August 22, 2013 - Mississippi Department of Environmental Quality

MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY Thursday, August 22, 2013 9:00 A.M. Room 104A 515 East Amite Street Jackson, Mississippi 39201 AGENDA 1.

Call to Order - Chair

2.

Approval of Minutes of July 25, 2013 Meeting

3.

Recognition of James MacLellan James MacLellan is anticipated to receive a national award for his work in building MDEQ's Dam Safety Program.

4.

Stephanie Howard, Executrix County-Preliminary Filings

of

the

Estate

of

Gerald

Donald,

Wayne

Stephanie Howard, Executrix of the Estate of Gerald Donald (“Petitioner”), has requested a hearing related to alleged contamination, including Naturally Occurring Radioactive Material (“NORM”), on Petitioner’s property in Wayne County. Petitioner has alleged a number of oil companies (“Oil Company Respondents”) and Davis Brothers (a trucking company) are responsible for the contamination on the Petitioner’s property which was previously owned by Davis Brothers. At its meeting on May 23, 2013, and pursuant to Miss. Code Ann. § 49-17-33, the Commission designated a hearing officer, Special Assistant Attorney General Ricky Luke, to conduct the requested hearing for the Commission and have the record prepared. The evidentiary hearing before Hearing Officer Luke is scheduled for the week beginning on Monday, January 27, 2014. Prior to the upcoming evidentiary hearing, the Oil Company Respondents have filed a Motion to Deny Plaintiff’s Illegitimate and Unauthorized Deposition Notices and Written Discovery Requests dated April 26, 2013. Additionally, the Petitioner has filed a Motion to Compel and for Contempt and/or Sanctions dated May 13, 2013. A Preliminary Hearing on these Motions and other preliminary filings by the Petitioner, the Oil Company Respondents and MDEQ was held before Hearing Officer Luke on July 17. The Commission has been provided copies of the transcript of the Preliminary Hearing as well as the attached exhibits for its review. The exhibits include the previously mentioned Motions and the Notices, Objections, Responses and Replies filed by the Petitioner, the Oil Company Respondents and MDEQ. The Findings and Recommendation of Hearing Officer Luke related to the Motions, Notices, Objections, Responses and Replies filed by the parties has also previously been provided to the Commission for its review. Pursuant to Miss. Code Ann. § 49-17-33, Hearing Officer Luke will present his Findings and Recommendation for the Commission’s consideration, but the Commission will be requested to make the final decision related to the preliminary filings in this matter. 5.

Commission Approval for Regulatory Variance Georgia Pacific will present a request to the Commission for a regulatory variance on their proposed industrial landfill.

6.

Update on the Delta Sustainable Water Resources Task Force Staff will brief the Commission on the recent activities of the Delta Sustainable Water Resources Task Force.

7.

Presentation on Geologic Importance Staff will give a presentation on the importance of geologic understanding to our State and MDEQ’s mission. Over the next few Commission meetings staff will present work, research, and geology of a few key counties within the State.

8.

Asbestos Certifications We have issued 92 asbestos certifications since the last report. This list will be available at the Commission meeting.

9.

Lead Paint Certifications We have issued 55 lead paint certifications since the last report. This list will be available at the Commission meeting.

10.

Underground Storage Tanks (UST) Certifications We have issued 2 certifications to those who install, alter, or remove underground storage tanks since the last report. This list will be available at the Commission meeting.

11.

Wastewater Operator Certifications We have issued 62 wastewater operator certifications since the last report. This list will be available at the Commission meeting.

12.

Emergency Clean-Up Expenses We have 4 emergency expenditures since the last report. See Attachment 1 at the end of this agenda.

13.

Administrative Orders We have issued 16 administrative orders since the last report and they should be added to the minutes. The staff will highlight any orders that we think are especially noteworthy. See Attachment 2 at the end of this agenda.

14.

Other Business

15.

Confirmation of Meeting on Thursday, September 26, 2013

16.

Adjournment

(Attachment 1) 8/22/2013 EMERGENCY SERVICES CLEAN-UP

To: Amount: For:

United States Environmental Services $7,584.52 Date of Response: 02/21/13 Costs associated with providing supervision, labor, equipment and materials to respond to and clean up a diesel spill from a sunken boat in Hancock County.

To: Amount: For:

United States Environmental Services $481.39 Date of Response: 02/05/13 Costs associated with providing supervision, labor, equipment and materials to respond to and pick up an abandoned drum in Jackson County.

To: Amount: For:

United States Environmental Services $2,237.50 Date of Response: 05/10/13 Costs associated with providing supervision, labor, equipment and materials to clean up a gasoline spill in Marshall County.

To: Amount: For:

United States Environmental Services $4,488.61 Date of Response: 04/17/13 Costs associated with providing supervision, labor, equipment and materials to clean up a motor oil spill in Rankin County.

(Attachment 2) 8/22/2013 ADMINISTRATIVE ORDERS Respondent

Order No.

Summary

1

M-I LLC Waynesboro, MS

Order No. 6280 13 Respondent agrees to the terms and conditions listed A – C of this Order.

