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 December 8, 2015 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 November Regular meeting along with non-controversial actions/certifications by the staff since the November 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, bond application, and permits to rescind.

Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Eutaw Construction Company	Clay	P13-002	Initial 50% release
South Byram Properties, Inc.	Hinds	P06-009	Initial 20% release
Eutaw Construction Company	Lee	P01-008	No additional release

Surface Mining Bond Application:

Permittee	County	Permit	Staff Recommendation
APAC-Mississippi, Inc.	Yazoo	A1928	Approved

Surface Mining Permit to Rescind:

Permittee	County	Permit	Staff Recommendation
RaCon, Inc.	Lowndes	P10-007	Rescind
RaCon, Inc.	Lowndes	P10-015	Rescind
RaCon, Inc.	Lowndes	P10-016	Rescind
RaCon, Inc.	Lowndes	P10-025	Rescind

MDEQ Staff recommended that Fuller Pit, LLC in Tishomingo County, No. P94-068T1 combine Permit Nos. P94-068T1 and P94-065T1, rescind P94-065T1, and retain P94-068T1 as the final Permit Number.

OFFICE OF POLLUTION CONTROL

No items on the agenda

OTHER BUSINESS

MDEQ reported that a draft version of the Findings of Facts from the Evidentiary Hearing regarding the Board’s issuance of the NPDES Permit MS0061743 to the West Rankin Utility Authority (“WRUA”) is not complete at this time.  They anticipate bringing this matter back before the Board at either the January or February 2016 meeting.

The next Permit Board meeting will be held on January 12, 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 November 10, 2015 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 September Special and Regular meetings along with non-controversial actions and certifications by the staff since the September 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
TCB Construction Company	Harrison	P03-046	Initial 80% Release
Hammett Gravel Company, Inc.	Holmes	P-98-023	Final 30% Release
Hammett Gravel Company, Inc.	Holmes	P-02-039	Final 30% Release
Hammett Gravel Company, Inc.	Holmes	P-03-006A	Final 30% Release

OFFICE OF POLLUTION CONTROL

No items on the agenda

OTHER BUSINESS

MDEQ staff reported that during their meeting of October 22, 2015 the Mississippi Commission on Environmental Quality was notified of the new public records regulations ensuring fees remain consistent with those of other state agencies.  These new regulations are to be effective November 23, 2015.

MDEQ staff also reported that a draft version of the Findings of Facts from the Evidentiary Hearing regarding the Board’s issuance of the NPDES Permit MS0061743 to the West Rankin Utility Authority (“WRUA”) should be completed by the end of this week and sent to WRUA and the City of Jackson for their review and comment.  They anticipate bringing this matter back before the Board for the meeting of December 8, 2015.

The next Permit Board meeting will be held on December 8, 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 October 22, 2015, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Van Devender, Chair, called the meeting to order.  The Commission approved minutes from the previous meeting held on August 27, 2015.  Following a prepared agenda, items considered were as follows:

Commission Approval of Brownfield Consulting Firms

The Commission approved applications for the following two firms requesting to be listed as Brownfield Consulting Firms based on staff recommendation.

FC&E Engineering, LLC

PO Box 1774

Brandon, MS 39043

Waggoner Engineering, Inc.

103-A Lefleurs Square

Jackson, MS 39211

Commission Approval of Environmental Covenant

The Commission approved the Environmental Covenant for the Davis Timber Company Superfund Site in Lamar County, MS based on staff recommendation.  The Covenant is between the Commission, Gayle and Tommy M. Davis and the United States Environmental Protection Agency regarding the remediation of property located on Jackson Road in Hattiesburg.

The restrictions in the proposed Environmental Covenant will allow the site to be used as a community-based animal shelter. MCEQ staff believes that with the conditions and restrictions contained in the Covenant, the site will be in compliance with Federal and State laws and standards and will be protective of public health and the environment.  Further, MCEQ staff noted that this project has been recognized for excellence in supporting resource reuse.

