Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on November 12, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Dennis Riecke chaired the meeting attended by all Board members. Minutes from the October meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

City of Meridian, Meridian POTW (Lauderdale County)

Modification of NPDES Permit
MS0020117

Following statements from a resident in the area that the permit modification should be denied, the Board voted to approve the modification of the NPDES permit based on staff’s recommendation that all requirements have been satisfied by the applicant.

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

Burns Dirt Construction, Inc.
Oktibbeha     P13-010

Eutaw Construction Company, Inc.
Monroe       P95-090T

Eutaw Construction Company, Inc.
Monroe        P96-002T

Eutaw Construction Company, Inc.
Monroe        P97-018T

Mississippi Limestone Corporation
Coahoma      P93-070

Kentucky-Tennessee Clay Company
Benton        P98-046

Surface Mining Permit to Rescind:

Eutaw Construction Company, Inc.
Monroe        P12-025

Surface Mining Permit to Transfer:

Jackson Ready-Mix Concrete
        Transfer to Krystal Gravel, Inc.
Copiah        P90-002

Surface Mining Application:

Memphis Stone and Gravel Company
DeSoto        A1872

The surface mining bond releases, permit to rescind, permit to transfer and permit application listed above were approved in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on December 10, 2013.

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 Mississippi Commission on Environmental Quality convened at 9:00 a.m. on October 24, at the offices of the Mississippi Department of Environmental Quality in Jackson. Chat Phillips chaired the meeting attended by all members. Minutes from the last meeting held in August 2013 were approved. Following a prepared agenda, items considered were as follows:

BROWNFIELD AGREEMENT

The Commission voted to approve the Brownfield Agreement between the Commission and The District Land Development Company, LLC regarding the remediation of property located just east of I-55 and north of Eastover Drive in Jackson, Mississippi. Buildings slated for demolition on the site, known as the former “Mississippi School for the Blind Brownfield Agreement Site,” contained asbestos and old transformers needing proper disposal.

ADOPTION OF ADMENDMENTS TO MISSISSIPPI ADMINSTRATIVE CODE

The Commission voted to adopt the following amendments to the Mississippi Administrative Code (MAC):

(1)  Air Emission Regulation for the Prevention, Abatement, and Control of Air Contaminants (11 MAC, Part 2, Chapter 1) – the amendments involve the adoption, by reference, of amendments to federal New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and the Consolidated Air Rule as promulgated by the U.S. Environmental Protection Agency (EPA).

(2)  Ambient Air Quality Standards (11 MAC, Part 2, Chapter 4) – the amendments concern the adoption, by reference, of amendments to the Federal National Ambient Air Quality Standards as promulgated in 40 CFR Part 50.

(3)  Regulations for Lead-Based Paint Activities (11 MAC, Part 2, Chapter 9) – the amendments concern changes to make the regulations consistent with amendments to federal EPA regulations and the Mississippi Lead-Based Paint Activity Accreditation and Certification Act, as amended by Mississippi Senate Bill 2688 (Regular Session 2013).

PRESENTATION ON GEOLOGIC IMPORTANCE – PIKE COUNTY

Over the next few Commission meetings, the MDEQ staff will present work, research and geology of a few key counties within the state in order to highlight the importance of geological understanding to Mississippi and the mission of MDEQ. At this meeting, the staff provided a presentation on the geological significance and importance of Pike County.

CERTIFICATIONS APPROVED

Asbestos:                     220 certifications

Lead Paint:                  102 certifications

Underground
Storage Tanks:            8 certifications

Wastewater
Operator:                      57 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

The following five (5) emergency clean-up expenditures occurred since the last report:

Complete Environmental & Remediation in the counties of:

Leake and Clarke.

