Brunini Law

Environmental Law

Mississippi Environmental Quality Permit Board

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Summary of Meeting Held July 12, 2022

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on July 12, 2022.  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 14, 2022 and the non-controversial actions/certifications completed by the staff since the January meeting. Then, following a prepared agenda, the Board considered items 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 Release

Permittee County Permit Staff Recommendation
Eutaw Construction Company Panola P16-016 Additional 15%
Ausburn Construction Company, Inc. Oktibbeha P16-002 Initial 80%

Surface Mining Transfer

Permittee County Permit
Holden Earth Moving to  419 Development Group Harrison P02-045TAT
Baldwin Sand and Gravel to LNC Services, Inc. Panola P12-019AT

 Permit to Rescind

Permittee County Permit
DDB Construction Hinds P14-016

 Other Business

Roy Furrh, MDEQ Chief Counsel, provided there was no other business other than a reminder of the next Permit Board meeting, which will held on August 9, 2022, 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 Summary of Meeting Held March 8, 2022

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on March 8, 2022.  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 February 8, 2022 and the non-controversial actions/certifications completed by the staff since the January 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 Release

Permittee County Permit Staff Recommendation
Talbot Brothers Grading Company Grenada P12-007 Final 40%

 

Surface Mining Transfer

Permittee County Permit
D. Murray Properties, LLC to Dirt, Inc. Harrison P21-003

 

Other Business

Roy Furrh, MDEQ Chief Counsel, provided there was no other business other than a reminder of the next Permit Board meeting, which will held on April 12, 2022, 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 February 8, 2022

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on February 8, 2022.  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 January 11, 2022 and the non-controversial actions/certifications completed by the staff since the January 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 Release

Permittee County Permit Staff Recommendation
Joe McGee Construction Company, Inc. Newton P10-022 Final 80%
Joe McGee Construction Company, Inc. Rankin P18-14 Initial 70%
Oddee Smith Construction, Inc. Lincoln P08-029 Additional 30%
Parker Sand & Gravel Lowndes P17-002 Initial 90%

 

James Matheny (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

 

Surface Coal Mining Bond Release

Permittee County Permit
Liberty Fuels Kemper MS-003

 

Other Business

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

Mr. Furrh noted that he has sent a copy of Gold Coast Commodities, Inc.’s revocation to the Board.

Next, Mr. Furrh informed the Board that the parties involved in the Jimmy Le d/b/a Le Poultry application have voluntarily dismissed the appeal and that Jimmy Le d/b/a Le Poultry has sold the property.

Finally, Mr. Furrh briefly discussed Senate Bill 2087 (Open meetings law for public bodies; require all official meetings to be broadcast via video livestream applications).  This Bill was introduced by Senator Boyd would affect the Board if it passes.

The next Permit Board meeting will be held on March 8, 2022, 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 Summary of Meeting Held January 11, 2022

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on January 11, 2022.  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 14, 2021 and the non-controversial actions/certifications completed by the staff since the December 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 Release

Permittee County Permit Staff Recommendation
Wet Mine Assets Holding, LLC Hancock P04-008AT Additional 10%
WG Yates & Sons Construction Jackson P87-045T Final 20%

 Other Business

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

Mr. Furrh also stated that the February 8, 2022 Permit Board Meeting will probably be in person.

The next Permit Board meeting will be held on February 8, 2022, 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 Summary of Meeting Held November 9, 2021

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on November 9, 2021.  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 October 12, 2021 and the non-controversial actions/certifications completed by the staff since the October 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 Release

Permittee County Permit Staff Recommendation
Blain Sand & Gravel, Inc. Covington P98-010 Additional 80%

 

Surface Mining Permit Rescission

Permittee County Permit
PMH, LLC Marshall P10-030

Surface Mining Permit Transfer

Permittee County Permit
Blain Sand & Gravel, Inc. to JLMB Investments, LLC Covington P98-010

Other Business

No Other Business was discussed.

