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Mississippi Environmental Quality Permit Board Summary of Meeting Held May 14, 2013

May 14, 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 May 14, 2013, at the offices of the Mississippi Department of Environmental Quality in Jackson. Jan Boyd chaired the meeting attended by all Board members. Minutes from the April 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

State of Mississippi State-Wide General Permit
Vegetative Debris and Untreated Wood
Waste Composting Facility                SWGP-C1

This state-wide permit was first approved by the Board in 1998. Today, the MDEQ staff recommended that the Board vote once again to approve the state-wide general permit for Vegetative Debris and Untreated Wood Waste Composting Facility. The permit encourages more composting across the State of Mississippi, decreasing the amount of waste sent to landfills. Currently, there are 11 facilities in the State that are covered under this permit, but MDEQ has seen more interest from cities and counties around the State. On April 1, 2013, the permit went to public notice and MDEQ received one letter of concern regarding setback issues as related to composting facilities. Upon staff’s recommendation, the Board voted to approve the permit.

Alliance Consulting Group, LLC (Pearl River County)

Issuance of Water Quality Certification
WQC2012071

The proposed project, a sand processing facility, is located on approximately 78 acres near the industrial park in Picayune, Mississippi. MDEQ has previously issued three other permits to the applicant for the construction of this facility. A water quality certification is needed because approximately 1.9 acres of jurisdictional wetlands will be impacted by proposed operations at the facility. During public notice for the draft permit, residents from the nearby Ravenwood Subdivision submitted to MDEQ letters of concern regarding potential increased flooding in the area, health issues, noise impacts and decreases in property value in the area. Additionally, MDEQ staff noted that the site has previously been issued two Notices of Violation (NOV), but has resolved both NOVs to the agency’s satisfaction, including a civil penalty paid in full. Following statements made to the Board by representatives for the Ravenwood Subdivision and representatives for Alliance Consulting Group, LLC, the Board took a five minute recess to review all relevant information. Upon returning from the recess, a motion was made to accept MDEQ staff’s recommendation to approve the permit. The permit was approved by a majority vote of the Board with the Office of Fish & Wildlife abstaining.

OFFICE OF GEOLOGY

Surface Mining Bond Releases:

L.D. Hancock Family, LLC
Lee                 P94-136T

Robbie Robinson, Inc.
Rankin           P02-033

Tanner Construction Company, Inc.
Lawrence      P07-005A

Kentucky-Tennessee Clay Company
Panola           P97-008

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

The next Permit Board meeting will be held on June 11, 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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