United States Environmental Services in the counties of:

Rankin, Copiah and Simpson

Thirty-eight (38) administrative orders issued by the Executive Director and approved by the Commission included the following matters:

ADMINISTRATIVE ORDERS APPROVED

Program Area	Number of Orders	Penalty Range
Large Construction Storm Water	2	$1,400 to $25,000
Hazardous Waste	3	$1,800 to $39,655
Title V	4	$0 to $15,000
Hot Mix Asphalt	1	$45,000
Pretreatment	1	$12,500
Wet Deck	1	$3,500
Synthetic Mining	1	$19,000
UST	2	$4,440 to $5,000
Water Well Contractor’s License	9	$100
Other	9	$0 to $5,000

The remaining five (5) orders were not enforcement-oriented, but rather dealt with the approval of amendments, applications for the Brownfields Program, participation in the Uncontrolled Site Voluntary Evaluation Program, and other routine administrative matters.

The next Commission meeting is scheduled for November 21, 2013.

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 Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on October 8, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Dennis Riecke chaired the meeting attended by all Board members. Minutes from the September meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

N.L. Carson Construction Company, Inc.
Neshoba      P09-019

Eutaw Construction Company, Inc.
Madison       P10-009T

Hill Brothers Construction Company
Winston       P04-004A

Oddee Smith Construction Company
Lincoln         P99-018

Hammett Gravel Company
Holmes        P97-027

Hammett Gravel Company
Holmes        P98-004

Hammett Gravel Company
Holmes        P03-006A

Hammett Gravel Company
Holmes        P00-059

Hammett Gravel Company
Holmes        P02-039

The surface mining bond releases listed above were approved in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on November 12, 2013.

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 Mississippi Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on September 10, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Leslie Royals chaired the meeting attended by all but two Board members. Minutes from the August meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

EVIDENTIARY HEARING SCHEDULED FOR OCTOBER 8, 2013

On May 14, 2013, the Board voted to grant the issuance of a water quality certification to Alliance Consulting Group, LLC (Pearl River County) for a proposed sand processing facility (WQC2012071). Following the issuance of this certification, representatives for the Ravenwood Subdivision, which is located near the proposed site, requested an evidentiary hearing. This evidentiary hearing was scheduled to occur following the regularly scheduled October 8 meeting of the Board. Legal Counsel for Alliance Consulting Group, LLC appeared before the Board to request (1) a Motion to Intervene and (2) a Motion for Continuance, citing the need to address some corporate organizational issues prior to the scheduled evidentiary hearing. Per MDEQ’s legal staff recommendation, the Board voted to approve both motions. Consequently, the evidentiary hearing will be rescheduled. MDEQ will notify the Board and other appropriate parties of the new date once it is scheduled.

OFFICE OF POLLUTION CONTROL

Macland Disposal Inc., II, a wholly owned subsidiary of Waste Recyclers Holdings, LLC (Jackson County) 

Reissuance of Water Quality Certification
WQC2006062

Macland Disposal Inc., II has applied for reissuance of its Water Quality Certification in order to fill approximately 28.5 acres associated with an approximately 30 acre expansion of the Class I Rubbish facility. MDEQ received several letters of concern during the public comment period. These letters stated concerns regarding the design and construction of the expansion of the facility, potential flooding and possible groundwater contamination. Per staff’s recommendation, the Board voted to approve reissuance of the certification.

W.L. Burle, PA, Shell Go Number 512 (Carroll County)

Issuance of Coverage under Underground
Storage Tank Groundwater Remediation
General Permit      MSG120220

The Shell Go Number 512 site has been identified as having some high vapor issues and proposes to install a dual-phased remediation system to correct the problem. The Board voted to issue the general permit.

OFFICE OF GEOLOGY

Surface Mining Bond Release:

Lloyd G. Spivey, Jr.
Madison       P02-014

Surface Mining Permits to Transfer:

Hill Brothers Construction Company, Inc. transfer to
Hill Brothers Leasing Company, LLC
Marshall       P99-055

Hill Brothers Construction Company, Inc. transfer to
Hill Brothers Leasing Company, LLC
Pontotoc       P01-012

Hill Brothers Construction Company, Inc. transfer to
Hill Brothers Leasing Company, LLC
Pontotoc       P01-013

The surface mining bond release and permits to transfer listed above were approved in accordance with the staff’s recommendation.

