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NLRB Issues Final Rule Altering Union Election Process

December 15, 2014 by Brunini Law

On December 12, 2014, a divided National Labor Relations Board issued and adopted a final rule amending its representation–case procedures—which drastically speeds up the union election process.  The rule will be published in the Federal Register on December 15, and will take effect on April 14, 2015.

The new rule requires businesses to postpone virtually all litigation over eligibility issues until after workers vote on whether to join the union.  The regulation also eliminates a previously-required 25-day period between the time an election is ordered and the election itself, and it requires employers to furnish union organizers with all available personal email addresses and phone numbers of workers eligible to vote in a union election.  (The NLRB’s Purple Communications’ decision handed down on December 11, 2014 essentially prohibited employers from denying union organizers access to company email.) The rule also, for the first time, allows for the electronic filing and transmission of union election petitions.

NLRB Board Chairman Mark Gaston and Members Kent Y. Hirozawa and Nancy Schiffer approved the final rule.  Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.  The rule includes detailed explanations regarding the rule’s impact on current procedures and the views of the majority and dissenting members.  The regulatory shift represents a clear victory for a labor movement that has often felt taken for granted by the Obama administration, while a legal challenge from business groups is all but certain.

http://www.nlrb.gov/news-outreach/news-story/nlrb-issues-final-rule-modernize-representation-case-procedures

Related Attorneys

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Mississippi Commission on Environmental Quality Summary of Meeting Held November 20, 2014

December 1, 2014 by Brunini Law

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.

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on November 20, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Chat Phillips chaired the meeting attended by all members.  The Commission approved minutes from the previous meeting held on September 25, 2014.

Following a prepared agenda, items considered were as follows:

COMMISSION APPROVAL OF BROWNFIELD CONSULTING FIRM

Trey Hess of MDEQ staff recommended approval of the following firm for listing as a Brownfield Consulting Firm:  Goodwyn, Mills and Cawood, Inc.  The Commission unanimously approved the staff recommendation.

FY 2016 TITLE V FEE RECOMMENDATION

Jerry Beasley of MDEQ presented the Title V Air Advisory Council’s recommendation for the Title V fee for FY 2016.  The Council’s recommendation is to set the fee at $41 per ton of emissions—this is unchanged from the previous year.  Mr. Beasley requested the Commission’s permission to proceed with the public notice period for the proposed FY 2016 Title V fee.  The Commission unanimously approved this request.

ADOPTION OF A REVISION TO THE STATE IMPLEMENTATION PLAN AND “REGULATIONS FOR AMBIENT AIR QUALITY NONATTAINMENT AREAS,” 11 MS ADIMINSTRATIVE CODE, PART 2, CHAPTER 11

Mr. Beasley discussed the proposed revision to the State Implementation Plan for the Control of Air Pollution (SIP Revision).  The SIP Revision includes new regulations for implementing requirements for areas non-attainment areas under the National Ambient Air Quality Standards and an emissions inventory for DeSoto County.  The Department held a public hearing on the subject amendments on October 2, 2014.  The only comments received were minor comments submitted by EPA.  The Commission unanimously approved the SIP Revision as presented by MDEQ Staff.

Gary Rikard noted that based on recent monitoring results, DeSoto County may be re-designated as attaining.  However, if EPA lowers the allowable pollutant levels, DeSoto County may remain a non-attainment area.

ADOPTION OF AMMENDMENTS TO “AIR EMISSION REGULATIONS FOR THE PREVENTION, ABATEMENT, AND CONTROL OF AIR CONTAMINANTS,” 11 MISSISSIPPI ADMINISTRATIVE CODE, PART 2, CHAPTER 1

Mr. Beasley discussed the proposed amendments to the subject air pollution control regulations.  The proposed amendments include the following items:  (1) changes to the open burning provisions allowing MDEQ to delegate the burning of residential yard waste to local governments; (2) creation of “Air Quality Action Days” in which MDEQ may prohibit burning of yard wastes and other types of proscribed burning that is normally allowed; (3) recent amendments to federal regulations for New Source Performance Standards for Hazardous Air Pollutants; and (4) recent changes to the Federal Consolidated Air Rule.

The Commission unanimously approved the proposed amendments to 11 Mississippi Administrative Code, Part 2, Chapter 1 as presented by MDEQ Staff.

CERTIFICATIONS APPROVED

  • Asbestos:                                          223 certifications
  • Lead Paint:                                          83 certifications
  • Underground Storage Tanks:            5 certifications
  • Wastewater Operator:                     113 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

Fourteen (14) emergency clean-up expenditures occurred since the last report.