2015 Triennial Review:  Proposed Amendments to Mississippi’s Water Quality Standards

Mike Freiman, P.E. of MDEQ staff described the modifications that are anticipated in the 2015 triennial review.  MDEQ is required to update the state’s water quality standards document every three years.  The anticipated changes are (1) an update of the bacterial indicator for freshwaters from fecal coliform to e.coli, and (2) minor revisions to the language regarding pH criteria.  The public comment period for the proposed revisions in currently underway and a public hearing is scheduled for November 5, 2015.

Mississippi’s Priority Framework for Listing Priority Watersheds

MDEQ staff presented an update to the Commission on MDEQ’s efforts to prioritize watersheds in response to an EPA initiative.  In response, MDEQ has developed a multi-program approach to set planning priorities for watershed protection and restoration.

Commission Approval of Hazardous Waste Management Regulation Amendments

The Commission approved the adoption of amendments to Mississippi’s hazardous waste regulations presented by MDEQ staff.  The amendments included the following:  (1) management criteria for cathode ray tubes, (2) criteria regarding carbon dioxide streams when used for carbon sequestration, and (3) implementation of electronic manifest systems.  A public hearing on the amendments was held on September 15, 2015 and no comments were received.

Adoption of Amendments to “Regulations Regarding the Delegation of Authority from the Mississippi Commission on Environmental Quality to the Executive Director of the Mississippi Department of Environmental Quality.”  11 Miss. Admin. Code Ch. 1, Pt. 1.

The Commission approved proposed amendments to Mississippi Regulations Regarding the Delegation of Authority from the Mississippi Commission on Environmental Quality to the Executive Director of the Mississippi Department of Environmental Quality.  The amendments allow the following changes:  (1) clarification of the Executive Director’s authority to issue orders pursuant to the Mississippi Surface Coal Mining and Reclamation Law; (2) authority to enter into reciprocity agreements with other states related to certifications; (3) authority to issue administrative orders to require compliance of water well drillers operating in violation of Mississippi law, regulations or other Orders; (4) authority to execute, approve and amend environmental covenants (5) authority to delegate the authority to sign Commission Orders to the Chief of Staff; (6) authority to re-issue, deny or revoke Asbestos Certifications and approve Asbestos Abatement Training Programs; (7) authority to re-issue, deny or revoke Underground Storage Tank (“UST”) Certifications to individuals authorized to install, alter and/or close USTs; (8) authority to re-issue, deny, or revoke Landfill Operator and Class I Rubbish Site Operator Certifications, Wastewater Operator Certifications, Wastewater Training Programs, Water Well Driller Licenses, Lead Certifications, and Lead-Based Paint Activities Training Programs; (9) authority to requisition and use funds in the Nonhazardous Solid Waste Corrective Action Trust Fund and Waste Tire Abatement Funds; (10) authority to discharge or exercise any power or duty granted to the Commission by the provisions of the Surface Coal Mining and Reclamation Law; and (11) authority to approve and award Regional Recycling Cooperative Grants and Nonhazardous Solid Waste Corrective Action Fund Cooperative Agreements.

A public hearing on the proposed amendments was held on October 14, 2015 and no comments were received.

Adoption of Amendments to “Regulations Regarding the Review and Reproduction of Public Records.” 11 Miss. Admin. Code Ch. 1, Pt. 2.

The Commission approved proposed amendments to Regulations Regarding the Review and Reproduction of Public Records.  The amendments provide clarity and further detail about how public records requests can be made and how MDEQ processes such requests.

CERTIFICATIONS APPROVED

Asbestos:                     188 certifications

Lead Paint:                  119 certifications

Underground Storage Tanks:            18 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

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

ADMINISTRATIVE ORDERS APPROVED

There have been the (10) 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	1	$2,500
Large Construction Stormwater	2	$4,000 – $5,000
Solid Waste	2	$0 – $4,000
Ready Mix Concrete	1	$8,800

Reneptco II, LLC of Bay Springs, MS was assessed a civil penalty of $87,500 for polluting state waters due to a well control event that released crude oil into waters of the State.

