Summary of Meeting Held August 22, 2019
The Mississippi Commission on Environmental Quality convened at 9:00 a.m., on August 22, 2019, at the offices of the Mississippi Department of Environmental Quality in Jackson. The Commission approved minutes from the previous meeting held on June 27, 2019. Following a prepared agenda, items considered were as follows:
Water Pollution Control (Clean Water) State Revolving Fund Loan Program Proposed Resolution of Necessity to Issue Bonds
MDEQ staff recommended and the Commission adopted the proposed Resolution of Necessity to Issue Bonds regarding the Water Pollution Control (Clean Water) State Revolving Fund Loan Program. During the 2019 legislative session, House Bill 1568 was passed and subsequently signed by the Governor. This bill provided for the issuance of $7,940,000 in bonds to provide state matching funds required to obtain $39,700,000 in available federal assistance to this program. The funds are loaned at low interest rates to facilitate the construction or improvement of wastewater treatment facilities in the state. In order to initiate this process, the Commission must adopt a Resolution of Necessity for issuance of these bonds. Staff provided copies of the Resolution to the Commission for consideration.
Water Pollution Control Revolving Loan Fund (WPCRLF) Program Proposed Adoption of FY-2019 Intended Use Plan
MDEQ staff recommended and the Commission adopted the FY-2019 Intended Use Plan. This document identifies the loan funds available to our communities for the construction of wastewater infrastructure, the communities to receive these loan funds, the loan interest rate, program deadlines, and other related information. Public comments on the draft Intended Use Plan were solicited through a public comment period and a public hearing and no comments were received.
Mississippi Commission on Environmental Quality v. High Cotton Oil Company, Inc. Proposed Final Order
Roy Furrh, MDEQ Chief Counsel, discussed the proposed final order regarding High Cotton Oil Company, Inc. Following a presentation by designated Hearing Officer Trey Smith at its meeting on June 27, 2019, the Commission adopted his Findings and Recommended Decision related to the High Cotton Oil Company, Inc. evidentiary hearing previously held on February 27, 2019. Staff recommended and the Commission adopted the final order.
Environmental Covenant for Richardson Molding Facility
This agenda item is for reporting purposes only. Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.), the Executive Director of MDEQ approved the environmental covenants between the Commission and ORG Mississippi Holdings, LLC regarding the remediation of property located at 931 Herman Alford Memorial Hwy, in Philadelphia, Neshoba County, Mississippi. ORG Mississippi Holdings, LLC operated the site as the Richardson Molding Facility, a plastic injection molding company. The staff of the MDEQ has evaluated the proposed environmental covenants and believes that, with other conditions and restrictions contained therein, the site will be in compliance with applicable State laws and standards and will be protective of the public health and the environment.
Ex Parte Administrative Order for Owner and Operator of SS Food Market
This agenda item is for reporting purposes only. Under the authority of Miss. Code Ann. § 49-12-13 (Rev. 2003), the Executive Director of MDEQ issued an ex parte administrative order against the Kawaljit Singh, Sukhdev Singh, and SS Food Market LLC. These respondents own and/or operate an aboveground storage tank (AST) convenience store located at 841 S. Natchez Street, Koscuisko, Attala County, MS. On April 10, 2019, MDEQ investigated a reported release which revealed dead vegetation extending from the ASTs, across a third party property and to a nearby creek emanating a strong petroleum odor. After requests to address the petroleum contamination were not complied with, the Executive Director of the MDEQ found it necessary to issue this ex parte administrative order so that respondents must develop a work plan, submit it for approval, and conduct sampling investigation at this location to adequately delineate the soil contamination.
Commission Approval of Brownfield Completion
MDEQ staff recommended and the Commission approved the brownfield agreement completion as follows: On August 23, 2018, the Commission reached a brownfield agreement (#6879-18) with the City of Vicksburg, Warren County, MS, for the remediation of the former Kuhn Memorial Hospital in Vicksburg, Warren County, MS. On August 2, 2019, and in accordance with Rule 2.1.7.B of Part 3, Chapter 2: Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi (“Brownfield Regulations”), the City of Vicksburg sent a petition to the Commission to make a determination as to the completion of the brownfield agreement and as to the issuance of a “no further action” letter by the Executive Director. The staff of the MDEQ has reviewed the petition, has conducted the required inspection of the brownfield agreement Site, and recommended that the Commission issue an order in accordance with the Brownfield Regulations, concluding that City of Vicksburg has completed brownfield agreement #6879-18.
Commission Approval of Brownfield Consulting Firms
MDEQ Staff has reviewed an application from a consulting firm requesting to be listed as a “Brownfield Consulting Firm” and has determined it to be complete and acceptable. Therefore, the staff recommended and the Commission approved the following firm as a Brownfield Consulting Firm:
Bhate Environmental Associates Inc.
1608 13th Ave. South, Ste. 300
Birmingham, AL 35205
The next Commission meeting is proposed to be on September 26, 2018, 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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