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Mississippi Commission on Environmental Quality

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Summary of Meeting Held January 28, 2021

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

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 and Zoom call.  The public was invited to listen to the deliberations of the Commission on the conference phone and Zoom lines.  The Commission first approved minutes from the previous meetings held on October 22, 2020 and November 19, 2020. Then, following a prepared agenda, the Commission considered items as follows:

FY 2022 Underground Storage Tank Fee Recommendation

Staff recommended and the Commission approved the fee at the proposed rate of $150.00 per UST, which is the same rate from last year’s tank fee.  Pursuant to Miss. Code Ann. Sec. 49-17-421 revised July 1, 2018, the Commission is charged by law to establish the tank regulatory fee in an amount sufficient to cover the cost of the UST Program. The owners of each underground storage tank available for use in Mississippi is required to pay MDEQ the annual tank regulatory fee. The statutory revision also created Miss. Code Ann. Sec. 49-17-422 that established an Advisory Council to conduct an independent study of the cost of the UST Program and provide the Commission a written report and recommendations on the annual tank fee. This draft report was provided to the Commissions on December 18, 2020. A public comment period concerning the FY2022 Underground Storage Tank (UST) Fee was held between December 15, 2020 through January 14, 2021 with the public notice information distributed to the Mississippi Petroleum Marketers and Convenience Store Association. No comments were received.

FY 2022 Title V Fee Recommendation – Approval to Proceed to Public Notice of Hearing

Staff requesting and the Commission granted approval to hold a public hearing to receive comments regarding the proposed fee and to proceed with public notice of the hearing. A copy of the draft report containing the Title V Advisory Council’s Title V fee recommendation for the upcoming fee year has been forwarded to the Commission. After the public participation process is completed, staff will bring the fee recommendation back before the Commission for final action.

Request from the City of Canton for a Variance to State Siting Criteria for the Proposed Expansion Area at the City’s Municipal Solid Waste Landfill

Staff of the MDEQ Waste Division presented information regarding the City of Canton Landfill’s permit history and additional information regarding this landfill siting criteria. The City of Canton is proposing an expansion of the disposal area at the existing City Landfill that would be located within one mile of a residential area as defined by the Regulations. The City of Canton presented their proposed expansion plans and relative information regarding the proposed variance request.  Opposition to the proposed variance was expressed by persons present at the meeting.  The Commission decided to table the matter until the next Commission meeting.

Commission Briefing on MDEQ State Recycling Program Efforts

MDEQ’s State Recycling Coordinator, Jennifer Milner, addressed the Commission regarding the agency’s efforts to promote and grow recycling in Mississippi as directed by the state statute. Our state faces many challenges as we work to build strong, sustainable recycling programs. Ms. Milner will discuss how the Recycling and Waste Reduction Branch of MDEQ’s Waste Division continue to work to overcome these challenges through various programs, projects, and initiatives. These efforts include education and outreach activities such as teacher workshops and community events; MDEQ’s Statewide Measurement Program; the agency’s Solid Waste Assistance and Regional Recycling Cooperative Grant Programs; state agency and institutional recycling; and collaboration with our national, regional, state and local partners.

 

CERTIFICATIONS APPROVED

 

Asbestos:                     193 certifications

Lead Paint:                  107 certifications

Underground

Storage Tanks:            12 certifications

Wastewater Operator:             55

 

EMERGENCY CLEAN-UP EXPENSES

There were 5 emergency expenditures since the last report.

 

ADMINISTRATIVE ORDERS APPROVED

Twenty one (21) Administrative Orders and one (1) Amended Agreed Order were issued by the Executive Director and approved by the Commission since the last report.

The next Commission meeting is proposed to be on February 25, 2021, 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.

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Mississippi Environmental Quality Permit Board

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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.

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New Stimulus Package and the Families First Coronavirus Response Act

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On Sunday, December 27, 2020, President Donald Trump officially signed into law Congress’ most-recent major stimulus package, aimed at blunting the continuing economic effects of on-going COVID-19 pandemic.  Earlier this year, Congress passed a larger series of similar measures, including the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), as well as $104 billion Families First Coronavirus Response Act (“FFCRA”).  This most recent stimulus package totals $900 billion, and was signed in conjunction with a separate $1.4 trillion government funding bill.