ADMINISTRATIVE ORDERS APPROVED

Eighteen (18) 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 5 $0 – $7,500
Large Construction Stormwater 1 $25,000
Asbestos Removal 1 $3,500
Gravel Mining 2 $3,500 – $18,000
Hazardous Waste 3 $6,200 – $101,382
Underground Storage Tanks 2 $5,000
Solid Waste 1 $4,000

An order accepts Kansas City Southern Railroad Vicksburg, MS for participation in the Uncontrolled Site Voluntary Evaluation Program.

An order confirms the adoption of the Water Pollution Control Revolving Fund Program Final FY 2014 Intended Use Plan Amendment I.

The next Commission meeting is scheduled for January 22, 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.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

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.

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  • John E. Milner
  • Gene Wasson

Mississippi Environmental Quality Permit Board Summary of Meeting Held November 4, 2014

November 5, 2014 by Brunini Law

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 November 4, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Mr. Jim Lipe chaired the meeting.  Board members Leslie Royals and David Snodgrass were not present.  The Board approved minutes from the October meeting and all non-controversial actions/certifications by the staff since the October 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 permits to rescind.

Mr. Ron Porter of MDEQ staff explained the recommendation to rescind permits for Eutaw Construction Company, Inc. (Eutaw).  Eutaw determined that that the sites contained unsuitable material.  The sites were undisturbed, and Eutaw and no longer intends to mine the sites.

Surface Mining Permits to Rescind:

Permittee

County

Permit

Staff Recommendation

Eutaw Construction Company, Inc.

Monroe

P12-027

Rescind

Eutaw Construction Company, Inc.

Monroe

P13-016

Rescind

OTHER BUSINESS:

The Board provided updates on ongoing litigation and will provide further updates as litigation proceeds.

The City of Tupelo has appealed to the MS Supreme Court regarding the issuance of six groundwater withdrawal permits (MS-GW-17109, MS-GW-17110, MS-GW-17111, MS-GW-17112, MS-GW-17113, MS-GW-17114) issuedto North Lee County Water Association.

Chancery court affirmed a permit issued to Errington Poultry in Green County, MS.  The permit, issued by the Board, allows a variance to buffer requirements for construction of a poultry house.   A party has appealed the issuance of permit to the MS Supreme Court.

The next Permit Board meeting will be held on December 9, 2014.

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.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

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.

Related Attorneys

  • R. Richard Cirilli, Jr.
  • John E. Milner
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Mississippi Environmental Quality Permit Board Summary of Meeting Held October 14, 2014

October 29, 2014 by Brunini Law

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  October 14, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Leslie Royals, PE chaired the meeting attended by all Board members.  The Board approved minutes from the September meeting and all non-controversial actions/certifications by the staff since the September 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, permits to transfer, and permits to rescind.

Mr. James Matheny of MDEQ staff provided the following explanation regarding the recommendations to transfer and rescind permits for Tri-State Brick and Tile Company, Inc.  Tri-State went into bankruptcy, and Trustmark Bank took its properties. Tri-State Jackson Lands, LLC entered into a purchase agreement with Trustmark Bank to and requests to transfer the associated permits.

Surface Mining Bond Releases:

Permittee

County

Permit

MDEQ Staff Recommendation

Tanner Construction Company, Inc. Washington P10-023

100% release

Tanner Construction Company, Inc. Washington P10-024

100% release

Tanner Construction Company, Inc. Washington P10-035

100% release

Kevin Coleman Construction, Inc. Hinds P04-042

100% release

 

Surface Mining Permits to Transfer:

Permittee

County

Permit

Staff Recommendation

Johnston’s Sand and Gravel, Inc. requests a transfer to APAC-Mississippi Clarke P03-038AAT Approve transfer
Walters Development LLC., requests a transfer to Chris Albritton Construction Lauderdale P01-032T Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC Hinds P11-003T Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC Hinds P09-006T Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC Hinds P06-008T Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC Hinds P00-067AT Approve transfer
Tri-State Brick and Tile Company, Inc., transfer to Tri-State Coleman Lands, LLC Noxubee P09-008T Approve transfer

 

Surface Mining Permits to Rescind:

Permittee

County

Permit

Staff Recommendation

Tri-State Brick and Tile Company, Inc. Hinds P96-061

Release, reclamation 100% complete

Tri-State Brick and Tile Company, Inc. Hinds P98-005

Release, reclamation 100% complete

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Groundworx, LLC, Forrest and Lamar Counties:  MSU213009

The Board adopted the Findings of Fact and Conclusions of Law regarding the issuance of a State Operating Permit for Groundworx, LLC.  The permit for Groundworx was developed following an Evidentiary Hearing held on July 15, 2014.  The board had no additional questions or objections to the permit and approved the Findings of Fact and Conclusions of Law for adoption into the meeting minutes.