OTHER BUSINESS

The following evidentiary hearing is scheduled to take place following the Board’s regularly scheduled meeting:

November 12, 2013 – Cleveland Music Foundation, Delta State Golf Course Renovation Project, Bolivar County.

The next Permit Board meeting will be held on October 8, 2013.

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 Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on August 13, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Dennis Riecke chaired the meeting attended by all Board members. Minutes from the July meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

A & A Excavating Contractor, Inc.
Madison       P88-020

A & A Excavating Contractor, Inc.
Madison       P89-001

Eutaw Construction Company, Inc.
Lee              P09-004

W.C. Pitts Construction Company, Inc.
Wayne         P92-095

W.C. Pitts Construction Company, Inc.
Wayne         P95-046

Surface Mining Permit to Cancel:

Eutaw Construction Company, Inc.
Marshall       P12-024

Surface Mining Permits to Transfer

Rogers Group, Inc. transfer to
APAC-Mississippi, Inc.
Panola         P04-021T1

Hammett Gravel Company, Inc. transfer to
Hammett and Green Aggregates, LLC
Warren        P13-006A

The surface mining bond releases, permits to transfer and permit to cancel listed above were approved in accordance with the staff’s recommendation.

OTHER BUSINESS

The following evidentiary hearings are scheduled to take place following the Board’s regularly scheduled meeting:

October 8, 2013 – Alliance Consulting, Pearl River County.

November 12, 2013 – Cleveland Music Foundation, Delta State Golf Course Renovation Project, Bolivar County.

The next Permit Board meeting will be held on September 10, 2013.

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 Mississippi Commission on Environmental Quality convened at 9:00 a.m. on July 25, at the offices of the Mississippi Department of Environmental Quality in Jackson. Chat Phillips chaired the meeting attended by a majority of the members. Minutes from the last meeting held in May 2013 were approved. Following a prepared agenda, items considered were as follows:

ELECTION OF OFFICERS FOR FISCAL YEAR 2014

The Commission voted to elect the following members as officers for FY-2014:

Chairman – Chat Phillips

Vice-Chairman – Charles Dunagin

BROWNFIELD CONSULTING FIRM

The Commission voted to approve the following firm as a Brownfield Consulting Firm:

Professional Service Industries, Inc. (PSI)
724 Central Avenue
Jefferson, Louisiana 39774

WATER POLLUTION CONTROL REVOLVING FUND LOAN PROGRAM

The MDEQ staff recommended the adoption by the Commission of the FY-2013 Intended Use Plan Amendment No. 1. This amendment includes changes to add new projects to the Planning List for possible funding, to incorporate the actual Title VI capitalization grant allotment, to account for the unavailability of the FY-2013 capitalization grant and state match for obligation, due to the lack of adequate state match authorization during the 2013 Regular Legislative Session, and to provide for the obligation of additional repayments (through March 2014) to replace the currently unavailable FY-2013 capitalization grant and state match funds. The Commission voted to approve the adoption of the amendment.

LIGNITE MINING FEES

The MDEQ staff recommended the following Lignite Mining Fees for the 2014 state fiscal year:

Liberty Fuels Company, LLC – $125,000.00 (same as for the state fiscal year 2013)

Mississippi Lignite Mining Company – $125,000.00 (same as for the state fiscal year 2013)

These amounts cover approximately 50% of the anticipated cost of administering the federally-approved coal mining program in Mississippi. The remaining approximately 50% of the cost will be covered by a federal Office of Surface Mining Reclamation and Enforcement grant. These fees will cover 100% of the anticipated cost of administering the program above the amount of the federal OSMRE grant. The Commission voted to approve the Lignite Mining Fees listed above.

REFORMATTED AND RENUMBERED REGULATIONS

The Commission regulations have been reformatted and renumbered pursuant to the Administrative Procedures Act and as required by the Secretary of State. On June 4, 2013, a public hearing was held related to the reformatted and renumbered regulations. This rulemaking does not change the content of the regulations. The Commission voted to approve and adopt the reformatted and renumbered regulations.