An order confirmed the Commission’s adoption of the amendments to “Regulations for Ambient Air Quality Nonattainment Areas” and the associated Revision to the MS State Implementation Plan (SIP Revision).

An order confirmed the approval of the comprehensive update of the Jefferson County Solid Waste Management Plan.

An order adopted the Water Pollution Control Revolving Loan Fund Program’s Final Intended Use Plan (IUP) for fiscal year 2015.

The Commission entered into an executive session to discuss pending litigation.

The next Commission meeting is scheduled for December 2, 2015.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes, PLLC, 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 September 8, 2015 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 August meeting. Also the Board approved non-controversial actions/certifications by the staff since the August 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 transfer.

Surface Mining Bond Release:

Permittee	County	Permit	Staff Recommendation
Eutaw Construction Company	Monroe	P98-025	Initial 80% Release
Hammett Gravel Company	Holmes	P00-019	Final 30% Release
Hammett Gravel Company	Holmes	P00-059	Final 40% Release
Lloyd G. Spivey, Jr.	Madison	P02-014	Final 10% Release
Dubois Dozer & Dirt, Inc.	Rankin	P06-015	Additional 30% Release
Dubois Dozer & Dirt, Inc.	Rankin	P06-031	Final 50% Release
Dubois Dozer & Dirt, Inc.	Rankin	P08-012A	Initial 60% Release

Surface Mining Permit to Rescind:

Permittee	County	Permit
Standard Gravel Company, Inc.	Forrest	P08-002
Edgin Construction, Inc.	Adams	P07-008

OFFICE OF POLLUTION CONTROL

Construction Branch:

The Board approved issuance of the Modification of Asphalt General Permit Coverage (MSR700098) for Huey P. Stockstill, LLC, Picayune Ready Mix and Asphalt Plant.  Upon notification by the Applicant, a neighboring property owner submitted a letter of concern requesting that the Applicant locate the facility a less-populated area. The letter did not express any environmental concerns.  Because facility’s application is complete and the facility is currently in compliance, MDEQ recommended issuance of the Modification.

Solid Waste Management and Mining Branch:

The Board approved Reissuance of Solid Waste Permit (SW009010B0302) for Waste Management of Mississippi, Inc., Prairie Bluff Sanitary Landfill and Recycling Center in Chickasaw County. A public hearing on the permit was held, and there was no opposition at the hearing.   Because the facility’s application is complete and the facility is currently in compliance, MDEQ staff recommended reissuance of the Permit.

Agricultural Branch:

The Board approved modification of coverage under the AFO General Permit (MSG201834) and Storm Water Coverage (MSR106963) for GottaGo Poultry in Copiah County.  The modification will include eight poultry houses and construction activity on twelve acres of land.  Staff stated that upon notification by the Applicant, a neighboring property owner submitted a letter of concern regarding health risks.  Because the facility’s application is complete and the facility is currently in compliance, MDEQ staff recommended issuance of the modification.

Solid Waste Policy, Planning, and Grants Branch:

The Board approved the proposed Statewide General Permit for Biosolids Land Application (SWGP-BLA).  Sites approved under this permit must meet the siting and operational standards established by the Mississippi Nonhazardous Solid Waste Management Regulations as well as Federal Standards for the Use and Disposal of Sewage Sludge.  Facilities approved under the General Permit will be required to prevent run-off and limit public access and livestock grazing.

MDEQ received three comments at public hearing on the draft General Permit held on August 4, 2015. In addition, two letters of concern were submitted to the agency.  The stated concerns included sludge application methods, the possibility of runoff from application sites, and the advantage of a general permit compared to an individual permit.

In response to questions from the Board, MDEQ Staff stated that the General Permit will require application methods that are similar to the individual permits already in place:  biosolids will be tested prior to application, buffers between adjacent land will be required, and access to application sites will be limited.  Further, the General Permit will allow MDEQ to require monitoring of nearby streams and groundwater when site-specific conditions warrant such monitoring.  Consistent with the current process for individual biosolids application permits, issuance of coverage under the General Permit will not require notification of contingent landowners.  Finally, MDEQ Staff stated that they will require individual permits for biosolids application on sensitive areas or areas subject to significant public interest.

