IT Support

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on July 10, 2018, at the offices of the Mississippi Department of Environmental Quality, in Jackson. James Hoffmann 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

401/Stormwater Branch

Mississippi Export Railroad Company, Helena Industrial Park: Issuance of Coverage under Large Construction Storm Water Permit (MSR107720) and Mississippi Export Railroad Company, Sidings near Carters Road: Issuance of 401 Water Quality Certification (WQC20180012), Jackson County.

Staff recommended and Board approved the issuances of Coverage under Large Construction Storm Water Permit and 401 Water Quality Certification to provide additional space along the Applicant’s existing railroad right-of-way. Public notice was issued by MDEQ, Mississippi Department of Marine Resources and the Army Corps of Engineers and adjacent property owners were notified.  MDEQ received letters of objection from adjacent property owners and responded to concerns expressed.  The Applicant is required to purchase mitigation credits.  No one opposing the Application appeared at the meeting.

Waste Division – Solid Waste Permitting Branch

EPD – Water II Branch, Air II Branch, and 401/Stormwater Branch

Quad County Environmental Solutions, LLC, Quad County Landfill: Issuance of Solid Waste Management Permit (SW0470010580); Issuance of NPDES Storm Water Permit (MSS062383) Issuance of Air Permit to Construct (1780-00053; and Issuance of 401 Water quality Certification (WQC2017077), Marshall County.

Quad County Environmental Solutions, LLC submitted applications in connection with its proposal to upgrade and expand the current landfill to include commercial, industrial and institutional waste, but not to include household garbage. A public notice was issued and there was public hearing on the matter.  No public comments were received prior to the hearing; however, representatives of Three Rivers Solid Waste Authority and Northeast Mississippi Solid Waste Authority expressed concerns during the public hearing.  Representatives from Northeast Mississippi Solid Waste Authority appeared at the Permit Board meeting.  Concerns included the overlapping of proposed service area; demonstration of need; and proper notification for the initial application in approved 2016. After further discussions and presentations from the Applicant and representatives from Northeast Mississippi Solid Waste Authority, Staff recommended and Board approved the issuances of the Applications referenced above.

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&P Gravel, LLC	Pearl River	P16-020	Initial 90%
Hammett Gravel Company, Inc.	Yazoo	P95-048	No release
Good Earth Development, Inc., Mark S. Jordan Company	Madison	P06-030	Initial 90%
Martin Meadowlands, LLC	Madison	P10-041AA	Final 10%

 

OTHER BUSINESS:

1. Roy Furrh, MDEQ Legal Counsel, welcomed Mr. Les Herrington, Mississippi Department of Health as the newest member of the MDEQ Permit Board.
2. Mr. Furr reported that Staff will present an overview of the Solid Waste application process during the August meeting.
3. Additionally, Mr. Furr reported that there are pending requests for Evidentiary Hearings for Le Poultry and for C.F. Gollott and Son; however hearing dates have not been set at this time.

The next Permit Board meeting will be held on August 14, 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.

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on May 25, 2017, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on February 23, 2017.  Following a prepared agenda, items considered were as follows:

Commission Approval of Brownfield Agreement

The staff recommended and the Commission approved the Brownfield Agreement between the Commission and WALM Properties, LLP regarding the remediation of brownfield property located at 1140 Industrial Access Road in West Point, Mississippi. The administrative record for this environmental response project is referred to as the Big Yank Building site. The impacted area is centered around a former chemical storage shed located in the southwest portion of the property. Assessments revealed the extent of contamination in the groundwater and soil at levels in excess of the Target Remediation Goals. Therefore, remediation of the Brownfield Agreement Site is necessary. The proposed use of the Site after completion of all remediation will be an administrative office and staging area for a transportation business based out of West Point, MS. 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.

Commission Approval of Brownfield Obligation Transfer

On June 1, 2012, the Commission reached a Brownfield Agreement (#6130-12) with NCI Building Systems, Inc. for the remediation of the CECO Building Systems facility in Columbus, Mississippi. In accordance with Rule 2.1.5.C of Part 3, Chapter 2: Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi, NCI Building Systems, Inc. and Grandview Investments, LLC jointly have provided a petition to the MCEQ that Grandview Investments, LLC has the financial, managerial, and technical resources to complete performance of the Brownfield Agreement obligations and agrees to complete this performance. The staff of the MDEQ reviewed the petition recommended that the Commission issue an order in accordance with the Brownfield Regulations approving the transfer of those obligations in Brownfield Agreement #6130-12 from NCI Building Systems, Inc. to Grandview Investments, LLC. CECO Building Systems continues to operate in the space, and will continue to operate in the space, leasing the land and building from Grandview Investments, LLC. Based on Staff recommendation, the Commission approved the Brownfield Obligation Transfer.

Commission Rescind Brownfield Agreement and Accompanying Environmental Covenant- Wal-Mart Real Estate Business Trust-Pascagoula, Jackson County

In the November 10, 2016 Commission Meeting, the staff presented the request from Wal-Mart Real Estate Business Trust to rescind Brownfield Agreement Order Number 6661 16. The Commission voted to table consideration of this matter until the next Commission meeting. Wal-Mart Real Estate Business Trust and the property owner, Estabrook Toyota, have been in negotiations since that time to finalize corrective action alternatives for the property prior to rescinding the Brownfield Agreement. The staff of the MDEQ evaluated the request to rescind the Brownfield Agreement Order and recommended that, in accordance with applicable State laws and standards, Wal-Mart Real Estate Business Trust is not responsible for remediation of the petroleum related contaminants in the groundwater and soil. Staff recommended the Commission rescind Brownfield Agreement Order Number 6661 16 between MDEQ and Wal-Mart Real Estate Business Trust and the accompanying Environmental Covenant.  Based on Staff recommendation, the Commission rescinded the Brownfield Agreement Order.

