Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it 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.

Meeting Summary

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on April 14, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Ms. Leslie Royals, PE chaired the meeting.  The Board approved minutes from the March meeting and all non-controversial actions/certifications by the staff since the March meeting.  Following a prepared agenda, items considered were as follows:

LEGAL DIVISION

Mr. Roy Furrh, MDEQ General Council, presented the Proposed Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board for the Board’s consideration and adoption.  The Board approved the Proposed Rules upon recommendation by MDEQ’s Legal Department.

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and partial permit transfer.

Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Jim Castleberry, Castleberry Trucking	DeSoto	P94-082	Final 10% Release
Jim Castleberry, Castleberry Trucking	DeSoto	P95-054	Final 10% Release
Jim Castleberry, Castleberry Trucking	DeSoto	P95-119	Final 10% Release
Jim Castleberry, Castleberry Trucking	DeSoto	P00-012	Final 10% Release
Jim Castleberry, Castleberry Trucking	DeSoto	P00-013	Final 10% Release
Jim Castleberry, Castleberry Trucking	DeSoto	P03-007	Final 10% Release
Baldwin Sand & Gravel	Lowndes	P02-029A	Final 30% Release
W.G. Yates & Sons Construction Co.	DeSoto	P14-004	Initial 10% Release
W.G. Yates & Sons Construction Co.	DeSoto	P13-004T	Initial 10% Release

Surface Mining Partial Permit Transfer:

Permittee	County	Permit
Joe McGee Construction Company, Inc., transfer to Green Earth Materials, LLC	Rankin	P06-010T1

OFFICE OF POLLUTION CONTROL

Construction Building Material Branch

MDEQ staff recommended approval of a Ready Mix Concrete General Permit for the Oscar Renda Contracting, Biloxi North Facility in Harrison County.  MDEQ staff noted that the application is complete.  Upon notification by the Applicant, three contiguous land owners issued letters of concern regarding stormwater, wastewater and declining property values.  Tony Morrow, Project Manger for the Applicant, described the facility as temporary in nature.  The contiguous landowners did not appear before the Board.  After discussion, the Board approved the General Coverage Permit (MSG110313).

Agricultural Branch

MDEQ staff recommended reissuance of Animal Feeding Operation (AFO) and issuance of Storm Water Permits for JJ Farm in Newton County. Upon notification by Applicant, four landowners issued letters of concern regarding the number of poultry houses, proximity of poultry houses to residential homes, noise, and runoff issues.  However, responding land owners are outside of the buffer zone.  The landowners did not appear before the Board.  Based on MDEQ staff recommendation, the Board approved AFO General Permit (MSG201044) and Storm Water Coverage (MSR106830).

Solid Waste Management & Mining

Staff recommended renewal of the Wastewater Pretreatment and Stormwater Permit, modification of Solid Waste Permit, and issuance of Title V Permit for Pine Belt Regional Solid Waste Management Authority in Perry County.  There was no opposition by adjoining property owners.  Based on Staff recommendation, the Board approved the following permits:  Wastewater Pretreatment (MSP091106), NPDES Stormwater (MSS048658), Title V (2200-00025), and Solid Waste Permit (SW0560010436).

Municipal & Private Facilities

MDEQ Staff presented the West Rankin Utility Authority Wastewater Treatment Facility NPDES Wastewater Permit application, but did not make a recommendation.  Roy Furrh, MDEQ General Council, noted that the presentation of the permit application was not an evidentiary hearing. Representatives of the West Rankin Utility Authority and the City of Jackson made statements regarding the permit application.  After the statements, the Board approved the NPDES Wastewater Permit (MS0061743) in a closed session.

OTHER BUSINESS

Roy Furrh, MDEQ General Council, stated that MDEQ is scheduling an evidentiary hearing regarding the Dry Asset Facility Holdings, LLC (Pearl River County) Permit Transfer application.  The hearing will probably be held in June or July 2015.

The next Permit Board meeting will be held on May 12, 2015 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.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it 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.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on March 17, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Ms. Leslie Royals, PE chaired the meeting.  The Board approved minutes from the February meeting and all non-controversial actions/certifications by the staff since the February meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permits to approve.

Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Eutaw Construction Company, Inc.	Rankin	P12-020	30% Release
W.G. Yates & Sons Construction Co.	DeSoto	P13-009T	60% Release

The following Surface Mining Permit Transfer was withdrawn pending additional information to be submitted by applicant.

Permittee	County	Permit
Joe McGee Construction Company, Inc., to Green Earth Materials, LLC	Rankin	P06-10T1A

OFFICE OF POLLUTION CONTROL

Solid Waste Management & Mining Branch

Staff recommended approval of permits for the Northeast MS Regional Landfill in Tippah County.  After noting that the applicant is in compliance with all permits, the Board approved the following renewals: Modification of Wastewater Pretreatment Permit (MSP091079), Title V (2660-00055), Stormwater NPDES (MSS049301).

Construction and Building Material Branch

Michael Griffin of MDEQ staff stated that the Board has approved the State Wide Multimedia Hot Mix Asphalt Facility General Permit (MSR70).

Staff also reported that minor modifications to the MMS Materials, Inc. facility in Scott County are complete.  The facility is currently in compliance with all permits.  The Board approved the facility’s Ready Mix General Permit (MSG110026).

MDEQ staff stated that Dry Asset purchased the Picayune Frac Plant facility formerly owned by Alliance Consulting Group, LLC (Alliance).  Dry Asset purchased the facility, located in Pearl River County in bankruptcy proceedings.  Following discussion, the Board approved the proposed name change for the following permits:  Water Quality Certification (WQC2012071), Air Construction (2180-00052), Baseline Stormwater (MSR002071), and Construction (MSR106120).  Staff also reminded the Board of the upcoming Evidentiary Hearing that had been postponed because of the bankruptcy (no date specified).

In discussion, MDEQ staff stated that Shale Support Services (Operator) will continue to operate with facility no change in activities.  MDEQ previously cited Alliance for operating prior to issuance of a permit in 2012 and cited Operator in 2013.  However, all penalties have been paid and multiple site visits performed by MDEQ indicated no odor or sedimentation issues.

Mr. Skip Negratto of Gulfport, attorney for residents of Ravenwood subdivision, stated that residents have filed numerous complaints regarding odor and sedimentation concerns at the facility.  Mr. Negratto presented photos documenting odor/air quality concerns and turbid stormwater runoff.  Mr. Negratto requested that the Board postpone approval of Dry Asset’s permits until after the Evidentiary Hearing.

Ms. Amanda Tollison, attorney for Alliance and Dry Asset, noted that the facility is in an industrial park that was established prior to development of Ravenwood subdivision.  The Dry Asset facility dries sand and does not produce odors.  Other industries within the park include plastics and chemical creosote operations, which may be the source of odor.

OTHER BUSINESS

The next Permit Board meeting will be held on April 14, 2015 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.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it 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.

Meeting Summary

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on February 26, 2015, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on November 20, 2014.

Following a prepared agenda, items considered were as follows:

FY 2016 TITLE V FEE RECOMMENDATION

A Public Hearing concerning the FY2016 Title V Air Permit Fee was held on January 15, 2015. No comments were received.  Copies of the public hearing transcript have been provided.  The staff will recommend that the Commission set the FY2016 Title V fee at $41.00 per ton of regulated air pollutants with a minimum fee of $250.00.

PILOT TRAVEL CENTERS LLC—MOSS POINT, JACKSON COUNTY—PRESENTATION OF EVIDENTIARY HEARNING RECORD AND RECOMMENDATION OF HEARNING OFFICER

Pilot Travel Centers LLC requested a formal evidentiary hearing after MDEQ staff determined that Pilot was not eligible for reimbursement for assessment and remediation costs from the Mississippi Groundwater Protection Trust Fund for releases that occurred in March 2013 and thereafter, at Pilot’s Underground Storage Tank site located at 6705 Highway 63 in Moss Point.  On May 22, 2104, the Commission designated Ricky Luke, Assistant Attorney General, as the hearing officer to conduct the hearing to prepare a record for the Commission’s consideration.  Hearing officer Luke conducted the evidentiary hearing on Sept. 11, 2014. Mr. Luke presented his findings of fact and his recommended decision for the Commission’s consideration.