Following discussion, the Board approved the proposed General Permit with Mr. Dennis Reike voting in opposition.  Mr. Reike stated he opposed the permit because it does not require groundwater and surface water monitoring and notification of contingent landowners at all permitted sites.

OTHER BUSINESS

MDEQ stated that the agency is reviewing records requests and may make changes if needed to ensure that fees remain consistent with those of other state agencies.

Minutes from the West Rankin Utility Authority Evidentiary Hearing will likely be available at the October 2015 Permit Board meeting.  In addition, a draft version of the Findings of Facts will likely be available in November 2015.

The next Permit Board meeting will be held on October 13, 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 August 27, 2015, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Chat Philips recognized W. J. Van Devender as the newly elected Commission Chair.  Mr. Van Devender called the meeting to order.  The Commission approved minutes from the previous meeting held on May 28, 2015.

Following a prepared agenda, items considered were as follows:

 Adoption of a Revision to the State Implementation Plan (SIP) and Amendments to 11 Mississippi Administrative Code, Part 2, Chapter 11, “Regulations for Ambient Air Quality Nonattainment Areas”

 The Commission approved the proposed SIP revisions and regulations amendments.  The revisions correct a source applicability error in the regulations and add clarifying language regarding emission controls in nonattainment areas.  MDEQ held a public hearing on July 2, 2015 concerning the proposed revisions and amendment.  No comments were received.

Water Pollution Control Revolving Loan Fund (WPCRLF) Program, Conditional Adoption of FY-2015 Intended Use Plan

The Commission conditionally approved the FY-2015 Intended Use Plan (IUP) subject to completion of the required public notice period and public hearing and provided that any public commends are resolved without significant changes.  The conditional approval stems from MDEQ’s obligation to finalize the FY-2015 IUP prior to September 30, 2015.  Tony Caldwell of MDEQ staff stated that the draft IUP is currently at public notice, and a public hearing is scheduled for September 22, 2015.

The IUP identifies loan funds available to Mississippi communities for constructing wastewater infrastructure along with the loan interest rate, program deadlines, and other information.  The FY-2015 IUP reflects new federal requirements with apply to loans issued in FY-2015 and after.

Commission Approval of Brownfield Obligation Transfer

The Commission approved the transfer of obligations in Brownfield Agreement #5958-11 from the City of Picayune and Stockstill Brothers Investments, LLC to Huey P. Stockstill, LLC.  This agreement governs remediation of the Arizona Chemical Facility in Picayune.  In accordance with Rule 2.1.5.C of Part 3, Chapter 2:  Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi, the parties have jointly petitioned the Commission that Huey P. Stockstill, LLC has the financial, managerial, and technical resources to complete performance of the Agreement.

MDEQ 2017-2021 Strategic Plan

MDEQ has developed a Strategic Plan for Fiscal Years 2017-2021 as required by the Mississippi Performance Budget and Strategic Planning Act of 1994.  MDEQ’s Strategic Plan includes a “clear and concise blueprint” along with performance measures for how the agency will protect human health and the environment over the next several years.  A copy of the Plan was provided to each Commissioner.

Gary Rikard recognized Mr. Trey Hess as MDEQ’s leader in developing the Plan.  Mr. Rikard requested that each Commissioner take the opportunity to read the Plan before approving it in a later meeting.

Hurricane Katrina Anniversary Presentation to the Commission

Richard Harrell and other MDEQ staff members delivered a presentation to the Commission commemorating the 10-year anniversary of Hurricane Katrina.  At the start of the presentation, Mr. Harrell stated that Katrina caused $125 billion in damages to Mississippi in 2005.  Presenters described MDEQ’s efforts to clean up these damages and assist with meeting basic needs for affected Mississippians while protecting the environment.  Staff recalled efforts to dispose of massive amounts of solid waste, restore drinking water supplies, and restart wastewater treatment facilities in the days following Katrina.  Presenters recognized the valiant efforts of MDEQ staff deployed to coastal counties along with those who remained in Jackson to carry out the core functions of MDEQ.