The December 2020 stimulus package provides continued funding for a wide range of governmental assistance programs initiated earlier this year—including the Paycheck Protection Program and expanded unemployment assistance.  One question most HR and employment professionals had concerning the December 2020 stimulus package was what, if any, impact it would have on the fate of the FFCRA.

 

The Families First Coronavirus Response Act (FFCRA)

Signed into law on March 18, 2020, the FFCRA contained two principal mandates: (1) the establishment of new, paid sick leave rights for workers impacted by COVID-19 and those serving as caregivers for others with COVID-19; and (2) the establishment of new, enhanced leave entitlements under the Family Medical Leave Act (FMLA), including limited paid leave rights.  Over the past nine months, human resources professionals have worked hard to interpret and implement these new leave provisions.

 

The December 2020 Stimulus Package’s Impact on the FFCRA

One key feature of the FFCRA was the fact that it was set to automatically expire on Thursday, December 31, 2020.  Many experts felt that Congress would use the December 2020 stimulus package as an opportunity to extend the obligations/benefits of the FFCRA.  However, the final text of the December 2020 stimulus package does not extend the paid sick leave and paid family and medical leave requirements of the FFCRA. Therefore, an employer’s obligation to provide paid leave under the FFCRA will cease at the end of the year.  (Note: It is possible that the employee could be entitled to normal unpaid leave under the FMLA even after the FFCRA expires, if they still have weeks available under the FMLA.)

Congress did take the opportunity to extend the tax credit contained for both the Emergency Paid Sick Leave and the Emergency Family and Medical Leave contained within the FFCRA.  So, while employers are not required to provide paid leave under the FFCRA after December 31st, if they voluntarily elect to do so (and assuming covered employees have eligible leave remaining), these employers can continue to claim the payroll tax credit for those payments through March 31, 2021.

Despite Congress’ decision not to extend the FFCRA with the December 2020 stimulus package, we strongly encourage employers to continue to monitor this issue into early 2021, as President-elect Biden has already discussed plans to pass an even larger stimulus package once both he and the “new” Congress take office.  It is possible that this legislation could expand/enhance the FFCRA.

Can U.S. Employers Require Employees to Receive COVID-19 Vaccine?

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As most everyone has seen or heard, the first wave of vaccines targeting the COVID-19 outbreak are beginning to emerge and progress at a breakneck pace.  On December 11, 2020, after months of research and development, the U.S. Food and Drug Administration (FDA) granted an “emergency use authorization” (EUA) for Pfizer’s COVID-19 vaccine. One week later, on December 18, 2020, the FDA granted a similar EUA for Moderna’s COVID-19 vaccine.  Given the astronomical rise in the infection rate, employer interest in the vaccines is extremely high. Thus, employers are asking whether they can, or should, require employees to take the vaccine.

The Current State of Approval of the Vaccines

Biological products such as vaccines are typically approved and regulated by a division within the FDA. For a vaccine to be approved, the FDA must determine that it is both safe and effective, based on data from laboratory studies and clinical trials. The FDA assesses both the quality and the quantity of the data provided when determining whether a vaccine meets this standard.

While this generally is a lengthy process, the FDA has the authority to accelerate the development and review process for vaccines used to treat/prevent serious conditions or life-threatening diseases, such as COVID-19. Even under an expedited approval process, however, priority review may take up to six months or more from the time of application.  In fact, the FDA previously announced the issuance of EUAs for COVID-19 vaccines will also requires at least two months of follow-up safety data after trial participants have been fully vaccinated.

The FDA’s issuance of EUAs to Pfizer’s and Moderna’s vaccines signifies that the US Department of Health and Human Services (HHS) has concluded: (1) COVID-19 is a serious or life-threatening disease; (2) it is reasonable to believe that the vaccine may be effective in treating or preventing the disease; (3) the known and potential benefits of the vaccine outweigh the known and potential risks; and (4) there is no adequate, approved, and available alternative.

Can Employers Mandate Employee Inoculation

With the impact of COVID-19 on business and the economy only continuing to intensify, many employers want to know if they can require their employees to receive one of these COVID-19 vaccines.  As a threshold matter, it is important to remember that FDA approval via a EUA is different from full FDA approval.  It remains somewhat unclear whether employers may require employees to be inoculated with a vaccine approved only pursuant to a EUA.

