The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on October 11, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from September meeting and the non-controversial actions/ certifications by the staff since the September meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

No items were on the agenda

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases and permits to combine:

 Surface Mining Bond Release:

 

Permittee	County	Permit	Staff Recommendation
P&P Sand and Gravel	Marion	P08-008AAA	Final 40%
Oddee Smith Construction, Inc.	Lincoln	P01-028	Final 15%

Mississippi Lignite Mining Company

The Board approved a partial release of additional acreage based on the completion of required reclamation.  The applicant did not request or receive the release of any bond funds.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Counsel advised the Board that Evidentiary Hearings have been scheduled for the November and December meeting pertaining to the following matters: issuance of a water quality certification and storm water coverage to Renaissance at Colony Park – Phase III (Costco), and issuance, modification and transfer of a water quality certification and other permits to Drying Facility Asset Holdings, LLC.

Following the Permit Board meeting, an evidentiary hearing was held to consider NPDES Permit No. MS0061751 regarding Mississippi Power Company, Kemper County.

The next Permit Board meeting will be held on November 8, 2016 at 9 a.m.

 

 

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on September 13, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from August meeting and the non-controversial actions/ certifications by the staff since the August meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Municipal & Private Facilities

Meridian POTW – Lauderdale County – MS0020117

The Board denied the request by one individual for a public hearing to be held in Meridian (rather than at the MDEQ offices).  This individual was advised of the time date and location of this Permit Board hearing and did not attend.

Further, the Board approved the reissuance of the NPDES Permit.  One letter of concern was submitted; however staff noted that the permit was drafted within the limits and meets all federal and state laws and regulations.  No one in opposition was in attendance.

Agricultural Branch

The Board approved issuance of coverage under the AFO General Permit (MSG201887) and issuance of construction under the Storm Water Coverage (MSR107212) for Wegner Farms in Noxubee County.  The application proposes four poultry houses and construction activity on seven acres of disturbed land.  Staff stated that upon notification by the Applicant, three neighboring property owners submitted letters of concern; however, they did not attend the meeting.  Because the facility’s application is complete and the Applicant is in compliance, MDEQ staff recommended issuance of the Permit.

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases and permits to combine:

 Surface Mining Bond Release:

 

Permittee	County	Permit	Staff Recommendation
James Construction Group, LLC	Hinds	P14-005A	Initial 50%
Krystal Gravel, Inc.	Copiah	P13-002	Additional 50%
Martin Meadowlands, LLC	Madison	P10-041AA	Initial 90%
Joe McGee Construction Co., Inc.	Clarke	P12-008	Initial 90%
Joe McGee Construction Co., Inc.	Winston	P13-015	Additional 50%
Memphis Stone & Gravel Company	DeSoto	P03-033	Final 10%
Oddee Smith & Sons, Inc.	Lincoln	P95-091	Final 10%
Talbot Bros. Constr. Co. and Talbot Bros. Grading Co.	Grenada	Pll-012	Initial 10%

Surface Mining Permit to Rescind:

Permittee	County	Permit
Eutaw Construction Company, Inc.	Madison	P1S-007

OFFICE OF LAND AND WATER RESOURCES

The Board approved the Proposed 2016 General Permit for Mississippi River Valley Alluvial Aquifer (MRVA) Groundwater Withdrawals.  The proposed 5-year permit is for irrigation, aquaculture and wildlife habitat enhancement.  A hearing was held on April 21, 2016 with comments accepted until May 21, 2016.  Modifications to the permit were made and incorporated per the comments.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Counsel advised the Board Evidentiary Hearings have been scheduled for the next three permit Board Meetings and that each hearing should be completed in less than a day.

The next Permit Board meeting will be held on October 11, 2016 at 9 a.m.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on July 12, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Mike Bograd, RPG, chaired the meeting.

