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.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

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

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

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

LEGAL DIVISION

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

OFFICE OF GEOLOGY

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

Surface Mining Bond Releases:

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

Surface Mining Partial Permit Transfer:

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

OFFICE OF POLLUTION CONTROL

Construction Building Material Branch

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

Agricultural Branch

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

Solid Waste Management & Mining

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

Municipal & Private Facilities

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

OTHER BUSINESS

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

The next Permit Board meeting will be held on May 12, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

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

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

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

OFFICE OF GEOLOGY

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

Surface Mining Bond Releases:

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

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

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

OFFICE OF POLLUTION CONTROL

Solid Waste Management & Mining Branch

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

Construction and Building Material Branch

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

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

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

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

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

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

OTHER BUSINESS

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

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

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

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

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

Following a prepared agenda, items considered were as follows:

FY 2016 TITLE V FEE RECOMMENDATION

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

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

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

CERTIFICATIONS APPROVED

Asbestos:                     319 certifications

Lead Paint:                  78 certifications

Underground Storage Tanks:            5 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

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

ADMINISTRATIVE ORDERS APPROVED

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

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

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

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

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

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

This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

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

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

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

OFFICE OF GEOLOGY

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

 Surface Mining Bond Releases:

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

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

Surface Mining Permit Approvals:

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

OTHER BUSINESS:

The next Permit Board meeting will be held on March 17, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

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

If you have any questions concerning the content of a newsletter it would like further information about the matters addressed in a newsletter, please contact John Milner, the Brunini Firm Environmental Practice Group leader, at jmilner@brunini.com or (601) 960-6842.

Meeting Summary

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

OFFICE OF GEOLOGY

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

 Surface Mining Bond Releases:

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

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

Surface Mining Permit Approvals:

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

OTHER BUSINESS:

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

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

The next Permit Board meeting will be held on Feb. 10, 2015 at 9 a.m.

This Newsletter is a publication of the Environmental Department of the law firm of Brunini, Grantham, Grower & Hewes located in Jackson, Mississippi. This Newsletter is not designed or intended to provide legal or professional advice, as any such advice requires the consideration of the facts of the specific situation.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.