BRIEFING ON DENBURY WELL

The MDEQ Staff provided the Commission with a briefing on an oil spill that occurred at the Denbury Well, located in Yazoo County, on August 9, 2011. Denbury acquired the site in 2005, and the area has been a tremendous resource for the state since 1939. The oil spill occurred while Denbury was doing CO2 enhanced oil recovery. As soon as the oil spill was discovered, Denbury began emergency operations. During the emergency response, some environmental damage occurred and Denbury worked to mitigate these damages. The oil spill occurred over a period of thirty-seven (37) consecutive days. Denbury, cited by MDEQ for violating state laws related to air and water pollution, entered an Agreed Order with MDEQ in a final settlement amount of $662,500.00.

BRIEFING ON PHOENIX AWARD

On May 16, 2013, Mississippi was awarded two (2) Phoenix Awards at the National Brownfields Conference. The awards were in recognition of Mississippi’s excellence in Brownfields development.

CERTIFICATIONS APPROVED

Asbestos:                     306 certifications

Lead Paint:                  93 certifications

Underground
Storage Tanks:            2 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

The following nine (9) emergency clean-up expenditures occurred since the last report:

United States Environmental Services in the counties of:

Hinds, Hancock, Rankin, Copiah, Franklin and Warren.

ADMINISTRATIVE ORDERS APPROVED

Thirty-four (34) administrative orders issued by the Executive Director and approved by the Commission included the following matters:

Program Area	Number of Orders	Penalty Range
Large Construction Storm Water	1	$5,000
NPDES	2	$0 to $2,000
Solid Waste	1	$8,000
Air	5	$1,250 to $662,500
Underground Storage Tank	1	$0
Ready-Mix	1	$13,550
Small Construction Storm Water	1	$4,000
SWPPP	1	$7,500
Other	17	$0 to $46,800

The remaining four (4) orders were not enforcement-oriented, but rather dealt with the approval of amendments, granting of evidentiary hearings and other routine administrative matters.

The next Commission meeting is scheduled for August 22, 2013.

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 Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on July 9, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Dennis Riecke chaired the meeting attended by all Board members. Minutes from the June meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Waste Management of Mississippi, Inc.
Pecan Grove Landfill and Recycling Center
(Harrison County)

(1) Reissuance and Modification Nonhazardous
Solid Waste Management Permit     SW02101A0400

(2) Reissuance and Modification NPDES
Storm Water Discharge Permit         MSS057843

(3) Reissuance State of Mississippi
Pretreatment Permit                            MSP091891

(4) Reissuance and Modification Title V
Air Permit to Operate Air Emissions
Equipment                                              1020-00048

Waste Management of Mississippi, Inc. applied for renewal of the four permits listed above for its Pecan Grove Landfill and Recycling Center located approximately six miles north of Pass Christian, Mississippi. The permit renewals include minor modifications related to the design of the facility, but not to the overall capacity of the facility. MDEQ held a public hearing on June 25 to receive comments regarding the permit renewals. No comments were received during the public comment period. Per staff’s recommendation, the Board voted to approve the renewal of the permits listed above.

OFFICE OF GEOLOGY

Surface Mining Bond Release:

Neely Trucking & Excavating
Rankin         P05-019AT

Surface Mining Permit to Cancel:

Oyd’s Dirt Service, Inc.
Smith          P93-097

The surface mining bond release and permit to cancel listed above were approved in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on August 13, 2013.

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

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on June 11, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. All but one Board member attended the meeting chaired by Jan Boyd. Minutes from the May meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

City of Louisville, City of Louisville Solid Waste Landfill (Winston County)

Reissuance of Individual Stormwater Permit MSS058149

The City of Louisville Solid Waste Landfill was first permitted in 1996. The City of Louisville (City) holds two permits for this site, a solid waste permit (not up for renewal today) and a stormwater permit. The City has submitted all required documents to renew this stormwater permit. A public hearing was held regarding renewal of the permit and MDEQ did not receive any comments. The Board voted to approve the renewal of the stormwater permit.