The next Permit Board meeting will be held on December 14, 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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Mississippi Environmental Quality Permit Board

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Summary of Meeting Held October 12, 2021

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on October 12, 2021.  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 September 14, 2021 and the non-controversial actions/certifications completed by the staff since the September 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 Release

Permittee County Permit Staff Recommendation
Krystal Gravel, Inc. Copiah P94-067T1 Final 50%
Krystal Gravel, Inc. Copiah P91-029T1 Final 40%
Krystal Gravel, Inc. Copiah P87-003 Final 50%
Krystal Gravel, Inc. Copiah P87-012 Final 20%

James Matheney (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:

Surface Coal Mining Bond Release

Permittee County Permit
Liberty Fuels Kemper MS-003

Other Business

No Other Business was discussed.

The next Permit Board meeting will be held on November 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.

 

Mississippi Environmental Quality Permit Board Summary of Meeting Held August 10, 2021

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on August 10, 2021.  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 13, 2021 and the non-controversial actions/certifications completed by the staff since the February 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 Release

Permittee County Permit Staff Recommendation
Krystal Gravel, Inc. Copiah P87-003 Additional 10%
Krystal Gravel, Inc. Copiah P87-012 Additional 30%
Krystal Gravel, Inc. Copiah P91-029T Additional 20%
Krystal Gravel, Inc. Copiah P94-067T1 Additional 10%
Krystal Gravel, Inc. Copiah P09-007 Additional 30%

 

Other Business

Lisa Ouzts, MDEQ Senior Attorney, presented and the Board approved Proposed Findings of Fact and Conclusions of Law related to the evidentiary hearing regarding the issuance of Section 401 Water Quality Certification No. WQC2018036 to the Mississippi Port Authority.  .

 Roy Furrh, MDEQ Chief Counsel, NCL Waste has withdrawn its application and is no longer before the Permit Board.

The next Permit Board meeting will be held on September 14, 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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Mississippi Commission on Environmental Quality Summary of Meeting Held June 24, 2021

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on May 27, 2021.  This meeting was held in-person and through a telephone conference.  The public was invited to listen to the deliberations of the Commission on the conference phone.  The Commission first approved minutes from the previous meeting held on May 27, 2021.  Then, following a prepared agenda, the Commission considered items as follows:

Water Pollution Control Revolving Loan Fund (WPCRLF) Program, Adoption of FY-2021 Intended Use Plan

The staff recommended and the Commission approved adoption of the FY-2021 Intended Use Plan. This document identifies the loan funds available for the construction of wastewater infrastructure, the local governments 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 and no comments were received.

Water Pollution Control Revolving Loan Fund (WPCRLF) Program, Resolution of Necessity to Issue Bonds

During the 2021 legislative session, Senate Bill 2971 was passed and subsequently signed by the Governor. This bill provided for the issuance of $2,870,000 in bonds to provide state matching funds required to obtain $14,350,000 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. MDEQ staff provided copies of the Resolution to the Commission for consideration and recommended and the Commission adopted the Resolution of Necessity to issue the bonds.

Proposed Amendments to Regulations for Water Quality Criteria for Intrastate, Interstate, and Coastal Waters (11 Miss. Admin. Code Pt. 6, Ch. 2)

MDEQ staff recommended and the Commission adopted the proposed amendments to the State’s water quality standards (WQSs). MDEQ is required by the Clean Water Act to routinely review and update the state’s water quality standards document in a process known as the triennial review. Revisions to the State’s WQSs were made as part of the current triennial review process. A 45-day public comment period for the draft modifications was held from Thursday, February 11 until Monday, March 29, 2021. A public hearing regarding the proposed regulations was held on Tuesday, March 30, 2021. A request was submitted on March 29, 2021, requesting a 10-day extension to the public comment period regarding the proposed amendments. The extension request was approved by MDEQ. Therefore, written comments regarding the draft modifications were accepted until Friday, April 9, 2021, at 5:00 p.m. MDEQ staff have reviewed, evaluated, and responded to comments received. The redline version of the proposed amendments was provided to the Commission for review along with all comments received and the responsiveness summaries. The last modifications to Mississippi WQSs were adopted by the Commission on February 25, 2016 and were approved by EPA on January 18, 2017.