CERTIFICATIONS APPROVED

Asbestos:                     319 certifications

Lead Paint:                  78 certifications

Underground Storage Tanks:            5 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Six (6) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

Twenty-five (25) administrative orders were issued by the Executive Director and approved by the Commission since the last report.  These include the following matters:

Program Area	Number of Orders	Penalty Range
NPDES	3	$6,250 – $50,000
Large Construction Stormwater	3	$5,000 – $23,000
Asbestos Removal	5	$2,500 – $7,500
Air	3	$19,000 – $37,500
Hazardous Waste	3	$15,000 – $275,000
Surface Water Withdrawal	1	$60,000
Solid Waste	1	$4,000

An order confirms the adoption of the Commission Regulation 11 Mississippi Administrative Code, Part 2, Chapter 11 entitled “Regulations for Ambient Air Quality Nonattainment Areas” along with the associated Revision to the Mississippi State Implementation Plan for Control of Air Pollution (SIP Revision).

An order confirms the adoption of amendment to Commission Regulation 11 Mississippi Administrative Code, Part 1, Chapter 1 entitled “Air Emission Regulations for the Prevention, Abatement, and Control of Contaminants.”

The next Commission meeting is scheduled for March 26, 2015.

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.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it 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.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on February 10, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mrs. Leslie Royals, PE chaired the meeting.  The Board approved minutes from the January meeting and all non-controversial actions/certifications by the staff since the January meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permits to approve.

 Surface Mining Bond Releases:

Permittee	County	Permit
Eutaw Construction Company, Inc.	Pontotoc	P11-021
Eutaw Construction Company, Inc.	Pontotoc	P11-022
Riverside Construction Company, Inc.	Warren	P10-030
Walters Development, LLC	Jones	P07-030

Mr. James Matheny of MDEQ staff recommended approval of the following surface mining permit.

Surface Mining Permit Approvals:

Permittee	County	Permit	Staff Recommendation
Rockco Mining LLC	Panola	P13-09A	Approve

OTHER BUSINESS:

The next Permit Board meeting will be held on March 17, 2015 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.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it 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.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on January 13, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mrs. Leslie Royals, PE chaired the meeting.  The Board approved minutes from the December meeting and all non-controversial actions/certifications by the staff since the December meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permits to approve.

 Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Ausbern Construction Co., Inc.	Winston	P11-011	Final 10% release
Baldwin Sand & Gravel	Lowndes	P02-029A	Additional 40% release
Joe McGee Construction, Inc.	Lincoln	P06-010T1A	Initial 55% release
Oddee Smith Construction, Inc.	Lincoln	P11-002	Final 20% release

Mr. James Matheny of MDEQ staff recommended approval of the following surface mining permits.  Neighboring property owners submitted letters of concern regarding both permits, but subsequently withdrew their concerns after discussions with MDEQ staff.

Surface Mining Permit Approvals:

Permittee	County	Permit	Staff Recommendation
Hutchinson Island Mining Corporation	Pearl River	P99-033AA	Approve
Hammett Gravel Inc., Kuhn Mine # One	Holmes	P10-002AA	Approve

OTHER BUSINESS:

Mr. Roy Furrh, MDEQ Legal Counsel reminded the Permit Board members that they need to file their annual statement of intent.

Mr. Furrh also stated that the revised Permit Board Rules and Regulations of Practice for Evidentiary Hearings will be available for public review and comment shortly and are expected to go before the Board for approval on March 10, 2015.

The next Permit Board meeting will be held on Feb. 10, 2015 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.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it 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 November 20, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Chat Phillips chaired the meeting attended by all members.  The Commission approved minutes from the previous meeting held on September 25, 2014.

Following a prepared agenda, items considered were as follows:

COMMISSION APPROVAL OF BROWNFIELD CONSULTING FIRM

Trey Hess of MDEQ staff recommended approval of the following firm for listing as a Brownfield Consulting Firm:  Goodwyn, Mills and Cawood, Inc.  The Commission unanimously approved the staff recommendation.