The Board approved minutes from both the Regular and Special June meetings. Also the Board approved non-controversial actions/certifications by the staff since the May meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases and permits to combine:

Surface Mining Bond Release:

Permittee	County	Permit	Staff Recommendation
Neely Trucking and Excavating	Rankin	P05-019AT	No Additional Release
Dunn Roadbuilders LLC	Forrest	P06-14	Additional 30% Release

Surface Mining Permits to Combine:

Permittee	County	Permit
Business Properties, LLC	Harrison	P80-022T
S&B Industrial Minerals North America, Inc.	Monroe	P99-040T

OFFICE OF POLLUTION CONTROL

Agricultural Branch:

The Board approved issuance of coverage under the AFO General Permit (MSG201874) and issuance of construction under the Storm Water Coverage (MSR107157) for Penny Farm in Lincoln County.  The application proposes eight poultry houses and construction activity on thirteen acres of disturbed land.  Staff stated that upon notification by the Applicant, three neighboring property owners submitted letters of concern; however, they did not attend the meeting.  Because the facility’s application is complete and the Applicant is in compliance, MDEQ staff recommended issuance of the Permit.

Solid Waste and Mining Branch:

The Board approved re-issuance of the Pretreatment Permit (MSP092258) for Waste Management of MS, Inc., Plantation Oaks Landfill and Recycling Center and Natchez Hauling in Adams County.  Staff noted that there are no changes to the existing permit.  A public hearing was held and no one was in opposition.  Based on staff recommendation, the Board approved reissuance of the permit.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Counsel advised the Board that the request for an evidentiary hearing on July 12, 2016 regarding the Starlanding Rubbish Site has been withdrawn and the prior decision is final.

Mr. Roy Furrh, MDEQ General Counsel advised the Board that there will be a hearing on August 9, 2016 regarding the Permit Modification for Drying Facility Asset Holdings.

The next Permit Board meeting will be held on August 9, 2016 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.

 

 

 

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on June 14, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. David H. Snodgrass, RPG chaired the meeting.

The Board approved minutes from the May meeting. Also the Board approved non-controversial actions/certifications by the staff since the May meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases, application, permits to cancel, and permit to transfer

Surface Mining Bond Release:

Permittee	County	Permit	Staff Recommendation
N.L. Carson Construction Co., Inc.	Neshoba	P09-019	Final 10% Release
W.G. Yates & Sons Construction Co.	DeSoto	P13-004T	Additional 80% Release
W.G. Yates & Sons Construction Co.	DeSoto	P14-004	Additional 80% Release
Mississippi Gravel Sales, LLC	Monroe	P08-001A	Additional 30% Release

Surface Mining Application:

Permittee	County	Permit
Lankford Consulting	Harrison	A1911

Surface Mining Permits to Cancel:

Permittee	County	Permit
Neely Trucking & Excavating	Rankin	P10-017A
Lamar County Board of Supervisors	Lamar	P94-045

Surface Mining Permit to transfer:

Permittee	County	Permit
Coastal Mining & Marine LLC Transfer to Pearlington Clay, LLC	Hancock	P06-027AT1

OFFICE OF POLLUTION CONTROL

Construction Branch:

The Board approved issuance of the Modification of Ready Mix Concrete General Permit Coverage (MSG110038) for MMC Materials, Inc. in Horn Lake, DeSoto County.  Upon notification by the Applicant, a neighboring property owner submitted a letter of concern expressing health concerns.  MDEQ replied to the neighboring property owner on June 1, 2016.

Because facility’s application is complete and the facility is currently in compliance, MDEQ recommended issuance of the Modification.

OTHER BUSINESS

The Board unanimously voted to elect Mr. Mike Bograd, RPG, State Geologist and Director of Office of Geology, Mississippi Department of Environmental Quality as Chairman of the Board for 2016-2017 effective after this meeting and Mr. Dennis Riecke of the Mississippi Department of Wildlife, Fisheries & Parks as Vice Chairman.

Mr. Roy Furrh, MDEQ General Council advised the Board that there will be an evidentiary hearing July 12, 2016 regarding the Starlanding Rubbish Sight.  Special Assistant Attorney General, Elizabeth Bolin, Esq. will serve as the Hearing Officer in this matter.