Commission Approval of Proposed Regulation 11 Miss. Admin. Code Pt. 7, Ch. 4, entitled Mississippi Commission on Environmental Quality Dam Safety Grant Program Regulations

MDEQ staff recommended and the Commission approved and adopted the proposed regulations implementing a program to be administered by MDEQ, whereby applicant high hazard dam owners may apply for a grant to assist them with work on eligible high hazard dams in the state to improve the safety of such dams to protect downstream lives and property.  An applicant must provide matching funds of at least 35 percent of the grant amount. The funding for the grants is provided by Section 19 of H.B. 1730, which passed and became law in the 2020 legislative session. Additional funding was provided by the Legislature in 2021. A public hearing on the proposed regulations was held on June 15, 2021, and a public comment period was allowed as well.

Commission Approval of Brownfield Agreement – Reda, LLC – Columbus, MS

MDEQ staff recommended and the Commission approved the Brownfield Agreement between the Commission and REDA, LLC regarding the remediation of brownfield property located at 234 Alabama Street, Columbus, Mississippi. The administrative record for this environmental response project is referred to as the Supersonic Car Wash site. Supersonic Car Wash, which is located adjacent to a drycleaner, discovered chlorinated solvents beneath their property. The staff of the MCEQ believes the Supersonic Car Wash site may have been impacted by the adjacent drycleaners as historical records do not reveal use of chlorinated solvents on the property. REDA, LLC has agreed that the proposed remediation measures will be through filing a land use restriction with the property deed and entering into a Brownfield Agreement. The Brownfield Agreement Site will be subject to an environmental covenant restricting the future site use, including all impacted media. The draft Brownfield Agreement has completed the 45-day public notice period on June 23, 2021. No comments were received. MDEQ staff have evaluated the proposed Brownfield Agreement and took the position that, with the conditions and restrictions contained within the proposed Brownfield Agreement, the site will be in compliance with all applicable state and federal laws and standards and will be protective of the public health and the environment once the Brownfield Agreement is completed.

CERTIFICATIONS APPROVED

Asbestos:                     139 certifications

Lead Paint:                  42 certifications

Emergency

Clean-up Expenses:     3 emergency expenditure

 

ADMINISTRATIVE ORDERS APPROVED

Ten (10) 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 July 22, 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 Summary of Meeting Held June 8, 2021

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (“Board”) convened at 9:00 a.m. on June 8, 2021.  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 May 11, 2021 and the non-controversial actions/certifications completed by the staff since the February 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 Release

Permittee County Permit Staff Recommendation
Berg-Cowan Development, LLC Rankin P15-009 Final 90%
Berg-Cowan Development, LLC Rankin P18-001 Final 90%
Krystal Gravel Copiah P87-040T2 Final 70%

 

Waste Division/Solid Waste Permitting Branch & Environmental Permits Division

Air II Branch; Water II Branch; and 401/Stormwater Branch

NCL Waste LLC, North County Line Landfill (“NCL”) – Madison County
Consideration of Denial of:

Solid Waste Mgmt. Permit (SW0450010579

Air Permit to Construct (1720-00088)

NPDES Storm Water Permit (MSS062332)

Waste Water Pretreatment Permit (MSP092399)

401 Water Quality Certification (WQC20180029)

(Items presented jointly between the Waste Division and Environmental Permits Division

MDEQ staff provided a brief history of the permit applications and then discussed Amended Miss. Code Ann. §17-17-227 and 229 and newly codified Miss. Code Ann. §17-17-237 as passed during the Mississippi Legislature’s 2021 Session.  Based on the newly passed legislation, MDEQ staff recommended denial of the permit applications. Two members of the public spoke against the permit applications. No representatives for NCL appeared at the meeting; however, it was noted that the Board received a written request for additional time to respond. After some discussion, the Board denied the permit applications by a unanimous vote of all Permit Board members present.

Election of Officers – Chair and Vice-Chair (effective July 1, 2021 to June 20, 2022)

Mr. Furrh MDEQ Chief Counsel noted that is customary that officers rotate among the different state departments which the Board members represent.  He further went to say that Les Herrington is currently in the rotation to become Chair for this coming election.  He thanked outgoing Board Chair Jennifer Whitman for her service for this last year. New officers will take office effective as of the July meeting to coincide with the State of Mississippi’s fiscal year. Les Herrington was elected as Chairman and David Snodgrass was elected Vice-Chair.

