. He has successfully litigated civil and criminal cases in state and federal courts in Mississippi and other states around the nation. He has represented clients through trials and appeals in matters related to commercial litigation, product liability litigation, mass torts, alleged white collar crime, the redistricting of the Mississippi legislature and the Voting Rights Act, public records issues, First Amendment litigation, and commercial tax assessment contests.

In November of 2018, Matt advanced to a runoff as a candidate for Hinds County Circuit Court Judge, garnering 46.30% of the vote as a first-time political candidate against a long-time state legislator. He is passionate about criminal justice reform and is studying towards a PhD in Criminal Justice. He is also a Contributing Fellow at the Mississippi Center for Public Policy. He clerked for the Honorable William H. Barbour Jr. of the United States District Court for the Southern District of Mississippi from 2004 to 2005.

Related Attorneys

BRUNINI’S LEONARD A. BLACKWELL, II INDUCTED INTO THE 2019 LAW ALUMNI HALL OF FAME

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Leonard A. Blackwell, II a partner at Brunini, Grantham, Grower & Hewes, PLLC, will be inducted into The Law Alumni Chapter of the Alumni Association of the University of Mississippi 2019 Law Alumni Hall of Fame at an Alumni Banquet held on March 30, 2019.

Leonard A. Blackwell, II, a graduate of the University of Mississippi School of Law, was nominated along with four others for the 2019 Law Alumni Hall of Fame. The Hall of Fame recognizes outstanding alumni of the law school who have, through their professional achievements and/or service to the school, brought honor to the law school.

Brunini’s Blackwell has been recognized by Best Lawyers in America® for Gaming Law, Land Use and Zoning Law and by Mid-South Super Lawyers® for Environmental Law. He was recognized as South Mississippi’s Top 10 Outstanding Community Leaders in 2012. Blackwell’s practice areas include construction, environmental law, gaming, governmental relations and real estate.

BRUNINI RECOGNIZED ON THE SHORTLIST IN THE 2019 EDITION OF BENCHMARK LITIGATION

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Brunini, Grantham, Grower & Hewes, PLLC has made the shortlist of Litigation Law Firm of the Year for Mississippi in the 2019 edition of Benchmark Litigation. Brunini is one of only four firms in Mississippi to achieve this honor, with the following attorneys ranked as “Mississippi Local Litigation Stars” in their respective practice areas:

• William Trey Jones III : Appellate, Commercial Litigation, Litigation – Environmental, Personal Injury and Product Liability
• R. David Kaufman: Commercial Litigation, Litigation – Environmental, Personal Injury and Product Liability
• Patrick McDowell: Appellate, Commercial Litigation, Litigation – Environmental, and Intellectual Property

Benchmark Litigation is a guide to America’s leading litigation firms and attorneys. Their results stem from the culmination of a research period that was conducted between March and November 2018, where researchers conducted interviews with litigators and their clients to identify the leading litigators and firms.

All winners will be announced at a ceremony held on Thursday, Feb. 28, 2019 at the Essex House in New York. For more information on Benchmark Litigation’s shortlist, please click here.

Mississippi Environmental Quality Permit Board

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Summary of Meeting Held January 8, 2019

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on December 11, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann 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
A&A Excavating Contractor, Inc. Madison P92-087 Final 10%
Bald Hill, LLC Madison PO4-033A Initial 50%
Central Asphalt Company, Inc. Adams P17-005 Initial 40%
Ronnie Jones Construction, Inc. Lowndes P08-007 Initial 10%
T.L. Wallace Construction, Inc. Greene P15-018 Additional 10%
TCB Construction Company, Inc. Harrison P03-046 Final 20%
Tanner Construction Co., Inc. Lawrence P07-005A No release
Tanner Construction Co., Inc. Perry P08-019A Additional 15%
Tanner Construction Co., Inc. DeSoto P13-021T Additional 80%
Tanner Construction Co., Inc. DeSoto P17-009 Initial 70%

 OTHER BUSINESS:

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

Mr. Furrh reported that an Evidentiary Hearing has been requested regarding the D and E Construction Company Inc. Reissuance and Modification of Coverage under the Mining Storm Water General Permit No. MSR320485, and Surface Mining Permit Modification with Acreage Permit No. P95-071 approved by the Board during the December meeting. The Evidentiary Hearing will probably be after the March or May Permit Board hearings.