Practically speaking, some feel that the language within the EUAs could preclude employers from enforcing a requirement to take a vaccine issued under a EUA, though this issue has never been legally tested.  When a vaccine is issued under a EUA, the FDA (and the vaccination provider) has an obligation to inform vaccine recipients about its potential benefits and risks, the extent to which such benefits and risks are unknown, whether any alternative products are available, and “that they have the option to accept or refuse the vaccine.”  This language comes from the federal statute governing the EUA.

While this statement would seem to preclude mandatory vaccination—at least during a EUA stage—it is probable that this directive is towards government entities—in other words, prohibiting the government from forcing the public at large to receive the vaccine. It does not appear targeted towards private employers and their ability to condition an individual’s continued employment on taking the vaccine.  (This analysis may be different in unionized settings governed by a collective bargaining agreement.)

Assuming that the language within the EUA is not an issue, other laws touch on the ability of an employer to mandate inoculation of its workforce.

OSHA

At present, there is no OSHA standard that would mandate employers to offer a COVID-19 vaccine when one becomes available. Similarly, OSHA has not yet provided guidance on COVID-19 vaccines. There is some speculation in the legal community that OSHA may use the OSH Act’s so-called General Duty Clause to issue citations to employers that fail to offer COVID-19 vaccines. OSHA issues citations under its General Duty Clause when no specific OSHA standard applies.

In a 2009 letter of interpretation, OSHA previously said that employers that wished to require employees to receive a seasonal flu vaccine could do so, subject to certain exceptions.  OSHA emphasized that employees need to be properly informed of the benefits of the vaccinations. It clarified that if employees refuse the vaccine due to a reasonable belief that they have a medical condition creating a real danger of serious illness or death (for example, a serious reaction to the vaccine), they may be protected as a whistleblower under Section 11(c) of the Occupational Safety and Health Act.

Ultimately, OSHA’s statutory authority to issue a General Duty Clause citation will depend on a variety of factors, including (1) guidance from the CDC and OSHA on use of the vaccine in the workplace, and (2) the strength of the employer’s COVID-19 safety and health program and whether it follows other guidance from public health officials.

EEOC

On December 16, 2020, the EEOC updated its ongoing COVID-19 guidance with questions-and-answers specifically addressing mandatory COVID-19 vaccination policy issues.  In sum, the guidance stated that employers can implement and enforce mandatory COVID-19 vaccination policies for employees, with certain exceptions and caveats.

More specifically, the EEOC stated that employers can require that employees receive the COVID-19 vaccine as a condition of returning to, or remaining in, the workplace. However, employers must attempt to accommodate employees who, due to medical disabilities or sincerely-held religious beliefs, decline or refuse to receive the vaccine.  If an employer determines, based on objective evidence, that the presence of an unvaccinated employee (i.e., one who declines or refuses to be vaccinated against COVID-19 for disability or religious reasons) presents a “direct threat to the health and safety of persons in the workplace that cannot be reduced or eliminated through a reasonable accommodation,” the employer can exclude the employee from the workplace. When the employer excludes an unvaccinated employee from the workplace due to the perceived direct threat presented by his or her presence in the workplace, the employer may not automatically terminate the employee, but instead must assess whether other accommodations, such as remote work, can be provided.

According to the EEOC, administration of a COVID-19 vaccine by an employer, or by a third-party with which the employer has contracted to provide vaccinations to employees, is not a “medical examination” for purposes of the Americans with Disabilities Act (ADA). Similarly, employers can either administer the vaccine or requiring its employees to provide proof of vaccination without implicating the Genetic Information Non-Discrimination Act (GINA).

NLRB

Employers with unionized workforces should be mindful of the National Labor Relations Act (NLRA) and any labor contract obligations. Absent a “legal” mandate that employees be vaccinated (by a federal, state or local government), a vaccine requirement likely would be considered a mandatory subject of bargaining that gives rise to a duty to bargain prior to implementation, unless there’s an existing labor contract that provides for a management right to implement such a decision without bargaining. Employers also should consider any labor contract language that would foreclose mandatory vaccination.