FY 2016 TITLE V FEE RECOMMENDATION

Jerry Beasley of MDEQ presented the Title V Air Advisory Council’s recommendation for the Title V fee for FY 2016.  The Council’s recommendation is to set the fee at $41 per ton of emissions—this is unchanged from the previous year.  Mr. Beasley requested the Commission’s permission to proceed with the public notice period for the proposed FY 2016 Title V fee.  The Commission unanimously approved this request.

ADOPTION OF A REVISION TO THE STATE IMPLEMENTATION PLAN AND “REGULATIONS FOR AMBIENT AIR QUALITY NONATTAINMENT AREAS,” 11 MS ADIMINSTRATIVE CODE, PART 2, CHAPTER 11

Mr. Beasley discussed the proposed revision to the State Implementation Plan for the Control of Air Pollution (SIP Revision).  The SIP Revision includes new regulations for implementing requirements for areas non-attainment areas under the National Ambient Air Quality Standards and an emissions inventory for DeSoto County.  The Department held a public hearing on the subject amendments on October 2, 2014.  The only comments received were minor comments submitted by EPA.  The Commission unanimously approved the SIP Revision as presented by MDEQ Staff.

Gary Rikard noted that based on recent monitoring results, DeSoto County may be re-designated as attaining.  However, if EPA lowers the allowable pollutant levels, DeSoto County may remain a non-attainment area.

ADOPTION OF AMMENDMENTS TO “AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, AND CONTROL OF AIR CONTAMINANTS,” 11 MISSISSIPPI ADMINISTRATIVE CODE, PART 2, CHAPTER 1

Mr. Beasley discussed the proposed amendments to the subject air pollution control regulations.  The proposed amendments include the following items:  (1) changes to the open burning provisions allowing MDEQ to delegate the burning of residential yard waste to local governments; (2) creation of “Air Quality Action Days” in which MDEQ may prohibit burning of yard wastes and other types of proscribed burning that is normally allowed; (3) recent amendments to federal regulations for New Source Performance Standards for Hazardous Air Pollutants; and (4) recent changes to the Federal Consolidated Air Rule.

The Commission unanimously approved the proposed amendments to 11 Mississippi Administrative Code, Part 2, Chapter 1 as presented by MDEQ Staff.

CERTIFICATIONS APPROVED

• Asbestos:                                          223 certifications
• Lead Paint:                                          83 certifications
• Underground Storage Tanks:            5 certifications
• Wastewater Operator:                     113 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Fourteen (14) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

Eighteen (18) administrative orders were issued by the Executive Director and approved by the Commission since the last report.  These include the following matters:

Program Area	Number of Orders	Penalty Range
NPDES	5	$0 – $7,500
Large Construction Stormwater	1	$25,000
Asbestos Removal	1	$3,500
Gravel Mining	2	$3,500 – $18,000
Hazardous Waste	3	$6,200 – $101,382
Underground Storage Tanks	2	$5,000
Solid Waste	1	$4,000

An order accepts Kansas City Southern Railroad Vicksburg, MS for participation in the Uncontrolled Site Voluntary Evaluation Program.

An order confirms the adoption of the Water Pollution Control Revolving Fund Program Final FY 2014 Intended Use Plan Amendment I.

The next Commission meeting is scheduled for January 22, 2015.

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 matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

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.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it 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.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on November 4, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Jim Lipe chaired the meeting.  Board members Leslie Royals and David Snodgrass were not present.  The Board approved minutes from the October meeting and all non-controversial actions/certifications by the staff since the October meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining permits to rescind.

Mr. Ron Porter of MDEQ staff explained the recommendation to rescind permits for Eutaw Construction Company, Inc. (Eutaw).  Eutaw determined that that the sites contained unsuitable material.  The sites were undisturbed, and Eutaw and no longer intends to mine the sites.

Surface Mining Permits to Rescind:

Permittee	County	Permit	Staff Recommendation
Eutaw Construction Company, Inc.	Monroe	P12-027	Rescind
Eutaw Construction Company, Inc.	Monroe	P13-016	Rescind

OTHER BUSINESS:

The Board provided updates on ongoing litigation and will provide further updates as litigation proceeds.