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

P & P Sand & Gravel
Marion         P08-008AAA

Harris Construction Company
Rankin         P88-007

The surface mining bond releases listed above were approved in accordance with the staff’s recommendation.

REFORMATTED AND RENUMBERED PERMIT BOARD REGULATIONS

Pursuant to the Administrative Procedures Act, the Permit Board regulations have been reformatted and renumbered. A public hearing was held by MDEQ on June 4, 2013 regarding the reformatting and renumbering of the Permit Board regulations. MDEQ legal staff reported to the Board that the public comments received were outside the scope of the public hearing, which simply dealt with the renumbering and reformatting of the regulations. The Board voted to adopt the regulations.

ELECTION OF BOARD CHAIRMAN AND VICE-CHAIRMAN FOR 2013-2014

The Board voted unanimously to elect the following:

Chair – Dennis Riecke, Mississippi Department of Wildlife, Fisheries & Parks

Vice-Chairman – Leslie Royals, Office of Environmental Health, Mississippi State Department of Health

The next Permit Board meeting will be held on July 9, 2013.

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 Mississippi Commission on Environmental Quality convened at 9:00 a.m. on May 23, at the offices of the Mississippi Department of Environmental Quality in Jackson. Martha Dalrymple’s chaired the meeting attended by all members. Minutes from the last meeting held in April 2013 were approved. Following a prepared agenda, items considered were as follows:

REVISION TO THE STATE IMPLEMENTATION PLAN (SIP)

The State Implementation Plan (SIP) revision, which involves the Transportation Conformity requirements of Section 176(c) of the Clean Air Act (CAA), is a Memorandum of Agreement (MOA) concerning criteria, interagency consultation plans and programs in the partial area of DeSoto County, Mississippi designated as non-attainment. The parties to the MOA include the Mississippi Department of Environmental Quality (MDEQ), the Memphis Urban Area Metropolitan Planning Organization, the Mississippi Transportation Commission, the Mississippi Office of the Federal Highway Administration, Region 4 of the Federal Transit Administration and Region 4 of the Environmental Protection Agency. No comments were received during a public comment period held on this revision. The Commission voted to adopt the proposed SIP revision.

WATER POLLUTION CONTROL (CLEAN WATER) STATE REVOLVING FUND LOAN PROGRAM

During the 2013 legislative session, Senate Bill 2913 was passed and subsequently signed by the Governor on April 25, 2013. SB 2913 provided for the issuance of $1,000,000 in bonds to provide state matching funds required to obtain $5,000,000 in available federal assistance for the Water Pollution Control State Revolving Fund Loan Program. In order to initiate this process, the Commission voted to adopt a resolution of necessity for issuance of these bonds.

RECYCLING COOPERATIVE GRANT PROGRAM

MDEQ staff updated the Commission on the Recycling Cooperative Grants Program. The agency has finalized an announcement and application packet on the Recycling Cooperative Grants. The total amount of funds to be made available through this announcement is $1,000,000. These funds will be used to provide grant support to local government projects that will establish regional cooperative efforts to collect, process and market recyclables in underserved areas of the state.

DESIGNATION OF HEARING OFFICERS

Under Miss. Code Ann. § 49-17-33, the Commission voted to approve the designation of hearing officers in the following matters:

(1)   Ricky Luke, Special Assistant Attorney General, in the matter of Stephanie Howard, Executrix of the Estate of Gerald Donald (Wayne County)

(2)   Chuck Rubisoff, Special Assistant Attorney General, in the matter of Serenity Lane (Pearl River County)

UPDATE ON RESTORE ACT AND OTHER OIL SPILL RESTORATION ACTIVITIES

Trudy Fisher, Executive Director of MDEQ, and Richard Harrell, Director of MDEQ’s Office of Pollution Control, provided the Commission with an update on the RESTORE Act and other oil spill restoration activities. Fisher informed the Commission that there would be an announcement this week regarding work completed by the Gulf Coast Ecosystem Restoration Council, created by Congress under the RESTORE Act, and the draft comprehensive plan that should be released soon. Public meetings on the Gulf Coast will follow the release of this draft comprehensive plan.