CERTIFICATIONS APPROVED

Asbestos:                     364 certifications

Lead Paint:                  131 certifications

Underground

Storage Tanks:            34 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Eight (8) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

There have been fifty (50) 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	4	$0 – $45,500
Large Construction Stormwater	2	$5,000 – $10,000
Air	8	$7,500 – $76,110
Solid Waste	1	$3,000
Ready Mix Concrete	1	$5,000
Baseline Stormwater	2	$10,00 – $20,000
UST	4	$500 – $5,000
Water Well Drillers	4	$0 – $2,340

The Commission entered into an executive session to discuss pending litigation.

The next Commission meeting is scheduled for September 24, 2015.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes, PLLC, 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 August 11, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. David Snodgrass, RPG chaired the meeting. The Board approved minutes from the July meeting and all non-controversial actions/certifications by the staff since the July meeting.  Following a prepared agenda, items considered were as follows:

OFFICE OF GEOLOGY

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

Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Ellis Construction Company, Inc.	Lowndes	P06-016	Initial 90% release
Ellis Construction Company, Inc.	Lowndes	P01-025	Initial 90% release
Ellis Construction Company, Inc.	Lowndes	P91-007	Initial 90% release
Ellis Construction Company, Inc.	Lowndes	P93-117	Initial 90% release
Neely Trucking & Excavating	Rankin	P10-017A	Initial 50% release
Parker Sand and Gravel	Lowndes	P00-031	Final 30% release
Memphis Stone & Gravel Company	DeSoto	P80-026	Final 20% release
Memphis Stone & Gravel Company	DeSoto	P85-004	Final 39% release
P & P Sand and Gravel	Marion	P08-008AAA	Additional 50% release
Eutaw Construction Company, Inc.	DeSoto	P13-020	Initial 90% release
Eutaw Construction Company, Inc.	DeSoto	P13-021	Initial 20% release

The staff also moved and the Board approved a motion to delay approval of any bond release for Mississippi Rocks, Inc. P07-020 in Marion County to allow additional time for staff review.

OFFICE OF POLLUTION CONTROL

Agricultural Branch

The Board approved the Modification of Coverage of the CAFO Multi-Media General Permit (MSG220032) for Prestage Farms, Inc., Number 12 in Chickasaw County.  The modified facility would include 3 additional sow barns, requiring disturbance of an additional 3 acres.  Staff stated that upon notification by the Applicant, a contingent property owner submitted a letter that noted odors and disturbance of Indian artifacts as issues of concern.  However, this landowner did not attend the Board meeting.

MDEQ staff noted that the Application is complete and that all required buffer zone distances between the modified facility and neighboring property and dwellings are within the technical requirements of MDEQ Regulations.  MDEQ staff performed a Site Inspection of the proposed location in July 2015.  Because the applicant is in compliance with all requirements, MDEQ recommended modification of the permit.  After discussion, the Board approved the modification.

Solid Waste Management and Mining Branch

The Board approved Modification of the Individual NPDES Stormwater Permit (MSS058149) for the City of Louisville Solid Waste Landfill in Winston County.  The modified permit will include 1 additional stormwater outfall, for a total of 4 outfalls.  The additional outfall will discharge non-contact stormwater to the Little Noxubee River, which is not listed on the State’s Section 303(d) List of Impaired Waters.

MDEQ staff noted that a public hearing on the modified permit was held on July 30, 2015, and no comments were received.  Noting that the application is complete and meets all requirements, MDEQ staff recommended approval of the modified permit.  After discussion, the Board approved the modification.

OTHER BUSINESS

Roy Furrh, MDEQ General Council, reminded attendees of the evidentiary hearing to consider issuance of the West Rankin Utility Authority NPDES Permit No. MS0061743.  The hearing is scheduled for September 1-2, 2015 beginning at 9 a.m.  Mr. Furrh indicated that 10 to 15 witnesses are expected to testify at the hearing.