North Lee County Water Association, Lee County:  MS-GW-17109, MS-GW-17110, MS-GW-17111, MS-GW-17112, MS-GW-17113, MS-GW-17114

The Board adopted the Findings of Fact and Conclusions of Law for North Lee County Water Association, Lee County, MS.  After an evidentiary hearing held on August 12, 2014, MDEQ Staff proposed six groundwater withdrawal permits with special terms and conditions.  The permits were emailed to the Board members for review prior to the meeting.  The Board had no additional questions or objections to the permits and approved the Findings of Fact and Conclusions of Law for adoption into the meeting minutes.

OTHER BUSINESS

MDEQ is developing Permit Board Rules and Regulations of Practice for Evidentiary Hearings.  The Draft Rules and Regulations will be issued soon for review by publication on the MDEQ website.  In addition, MDEQ will hold a public meeting to solicit additional input on the Rules.

The next Permit Board meeting will be held on November 4, 2014. The meeting will be held on the first Tuesday in November because the second Tuesday falls on Veterans Day.

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.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

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.

Related Attorneys

  • R. Richard Cirilli, Jr.
  • John E. Milner
  • Gene Wasson

Mississippi Commission on Environmental Quality Summary of Meeting Held September 24, 2014

October 8, 2014 by Brunini Law

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.

The Mississippi Commission on Environmental Quality convened at 9:00 a.m. on September 24, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson. Chat Phillips chaired the meeting attended by all members.  Minutes from the previous meeting held on July 24, 2014 were approved.

The Commission welcomed Gary Rikard as the new Executive Director of MDEQ.

Following a prepared agenda, items considered were as follows:

WATER POLLUTION CONTROL REVOLVING FUND LOAN PROGRAM, AMENDMENT I

Tony Caldwell of MDEQ staff presented Amendment I of the FY-2014 Intended Use Plan.  Caldwell explained that Amendment I includes new projects approved for funding through the State Revolving Fund (SRF) Program, a low-interest loan program.  The Commission unanimously adopted Amendment I to the FY-2014 Intended Use Plan as presented by the MDEQ staff.

Amendment includes the following elements:

  1. Correction of the Priority List expiration date;
  2. Addition of new projects to the planning list for possible funding during FY-2014;
  3. Incorporation of the 204 Title VI capitalization grant allotment;
  4. Modification of FY-2014 capitalization grant and state match obligations due to the lack of adequate state match authorization during the 2014 Regular Legislative Session; and
  5. Provision for the obligation of additional repayments (through September 2016) to replace the unavailable FY-2014 capitalization grant and state match funds.

MDEQ held a 30-day public comment period and a public meeting for discussion of Amendment I.  No comments were received during the public notice or meeting.

UPDATE: HYDRAULIC FRACTURING IN MISSISSIPPI

Richard Harrell, P.E. and Kay Whittington, P.E. of MDEQ presented an update on hydraulic fracturing (hydrofracking) activities in Mississippi.  A summary of remarks follow.  If you would like to receive a copy of the MDEQ slides on this topic, please contact John Milner at jmilner@brunini.com.

MDEQ regulates several elements of hydrofracking: withdrawals of water from ground water sources; withdrawals of water from surface water sources; stormwater runoff from construction sites; discharges or treatment of wast waters; spills or releases that threaten state waters; impoundments in terms of dam safety and requirements; and air pollution.

MDEQ Staff stressed that they presently have no reports of spills/ releases associate with hydrofracking. MDEQ currently has applications for hydrofracking activities at 48 sites in Wilkinson and Amite counties.  Their current path forward includes managing water resources with conjunctive water use, monitoring and protecting groundwater and surface water levels and quality and working directly with affected communities.  MDEQ is currently developing a General Permit to expedite air permit processing times.

Conjunctive Water Use

Hydrofracking activities use large amounts of water during the initial production phase. Water use fluctuates based on type of fracturing method used, length of laterals, number of frack stages, and volume of sand used. Potential water supplies include streams and rivers, private ponds, groundwater, recycled and treated flowback water, treated municipal wastewater, and the Mississippi River.  MDEQ will balance hydrofracking water needs with their duty to protect beneficial uses of waters (i.e., recreational uses and aquatic life support), especially during the low-flow season.

