Summary of Meeting Held January 28, 2021
Prepared By Brunini, Grantham, Grower & Hewes, PLLC
The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on August 27, 2020. This meeting was held through a telephone conference and Zoom call. The public was invited to listen to the deliberations of the Commission on the conference phone and Zoom lines. The Commission first approved minutes from the previous meetings held on October 22, 2020 and November 19, 2020. Then, following a prepared agenda, the Commission considered items as follows:
FY 2022 Underground Storage Tank Fee Recommendation
Staff recommended and the Commission approved the fee at the proposed rate of $150.00 per UST, which is the same rate from last year’s tank fee. Pursuant to Miss. Code Ann. Sec. 49-17-421 revised July 1, 2018, the Commission is charged by law to establish the tank regulatory fee in an amount sufficient to cover the cost of the UST Program. The owners of each underground storage tank available for use in Mississippi is required to pay MDEQ the annual tank regulatory fee. The statutory revision also created Miss. Code Ann. Sec. 49-17-422 that established an Advisory Council to conduct an independent study of the cost of the UST Program and provide the Commission a written report and recommendations on the annual tank fee. This draft report was provided to the Commissions on December 18, 2020. A public comment period concerning the FY2022 Underground Storage Tank (UST) Fee was held between December 15, 2020 through January 14, 2021 with the public notice information distributed to the Mississippi Petroleum Marketers and Convenience Store Association. No comments were received.
FY 2022 Title V Fee Recommendation – Approval to Proceed to Public Notice of Hearing
Staff requesting and the Commission granted approval to hold a public hearing to receive comments regarding the proposed fee and to proceed with public notice of the hearing. A copy of the draft report containing the Title V Advisory Council’s Title V fee recommendation for the upcoming fee year has been forwarded to the Commission. After the public participation process is completed, staff will bring the fee recommendation back before the Commission for final action.
Request from the City of Canton for a Variance to State Siting Criteria for the Proposed Expansion Area at the City’s Municipal Solid Waste Landfill
Staff of the MDEQ Waste Division presented information regarding the City of Canton Landfill’s permit history and additional information regarding this landfill siting criteria. The City of Canton is proposing an expansion of the disposal area at the existing City Landfill that would be located within one mile of a residential area as defined by the Regulations. The City of Canton presented their proposed expansion plans and relative information regarding the proposed variance request. Opposition to the proposed variance was expressed by persons present at the meeting. The Commission decided to table the matter until the next Commission meeting.
Commission Briefing on MDEQ State Recycling Program Efforts
MDEQ’s State Recycling Coordinator, Jennifer Milner, addressed the Commission regarding the agency’s efforts to promote and grow recycling in Mississippi as directed by the state statute. Our state faces many challenges as we work to build strong, sustainable recycling programs. Ms. Milner will discuss how the Recycling and Waste Reduction Branch of MDEQ’s Waste Division continue to work to overcome these challenges through various programs, projects, and initiatives. These efforts include education and outreach activities such as teacher workshops and community events; MDEQ’s Statewide Measurement Program; the agency’s Solid Waste Assistance and Regional Recycling Cooperative Grant Programs; state agency and institutional recycling; and collaboration with our national, regional, state and local partners.
Asbestos: 193 certifications
Lead Paint: 107 certifications
Storage Tanks: 12 certifications
Wastewater Operator: 55
EMERGENCY CLEAN-UP EXPENSES
There were 5 emergency expenditures since the last report.
ADMINISTRATIVE ORDERS APPROVED
Twenty one (21) Administrative Orders and one (1) Amended Agreed Order were issued by the Executive Director and approved by the Commission since the last report.
The next Commission meeting is proposed to be on February 25, 2021, 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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