Prepared By Brunini, Grantham, Grower & Hewes, PLLC
The Mississippi Commission on Environmental Quality (“MCEQ”) convened at 9:00 a.m. on May 27, 2021. 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 meeting held on April 22, 2021. Then, following a prepared agenda, the Commission considered items as follows:
Request from the Northeast Mississippi Solid Waste Management Authority (The “Authority”) for a Variance to State Siting Criteria for the Proposed Expansion Area at the Authority’s Municipal Solid Waste Landfill
Staff of the MDEQ Waste Division presented information regarding the landfill siting criteria and information on the existing Northeast Mississippi Regional Landfill (“Northeast Landfill”). The Authority and its experts then presented the details of proposed expansion plans and relevant information regarding the proposed variance request.
The Mississippi Nonhazardous Solid Waste Management Regulations (11 Miss. Admin. Code Pt. 4 Ch. 1.), states that “New landfills shall be located where there are adequate naturally occurring geological materials present of low permeability to act as a buffer between the base of the landfill liner and the top of the uppermost aquifer. Such materials shall generally consist of clays, silty clays, clayey silts, or other soils which have an average hydraulic conductivity of 1 x 10-6 cm/sec or less. The thickness, or depth, of these materials shall extend to at least five feet immediately beneath the base of the landfill liner.” The Authority is proposing an expansion of the disposal area at the existing Northeast Landfill. Portions of the proposed disposal area (approximately 14%) do not appear to have the required naturally-occurring buffer. MDEQ staff noted that granting the variance does not guaranty the issuance of a permit and that the Authority will now have to go through Permit Board approval, including public hearings and comment period. No one appeared in opposition to the variance. After some discussion, the request for variance was approved.
Commission Approval of Brownfield Agreement – Delmar Plaza Holdings, LLC
The MDEQ staff recommended and the Commission approved the Brownfield Agreement between the Commission and Delmar Plaza Holdings, LLP (Delmar) regarding the remediation of brownfield property located at 12057 Highway 49 North in Gulfport, Mississippi (Delmar Brownfield Site). Delmar has agreed that the proposed remediation measures will be through the biological enhanced reductive dechlorination and in-situ chemical reduction pathways, and has also agreed to the filing of a land use restriction with the property deed, and to enter into a Brownfield Agreement. The Delmar Brownfield Site will be subject to an environmental covenant restricting the future site use, including all impacted media. The draft Brownfield Agreement has completed the 30-day public comment period on May 10, 2021. No comments were received. The MDEQ staff have evaluated the proposed Brownfield Agreement and stated that, with the conditions and restrictions contained within the proposed Brownfield Agreement, the Delmar Brownfield Site will be in compliance with all applicable state and federal laws and standards and will be protective of the public health and the environment once the Brownfield Agreement is completed by Delmar.
Restrictive Use Agreed Order and Environmental Covenant for FC Meyer Packaging, LLC
Pursuant to the Commission’s delegation regulations (11 Miss. Admin. Code Pt. 1, R.1.1.Y.), the Executive Director of MDEQ approved the Restrictive Use Agreed Order and Environmental Covenants between the Commission and FC Meyer Packaging, LLC regarding the remediation of property located at 101 Ascher Street, Quitman, Clarke County, Mississippi. FC Meyer Packaging, LLC operated the site as a cardboard packaging manufacturing facility. Environmental Site Assessments have revealed presence of trichloroethene impacting groundwater at concentrations in excess of Target Remediation Goals (TRGs). Therefore, remediation of the site has been determined by MDEQ staff to be necessary. The MDEQ staff has evaluated the proposed Restrictive Use Agreed Order and Environmental Covenant and stated that, with the conditions and restrictions contained within; the site will be in compliance with applicable state and federal laws and standards and will be protective of the public health and the environment. This agenda item is for reporting purposes only.
Asbestos: 84 certifications
Lead Paint: 60 certifications
Operator: 11 certifications
Clean-up Expenses: 4 emergency expenditure
ADMINISTRATIVE ORDERS APPROVED
Eleven (11) Agreed Orders and three (3) Amended Orders were issued by the Executive Director and approved by the Commission since the last report.
The next Commission meeting is proposed to be on June 24, 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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