MDEQ staff stated they are collecting additional data in efforts to develop methodology to determine maximum withdrawal allowable without causing adverse impact to aquatic life and surface water flow regimes.  This concept, termed with “conjunctive water use” will enable MDEQ to balance uses of surface and ground water with hydrofracking uses.

Drinking Water Protection

Continuing with the concept of conjunctive water use, MDEQ stated that no new or existing groundwater wells will be permitted for hydrofracking use that would adversely impact existing drinking uses.  Most public water supply wells in Amite and Wilkinson Counties are shallow, with the majority at depths of less than 600 ft.  The MS Department of Health has conducted baseline monitoring in public water supply wells of Amite and Wilkinson Counties.  Monitoring will continue.

Permits for Groundwater Withdrawal for Hydrofracking Use

To date, MDEQ has issued six permits for groundwater withdrawal for hydrofracking use. These wells are all below 600 feet (lower than the depth of most public water supply wells). Future withdrawal permits will carry special terms and conditions. Elements of the special terms and conditions include: field survey of wells in 1 mile radius; submission of geophysical log to MDEQ; required inspection plug and meter; required pump test required; measurement and submittal of static water levels before and after each fracking event; collection and analysis of water quality samples; and report of water use for each fracking event.

Groundwater Quality Protection

MDEQ and the MS Oil and Gas Board are jointly developing requirements for groundwater protection.  The requirements include the use of lined surface pits for storage of fresh water and flowback water and design requirements for well surface casings. MDEQ staff stated that there is a significant depth difference between public water wells (typically less than 600 feet) and well depths in the Tuscaloosa Marine Shale (approximately 12,000 feet). Additionally, staff noted that there are hundreds of feet of confinement between drinking water wells and the Tuscaloosa Marine Shale.

Municipal Infrastructure

Other concerns include the future demands to infrastructure (i.e. roads, publici water supply and municipal wastewater treatment capacities) due to expected population growth in Amite and Wilkinson Counties. MDEQ staff is actively engagign with municipalities in potentially affected areas to upgrade infrastructure in anticipation of future growth.

CERTIFICATIONS APPROVED

Asbestos:                                                         204 Certifications

Lead Paint:                                                         89 Certifications

Underground Storage Tanks:                           8 Certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

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

Complete Environmental & Remediation (3 emergency clean-up expenses) in the counties of Winston and Lee due to clean-up of April tornadoes.

United States Environmental Services (5 emergency clean-up expenses) in the counties of Sunflower, Jackson, Copiah, Yazoo and Jefferson Davis due to diesel spill clean-up.

ADMINISTRATIVE ORDERS APPROVED

Twenty-four (24) administrative orders issued by the Executive Director and approved by the Commission included the following matters:

Program Area  Number of Orders Penalty Range
NPDES 4 $0- $25,000
Large Construction Stormwater 2 $2,500-$5,000
Lumber/ Wood Treating 3 $2,200- $15,500
Metals Manufacturing 1 $24,640
Asbestos Removal 1 $2,500
Baseline Stormwater 1 $17,500
Graval Mining 1 $8,100
Hazardous Waste 1 $8,800
Title V 1 $0

A scheduling order with Pilot Travel Centers was issued to schedule a date for the evidentiary hearing requested before the Commission.

An order approves the proposed amendment to Pine Belt Solid Waste Management Plan to expand the Randy-Danny, Inc. Rubbish Site.

An order approves the proposed amendment to Three Rivers Regional Solid Waste Management Plan to expand the TMCO Class I Rubbish Site and to add the North MS Recycling Solutions Class I Rubbish Site.

An order approves the proposed amendment to Yazoo County Waste Management Plan to add eleven new land applications for spreading of bio solids for soil amendment purposes.

An order approves the proposed amendment to Forest county Solid Waste Management Plan to add the 90 Class I Rubbish Site.

An order confirms that Kossen Properties, LLC and Empire Truck Sale of Louisiana have satisfied remediation requirements in conjunction with a Brownfield Agreement.

The remaining orders were not enforcement-oriented, but rather dealt with the approval of amendments to Title 11 (Regulations governing surface coal mining), and approval of the MS 2014 Section of 303 (d) List of Impaired Water Bodies.