Even in a nonunionized setting, there are potential NLRA implications. Section 7 of the NLRA grants employees the right to engage in “concerted activities” for the purpose of “mutual aid and protection.” This provision may protect the rights of employees who engage in concerted activities with regard to a mandatory workplace vaccine—such as: protesting against a mandatory vaccination policy, organized office communications or flyers among coworkers concerning such a policy, or even simple coworker discussions about the vaccine.

State Laws

State laws may also play a role with respect to regulation of a COVID-19 vaccine. To date, it does not appear that any state laws have been enacted regarding the COVID-19 vaccine.  However, nearly all states require certain healthcare facilities to mandate, or at least offer various immunizations, such as seasonal influenza, Hepatitis B, and Measles, Mumps, Rubella (MMR), to their workers. Some states strictly limit the reasons a vaccination may be declined.  At the same time, a significant number of other states—including Alabama, Kentucky and Tennessee—permit an employee to decline the influenza vaccination for any reason, so long as the employee was informed of the health risks beforehand. Therefore, before implementing any workplace COVID-19 vaccination policy, employers should consider any relevant legislative developments in their local jurisdictions.

CONCLUSION

Currently, there are more questions than answers regarding COVID-19 vaccines. Even though an employer likely can require its employees to get the COVID-19 vaccine, employers should weigh the full scope of employee relations concerns and potential legal challenges associated with doing so. While the federal government has issued projections which indicate that there may be enough vaccine to reach the vast majority of Americans who want to take it by early April 2021, initial supplies of both vaccines are expected to be limited throughout the remainder of 2020 and early 2021. As a result, widespread vaccines will not be available for most people or businesses right away, making compliance with a mandate tricky.

Employers should consider the practical impacts of a mandatory inoculation policy before mandating that employees get vaccinated, such as: the supply of available vaccines; pay or time off for the time an employee spends getting vaccinated, or who has side effects afterwards; and reimbursement or coverage of any cost for the vaccine.

You are STRONGLY encouraged to consult with your Labor & Employment counsel before designing and/or implementing any type of mandatory COVID-19 vaccination policy.

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Mississippi Commission on Environmental Quality

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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.

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Mississippi Environmental Quality Permit Board

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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.

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Mississippi Environmental Quality Permit Board

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Summary of Meeting Held July 14, 2020

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on July 14, 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 June 9, 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
Hammet Gravel Company, Inc. Yazoo P05-029A 50% release

Surface Mining Transfer

Permittee County Permit
F&F Construction, Inc., to Gulf Breeze Construction, Inc. Harrison P07-035

Other Business

Roy Furrh, MDEQ Legal Counsel, informed the Board Members that an evidentiary hearing has been requested regarding the All South Construction Surface Mining Bond Release approved during the May Permit Board.  It is currently scheduled for November 10, 2020.  Mr. Furr reported that the Hearing Officer has not made a final decision regarding the Mississippi State Port Authority – North Port Property in Harrison County.

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

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Mississippi Commission on Environmental Quality

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Summary of Meeting Held June 25, 2020

The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on June 25, 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 May 28, 2020, 2020. Then, following a prepared agenda, the Commission considered items as follows:

Water Pollution Control Revolving Loan Fund (WPCRLF) Program Loan Interest Rate Reduction and Subsidy Eligibility Threshold Adjustment

The staff briefed the Commission on a planned reduction of the WPCRLF loan interest rates and adjustment of the subsidy eligibility thresholds for projects awarded in fiscal years FY-19, FY-20, and FY-21. These adjustments are intended 1) to help ease the economic impacts of the COVID-19 pandemic on communities needing to proceed with wastewater infrastructure projects, 2) to stimulate demand for WPCRLF loans due to the currently significant funds availability, and 3) to ensure that WPCRLF interest rates stay “below market rate” as required by federal and state law.

Certifications Approved since the last report 

Type Number
Asbestos Certifications 102 certifications
Lead Paint Certifications 31 certifications
Administrative Orders 24 Administrative Orders

The next Commission meeting will be held on August 27, 2020, 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.

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.

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.