M-I LLC desires to submit and MDEQ accepts this site for participation in the Uncontrolled Site Voluntary Evaluation Program.

2

R Squared Puckett, Inc. Puckett, MS

Order No. 6281 13 Respondent agrees to pay MDEQ $12,500 within forty five (45) days of this Agreed Order.

Respondent was in violation of Pretreatment Permit No. MSP090525. Violations are listed in Section 1, A – M of this Agreed Order.

3

B and B Concrete Company Tupelo, MS

Order No. 6282 13 Respondent agrees to pay MDEQ $3,400 within forty five (45) days of this Agreed Order. Respondent agrees to submit proper modification documents to the Environmental Permits Division of MDEQ within thirty (30) days of this Agreed Order.

Respondent was in violation of the Tupelo facility (MSG110096) and Holly Springs facility (MSG110079).

4

Aluminum Extrusions, Inc. Senatobia, MS

Order No. 6283 13 Respondent agrees to pay MDEQ $12,000 within forty five (45) days of this Agreed Order. Respondent agrees to comply with the terms and conditions of Title V Operating Permit 2600-00026 until the Permit Board or its designee acts on the renewal application for Respondent’s Permit.

Respondent was in violation of operating without a valid air operating permit since May 31, 2013.

5

Omega Protein, Inc. Moss Point, MS

Order No. 6284 13 Respondent agrees to pay MDEQ $20,000 within forty five (45) days of this Agreed Order. Respondent agrees to immediately take all reasonable steps necessary to operate its waste water treatment system(s) to comply with the effluent limitations of its Pretreatment Permit No. MSP091702 and NPDES Permit No. MS0002950 and achieve compliance with effluent limitations no later than September 1, 2013. Respondent agrees to demonstrate compliance with effluent limitations through submission of the required Discharge Monitoring Reports.

Respondent was in violation of Pretreatment No. MSP091702 and NPDES No. MS0002950. Violations are listed in Section 2 and 3 of this Agreed Order.

6

Midstates Petroleum Company LLC and Mid South Petroleum Corporation

Order No. 6285 13 Respondents agree to pay MDEQ jointly and/or severally $17,500 within one hundred eighty (180) days of this Agreed Order.

Violations for Mid South and for Midstates are listed in Section 2 of this Agreed Order.

7

City of Ruleville Ruleville, MS

Order No. 6286 13 Respondent agrees to pay MDEQ $7,000 within forty five (45) days of this Agreed Order. Respondent agrees to make proper solid waste management services available to the citizens of the City of Ruleville.

Respondent was in violation of unauthorized dumping and burning of solid waste.

8

Citizens National Bank Madison, MS


Respondent failed to obtain coverage under Mississippi’s Large Construction Storm Water General Permit before commencement of land disturbing activities.

9

Huey Stockstill Picayune, MS

Order No. 6288 13 Respondent agrees to pay MDEQ $5,000 within forty five (45) days of this Agreed Order. Respondent agrees to submit an acceptable amendment to the Storm Water Pollution Prevention Plan no later than September 8, 2013.

Respondent was in violation of the Ready Mix Concrete General Permit MSG11052.

10

Shale Support Services Picayune, MS


Respondent was in violation of Large Construction Storm Water General Permit MSR106120.

11

Adoption of Amendments Administrative Procedures Act (“APA”)

Order No. 6290 13

This Order is in the matter of the Adoption of Amendments to Commission Regulations to comply with the amended Administrative Act (“APA”) and Regulations of the Mississippi Secretary of State.

12

Liberty Fuels Company, L.L.C. Kemper County, MS

Order No. 6291 13

This Order authorizes the Commission to set a permit fee to be charged by the Commission for the review of a surface coal mining permit application and for the administration and enforcement of an issued surface coal mining permit.

13

Mississippi Lignite Mining Company Choctaw County, MS

Order No. 6292 13

This Order authorizes the Commission to set a permit fee to be charged by the Commission for the review of a surface coal mining permit application and for the administration and enforcement of an issued surface coal mining permit.

14

Signet Maritime Corporation Pascagoula, MS

Order No. 6293 13 Respondent agrees to comply with the Synthetic Minor Operating Permit No. 1280-00047 until the Permit Board or its designee acts on the renewal application. Respondent agrees to pay MDEQ $7,500 within forty five (45) days of this Agreed Order.

Respondent was in violation of Air Synthetic Minor Operating Permit No. 1280-00047. Respondent was in violation of Baseline Storm Water General Permit Coverage No. MSR000791. Respondent was in violation of NPDES Permit No. MS0048445.

15

Yancy Brothers Construction Olive Branch, MS


Respondent was in violation of Large Construction Storm Water General Permit MSR103978.

16

Sprint United Management Company Gulfport, MS

Order No. 6295 13 Respondent agrees to the terms and conditions listed A – C of this Order.

Sprint desired to submit and MDEQ accepts this site for participation in the Uncontrolled Site Voluntary Evaluation Program.