The next Commission meeting is scheduled for October 23, 2014.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

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Mississippi Environmental Quality Permit Board Summary of Meeting Held September 9, 2014

September 9, 2014 by Brunini Law

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 September 9, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson.  Leslie Royals, Permit Board Chairman, chaired the meeting attended by all Board members.  The Board approved minutes from the August meeting and all non-controversial actions/certifications by the staff since the August meeting.  Following a prepared agenda, the 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 cancel:

Surface Mining Bond Releases:

Permittee County Permit MDEQ Staff Recommendation
Baldwyn Sand & Gravel Monroe P92-098AA 30% release
Eutaw Construction Company, Inc. Monroe P93-050T 90% release
Eutaw Construction Company, Inc. Monroe P13-018 50% release
W. S. Jordan & Sons Sand and Gravel DeSoto P96-026 No release
Preston Dobbs Truck Service Monroe P02-002AAA 100% release
Krystal Gravel, Inc. Copiah P90-020 30% release
Krystal Gravel, Inc. Copiah P91-016T2 10% release
Krystal Gravel, Inc. Copiah P92-029T2 No release
Krystal Gravel, Inc. Copiah P94-067T1 No release
Krystal Gravel, Inc. Copiah P95-079 No release
Krystal Gravel, Inc. Copiah P98-003 No release
Krystal Gravel, Inc. Copiah P00-027 40% release
Krystal Gravel, Inc. Copiah P00-046T2 No release
Krystal Gravel, Inc. Copiah P01-39A 20% release
Krystal Gravel, Inc. Copiah P02-043 45% release
Krystal Gravel, Inc. Copiah P03-003T 10% release
Krystal Gravel, Inc. Copiah P13-002 20% release
Oxford Sand Company Panola P99-051 20% release
Phillips Contracting Co. Lowndes P07-026T 90% release

Surface Mining Permit to Cancel:

Permittee County Permit Staff Recommendation
U.S. Army Corps of Engineers Marshall P09-020A Cancel

The Board heard discussions from visitors and approved the following surface mining bond releases:

APAC – Mississippi, Inc. (Carroll County)

Surface Mining Permit Bond Release – P98-011TA

Mr. James Matheny of MDEQ staff stated that the Office of Geology recommended an initial 15% bond release for this 337-acre site.  After hearing discussion from visitors, the Board approved the mining bond release in accordance with the staff’s recommendation.

Visitors requested that the Board delay release until ownership of the site is settled by pending litigation and stated that APAC – Mississippi, Inc. (APAC) now owns J.J. Ferguson Sand & Gravel’s interest in this site.  Pending litigation is between the visitors and J.J. Ferguson Sand & Gravel.  A  representative of APAC argued for the recommended bond release and referenced a letter from the Carroll County School District, stating that the litigation will not have bearing on bond releases.  Roy Furrh, MDEQ General Counsel, explained that MDEQ requires bond to ensure that permittees complete reclamation.  Bonds do not affect royalty payments to parties.  Given this, Mr. Furrh recommended that the Board release the bonds in accordance with the staff’s recommendation.

J.J. Ferguson Sand & Gravel (Carroll County)

Surface Mining Permit Bond Release – P88-017

A representative from J.J. Ferguson Sand & Gravel stated that this site does not abut the visitors’ property.  Ongoing litigation with the visitors, referenced above, involves royalties and not land reclamation required for bond release.  After hearing discussion from visitors, the Board approved the bond release in accordance with the staff’s recommendation.

OFFICE OF POLLUTION CONTROL

Solid Waste and Mining Branch

Chamber of Mississippi, Inc., Clearview Environmental Control Facility Landfill (Scott County)

Reissuance of NPDES Permit – MSS059374

Reissuance of Title V Air Permit to Operate – 2420-00046

Reissuance and Modification of Wastewater Treatment Permit – MSP090465

There were no significant issues identified during the public comment period.  The Board approved the permits in accordance with the staff’s recommendation.

Construction and Building Materials Branch

McClain Lodge High Fence Project (Rankin County)

Issuance of Large Construction Stormwater Coverage – MSR106411

Issuance of 401 Water Quality Certification – WQC2014002

Florence Bass of MDEQ staff stated the project is for the construction of a 12-foot high fence to create a hunting area for native and exotic animals on a 390-acre tract in Rankin County.