 Other Business

Roy Furrh, stated that Permit Board meetings will move back to face-to-face meetings in the near future.  Chairman, Jennifer Whittmann offered to host future Board meetings on the Coast.

The next Permit Board meeting will be held on July 13, 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.

 

Mississippi Commission on Environmental Quality Summary of Meeting Held May 27, 2021

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Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on May 27, 2021.  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 meeting held on April 22, 2021.  Then, following a prepared agenda, the Commission considered items as follows:

Request from the Northeast Mississippi Solid Waste Management Authority (The “Authority”) for a Variance to State Siting Criteria for the Proposed Expansion Area at the Authority’s Municipal Solid Waste Landfill

Staff of the MDEQ Waste Division presented information regarding the landfill siting criteria and information on the existing Northeast Mississippi Regional Landfill (“Northeast Landfill”). The Authority and its experts then presented the details of proposed expansion plans and relevant information regarding the proposed variance request.

The Mississippi Nonhazardous Solid Waste Management Regulations (11 Miss. Admin. Code Pt. 4 Ch. 1.), states that “New landfills shall be located where there are adequate naturally occurring geological materials present of low permeability to act as a buffer between the base of the landfill liner and the top of the uppermost aquifer. Such materials shall generally consist of clays, silty clays, clayey silts, or other soils which have an average hydraulic conductivity of 1 x 10-6 cm/sec or less. The thickness, or depth, of these materials shall extend to at least five feet immediately beneath the base of the landfill liner.” The Authority is proposing an expansion of the disposal area at the existing Northeast Landfill. Portions of the proposed disposal area (approximately 14%) do not appear to have the required naturally-occurring buffer.  MDEQ staff noted that granting the variance does not guaranty the issuance of a permit and that the Authority will now have to go through Permit Board approval, including public hearings and comment period.  No one appeared in opposition to the variance.  After some discussion, the request for variance was approved.

Commission Approval of Brownfield Agreement – Delmar Plaza Holdings, LLC

The MDEQ staff recommended and the Commission approved the Brownfield Agreement between the Commission and Delmar Plaza Holdings, LLP (Delmar) regarding the remediation of brownfield property located at 12057 Highway 49 North in Gulfport, Mississippi (Delmar Brownfield Site). Delmar has agreed that the proposed remediation measures will be through the biological enhanced reductive dechlorination and in-situ chemical reduction pathways, and has also agreed to the filing of a land use restriction with the property deed, and to enter into a Brownfield Agreement. The Delmar Brownfield Site will be subject to an environmental covenant restricting the future site use, including all impacted media. The draft Brownfield Agreement has completed the 30-day public comment period on May 10, 2021. No comments were received. The MDEQ staff have evaluated the proposed Brownfield Agreement and stated that, with the conditions and restrictions contained within the proposed Brownfield Agreement, the Delmar Brownfield Site will be in compliance with all applicable state and federal laws and standards and will be protective of the public health and the environment once the Brownfield Agreement is completed by Delmar.

Restrictive Use Agreed Order and Environmental Covenant for FC Meyer Packaging, LLC

Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.), the Executive Director of MDEQ approved the Restrictive Use Agreed Order and Environmental Covenants between the Commission and FC Meyer Packaging, LLC regarding the remediation of property located at 101 Ascher Street, Quitman, Clarke County, Mississippi. FC Meyer Packaging, LLC operated the site as a cardboard packaging manufacturing facility. Environmental Site Assessments have revealed presence of trichloroethene impacting groundwater at concentrations in excess of Target Remediation Goals (TRGs). Therefore, remediation of the site has been determined by MDEQ staff to be necessary. The MDEQ staff has evaluated the proposed Restrictive Use Agreed Order and Environmental Covenant and stated that, with the conditions and restrictions contained within; 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.  This agenda item is for reporting purposes only.

CERTIFICATIONS APPROVED

Asbestos:                     84 certifications

Lead Paint:                  60 certifications

Wastewater

Operator:                     11 certifications

Emergency

Clean-up Expenses:     4 emergency expenditure

ADMINISTRATIVE ORDERS APPROVED

Eleven (11) Agreed Orders and three (3) Amended 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 June 24, 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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