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Mississippi Environmental Quality Permit Board Summary of Meeting Held October 14, 2014

October 29, 2014 by Brunini Law

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.

Practice Attorneys

  • R. Richard Cirilli, Jr.
  • John E. Milner
  • Gene Wasson

Practice Groups

  • Environmental Law
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