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.
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