The City of Tupelo has appealed to the MS Supreme Court regarding the issuance of six groundwater withdrawal permits (MS-GW-17109, MS-GW-17110, MS-GW-17111, MS-GW-17112, MS-GW-17113, MS-GW-17114) issuedto North Lee County Water Association.

Chancery court affirmed a permit issued to Errington Poultry in Green County, MS.  The permit, issued by the Board, allows a variance to buffer requirements for construction of a poultry house.   A party has appealed the issuance of permit to the MS Supreme Court.

The next Permit Board meeting will be held on December 9, 2014.

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 matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

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.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it 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.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on  October 14, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Leslie Royals, PE chaired the meeting attended by all Board members.  The Board approved minutes from the September meeting and all non-controversial actions/certifications by the staff since the September meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases, permits to transfer, and permits to rescind.

Mr. James Matheny of MDEQ staff provided the following explanation regarding the recommendations to transfer and rescind permits for Tri-State Brick and Tile Company, Inc.  Tri-State went into bankruptcy, and Trustmark Bank took its properties. Tri-State Jackson Lands, LLC entered into a purchase agreement with Trustmark Bank to and requests to transfer the associated permits.

Surface Mining Bond Releases:

Permittee	County	Permit	MDEQ Staff Recommendation
Tanner Construction Company, Inc.	Washington	P10-023	100% release
Tanner Construction Company, Inc.	Washington	P10-024	100% release
Tanner Construction Company, Inc.	Washington	P10-035	100% release
Kevin Coleman Construction, Inc.	Hinds	P04-042	100% release

 

Surface Mining Permits to Transfer:

Permittee	County	Permit	Staff Recommendation
Johnston’s Sand and Gravel, Inc. requests a transfer to APAC-Mississippi	Clarke	P03-038AAT	Approve transfer
Walters Development LLC., requests a transfer to Chris Albritton Construction	Lauderdale	P01-032T	Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC	Hinds	P11-003T	Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC	Hinds	P09-006T	Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC	Hinds	P06-008T	Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC	Hinds	P00-067AT	Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Coleman Lands, LLC	Noxubee	P09-008T	Approve transfer

 

Surface Mining Permits to Rescind:

Permittee	County	Permit	Staff Recommendation
Tri-State Brick and Tile Company, Inc.	Hinds	P96-061	Release, reclamation 100% complete
Tri-State Brick and Tile Company, Inc.	Hinds	P98-005	Release, reclamation 100% complete

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Groundworx, LLC, Forrest and Lamar Counties:  MSU213009

The Board adopted the Findings of Fact and Conclusions of Law regarding the issuance of a State Operating Permit for Groundworx, LLC.  The permit for Groundworx was developed following an Evidentiary Hearing held on July 15, 2014.  The board had no additional questions or objections to the permit and approved the Findings of Fact and Conclusions of Law for adoption into the meeting minutes.

North Lee County Water Association, Lee County:  MS-GW-17109, MS-GW-17110, MS-GW-17111, MS-GW-17112, MS-GW-17113, MS-GW-17114

The Board adopted the Findings of Fact and Conclusions of Law for North Lee County Water Association, Lee County, MS.  After an evidentiary hearing held on August 12, 2014, MDEQ Staff proposed six groundwater withdrawal permits with special terms and conditions.  The permits were emailed to the Board members for review prior to the meeting.  The Board had no additional questions or objections to the permits and approved the Findings of Fact and Conclusions of Law for adoption into the meeting minutes.

OTHER BUSINESS

MDEQ is developing Permit Board Rules and Regulations of Practice for Evidentiary Hearings.  The Draft Rules and Regulations will be issued soon for review by publication on the MDEQ website.  In addition, MDEQ will hold a public meeting to solicit additional input on the Rules.

The next Permit Board meeting will be held on November 4, 2014. The meeting will be held on the first Tuesday in November because the second Tuesday falls on Veterans Day.

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 matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

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.

Prepared by Brunini, Grantham, Grower & Hewes, PLLC

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it 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 September 24, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson. Chat Phillips chaired the meeting attended by all members.  Minutes from the previous meeting held on July 24, 2014 were approved.