Mr. Roy Furrh stated that MDEQ staff has completed their review of the Water Quality Certification and Stormwater Coverage applications pertaining to the Costco site and asked Board Members if they would be available for a Special Meeting on June 30^th at 9:00 a.m.  Upon confirmation of enough Board members to have a quorum, Mr. Furrh notified everyone that MDEQ will move forward with the Proposed Meeting and that Notice will be given once confirmed.

The next Permit Board meeting will be held on July 12, 2016 at 9 a.m.

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 April 28, 2016, at the offices of the Mississippi Department of Environmental Quality in Jackson.  The Commission approved minutes from the previous meeting held on February 25, 2016.  Following a prepared agenda, items considered were as follows:

Commission Approval of Environmental Covenant

The Commission approved the Environmental Covenant with the U.S. General Services regarding the remediation of property located adjacent to 3505 25^th Avenue, Gulfport, Mississippi, referred to as the “USDA APHIS Laboratory (AI#69227).”   The Site was the former Analytical and Natural Products Chemistry Lab (ANPCL), Center for Plant Science Health and Technology (CPHST).  Environmental Site Assessments have revealed a release of hazardous substances impacting soils and groundwater, in excess of Target Remediation Goals (TRGs).   Therefore, remediation of the site is necessary.  The staff evaluated the proposed Environmental Covenant and believes that, with the conditions and restrictions contained within, the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.

FY2017 Title V Fee Recommendation

The Commission approved MDEQ staff’s recommendation to set the FY2017 Title V permit fee at $47.00 per ton of regulated air pollutants with a minimum fee of $250.00.  A public hearing concerning the fee was held on April 6, 2016.  No comments were received.

Adoption of Amendments to 11 Mississippi Administrative Code, Part 2, Chapter 5, Regulations for the Prevention of Significant Deterioration of Air Quality and Associated Revision to the Mississippi State Implementation Plan for the Control of Air Pollution

The Commission approved staff’s recommendation to adopt the proposed regulation amendments and SIP Revision.  The amendments to 11 Miss. Admin. Code, Pt. 2, Ch. 5, “Regulations for the Prevention of Significant Deterioration of Air Quality” and the associated Revision to the State Implementation Plan for Control of Air Pollution (SIP Revision) involve the adoption, by reference, of recent changes to federal rules in order to keep state regulations consistent with federal requirements.  Specifically, the amendments will remove the portions of the Greenhouse Gas Tailoring Rule which was removed from the federal Prevention of Significant Deterioration of Air Quality (PSD) regulations on August 19, 2015.  A public hearing was held on March 18, 2016 and no comments other than from EPA were received.  EPA’s suggested changes were for clarity purposes and such changes were incorporated in the Amendment.

Stephanie Howard, Executrix of the Estate of Gerald Donald-Request for an Evidentiary Hearing

Hearing Officer Ricky Luke (Assistant Attorney with the Mississippi Attorney General’s Office and the Hearing Officer appointed by the Commission in this matter) presented his Findings and Recommendation for the Commission’s consideration.  The Commission approved Hearing Officer’s recommendation that the oil company (“Defendants”) Motion to Lift Stay and Motion to Dismiss be granted.

A Motion to Lift Stay and Motion to Dismiss were filed by the oil company defendants in the referenced matter.  Stephanie Howard, (“Petitioner”) owns property in Wayne County that she claims is contaminated with naturally occurring radioactive material related to a previous truck washing operation conducted on the site by Davis Brothers.  Petitioner claims that Davis Brothers contracted with the oil company defendants who contaminated the site.  Petitioner filed the current administrative action seeking a Commission ruling that the defendants were responsible for clean-up of her property because the Circuit Court of Wayne County required Petitioner to exhaust her administrative remedies through the Commission before Petitioner would be allowed to pursue her suit for damages in Circuit Court against the oil company defendants.   Petitioner had also filed a lawsuit in federal court for damages related to the alleged contamination.

Petitioner failed to disclose her ownership of the property and the federal and state lawsuits as assets as required in a bankruptcy proceeding she previously filed with the U.S. Bankruptcy Court.  Because Petitioner failed to disclose the property and the lawsuits as assets of her bankruptcy estate, the Bankruptcy Court ruled Petitioner was judicially estopped from pursuing her claims related to the alleged contamination of her property including the administrative claim now pending before the Commission.

