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Mississippi Environmental Quality Permit Board Summary of Meeting Held February 12, 2013

February 12, 2013 by Brunini Law

Prepared By Brunini, Grantham, Grower & Hewes, PLLC

The Mississippi Environmental Quality Permit Board convened its regular monthly meeting at 9:00 a.m. on February 12, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Jan Boyd chaired the meeting attended by all but one Board member. Minutes from the January meeting were approved, as were all non-controversial permits issued by the staff since the last meeting. Following a prepared agenda, items considered were as follows:

OFFICE OF POLLUTION CONTROL

Nicholson Water and Sewer Association (Pearl River County)
Reissuance of NPDES Permit                       MS0033871

Nicholson Water and Sewer Association applied for the reissuance of its NPDES permit. The domestic wastewater treatment facility includes a three-celled area lagoon where 180,000 gallons of wastewater is treated each day and discharged into the McCall River. A public notice was issued in June 2012, and the MDEQ staff received one letter of concern regarding potential pollution to the McCall River, flooding of the wastewater treatment facility and required buffer zones for the facility. Following an inspection of the facility and a review of the application, the MDEQ staff stated that the permit was technically acceptable for issuance and recommended the Board’s approval. The Board voted to approve the permit.

Mississippi Power Company
Plant Victor J. Daniel, Gypsum Storage Facility
(Jackson County)

Issuance of 401 Water Quality
Certification for construction
& operation of facility               WQC2011047

Issuance of Solid Waste
Management Permit                SW0300040559

Issuance of Underground
Injection Control Permit           MSI1006

The above permits are for an electric-steam generating plant as a portion of the facility’s air pollution control initiatives. A public hearing was held on January 22, 2013 in Jackson County. Representatives from the Army Corps of Engineers, MDEQ and Mississippi Power Company attended the public meeting to address any questions from the public. No one appeared at the meeting to make comments to oppose the proposed permits. However, MDEQ did receive three letters of concern from one individual this past Sunday evening. The MDEQ staff addressed each concern expressed and reported to the Board that the applicant has met all permit application requirements and received clearances from the appropriate state and federal agencies. Following an agreement by the Board and the applicant on minor modifications to monitoring requirements under the permit for the solid waste site, the Board voted to approve all three permits listed above.

OFFICE OF GEOLOGY

Surface Coal Mining Permit Renewal:

Mississippi Lignite Mining Company,
Red Hills Mine (Choctaw County)
MS-002 Renewal 1

Mississippi Lignite Mining Company applied for a five-year term renewal of Surface Coal Mining Permit MS-002 Renewal 1 in Choctaw County, on December 21, 2011. The application was declared administratively complete on October 15, 2012. The application for permit renewal and notice of a public hearing were advertised in the Jackson Clarion Ledger and Choctaw Plaindealer newspapers. The public hearing was held on December 13, 2012, in Ackerman, Choctaw County, Mississippi. Public comments were received during the public hearing and by letter before and after the hearing. The MDEQ staff responded to all comments received. Per the MDEQ’s staff recommendation, the Board voted to approve the permit.

Surface Mining Bond Releases:

Hill Brothers Construction Co., Inc.
Lee              P09-023

Eutaw Construction Company, Inc.
Pontotoc       P11-021

Eutaw Construction Company, Inc.
Pontotoc       P11-022

RaCON, Inc.
Lowndes      P10-007

RaCON, Inc.
Lowndes      P11-015

RaCON, Inc.
Lowndes      P11-025

John E. Hodges
Lee               P94-102

Surface Mining Permits to Rescind:

Delta Construction & Land Co., LLC
Hinds          P95-088T1

Delta Construction & Land Co., LLC
Hinds          P99-060TA

The surface mining bond releases and permits to rescind listed above were approved in accordance with the staff’s recommendation.

The next Permit Board meeting will be held on March 12, 2013.

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.

IRS Circular 230 Notice

To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

Practice Attorneys

  • John E. Milner
  • Gene Wasson

Practice Groups

  • Environmental Law
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