The Commission welcomed Gary Rikard as the new Executive Director of MDEQ.

Following a prepared agenda, items considered were as follows:

WATER POLLUTION CONTROL REVOLVING FUND LOAN PROGRAM, AMENDMENT I

Tony Caldwell of MDEQ staff presented Amendment I of the FY-2014 Intended Use Plan.  Caldwell explained that Amendment I includes new projects approved for funding through the State Revolving Fund (SRF) Program, a low-interest loan program.  The Commission unanimously adopted Amendment I to the FY-2014 Intended Use Plan as presented by the MDEQ staff.

Amendment includes the following elements:

1. Correction of the Priority List expiration date;
2. Addition of new projects to the planning list for possible funding during FY-2014;
3. Incorporation of the 204 Title VI capitalization grant allotment;
4. Modification of FY-2014 capitalization grant and state match obligations due to the lack of adequate state match authorization during the 2014 Regular Legislative Session; and
5. Provision for the obligation of additional repayments (through September 2016) to replace the unavailable FY-2014 capitalization grant and state match funds.

MDEQ held a 30-day public comment period and a public meeting for discussion of Amendment I.  No comments were received during the public notice or meeting.

UPDATE: HYDRAULIC FRACTURING IN MISSISSIPPI

Richard Harrell, P.E. and Kay Whittington, P.E. of MDEQ presented an update on hydraulic fracturing (hydrofracking) activities in Mississippi.  A summary of remarks follow.  If you would like to receive a copy of the MDEQ slides on this topic, please contact John Milner at jmilner@brunini.com.

MDEQ regulates several elements of hydrofracking: withdrawals of water from ground water sources; withdrawals of water from surface water sources; stormwater runoff from construction sites; discharges or treatment of wast waters; spills or releases that threaten state waters; impoundments in terms of dam safety and requirements; and air pollution.

MDEQ Staff stressed that they presently have no reports of spills/ releases associate with hydrofracking. MDEQ currently has applications for hydrofracking activities at 48 sites in Wilkinson and Amite counties.  Their current path forward includes managing water resources with conjunctive water use, monitoring and protecting groundwater and surface water levels and quality and working directly with affected communities.  MDEQ is currently developing a General Permit to expedite air permit processing times.

Conjunctive Water Use

Hydrofracking activities use large amounts of water during the initial production phase. Water use fluctuates based on type of fracturing method used, length of laterals, number of frack stages, and volume of sand used. Potential water supplies include streams and rivers, private ponds, groundwater, recycled and treated flowback water, treated municipal wastewater, and the Mississippi River.  MDEQ will balance hydrofracking water needs with their duty to protect beneficial uses of waters (i.e., recreational uses and aquatic life support), especially during the low-flow season.

MDEQ staff stated they are collecting additional data in efforts to develop methodology to determine maximum withdrawal allowable without causing adverse impact to aquatic life and surface water flow regimes.  This concept, termed with “conjunctive water use” will enable MDEQ to balance uses of surface and ground water with hydrofracking uses.

Drinking Water Protection

Continuing with the concept of conjunctive water use, MDEQ stated that no new or existing groundwater wells will be permitted for hydrofracking use that would adversely impact existing drinking uses.  Most public water supply wells in Amite and Wilkinson Counties are shallow, with the majority at depths of less than 600 ft.  The MS Department of Health has conducted baseline monitoring in public water supply wells of Amite and Wilkinson Counties.  Monitoring will continue.

Permits for Groundwater Withdrawal for Hydrofracking Use

To date, MDEQ has issued six permits for groundwater withdrawal for hydrofracking use. These wells are all below 600 feet (lower than the depth of most public water supply wells). Future withdrawal permits will carry special terms and conditions. Elements of the special terms and conditions include: field survey of wells in 1 mile radius; submission of geophysical log to MDEQ; required inspection plug and meter; required pump test required; measurement and submittal of static water levels before and after each fracking event; collection and analysis of water quality samples; and report of water use for each fracking event.