The Bankruptcy Court denied Petitioner’s request to stay its decision pending her appeal of the Court’s decision to the U.S. District Court for the Southern District of Mississippi, Southern Division.  The District Court affirmed the Bankruptcy Court’s decision and the Petitioner appealed that decision to the U.S. Court of Appeals, Fifth Circuit. Citing the Bankruptcy Court’s judicial estoppel finding, the U.S. District Court for the Southern District of Mississippi, Eastern Division, dismissed Petitioner’s separate federal lawsuit for damages with prejudice. Before the Bankruptcy Court entered its decision, Petitioner and the oil company defendants entered an Agreed Order with the Commission agreeing to stay this matter. (Agreed Order No. 6304 13, August 27, 2013).

The Commission had previously designated Assistant Attorney General Ricky Luke as a hearing officer in this matter.   Mr. Luke conducted a hearing on the oil company defendants’ Motion to Lift Stay and Motion to Dismiss on December 9, 2015, and allowed extensive briefing on this matter.   The Commission has previously been provided materials for review which included copies of the Commission Agreed Order to Stay, Motion to Lift, Motion to Dismiss, Response, Reply, the transcript for the hearing held before Hearing Officer Luke on December 9, 2015, other Briefing and the Hearing Officer’s Findings and Recommendation to the Commission.

CERTIFICATIONS APPROVED

Asbestos:                     226 certifications

Lead Paint:                   100 certifications

Underground Storage Tanks:             25 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Eleven (9) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

Seventeen (17) 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	$937.50 – $10,000
Construction Stormwater	2	$15,150 – $20,162
Solid Waste	2	$8,400 – $75,000
Surface Mining	1	$5,000
Industrial Stormwater	1	$17,500
Brownfield Agreement	2	None
Wet Deck Log Spray General Permit	1	$15,000
Illegal Dump	1	$28,000

The Commission approved an Order adopting proposed amendments to MDEQ’s regulations for Water Quality Criteria for Intrastate, Interstate and Coastal Waters.

The Commission an Order increasing the exam fee for the wastewater certification examination to $45.

Other Business:  Gary Rikard, MDEQ Executive Director, announced that the Legislature retained funding for the agency at current levels.

The next Commission meeting is scheduled for May 26, 2016 at 9 am.

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 Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on April 12, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. David H. Snodgrass, RPG chaired the meeting.  The Board approved minutes from the March Regular meeting along with non-controversial actions/certifications by the staff since the March meeting.

Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases.

Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Hammett Gravel Company, Inc.	Yazoo	P05-029A	Initial 10% release
Preston Dobbs Truck Service	Monroe	P02-049A	Initial 30% release
Hammett Gravel Company, Inc.	Yazoo	P93-076	Initial 10% release
Hammett Gravel Company, Inc.	Yazoo	P01-027	Initial 10% release
Hammett Gravel Company, Inc.	Yazoo	P02-048	Initial 10% release

Mississippi Lignite Mining Company

The Board approved a revision of a permit expansion for Mississippi Lignite Mining Company.  The approved expansion will include mining in an additional area and a new freshwater diversion.  MDEQ held a public meeting on February 10, 2016 and comments were received from the attendees.  After the meeting, MDEQ received four letters raising concerns about the project.  However, the permit applicant and MDEQ have resolved such concerns.  Noting that the project application was complete and in accordance with all state and federal environmental regulations, MDEQ recommended issuance of the permit.

OFFICE OF POLLUTION CONTROL

Construction and Building Materials Branch

The Board approved a modification for B and B Concrete Company, Inc., Oxford division (MSG110081).  This approval allowed a modification of the facility’s Ready Mix Concrete Permit and associated Storm Water Pollution Prevention Plan (“SWPPP”).  MDEQ staff received two letters of objection from members of the public during the public notice period.  The letters raised concerns about dust, noise, and stormwater runoff.  After addressing these concerns, MDEQ staff noted that the applications for modification of the General Permit and SWPPP were complete and met all technical requirements for federal and state environmental regulations.