Mr. Furrh reminded the Board that the Le Poultry Evidentiary Hearing is scheduled to be heard after the Board’s April 9, 2019 meeting.

Lastly, Mr. Furrh reported to the Board that the Concerned Citizens 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 have filed suit with the Madison County Chancery Clerk.

The next Permit Board meeting will be held on February 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.

Mississippi Environmental Quality Permit Board

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on October 9, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann 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
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-024 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-025 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P13-026 Final 10%
W. S. Newell and Sons, Inc.                                                                      Marshall Marshall P14-007 Final 10%
Joe McGee Construction Co., Inc.                                                                      Rankin Rankin P15-006 Initial 30%
Joe McGee Construction Co., Inc.                                                                      Newton Newton P10-022 Initial 20%
Memphis Stone and Gravel                                                                      Desoto DeSoto PO4-041 Additional 15%
Tanner Construction Company                                                                      Tate Tate P10-026 Final 90%
Hammett Gravel Co., Inc.                                                                      Yazoo Yazoo P08-027AA Initial 10%

 Surface Mining Permits to Transfer 

Permittee County Permit
DeSoto Services, LLC Harrison PO4-006AAT
DeSoto Services, LLC Harrison P93-051T
DeSoto Services, LLC Harrison P89-022T

OFFICE OF POLLUTION CONTROL

D and E Construction Company Inc.: Reissuance and Modification of Coverage under the Mining Storm Water General Permit No. MSR320485, Lauderdale County. This agenda item was presented jointly with the accompanying Office of Geology Permit Board Item Surface Mining Permit Modification with Acreage Permit No. P95-071. The Board voted to postpone this agenda item until a later date to be determined.

OFFICE OF LAND AND WATER PRESENTATION

An overview of the Dam Safety Permitting Process was presented by Dusty Myers of the Office of Land and Water Resources, Dam Safety Division.

The next Permit Board meeting will be held on December 11, 2018, 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.

Mississippi Environmental Quality Permit Board

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on September 11, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann 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
Joe McGee Construction Company, Inc. Clarke P12-008 Final 10%
Century Construction and Realty Union P15-008 No Release

 

Surface Mining Permits to Rescind 

Permittee County Permit
Key, LLC Holmes P16-009A
West Madison Mining, LLC Yazoo P11-014
Madison County BOS Yazoo P08-033

 

OFFICE OF POLLUTION CONTROL

No items; however, Mark Williams, Chief, MDEQ Waste Division made a presentation to the Board describing the Solid Waste Planning and Permitting Procedures.

OTHER BUSINESS:

Roy Furrh, MDEQ Legal Counsel reported that the Evidentiary Hearing for C.F. Gollott and Son is scheduled for the December meeting.

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

 

Six attorneys named “Lawyer of the Year” honored by Best Lawyers® 2019

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Six attorneys with Brunini, Grantham, Grower & Hewes, PLLC, were recently selected by their peers for inclusion in the 2019 edition of The Best Lawyers in America. Brunini lawyers were recognized in the following categories:

The following attorneys were chosen as the Lawyer of the Year:

  • J. Gordon Flowers: Best Lawyers® 2019, Tupelo, Miss., Product Liability Litigation-Defendants
  • Lynne K. Green: Best Lawyers® 2019, Jackson, Miss., Elder Law
  • R. David Kaufman: Best Lawyers® 2019, Jackson, Miss., Bet-the-Company Litigation
  • M. Patrick McDowell: Best Lawyers® 2019, Jackson, Miss., Litigation-Securities
  • John E. Milner: Best Lawyers® 2019, Jackson, Miss., Environmental Law and Litigation-Environmental
  • Walter S. Weems:  Best Lawyers® 2019, Jackson, Miss., Mergers and Acquisitions Law

Mississippi Commission on Environmental Quality

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The Mississippi Commission on Environmental Quality convened at 9:00 a.m., on July 26, 2018, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on July 26, 2018.  Following a prepared agenda, items considered were as follows:

Amendments to 11 Miss. Admin. Code Part 5, Chapter 2 – Underground Storage Tank Technical Regulations