The applicant addressed all off-site and on-site mitigation and restoration enhancements and paid a previously assessed a fine. Residents of the neighboring subdivision have filed letters of objection, and a public hearing was held.  At the hearing, residents raised concerns about flooding, health, and environmental quality.  A visitor (neighboring subdivision resident) stated his concerns regarding (1) the potential for water contamination due to exotic game and (2) erosion and standing water issues.  After hearing discussion from visitors, the Board approved these authorizations in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on October 14, 2014.

This Newsletter is a publication of the Environmental Practice Group of the Brunini, Grantham, Grower & Hewes law firm 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.

If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.

Related Attorneys

  • R. Richard Cirilli, Jr.
  • John E. Milner
  • Gene Wasson

Mississippi Environmental Quality Permit Board Summary of Meeting Held November 12, 2013

November 13, 2013 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

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

OFFICE OF POLLUTION CONTROL

City of Meridian, Meridian POTW (Lauderdale County)

Modification of NPDES Permit
MS0020117

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

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

Burns Dirt Construction, Inc.
Oktibbeha     P13-010

Eutaw Construction Company, Inc.
Monroe       P95-090T

Eutaw Construction Company, Inc.
Monroe        P96-002T

Eutaw Construction Company, Inc.
Monroe        P97-018T

Mississippi Limestone Corporation
Coahoma      P93-070

Kentucky-Tennessee Clay Company
Benton        P98-046

Surface Mining Permit to Rescind:

Eutaw Construction Company, Inc.
Monroe        P12-025

Surface Mining Permit to Transfer:

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

Surface Mining Application:

Memphis Stone and Gravel Company
DeSoto        A1872

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

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

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

IRS Circular 230 Notice

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

Related Attorneys

  • John E. Milner
  • Gene Wasson

Mississippi Commission on Environmental Quality Summary of Meeting Held October 24, 2013

November 4, 2013 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

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

BROWNFIELD AGREEMENT

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

ADOPTION OF ADMENDMENTS TO MISSISSIPPI ADMINSTRATIVE CODE

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

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

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

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

PRESENTATION ON GEOLOGIC IMPORTANCE – PIKE COUNTY

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

CERTIFICATIONS APPROVED

Asbestos:                     220 certifications

Lead Paint:                  102 certifications

Underground
Storage Tanks:
            8 certifications

Wastewater
Operator:
                      57 certifications

EMERGENCY CLEAN-UP EXPENSES APPROVED

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

Complete Environmental & Remediation in the counties of:

Leake and Clarke.

United States Environmental Services in the counties of:

Rankin, Copiah and Simpson

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

ADMINISTRATIVE ORDERS APPROVED

Program Area Number of Orders Penalty Range
Large Construction Storm Water

2

$1,400 to $25,000
Hazardous Waste

3

$1,800 to $39,655
Title V

4

$0 to $15,000
Hot Mix Asphalt

1

$45,000
Pretreatment

1

$12,500
Wet Deck

1

$3,500
Synthetic Mining

1

$19,000
UST

2

$4,440 to $5,000
Water Well Contractor’s License

9

$100
Other

9

$0 to $5,000

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

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

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

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

IRS Circular 230 Notice

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

Related Attorneys

  • John E. Milner
  • Gene Wasson

Mississippi Environmental Quality Permit Board Summary of Meeting Held October 8, 2013

October 9, 2013 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

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

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

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

Eutaw Construction Company, Inc.
Madison       P10-009T

Hill Brothers Construction Company
Winston       P04-004A

Oddee Smith Construction Company
Lincoln         P99-018

Hammett Gravel Company
Holmes        P97-027

Hammett Gravel Company
Holmes        P98-004

Hammett Gravel Company
Holmes        P03-006A

Hammett Gravel Company
Holmes        P00-059

Hammett Gravel Company
Holmes        P02-039

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

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

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

IRS Circular 230 Notice

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

Related Attorneys

  • John E. Milner
  • Gene Wasson

Mississippi Environmental Quality Permit Board Summary of Meeting Held September 10, 2013

September 11, 2013 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

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

EVIDENTIARY HEARING SCHEDULED FOR OCTOBER 8, 2013

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

OFFICE OF POLLUTION CONTROL

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

Reissuance of Water Quality Certification
WQC2006062

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

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

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

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

OFFICE OF GEOLOGY

Surface Mining Bond Release:

Lloyd G. Spivey, Jr.
Madison       P02-014

Surface Mining Permits to Transfer:

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

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

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

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

OTHER BUSINESS

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

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

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

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

IRS Circular 230 Notice

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

Related Attorneys

  • John E. Milner
  • Gene Wasson
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