The next Permit Board meeting will be held on September 8, 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 Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on July 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 June meeting. Also the Board approved non-controversial actions/certifications by the staff since the June meeting with the following exception.  The Board stated that MDEQ is delaying issuance of the permit for United Waste Systems, Star Landing Rubbish Disposal Facility in DeSoto County (Agency Interest No. 19063) pending additional consideration of an objection letter received from the DeSoto County Board of Supervisors.

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 release and permits to transfer.

Surface Mining Bond Release:

Permittee	County	Permit	Staff Recommendation
J.J. Ferguson Sand and Gravel	Carroll	P87-009	Final 10% Release

Surface Mining Transfers:

Permittee	County	Permit
DK Aggregates, LLC, transfer to Wet Mine Assets Holding, LLC with new permit number P04-007AT	Hancock	P04-007A
DK Aggregates, LLC, transfer to Wet Mine Assets Holding, LLC with new permit number P04-008AT	Hancock	P04-008A
DK Aggregates, LLC, transfer to Wet Mine Assets Holding, LLC with new permit number P04-003AT	Hancock	P04-003A

Surface Mining Applications

After discussion, the Board approved the Surface Mine Applications (A1913 and A1914), along with the associated Mining Storm Water General Permits, for W.S. Red Hancock (Applicant) in Yazoo County, MS.  The approved permits will allow the Applicant to conduct the following activities:

• Permit A1913.  Four acres of point bar mining on Perry Creek.
• Permit A1914.  Five acres of point bar mining on Perry Creek with the addition of eight acres of open pit mining for borrow material.

James Matheny of MDEQ staff stated that Perry Creek is a tributary of the Yazoo River.  The Applicant has developed an acceptable remediation plan to allow natural regeneration of the creek. In addition, the permit is subject to special conditions developed by the Office of Geology.  Although mining in perennial streams in no longer common in Mississippi, Mr. Matheny stated that the permit application was complete and met all requirements of the Office of Geology.  Thus, MDEQ staff recommended approval of the permit.

In additional discussion, Mr. Matheny stated that the subject mine was above the ordinary high water mark established by the U.S. Corps of Engineers (Corps).  The Corps is planning to conduct an additional high water inspection, after the Applicant flags the mining area, prior to commencement of mining operations.  The applicant has conducted a mussel survey in cooperation with the U.S. Fish and Wildlife Service, an upland survey in cooperation with the Mississippi Department of Archives and History, and a review of species of concern with the Mississippi Department of Wildlife, Fisheries, and Parks.

Mr. Shannon Lowery, Environmental, Health, and Safety officer for W.S. Red Hancock, addressed the Board on behalf of the Applicant.  Mr. Lowery stated that the Applicant has addressed the concerns of state and federal agencies in preparing its application.  The Applicant has also met all requirements of MDEQ’s Office of Geology for its mining permits and MDEQ’s Office of Pollution Control for its storm water permits.  The Applicant confirmed that they were in agreement with the special conditions  placed in the permit by the Office of Geology and stated that their mining activities would be conducted in a manner that will minimize environmental impact.

OFFICE OF POLLUTION CONTROL

Agricultural Branch

The Board approved the Issuance of Coverage of the AFO General Permit (MSG201826) and the Issuance of Storm Water Coverage (MSR106924) for Peytons Place Poultry in Simpson County.  The proposed facility will include 6 poultry houses and construction activity on 7.9 acres of property.  Staff stated that upon notification by the Applicant, a neighboring property owner submitted a letter of concern.  A representative of this neighbor addressed the Board and stated that the neighbor’s concerns were the proposed facility’s negative impact on their “family values,” personal health issues such as asthma, and worry about the transmission of avian influenza.  After the neighbor’s representative spoke, Mr. Lipe of the Mississippi Department of Agriculture and Commerce stated that avian influenza does not presently transfer to humans, and that his agency is working with poultry producers to develop biosecurity plans to combat the spread of the disease among poultry species.