The Phase I projects under early restoration are nearing completion. The Mississippi Oyster Cultch project will conclude this week. The Near-Shore Artificial Reef is being completed in existing permitted areas on the Mississippi Gulf Coast.

Proposed early restoration projects for Phase III have come directly from the public and local leaders. Fisher explained that we are now at the point of the natural resource damage assessment (NRDA) process of “scoping and public participation.” The proposed projects for Phase III of early restoration include:

(1)   Popps Ferry Causeway Park.

(2)   Hancock County Marsh Living Shoreline

(3)   Pascagoula Beachfront Promenade

(4)   Infinity Science Center

The Commission will receive updates on the progress of these projects at future meetings.

CERTIFICATIONS APPROVED

Asbestos:                     99 certifications

Lead Paint:                  45 certifications

Underground
Storage Tanks:            3 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

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

Complete Environmental & Remediation Co. in Rankin County.

United States Environmental Services in the counties of:

Tate, Scott, Lincoln, Harrison, Rankin and Tishomingo.

ADMINISTRATIVE ORDERS APPROVED

Seventeen (17) administrative orders issued by the Executive Director and approved by the Commission included the following matters:

Program Area	Number of Orders	Penalty Range
Large Construction Storm Water	1	$5,000
NPDES	5	0 to $3,500
Solid Waste	1	$6,500
Air	2	$3,500 to $15,000
Pretreatment	3	$6,598 to $25,000
Other	3	0 to $4,000

The remaining two (2) orders were not enforcement-oriented, but rather dealt with the approval of amendments and other routine administrative matters.

The next Commission meeting is scheduled for June 27, 2013.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on May 14, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Jan Boyd chaired the meeting attended by all Board members. Minutes from the April meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

State of Mississippi State-Wide General Permit
Vegetative Debris and Untreated Wood
Waste Composting Facility                SWGP-C1

This state-wide permit was first approved by the Board in 1998. Today, the MDEQ staff recommended that the Board vote once again to approve the state-wide general permit for Vegetative Debris and Untreated Wood Waste Composting Facility. The permit encourages more composting across the State of Mississippi, decreasing the amount of waste sent to landfills. Currently, there are 11 facilities in the State that are covered under this permit, but MDEQ has seen more interest from cities and counties around the State. On April 1, 2013, the permit went to public notice and MDEQ received one letter of concern regarding setback issues as related to composting facilities. Upon staff’s recommendation, the Board voted to approve the permit.

Alliance Consulting Group, LLC (Pearl River County)

Issuance of Water Quality Certification
WQC2012071

The proposed project, a sand processing facility, is located on approximately 78 acres near the industrial park in Picayune, Mississippi. MDEQ has previously issued three other permits to the applicant for the construction of this facility. A water quality certification is needed because approximately 1.9 acres of jurisdictional wetlands will be impacted by proposed operations at the facility. During public notice for the draft permit, residents from the nearby Ravenwood Subdivision submitted to MDEQ letters of concern regarding potential increased flooding in the area, health issues, noise impacts and decreases in property value in the area. Additionally, MDEQ staff noted that the site has previously been issued two Notices of Violation (NOV), but has resolved both NOVs to the agency’s satisfaction, including a civil penalty paid in full. Following statements made to the Board by representatives for the Ravenwood Subdivision and representatives for Alliance Consulting Group, LLC, the Board took a five minute recess to review all relevant information. Upon returning from the recess, a motion was made to accept MDEQ staff’s recommendation to approve the permit. The permit was approved by a majority vote of the Board with the Office of Fish & Wildlife abstaining.

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

L.D. Hancock Family, LLC
Lee                 P94-136T

Robbie Robinson, Inc.
Rankin           P02-033

Tanner Construction Company, Inc.
Lawrence      P07-005A

Kentucky-Tennessee Clay Company
Panola           P97-008

The surface mining bond releases listed above were approved in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on June 11, 2013.

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.

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