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 October 14, 2014, at the offices of the Mississippi Department of Environmental Quality in Jackson. Leslie Royals, PE chaired the meeting attended by all Board members. The Board approved minutes from the September meeting and all non-controversial actions/certifications by the staff since the September 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, permits to transfer, and permits to rescind.
Mr. James Matheny of MDEQ staff provided the following explanation regarding the recommendations to transfer and rescind permits for Tri-State Brick and Tile Company, Inc. Tri-State went into bankruptcy, and Trustmark Bank took its properties. Tri-State Jackson Lands, LLC entered into a purchase agreement with Trustmark Bank to and requests to transfer the associated permits.
Surface Mining Bond Releases:
|
Permittee |
County |
Permit |
MDEQ Staff Recommendation |
| Tanner Construction Company, Inc. | Washington | P10-023 |
100% release |
| Tanner Construction Company, Inc. | Washington | P10-024 |
100% release |
| Tanner Construction Company, Inc. | Washington | P10-035 |
100% release |
| Kevin Coleman Construction, Inc. | Hinds | P04-042 |
100% release |
Surface Mining Permits to Transfer:
|
Permittee |
County |
Permit |
Staff Recommendation |
| Johnston’s Sand and Gravel, Inc. requests a transfer to APAC-Mississippi | Clarke | P03-038AAT | Approve transfer |
| Walters Development LLC., requests a transfer to Chris Albritton Construction | Lauderdale | P01-032T | Approve transfer |
| Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC | Hinds | P11-003T | Approve transfer |
| Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC | Hinds | P09-006T | Approve transfer |
| Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC | Hinds | P06-008T | Approve transfer |
| Tri-State Brick and Tile Company, Inc., transfer to Tri-State Jackson Lands, LLC | Hinds | P00-067AT | Approve transfer |
| Tri-State Brick and Tile Company, Inc., transfer to Tri-State Coleman Lands, LLC | Noxubee | P09-008T | Approve transfer |
Surface Mining Permits to Rescind:
|
Permittee |
County |
Permit |
Staff Recommendation |
| Tri-State Brick and Tile Company, Inc. | Hinds | P96-061 |
Release, reclamation 100% complete |
| Tri-State Brick and Tile Company, Inc. | Hinds | P98-005 |
Release, reclamation 100% complete |
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Groundworx, LLC, Forrest and Lamar Counties: MSU213009
The Board adopted the Findings of Fact and Conclusions of Law regarding the issuance of a State Operating Permit for Groundworx, LLC. The permit for Groundworx was developed following an Evidentiary Hearing held on July 15, 2014. The board had no additional questions or objections to the permit and approved the Findings of Fact and Conclusions of Law for adoption into the meeting minutes.
North Lee County Water Association, Lee County: MS-GW-17109, MS-GW-17110, MS-GW-17111, MS-GW-17112, MS-GW-17113, MS-GW-17114
The Board adopted the Findings of Fact and Conclusions of Law for North Lee County Water Association, Lee County, MS. After an evidentiary hearing held on August 12, 2014, MDEQ Staff proposed six groundwater withdrawal permits with special terms and conditions. The permits were emailed to the Board members for review prior to the meeting. The Board had no additional questions or objections to the permits and approved the Findings of Fact and Conclusions of Law for adoption into the meeting minutes.
OTHER BUSINESS
MDEQ is developing Permit Board Rules and Regulations of Practice for Evidentiary Hearings. The Draft Rules and Regulations will be issued soon for review by publication on the MDEQ website. In addition, MDEQ will hold a public meeting to solicit additional input on the Rules.
The next Permit Board meeting will be held on November 4, 2014. The meeting will be held on the first Tuesday in November because the second Tuesday falls on Veterans Day.
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.
If you have any questions concerning the matters summarized in this Newsletter, please contact John Milner at jmilner@brunini.com or (601) 960-6842.
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.