OTHER BUSINESS

The Board welcomed Julie McLemore of the MS Dept. of Agriculture and Commerce.  Ms. McLemore will be replacing Jim Lipe. Mr. Roy Furrh, MDEQ Chief Counsel, stated that an evidentiary hearing for Star Landing Rubbish Site in DeSoto County has been requested by two individuals.  The hearing has been scheduled for July 2, 2016.

The next Permit Board meeting will be held on May 10, 2016 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 Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on March 8, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. David H. Snodgrass, RPG chaired the meeting.  The Board approved minutes from the February Regular meeting along with 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 MDEQ staff recommendations, the Board approved the following surface mining bond releases.

Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Columbus Brick Company	Clay	P94-095	Initial 60% Release
Columbus Brick Company	Clay	P84-005	Initial 82% Release
Talbot Bros. Const. Co. and Talbot Bros. Grading Co.	Grenada	P12-007	Initial 60% Release

Surface Mining Permits to Transfer:

Permittee	County	Permit	Staff Recommendation
Kyle M. Mallette (Ms. Haidee Oppie Sheffield, Administrator of Estate) transfer to Jackie L. Richards, Jr.	Jackson	P98-057A	Approved
Buford Partners, L.P. transfer to Mississippi Sand Solutions, LLC	Warren	P80-005T2	Approved

Surface Mining Permit:

James Matheny, with the Office of Geology presented the Surface Mining Permit Application of Lee Allen and Associates, LLC (Hinds County, Permit Number A1929) to the Permit Board.  The Application is a modification/expansion of a previously-exempt 4 acre surface mine and proposes to open pit mine 50 acres to a total depth of 10 feet for borrow material.  There were two Visitors from the Presidential Hills Subdivision who spoke in opposition.

Board members posed questions on several potential issues including (but not limited to):

• Zoning;
• Stormwater Permit;
• Buffer Zone;
• Notification of adjoining property owners as well as State and Federal Agencies;
• Environmental Justice;
• Increased drainage into the Bogue Chitto Creek, and
• Reclamation Plan

The Board approved a motion to continue the matter until the Applicant submits documentation from the City of Jackson that the subject property is properly zoned for a surface mine and also submits a more detailed engineering analysis as to the runoff rates, stormwater control and flooding issues.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ Legal Counsel stated that the Star Landing Rubbish Site matter (DeSoto County) will be scheduled for the May 10^th or June 14^th meeting.  He also reminded the Board to file their Statements of Economic Interest.

The next Permit Board meeting will be held on April, 2016 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 Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on February 9, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. David H. Snodgrass, RPG chaired the meeting.  The Board approved minutes from the January regular meeting along with 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 MDEQ staff recommendations, the Board approved the following surface mining bond releases and permit to transfer.

Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Burns Dirt Construction, Inc.	Oktibbeha	P13-010	Final 50% release
Hammett Gravel Company, Inc.	Holmes	P97-027	Final 20% release
Hammett Gravel Company, Inc.	Holmes	P98-004	Final 20% release

Surface Mining Permit to Transfer:

Permittee	County	Permit	Staff Recommendation
Riverwind Construction, Inc., requests that P08-036 be transferred to Sikes Equipment Company, LLC	Rankin	P08-036	Approval of transfer

OFFICE OF POLLUTION CONTROL

Liza Ouzts, MDEQ Senior Attorney, informed the Board that the Findings of Fact and Conclusions of Law have been completed subsequent to the evidentiary hearing that was held in September 2015 regarding the NPDES permit issued to the West Rankin Utility Authority (MS0061743).  Following the hearing, the Board affirmed the issuance of the NPDES permit.  Copies of the Findings of Fact and Conclusions of Law were submitted to West Rankin Utility Authority and the City of Jackson.  Both parties made comments regarding elements of the hearing that were absent from the Findings of Fact and Conclusions of Law.  Consequently, MDEQ staff developed a redline version that incorporated the requested elements.

Pursuant to the MDEQ staff recommendation, the Board voted to accept the redline version of the Findings of Fact and Conclusions of Law.