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Mississippi Commission on Environmental Quality

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Summary of Meeting Held May 28, 2020

The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on May 28, 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 April 23, 2020. Then, following a prepared agenda, the Commission considered items as follows:

FY2021 Title V Fee Recommendation

MCEQ Staff reported that a virtual public hearing concerning the FY2021 Title V Permit Fee was held on April 9, 2020. No comments were received. Therefore, MCEQ Staff recommended that the Commission set the fee at the proposed rate of $47.00 per ton of regulated air pollutants, which is the same as the previous year’s fee.  The Commission approved MCEQ Staff’s recommendation.

Commission Approval of Brownfield Agreement Completion

MCEQ Staff reported that the Commission reached a Brownfield Agreement (#6624-16) on February 26, 2016, with Stark Alan, LLC for the remediation of the Sunsations property located at 335 Hwy 12 in Starkville, Ms. On April 14, 2020, and in accordance with Rule 2.1.7.B of Part 3, Chapter 2: Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi, Stark Alan, LLC sent a petition to the Commission to make a determination as to the completion of Brownfield Agreement and as to the issuance of a “no further action” letter by the Executive Director. The MCEQ Staff 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 Stark Alan, LLC has completed Brownfield Agreement #6624-16. The Commission approved the Brownfield Agreement Completion and the issuance of the no further action letter.

Commission Approval of Brownfield Agreement Completion

MCEQ Staff reported that the Commission reached a Brownfield Agreement (#6181-12) on October 1, 2012 with The Colle Company for the remediation of the Former Colle Towing Company property located at 3802 Port River Road in Pascagoula, Jackson County, Mississippi. This Brownfield Agreement required the adherence to the MDEQ approved Correction Action Plan, dated April 4, 2012. With the recording of an Environmental Covenant on this property on April 21, 2020, and after reviewing the Corrective Action Plan-Construction Report, it has been determined that all requirements set forth within the Brownfield Agreement (#6181-12) have been completed. Therefore, the MCEQ Staff hereby recommended that the Commission issue an order in accordance with the Brownfield Regulations concluding that Brownfield Agreement (#6181-12) has been completed and that a “no further action” letter be issued by the Executive Director. The Commission approved the Brownfield Agreement Completion and the issuance of the no further action letter.

Commission Approval of Brownfield Consulting Firm

MCEQ Staff reported that they had reviewed an application from a consulting firm requesting to be listed as a Brownfield Consulting Firm and determined it to be complete and acceptable. Therefore, MCEQ Staff recommended and the Commission approved the following firm as Brownfield Consulting Firm:

Leeaf Environmental, LLC

2301 Whitney Ave

Gretna, LA 70056

Certifications Approved since the last report

Type Number
Asbestos Certifications 457 certifications
Lead Paint Certifications 160 certifications
Underground Storage Tanks (UST) Certifications 9 certifications to those who install, alter, or remove underground storage tanks
Wastewater Operator Certifications 10
Emergency Clean-Up Expenses 6

Administrative Orders

Administrative Orders will be reflected on next month’s Commission meeting agenda.

The next Commission meeting will be held on June 25, 2020, 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.

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.

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.

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BRUNINI WELCOMES MAGGIE K. DUFF

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Maggie Duff has joined Brunini, Grantham, Grower & Hewes in August of 2020 as an associate in the firm’s civil litigation department. Her practice focuses primarily in commercial litigation, personal injury and mass tort liability and labor and employment.

Maggie received her Juris Doctor from the University of Mississippi School of Law in 2020. Prior to attending law school, she received her Bachelor of Arts in Communications with an emphasis in Public Relation at Mississippi State University in 2016.

In law school, Maggie served as a Senior Articles Editor of the Mississippi Sports Law Review. Maggie was also a member of the Business Law Network and Student Bar Association. Maggie has volunteered for federal and local campaigns and also served in U.S. Congressman Steven Palazzo’s office in Washington, D.C. Maggie was a member of the Stennis Program for Congressional Interns nominated by Congressman’s Palazzo’s office. Additionally, during her time in law school, Maggie was a legal intern for the Mississippi Attorney General’s Office.

Sam Kelly, Managing Partner of the Brunini firm said, “We are excited to welcome Maggie to the Firm and are confident that she will be a wonderful asset to our team.”

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