MDEQ staff recommended and the Commission adopted amendments to the Commission’s UST regulations, 11 Mississippi Administrative Code, Part 5, Chapter 2. In order to comply with the federal requirements of 40 CFR Part 280 and to be able to re-apply for state program approval for the MS UST Program under 40 CFR 281, MDEQ staff recommended including new and revised requirements for: integrity testing for containment sumps; piping replacements; fuel type changes; release detection; and walkthrough monthly and annual inspections. The proposed amendments also include additional changes to enhance and protect human health, safety, and the environment. These proposed changes include requirements for airport hydrant systems and field constructed tanks, lender liability requirements to maintain USTs for future operation, and more specific reporting requirements. These proposed changes will align regulatory requirements of the Commission with requirements of the federal regulations whereby allowing MDEQ to seek re-authorization for state program approval of our Underground Storage Tank Program. Staff recommends that the Commission adopt the regulation amendments.

Amendments to 11 Miss. Admin. Code Part 5, Chapter 3 – Underground Storage TankRegulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks

MDEQ recommended and the Commission adopted amendments to the Commission’s UST regulations, 11 Mississippi Administrative Code, Part 5, Chapter 3. The regulations were proposed for amendment to address new UST certification types, clarify the requirements on when a UST certified contractor shall be employed to conduct UST related services, add experience requirements for UST certified contractor to ensure quality services are provided to the UST regulated community, and to be compliant with the Fair Labor statues of Mississippi. The proposed changes include two new certified contractor classifications, define the activities that require a licensed UST contractor, add on-the-job training experience from a minimum of six (6) months to two (2) years, dependent on certification classification, and remove the requirement that an applicant must be a full-time employee of their employer to be a licensed certified contractor for that employer. Staff recommends that the Commission adopt the regulation amendments.

Commission Approval of Brownfield Agreement

The staff recommends and Commission approved the Brownfield Agreement between the Commission and the City of Vicksburg regarding the remediation of brownfield property located at 1422 Martin Luther King Jr. Boulevard in Vicksburg, Mississippi. The administrative record for this environmental response project is referred to as the Kuhn Memorial Hospital site. Assessment of the site has determined the site is contaminated with asbestos containing material. Therefore, remediation of the Brownfield Agreement Site is necessary. The proposed use of the Site after completion of all remediation will be commercial or industrial in nature. The staff of the MCEQ 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. 

CERTIFICATIONS APPROVED

Asbestos:                                    115 certifications

Lead Paint:                                  63 certifications

Underground Storage Tanks:   9 certifications

EMERGENCY CLEAN-UP EXPENSES

There were 9 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Five (5) Administrative Orders were issued by the Executive Director and approved by the Commission since the last report.

Pending Litigation

The Commission entered into Executive Session to discuss Pending Litigation

OTHER BUSINESS

Mr. Roy Furrh, MDEQ Legal Counsel reported that the MDEQ Permit Board’s denied C.F. Gollott and Son Seafood, Inc.’s (“Gollott”) request for a preliminary hearing and also denied Gollott’s request to amend their Agreed Orders. An Evidentiary Hearing is set for December 11, 2018.

The next Commission meeting is proposed to be on September 27, 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.

Mississippi Environmental Quality Permit Board

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The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on August 14, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann 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

Liberty Fuels Company, LLC: Modification of State of MS Surface Coal Mining and Reclamation Permit No. MS-003, Renewal 1, Modification 1 – Kemper County. Staff recommended and Board approved the Modification.  Notice was given and a public hearing was held.  Comments were received by the Sierra Club; however, no one in opposition appeared at the meeting.

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
W.G. Yates & Sons Construction Company DeSoto P13-004T Final 10%
W.G. Yates & Sons Construction Company DeSoto P13-008T Final 10%
W.G. Yates & Sons Construction Company DeSoto P14-004 Final 10%
Parker Sand & Gravel Lowndes P04-002A Initial 90%
Tillery Properties, LLC Jones P04-002A Final 10%

 

Surface Mining Permits to Transfer 

Permittee County Permit
B&C Land Services, LLC Hancock P06-037
Mississippi Gravel Sales, LLC Monroe P15-003A
North Mississippi Gravel Company Monroe P16-028

OTHER BUSINESS:

  1. Roy Furrh, MDEQ Legal Counsel, addressed outstanding Evidentiary Hearing requests.
  2. Mr. Furrh also reported that Staff will present an overview of the Solid Waste application process during the next meeting.

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