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 Department of Environmental Quality Permit Board (Board) convened its regular monthly meeting at 9:00 a.m. on September 8, 2015 at the offices of the Mississippi Department of Environmental Quality in Jackson. Mr. David H. Snodgrass, RPG chaired the meeting.
The Board approved minutes from the August meeting. Also the Board approved non-controversial actions/certifications by the staff since the August meeting.
Following a prepared agenda, items considered were as follows:
OFFICE OF GEOLOGY
In accordance with MDEQ staff recommendations, the Board approved the following surface mining bond releases and permits to transfer.
Surface Mining Bond Release:
|
Permittee |
County |
Permit |
Staff Recommendation |
| Eutaw Construction Company |
Monroe |
P98-025 |
Initial 80% Release |
| Hammett Gravel Company |
Holmes |
P00-019 |
Final 30% Release |
| Hammett Gravel Company |
Holmes |
P00-059 |
Final 40% Release |
| Lloyd G. Spivey, Jr. |
Madison |
P02-014 |
Final 10% Release |
| Dubois Dozer & Dirt, Inc. |
Rankin |
P06-015 |
Additional 30% Release |
| Dubois Dozer & Dirt, Inc. |
Rankin |
P06-031 |
Final 50% Release |
| Dubois Dozer & Dirt, Inc. |
Rankin |
P08-012A |
Initial 60% Release |
Surface Mining Permit to Rescind:
|
Permittee |
County |
Permit |
| Standard Gravel Company, Inc. |
Forrest |
P08-002 |
| Edgin Construction, Inc. |
Adams |
P07-008 |
OFFICE OF POLLUTION CONTROL
Construction Branch:
The Board approved issuance of the Modification of Asphalt General Permit Coverage (MSR700098) for Huey P. Stockstill, LLC, Picayune Ready Mix and Asphalt Plant. Upon notification by the Applicant, a neighboring property owner submitted a letter of concern requesting that the Applicant locate the facility a less-populated area. The letter did not express any environmental concerns. Because facility’s application is complete and the facility is currently in compliance, MDEQ recommended issuance of the Modification.
Solid Waste Management and Mining Branch:
The Board approved Reissuance of Solid Waste Permit (SW009010B0302) for Waste Management of Mississippi, Inc., Prairie Bluff Sanitary Landfill and Recycling Center in Chickasaw County. A public hearing on the permit was held, and there was no opposition at the hearing. Because the facility’s application is complete and the facility is currently in compliance, MDEQ staff recommended reissuance of the Permit.
Agricultural Branch:
The Board approved modification of coverage under the AFO General Permit (MSG201834) and Storm Water Coverage (MSR106963) for GottaGo Poultry in Copiah County. The modification will include eight poultry houses and construction activity on twelve acres of land. Staff stated that upon notification by the Applicant, a neighboring property owner submitted a letter of concern regarding health risks. Because the facility’s application is complete and the facility is currently in compliance, MDEQ staff recommended issuance of the modification.
Solid Waste Policy, Planning, and Grants Branch:
The Board approved the proposed Statewide General Permit for Biosolids Land Application (SWGP-BLA). Sites approved under this permit must meet the siting and operational standards established by the Mississippi Nonhazardous Solid Waste Management Regulations as well as Federal Standards for the Use and Disposal of Sewage Sludge. Facilities approved under the General Permit will be required to prevent run-off and limit public access and livestock grazing.
MDEQ received three comments at public hearing on the draft General Permit held on August 4, 2015. In addition, two letters of concern were submitted to the agency. The stated concerns included sludge application methods, the possibility of runoff from application sites, and the advantage of a general permit compared to an individual permit.
In response to questions from the Board, MDEQ Staff stated that the General Permit will require application methods that are similar to the individual permits already in place: biosolids will be tested prior to application, buffers between adjacent land will be required, and access to application sites will be limited. Further, the General Permit will allow MDEQ to require monitoring of nearby streams and groundwater when site-specific conditions warrant such monitoring. Consistent with the current process for individual biosolids application permits, issuance of coverage under the General Permit will not require notification of contingent landowners. Finally, MDEQ Staff stated that they will require individual permits for biosolids application on sensitive areas or areas subject to significant public interest.
Following discussion, the Board approved the proposed General Permit with Mr. Dennis Reike voting in opposition. Mr. Reike stated he opposed the permit because it does not require groundwater and surface water monitoring and notification of contingent landowners at all permitted sites.
OTHER BUSINESS
MDEQ stated that the agency is reviewing records requests and may make changes if needed to ensure that fees remain consistent with those of other state agencies.
Minutes from the West Rankin Utility Authority Evidentiary Hearing will likely be available at the October 2015 Permit Board meeting. In addition, a draft version of the Findings of Facts will likely be available in November 2015.
The next Permit Board meeting will be held on October 13, 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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