Serenity Lane, Pearl River County – Evidentiary Hearing held on October 17 and 18, 2016 – Hearing Officer’s Proposed Findings and Recommendations for Commission’s Consideration

The Commission’s designated Hearing Officer, Frank Spencer, presented his proposed Findings and Recommendations related to the Serenity Lane Evidentiary Hearing, which was held on October 17 and 18, 2016. The Commission was provided electronic access to the record of this matter, which is an exhaustion of administrative remedies case. The records include the transcript of the evidentiary hearing; exhibits submitted by the Petitioners (Residents of Serenity Lane Subdivision), MDEQ staff, and the Intervenors (Fort James Corporation); and previous Findings and Recommendations and Orders entered by the Hearing Officers. Additionally, the Commission members were provided with Hearing Officer Spencer’s proposed Findings and Recommendations following the evidentiary hearing. These documents were provided to allow the Commission time to review them in advance of the Commission meeting.

Establishment of the Lignite Mining Fee for Liberty Fuels Company, LLC for the Liberty Mine in Kemper County for State Fiscal Year 2018; 

Establishment of the Lignite Fee for the Mississippi Lignite Mining Company for the Red Hills Mine in Choctaw County for State Fiscal Year 2018

The Staff recommend and the Commission approved that the Liberty Fuels Company, LLC Lignite Mining Fee for the 2018 state fiscal year be set at $125,000, which is the same as for state fiscal year 2017. Staff recommended and the Commission approved that the Mississippi Lignite Mining Company Lignite Mining Fee for the 2018 state fiscal year be set at $125,000, which is the same as for state fiscal year 2017. This amount 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 grant. These fees will cover 100% of the anticipated cost of administering the program above the amount of the federal OSMRE grant. Staff will recommend that the Commission delegate the authority to sign the Orders to the Executive Director.

 Update Commission on the Volkswagen Settlement 

Lisa Ouzts, Senior Attorney with MDEQ, updated the Commission on the Volkswagen Settlement.   Pursuant to a settlement agreement with the U.S. government, Volkswagen will fund an Environmental Mitigation Trust (the “Mitigation Trust”) to fund projects that will reduce nitrogen oxide emissions by upgrading aging diesel-powered vehicles.  Wilmington Trust has been appointed Trustee for the Mitigation Trust and will work with the various parties to finalize the trust agreement which will require approval by the court.  Once the Mitigation Trust’s effective date has been established, the ball will start rolling on deadlines; however this date has not been accepted yet.  It is expected that Governor Bryant will appoint MDEQ as the lead agency for Mississippi, and MDEQ is currently working on a website to accept suggestions and funding requests; however, the website is not “live” at this time.

 CERTIFICATIONS APPROVED

Asbestos:                      332 certifications

Lead Paint:                   163 certifications

Underground Storage Tanks:              32 certifications

Wastewater Operator:                      162 certifications

 

EMERGENCY CLEAN-UP EXPENSES

There were 16 emergency expenditures since the last report.

ADMINISTRATIVE ORDERS APPROVED

Thirty five (35) 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 – None

 The next Commission meeting will be held on June 22, 2017, at 9 a.m.

 

The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on April 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 March 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 

 The Staff recommended and Board approved issuance of Air Construction Permit (1280-00058) and Modification to Air Prevention of Significant Deterioration (PSD) Permit for Chevron Products Company, Pascagoula Refinery in Jackson County.

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
Memphis Stone & Gravel Company	Panola	P01-041	Final 30%
Century Construction and Realty, Inc.	Lee	P10-039TA	Initial 80%
King Equipment & Dozer Service, Inc.	Jasper	P08-006	Final 20%
Rea’s Country Lane Construction, Inc.	Chickasaw	P06-013	Final 20%
Rea’s Country Lane Construction, Inc.	Holmes	P11-009	Initial 10%
Oddee Smith Construction, Inc.	Lincoln	P01-022	Final 90%
BASF Corporation	Monroe	P78-007	Final 48%
BASF Corporation	Monroe	P86-015	Initial 90%

 Surface Mining Application:

 The Board approved Birdsong Construction Company, Inc.’s Surface Mining Application with Storm Water Application for the addition of 48.75 acres to an existing permit for a 32.5 acre surface mine in Madison County, Permit No. P14-018A.  Per regulations, Notices were sent to landowners, and MDEQ received several letters of opposition.  Two visitors spoke on behalf of the landowners in opposition citing silting; road problems; traffic and safety issues; quality of life; dust and noise among other issues.  A representative of the Applicant appeared and disputed the claims of the opposition. Staff addressed questions and issues of the opposition, and then stated that the Application is complete, has met all requirements, and the Applicant is in compliance.  Based on this, MDEQ Staff recommended issuance of the Permit.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Board that the deadline to file their 2016 Statement of Economic Interest is approaching.

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