OTHER BUSINESS

Mr. Roy Furrh, MDEQ General Council, reminded Board members to submit their statements of interest.

The next Permit Board meeting will be held on March 8, 2016 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 Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on January 12, 2016 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. David H. Snodgrass, RPG chaired the meeting.  The Board approved minutes from the December Regular meeting along with 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 MDEQ staff recommendations, the Board approved the following surface mining bond releases.

Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Eutaw Construction Company, Inc.	Monroe	P96-002T	Final 10% release
Eutaw Construction Company, Inc.	Monroe	P97-018T	Final 10% release
King Equipment & Dozer Services, LLC	Jasper	P08-006	Additional 20% release
S&B Industrial Minerals North America	Monroe	P00-041T	Final 10% release
Valley Gravel Company	Lowndes	P97-039	Initial 10% release

OFFICE OF POLLUTION CONTROL

Construction and Building Materials Branch

The Board approved coverage for OFP Match Worx Shooting Facility in Leake County under the Construction Stormwater General Permit (MSR107027).  MDEQ staff stated that this facility was cited in October 2015 for conducting land-disturbing activities on a site larger than 5 acres without a permit.  Since this time, the facility developed a SWPPP and submitted a Notice of Intent (NOI) to MDEQ.  Staff have reviewed the facility’s SWPPP and NOI and stated that it is complete.  Further, the facility has appropriate plans for safety and hours of operation.

Several visitors attended the meeting and stated their concerns regarding the proposed shooting range.  These included water contamination, air pollution, and safety and noise disturbances.  Visitors also asked that MDEQ hold a public hearing before issuing coverage. Mr. Snodgrass of the Board noted that this facility was requesting a general permit—which has no public hearing requirement.  Further, Mr. Snodgrass clarified that the Board was not responsible for local landuse and zoning decisions.  The Board approved the coverage based on MDEQ staff recommendation that all environmental requirements are now satisfied.

Solid Waste and Mining Branch

The Board approved a reissuance of the Solid Waste Permit for Unified Waste Systems, L.L.C., Starling Rubbish Disposal Facility (SW0170020518).  This as a 55-acre Class I rubbish disposal site located in DeSoto County.  Standard permits for Class I facilities allow operation for a 10-year period.  MDEQ staff stated that this permit contains language allowing the facility to operate for 5 years (until July 7, 2019).  After this time, the facility must obtain a conditional use approval from the DeSoto County Board of Supervisors and submit such approval to MDEQ to continue operation.

A resident of DeSoto County addressed the Board, requested an additional public meeting and time for review of the permit, and voiced concerns about the current operation of the site.  Concerns included a report of unauthorized waste being accepted at the site and an alleged fire within the landfill.  The resident is also concerned the facility would endanger nearby schools and negatively impact future development.  The Board clarified that it is not in charge of local zoning, but rather ensures compliance with state and federal environmental regulations.  Further, the permit contains special language that requires the facility to provide documentation of the local Board of Supervisor’s continuing approval of the site.

MDEQ staff inspected the facility on January 6, 2016 and found no compliance issues and no physical evidence of a fire in the landfill.  The Board approved the permit based on the MDEQ Staff’s recommendation that all environmental requirements are satisfied.

Joint Matter of the Office of Geology and the Office of Pollution Control

The Board approved the Surface Mine application (A1927) and modification of the Mining Stormwater Coverage (MSR322500) for Pierce Construction and Contract Hauling, Inc., Tucker Mine in Monroe County.  MDEQ staff stated that the modification would allow a 23-acre mine for borrow material.  A public hearing was held in Monroe County in December 2015.  At the hearing, attendees expressed concerns regarding traffic near the facility and the number of permitted mine sites near Hamilton, MS.  However, MDEQ Staff explained that there are only 1 permitted surface mine and 3 “exempt” sites (less than 4 acres) located near Hamilton.

MDEQ staff stated that the facility has met all requirements for modification of the facility and recommended the Board’s approval.  The Board separately approved the facility’s Surface Mining Permit and modified the Mining Stormwater Coverage.

OTHER BUSINESS

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

The next Permit Board meeting will be held on February 9, 2016 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.

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