Groundwater Quality Protection

MDEQ and the MS Oil and Gas Board are jointly developing requirements for groundwater protection.  The requirements include the use of lined surface pits for storage of fresh water and flowback water and design requirements for well surface casings. MDEQ staff stated that there is a significant depth difference between public water wells (typically less than 600 feet) and well depths in the Tuscaloosa Marine Shale (approximately 12,000 feet). Additionally, staff noted that there are hundreds of feet of confinement between drinking water wells and the Tuscaloosa Marine Shale.

Municipal Infrastructure

Other concerns include the future demands to infrastructure (i.e. roads, publici water supply and municipal wastewater treatment capacities) due to expected population growth in Amite and Wilkinson Counties. MDEQ staff is actively engagign with municipalities in potentially affected areas to upgrade infrastructure in anticipation of future growth.

CERTIFICATIONS APPROVED

Asbestos:                                                         204 Certifications

Lead Paint:                                                         89 Certifications

Underground Storage Tanks:                           8 Certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

The following eight (8) emergency clean-up expenditures occurred since the last report:

Complete Environmental & Remediation (3 emergency clean-up expenses) in the counties of Winston and Lee due to clean-up of April tornadoes.

United States Environmental Services (5 emergency clean-up expenses) in the counties of Sunflower, Jackson, Copiah, Yazoo and Jefferson Davis due to diesel spill clean-up.

ADMINISTRATIVE ORDERS APPROVED

Twenty-four (24) administrative orders issued by the Executive Director and approved by the Commission included the following matters:

Program Area	Number of Orders	Penalty Range
NPDES	4	$0- $25,000
Large Construction Stormwater	2	$2,500-$5,000
Lumber/ Wood Treating	3	$2,200- $15,500
Metals Manufacturing	1	$24,640
Asbestos Removal	1	$2,500
Baseline Stormwater	1	$17,500
Graval Mining	1	$8,100
Hazardous Waste	1	$8,800
Title V	1	$0

A scheduling order with Pilot Travel Centers was issued to schedule a date for the evidentiary hearing requested before the Commission.

An order approves the proposed amendment to Pine Belt Solid Waste Management Plan to expand the Randy-Danny, Inc. Rubbish Site.

An order approves the proposed amendment to Three Rivers Regional Solid Waste Management Plan to expand the TMCO Class I Rubbish Site and to add the North MS Recycling Solutions Class I Rubbish Site.

An order approves the proposed amendment to Yazoo County Waste Management Plan to add eleven new land applications for spreading of bio solids for soil amendment purposes.

An order approves the proposed amendment to Forest county Solid Waste Management Plan to add the 90 Class I Rubbish Site.

An order confirms that Kossen Properties, LLC and Empire Truck Sale of Louisiana have satisfied remediation requirements in conjunction with a Brownfield Agreement.

The remaining orders were not enforcement-oriented, but rather dealt with the approval of amendments to Title 11 (Regulations governing surface coal mining), and approval of the MS 2014 Section of 303 (d) List of Impaired Water Bodies.

The next Commission meeting is scheduled for October 23, 2014.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

The Environmental Practice Group of the Brunini Law Firm publishes a summary of the proceedings of each monthly meeting of the Mississippi Environmental Quality Permit Board and of the Mississippi Commission on Environmental Quality. We strive to provide, in a succinct newsletter format, the key points addressed in each meeting that will be of interest to the regulated community in Mississippi.

If you have any questions concerning the content of a newsletter it 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.

Meeting Summary

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on September 9, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Leslie Royals, Permit Board Chairman, chaired the meeting attended by all Board members.  The Board approved minutes from the August meeting and all non-controversial actions/certifications by the staff since the August meeting.  Following a prepared agenda, the items considered were as follows:

OFFICE OF GEOLOGY

In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permit to cancel:

Surface Mining Bond Releases:

Permittee	County	Permit	MDEQ Staff Recommendation
Baldwyn Sand & Gravel	Monroe	P92-098AA	30% release
Eutaw Construction Company, Inc.	Monroe	P93-050T	90% release
Eutaw Construction Company, Inc.	Monroe	P13-018	50% release
W. S. Jordan & Sons Sand and Gravel	DeSoto	P96-026	No release
Preston Dobbs Truck Service	Monroe	P02-002AAA	100% release
Krystal Gravel, Inc.	Copiah	P90-020	30% release
Krystal Gravel, Inc.	Copiah	P91-016T2	10% release
Krystal Gravel, Inc.	Copiah	P92-029T2	No release
Krystal Gravel, Inc.	Copiah	P94-067T1	No release
Krystal Gravel, Inc.	Copiah	P95-079	No release
Krystal Gravel, Inc.	Copiah	P98-003	No release
Krystal Gravel, Inc.	Copiah	P00-027	40% release
Krystal Gravel, Inc.	Copiah	P00-046T2	No release
Krystal Gravel, Inc.	Copiah	P01-39A	20% release
Krystal Gravel, Inc.	Copiah	P02-043	45% release
Krystal Gravel, Inc.	Copiah	P03-003T	10% release
Krystal Gravel, Inc.	Copiah	P13-002	20% release
Oxford Sand Company	Panola	P99-051	20% release
Phillips Contracting Co.	Lowndes	P07-026T	90% release

Surface Mining Permit to Cancel:

Permittee	County	Permit	Staff Recommendation
U.S. Army Corps of Engineers	Marshall	P09-020A	Cancel

The Board heard discussions from visitors and approved the following surface mining bond releases:

APAC – Mississippi, Inc. (Carroll County)

Surface Mining Permit Bond Release – P98-011TA

Mr. James Matheny of MDEQ staff stated that the Office of Geology recommended an initial 15% bond release for this 337-acre site.  After hearing discussion from visitors, the Board approved the mining bond release in accordance with the staff’s recommendation.

Visitors requested that the Board delay release until ownership of the site is settled by pending litigation and stated that APAC – Mississippi, Inc. (APAC) now owns J.J. Ferguson Sand & Gravel’s interest in this site.  Pending litigation is between the visitors and J.J. Ferguson Sand & Gravel.  A  representative of APAC argued for the recommended bond release and referenced a letter from the Carroll County School District, stating that the litigation will not have bearing on bond releases.  Roy Furrh, MDEQ General Counsel, explained that MDEQ requires bond to ensure that permittees complete reclamation.  Bonds do not affect royalty payments to parties.  Given this, Mr. Furrh recommended that the Board release the bonds in accordance with the staff’s recommendation.

J.J. Ferguson Sand & Gravel (Carroll County)

Surface Mining Permit Bond Release – P88-017

A representative from J.J. Ferguson Sand & Gravel stated that this site does not abut the visitors’ property.  Ongoing litigation with the visitors, referenced above, involves royalties and not land reclamation required for bond release.  After hearing discussion from visitors, the Board approved the bond release in accordance with the staff’s recommendation.

OFFICE OF POLLUTION CONTROL

Solid Waste and Mining Branch

Chamber of Mississippi, Inc., Clearview Environmental Control Facility Landfill (Scott County)

Reissuance of NPDES Permit – MSS059374

Reissuance of Title V Air Permit to Operate – 2420-00046

Reissuance and Modification of Wastewater Treatment Permit – MSP090465

There were no significant issues identified during the public comment period.  The Board approved the permits in accordance with the staff’s recommendation.

Construction and Building Materials Branch

McClain Lodge High Fence Project (Rankin County)

Issuance of Large Construction Stormwater Coverage – MSR106411

Issuance of 401 Water Quality Certification – WQC2014002

Florence Bass of MDEQ staff stated the project is for the construction of a 12-foot high fence to create a hunting area for native and exotic animals on a 390-acre tract in Rankin County.

The applicant addressed all off-site and on-site mitigation and restoration enhancements and paid a previously assessed a fine. Residents of the neighboring subdivision have filed letters of objection, and a public hearing was held.  At the hearing, residents raised concerns about flooding, health, and environmental quality.  A visitor (neighboring subdivision resident) stated his concerns regarding (1) the potential for water contamination due to exotic game and (2) erosion and standing water issues.  After hearing discussion from visitors, the Board approved these authorizations in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on October 14, 2014.

This Newsletter is a publication of the Environmental Practice Group of the Brunini, Grantham, Grower & Hewes law firm 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 matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.