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 Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on March 17, 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 February meeting and all non-controversial actions/certifications by the staff since the February meeting. Following a prepared agenda, items considered were as follows:
OFFICE OF GEOLOGY
In accordance with staff’s recommendations, the Board approved the following surface mining bond releases and permits to approve.
Surface Mining Bond Releases:
|
Permittee |
County |
Permit |
Staff Recommendation |
| Eutaw Construction Company, Inc. |
Rankin |
P12-020 |
30% Release |
| W.G. Yates & Sons Construction Co. |
DeSoto |
P13-009T |
60% Release |
The following Surface Mining Permit Transfer was withdrawn pending additional information to be submitted by applicant.
|
Permittee |
County |
Permit |
| Joe McGee Construction Company, Inc., to Green Earth Materials, LLC |
Rankin |
P06-10T1A |
OFFICE OF POLLUTION CONTROL
Solid Waste Management & Mining Branch
Staff recommended approval of permits for the Northeast MS Regional Landfill in Tippah County. After noting that the applicant is in compliance with all permits, the Board approved the following renewals: Modification of Wastewater Pretreatment Permit (MSP091079), Title V (2660-00055), Stormwater NPDES (MSS049301).
Construction and Building Material Branch
Michael Griffin of MDEQ staff stated that the Board has approved the State Wide Multimedia Hot Mix Asphalt Facility General Permit (MSR70).
Staff also reported that minor modifications to the MMS Materials, Inc. facility in Scott County are complete. The facility is currently in compliance with all permits. The Board approved the facility’s Ready Mix General Permit (MSG110026).
MDEQ staff stated that Dry Asset purchased the Picayune Frac Plant facility formerly owned by Alliance Consulting Group, LLC (Alliance). Dry Asset purchased the facility, located in Pearl River County in bankruptcy proceedings. Following discussion, the Board approved the proposed name change for the following permits: Water Quality Certification (WQC2012071), Air Construction (2180-00052), Baseline Stormwater (MSR002071), and Construction (MSR106120). Staff also reminded the Board of the upcoming Evidentiary Hearing that had been postponed because of the bankruptcy (no date specified).
In discussion, MDEQ staff stated that Shale Support Services (Operator) will continue to operate with facility no change in activities. MDEQ previously cited Alliance for operating prior to issuance of a permit in 2012 and cited Operator in 2013. However, all penalties have been paid and multiple site visits performed by MDEQ indicated no odor or sedimentation issues.
Mr. Skip Negratto of Gulfport, attorney for residents of Ravenwood subdivision, stated that residents have filed numerous complaints regarding odor and sedimentation concerns at the facility. Mr. Negratto presented photos documenting odor/air quality concerns and turbid stormwater runoff. Mr. Negratto requested that the Board postpone approval of Dry Asset’s permits until after the Evidentiary Hearing.
Ms. Amanda Tollison, attorney for Alliance and Dry Asset, noted that the facility is in an industrial park that was established prior to development of Ravenwood subdivision. The Dry Asset facility dries sand and does not produce odors. Other industries within the park include plastics and chemical creosote operations, which may be the source of odor.
OTHER BUSINESS
The next Permit Board meeting will be held on April 14, 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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