In response to the neighbor’s concerns, Mr. Peyton Little (Applicant) addressed the Board.  The Applicant stated that he planned to maintain his proposed facility in accordance with all MDEQ requirements.  In response to a question from the Board, Ms. Tomkins of MDEQ staff stated that the proposed area for the poultry houses is separated by a forested buffer zone on all sides.  As a compromise, to address the neighboring property owner’s concerns, the Applicant agreed to maintain the trees and other vegetation in the surrounding buffer zone.  The Board expressed its appreciation to Mr. Little for agreeing to maintain the forested buffer zone even though it exceeds the regulatory requirements of the Dry Litter Poultry Animal Feeding Operation Multimedia General Permit.  The Board requested that MDEQ staff incorporate the Applicant’s commitment to retain the forested buffer zones into the Applicant’s final permit.

After discussion, MDEQ staff noted that the Application is complete and meets all technical requirements of MDEQ Regulations.    Because the applicant is in compliance with all requirements, MDEQ recommended issuance of the permit.

Solid Waste Management and Mining Branch

The Board approved issuance of a State Operating Permit (MSU215001) for Waste Management of MS, Inc., Pecan Grove Landfill and Recycling Center and Rubbish Site in Harrison County.  The new permit will allow the facility to treat its leachate onsite and apply it to areas within the facility’s footprint for irrigation and dust control.  The permit’s application rate will prevent any runoff of treated leachate from the facility’s boundaries.  The site formerly collected and transported leachate offsite for treatment.

MDEQ staff stated that the facility’s application is complete and that a public hearing on the permit was held on July 7, 2015.  There were no attendees at the permit board meeting.

OTHER BUSINESS

David Snodgrass, RPG was elected as chairman of the Board and Michael Bograd, RPG was elected vice-chairman for the next 1-year term.

Roy Furrh, MDEQ General Council, reminded the Board and attendees that the evidentiary hearing for the West Rankin Utility Authority NPDES Permit No. MS0061743 is scheduled for September 1-2, 2015, beginning at 9 a.m.

The next Permit Board meeting will be held on August  11, 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 Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on June 11, 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 May meeting and all 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 staff’s recommendations, the Board approved the following surface mining bond releases and permit to transfer.

Surface Mining Bond Releases:

Permittee	County	Permit	Staff Recommendation
Blain Sand and Gravel Co.	Lawrence	P99-050	Final 10% Release
Green Brothers Gravel	Copiah	P96-072	Additional 20% Release
Green Brothers Gravel	Copiah	P00-026A	Additional 20% Release
Green Brothers Gravel	Marion	P02-052A	Additional 15% Release
Green Brothers Gravel	Marion	P07-003A	Final 10% Release
Green Brothers Gravel	Marion	P08-0100AAA	Initial 15% Release
Green Brothers Gravel	Copiah	P08-015AA	Initial 25% Release
Green Brothers Gravel	Copiah	P09-021A	Additional 20% Release
Green Brothers Gravel	Copiah	P09-005A	Additional 20% Release
Joe McGee Construction Co., Inc.	Madison	P06-024	No Additional Release
Joe McGee Construction Co., Inc.	Chickasaw	P07-004	Final 10% Release
Joe McGee Construction Co., Inc.	Chickasaw	P08-011	No Additional Release
Joe McGee Construction Co., Inc.	Winston	P13-015	Initial 60% Release
Joe McGee Construction Co., Inc.	Newton	P10-031	Initial 60% Release
Tanner Construction Co., Inc.	Jefferson Davis	P96-016T	No Additional Release
Tanner Construction Co., Inc.	Lawrence	P04-050	Final 10% Release
Tanner Construction Co., Inc.	Lawrence	P07-005A	Additional 10% Release
Tri-State Jackson Lands, LLC	Hinds	P06-008T	Initial 90% Release

Surface Mining Transfer:

Permittee	County	Permit
APAC-Mississippi, Inc., transfer to David Honnell with new permit number P04-021T3	Panola	P04-021T2

