Summary of Meeting Held September 10, 2019
The Mississippi Environmental Quality Permit Board (“Board”) convened its regular monthly meeting at 9:00 a.m. on September 10, 2019, at the offices of the Mississippi Department of Environmental Quality, in Jackson. Jennifer Whittmann chaired the meeting.
The Board approved minutes from the August meeting and the non-controversial actions/ certifications completed by the staff since the August meeting.
Following a prepared agenda, items considered were as follows:
OFFICE OF GEOLOGY
Ron Porter (MDEQ Office of Geology, Mining and Reclamation) presented the MDEQ Staff’s recommendations and Board approved the following:
Surface Mining Bond Releases
| Permittee | County | Permit | Staff Recommendation |
| Buchanan Timber Holdings, LLC | Pontotoc | P07-009 | Final 10% |
| Joe McGee Construction Co., Inc. | Desoto | P12-018 | Final 10% |
Surface Mining Permit to Rescind
In accordance with MDEQ staff recommendations, the Board approved the following rescission:
| Permittee | County | Permit |
| Bayou Pipeline, Inc. | Bolivar | P11-001 |
| Bayou Pipeline, Inc. | Bolivar | P10-018A |
| Bayou Pipeline, Inc. | Bolivar | P05-018 |
OFFICE OF LAND AND WATER RESOURCES
Staff presented a Power Point Presentation providing an update on Delta Water Resources issues and the Board approved the Delegation Memorandum of Agreement between the Mississippi Environmental Quality Permit Board and the Yazoo Mississippi Delta Joint Water Management District.
OFFICE OF POLLUTION CONTROL
WASTE DIVISION SOLID WASTE PERMITTING BRANCH and ENVIRONMENTAL PERMITS DIVISION AIR II AND WATER II BRANCHES (Items presented jointly between EPD and Waste Divisions)
Waste Management of Tunica Landfill, Inc. (Tunica Landfill) – Reissuance of Solid Waste Mgmt. Permit Tunica County (SW0720010459); Reissuance of Title V Air Permit (2660-00033); Reissuance of NPDES Storm Water Permit (MSS053317); and Reissuance of Waste Water Pretreatment Permit (MSP091373)
MDEQ Staff recommended and the Board approved the above-referenced applications. Staff stated that, as a result of notification of contiguous land owners and public notice, one written comment was received by the Tunica County Board of Supervisors regarding the elevation. This matter was already addressed in the Application but was further memorialized. No one in opposition appeared at the meeting. Because the application is complete, MDEQ staff recommended issuance of the Permit.
Denali Water Solutions, LLC (Humphreys County Industrial Land Application Site) – Issuance of Solid Waste Mgmt. Permit (SW0270030577)
MDEQ Staff recommended and the Board approved the above-referenced application. Denali Water Solutions, LLC requested the permit for land application of solid waste including industrial food processing materials and food processing sludge from MDEQ permitted facilities to be applied on approximately 2000 acres on which row crops are to be grown. Sludge can also be temporarily stored in currently-existing and approved, storage lagoons. As a result of notification of contiguous land owners and public notice, one written comment was received by e-mail and this person also attended the public hearing. Concerns were expressed regarding the odors from the previous operators of the facility where the currently-existing storage lagoons are located. No one in opposition appeared at the meeting. Because the application is complete, MDEQ staff recommended issuance of the Permit.
Riemann Funeral Homes Inc, South MS Crematory – Buffer Zone Variance Request by Harrison County (1020-00190)
Staff presented but did not provide a recommendation to the Board concerning an application for buffer zone variance from 150-foot setback to 98 feet. Staff stated that contiguous land owners were contacted. A representative from the funeral home visited with the abutting property owner regarding the variance, and the property owner stated in an e-mail that he had no objection to the variance. The Board approved the variance.
Other Business
Staff presented the proposed Findings of Fact and Conclusions of Law for consideration regarding the Permit Board’s adoption of the Report and Recommendation of Hearing Officer recommending summary affirmation of the issuance of Coverage under the State of Mississippi Dry Litter Poultry Animal Feeding Operation Multimedia General Permit (No. MSG 201968) and the Large Construction Storm Water General Permit (No MSR107600) to Jimmy Le d/b/a Le Poultry, Pike County, Mississippi. The Permit Board members present unanimously approved the proposed FOFCOL.
The next Permit Board meeting will be held on October 8, 2019, at 9 a.m.
This Newsletter is a publication of the Environmental Practice Group 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 content of a newsletter, or if you 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.