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 Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on April 14, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson. Ms. Leslie Royals, PE chaired the meeting. The Board approved minutes from the March meeting and all non-controversial actions/certifications by the staff since the March meeting. Following a prepared agenda, items considered were as follows:
LEGAL DIVISION
Mr. Roy Furrh, MDEQ General Council, presented the Proposed Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board for the Board’s consideration and adoption. The Board approved the Proposed Rules upon recommendation by MDEQ’s Legal Department.
OFFICE OF GEOLOGY
In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and partial permit transfer.
Surface Mining Bond Releases:
|
Permittee |
County |
Permit |
Staff Recommendation |
| Jim Castleberry, Castleberry Trucking |
DeSoto |
P94-082 |
Final 10% Release |
| Jim Castleberry, Castleberry Trucking |
DeSoto |
P95-054 |
Final 10% Release |
| Jim Castleberry, Castleberry Trucking |
DeSoto |
P95-119 |
Final 10% Release |
| Jim Castleberry, Castleberry Trucking |
DeSoto |
P00-012 |
Final 10% Release |
| Jim Castleberry, Castleberry Trucking |
DeSoto |
P00-013 |
Final 10% Release |
| Jim Castleberry, Castleberry Trucking |
DeSoto |
P03-007 |
Final 10% Release |
| Baldwin Sand & Gravel |
Lowndes |
P02-029A |
Final 30% Release |
| W.G. Yates & Sons Construction Co. |
DeSoto |
P14-004 |
Initial 10% Release |
| W.G. Yates & Sons Construction Co. |
DeSoto |
P13-004T |
Initial 10% Release |
Surface Mining Partial Permit Transfer:
|
Permittee |
County |
Permit |
| Joe McGee Construction Company, Inc., transfer to Green Earth Materials, LLC |
Rankin |
P06-010T1 |
OFFICE OF POLLUTION CONTROL
Construction Building Material Branch
MDEQ staff recommended approval of a Ready Mix Concrete General Permit for the Oscar Renda Contracting, Biloxi North Facility in Harrison County. MDEQ staff noted that the application is complete. Upon notification by the Applicant, three contiguous land owners issued letters of concern regarding stormwater, wastewater and declining property values. Tony Morrow, Project Manger for the Applicant, described the facility as temporary in nature. The contiguous landowners did not appear before the Board. After discussion, the Board approved the General Coverage Permit (MSG110313).
Agricultural Branch
MDEQ staff recommended reissuance of Animal Feeding Operation (AFO) and issuance of Storm Water Permits for JJ Farm in Newton County. Upon notification by Applicant, four landowners issued letters of concern regarding the number of poultry houses, proximity of poultry houses to residential homes, noise, and runoff issues. However, responding land owners are outside of the buffer zone. The landowners did not appear before the Board. Based on MDEQ staff recommendation, the Board approved AFO General Permit (MSG201044) and Storm Water Coverage (MSR106830).
Solid Waste Management & Mining
Staff recommended renewal of the Wastewater Pretreatment and Stormwater Permit, modification of Solid Waste Permit, and issuance of Title V Permit for Pine Belt Regional Solid Waste Management Authority in Perry County. There was no opposition by adjoining property owners. Based on Staff recommendation, the Board approved the following permits: Wastewater Pretreatment (MSP091106), NPDES Stormwater (MSS048658), Title V (2200-00025), and Solid Waste Permit (SW0560010436).
Municipal & Private Facilities
MDEQ Staff presented the West Rankin Utility Authority Wastewater Treatment Facility NPDES Wastewater Permit application, but did not make a recommendation. Roy Furrh, MDEQ General Council, noted that the presentation of the permit application was not an evidentiary hearing. Representatives of the West Rankin Utility Authority and the City of Jackson made statements regarding the permit application. After the statements, the Board approved the NPDES Wastewater Permit (MS0061743) in a closed session.
OTHER BUSINESS
Roy Furrh, MDEQ General Council, stated that MDEQ is scheduling an evidentiary hearing regarding the Dry Asset Facility Holdings, LLC (Pearl River County) Permit Transfer application. The hearing will probably be held in June or July 2015.
The next Permit Board meeting will be held on May 12, 2015 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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