OFFICE OF POLLUTION CONTROL

Agricultural Branch

The Board approved the Issuance of Coverage of the AFO General Permit (MSG201818) and the Issuance of Storm Water Coverage (MSR106885) for Justin Horn Poultry in Lamar County.  The proposed facility would include 6 poultry houses construction activity on 7.6 acres of property.  Staff stated that upon notification by the Applicant, three nearby property owners submitted letters of concern.  Three parties attended the meeting and stated their concerns to the Board:  odors for the chicken houses, composting, and litter application; concerns about water quality due to runoff; decreasing property values; and aggravation of health problems.  MDEQ staff noted that the Application is complete and that all required buffer zone distances between the proposed facility and neighboring property and dwellings are within the technical requirements of MDEQ Regulations. MDEQ staff performed a Site Inspection of the proposed location.  Because the applicant is in compliance with all requirements, MDEQ recommended issuance of the permit.  After discussion, the Board approved the proposed permits.

OTHER BUSINESS

Roy Furrh, MDEQ General Council, stated that the evidentiary hearing for tDry Asset Facility Holdings, LLC (Pearl River County) Permit Transfer application has been postponed because the facility submitted a revised application for its water quality certification. The hearing will be rescheduled after MDEQ staff review the revised application.

Upon a request by the City of Jackson, MDEQ has scheduled an evidentiary hearing for the West Rankin Utility Authority NPDES Permit No. MS0061743.  The hearing is scheduled for September 1-2, 2015, beginning at 9 a.m.

The next Permit Board meeting will be held on July 14, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes, PLLC, 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 April 23, 2015, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on February 26, 2015.

Following a prepared agenda, items considered were as follows:

COMMISSION APPROVAL OF REICHHOLD ENVIRONMENTAL COVENANT

The Commission approved an environmental covenant in which Reichhold, Inc., will place in the public land records of Harrison County as part of the final EPA-approved remediation of Reichhold’s resin plant in Gulfport, Mississippi.

COMMISSION APPROVAL FOR REGULATORY VARIANCE

After a short demonstration by Tronox, LLC, the Commission approved a regulatory variance to allow Tronox to construct its proposed on-site non-hazardous solid waste landfill with a constructed clay sublayer instead of the natural geology requirement.

PILOT TRAVEL CENTERS LLC PROPOSED ORDER

The Commission adopted and approved an order proposed by the MDEQ staff to memorialize the Commission’s prior decision denying Pilot Travel Centers LLC’s request for eligibility under the Mississippi Groundwater Protection Trust Fund for assessment and remediation of Pilot’s underground storage tank (UST) site in Moss Point, Mississippi.

CERTIFICATIONS APPROVED

Asbestos:                     240 certifications

Lead Paint:                  141 certifications

Underground

Storage Tanks:            22 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Seven (7) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

Twenty (20) 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	1	$1,500
Large Construction Stormwater	3	$5,000 – $7.500
Air	5	$4,875 – $50,000
Hazardous Waste	1	$7,425
Ready Mix Concrete	1	$2,500
Baseline Stormwater	1	$7,500

Order No. 6503 15 set the annual Title V air permit fee for fiscal year 2016 at $41/ton, with a minimum fee of $250.  The Commission approved the amount at the February meeting of the Commission and subsequently issued an administrative order within a few days after the February meeting so that the matter was subject to public comment before the April meeting.

The next Commission meeting is scheduled for May 28, 2015.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes, PLLC, 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

Meeting Summary

The Mississippi 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.  The portion of the April 21 summary of this April 14 Board meeting regarding the discussion of the Board’s action relating to the West Rankin Utility Authority’s (WRUA) permit application is corrected and clarified as follows.  The Board did not approve the WRUA permit in closed session.  The Board members went into closed session briefly to decide if they needed to go into an executive session to discuss potential legal issues or lawsuits that may arise from the issue.  However, they decided there was no need to go into an executive session at that time, so they adjourned the closed session, invited everyone back into the meeting and returned to open session.  At that time, after brief discussion while in open session, they voted to issue the WRUA permit.

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.