Mississippi Department of Environmental Quality

A. An ERAC or applicant may have its approval revoked or application for renewal denied for a length of time as specified by the Commission for cause according to the procedures established in Miss. Code Ann., Section 49-17-427. B. Causes which may result in nonrenewal, revocatio…

A. The Commission may deny an ERAC application if the Commission has reason to believe that the applicant cannot satisfy the performance standards in Rule 1.12 of these regulations. B. Causes which may result in denial of an ERAC application include any of those listed in Rule 1.…

Eligibility for Reimbursement from The Mississippi Groundwater Protection Trust Fund. To be eligible for reimbursement of costs incurred during any response action the following minimum conditions must be met: A. the release must have been confirmed and reported to the Department…

A. The Trust Fund may be used at eligible sites for costs incurred in conducting site investigations, assessments, and remediation, in replacing potable water supplies, and in paying third party claims in accordance with Rule 1.18 of these regulations. Owner's and/or operator's r…

Payments from the Trust Fund may be made to underground storage tank owners, and response action contractors, for their eligible costs incurred up to $1,500,000 for investigation, assessment, and/or remediation for each confirmed release, provided the following minimum conditions…

Payments of up to $1,000,000 per site per release occurrence may be made to any third party who brings a third party claim against any owner of an underground storage tank and the Commission as trustee of the Mississippi Groundwater Protection Trust Fund and who obtains a final j…

The Department may deny any reimbursement request of an eligible party if the costs incurred were unreasonable, unnecessary, or were not incurred in accordance with these regulations, the UST technical regulations, or the procedures developed for managing the Mississippi Groundwa…

A. These regulations are promulgated pursuant to the provisions of the Underground Storage Tank Act of 1988, Miss. Code Ann., Section 49-17-405, which created the Mississippi Groundwater Protection Trust Fund (the Trust Fund). B. Under the Act, the Executive Director of the Depar…

Hearings may be requested regarding any of these provisions of these rules. A person who violates any provision of these regulations or of state law is subject to any actions and remedies allowed under state law. Enforcement and appeals shall be accordance with the Mississippi Un…

These regulations do not convey any property rights in either real or personal property, or any exclusive privileges, invasion of personal rights or any infringement of federal, state, or local law. Notes 11 Miss. Code. R. 5-1.21 Miss. Ann. §§ 49-2-9(1)(b), 49-17-17(i), 49-17-401…

All definitions found in Miss. Code Ann., Section 49-17-403, are incorporated in these regulations. The following definitions also apply to these regulations: A. "Environmental Response Action Contractor (ERAC)" means a person who has been approved by the Commission to carry out …

A. IRAC's shall be responsible for response actions on an immediate basis which may at a minimum include planning, designing, construction, and services related to any discharge, release, or threatened release of motor fuels. The Department shall determine when a release necessit…

A. To remain on the list of approved IRACS, and IRAC must annually submit an updated application. The application must be submitted no later than one year after approval of the IRAC. B. An IRAC shall notify the Department, in writing, within ten (10) days of changes to informatio…

Applicants meeting the requirements of Rule 1.4 of these regulations must be capable, at a minimum, of performing the following services in a satisfactory manner: A. excavating, transporting, and properly disposing of soil and/or groundwater contaminated with motor fuels; B. inst…

Approved IRAC's must, at a minimum, perform satisfactorily in the following areas: A. assigning proper supervisory personnel to the work site to ensure efficient and effective site management, use of personnel, and coordination of subcontractors; B. submitting true and accurate i…

A. The Commission may deny an IRAC application if the Commission has reason to believe that the applicant cannot satisfy the requirements of Rule 1.6 of these regulations or the performance standards in Rule 1.7 of these regulations. B. Causes which may result in denial of an IRA…

A. IRAC's may be removed for cause from the approved list of contractors at any time by the Commission according to the procedures established in Miss. Code Ann., Section 49-17-427. A contractor who is removed from the approved list of IRAC's shall not be reconsidered for approva…

The purpose of these Regulations is to provide for the certification and regulation of persons installing, altering, testing, and permanently closing underground storage tank (UST) systems which contain regulated substances. These regulations are promulgated to assure that UST sy…

A. Individuals certified to install, alter, test, and permanently close UST systems must receive at least sixteen (16) hours of related continuing education during the two (2) year certification period unless otherwise approved by the Department. B. Individuals certified to only …

If a Certified Installation Contractor, Permanent Closure Contractor, UST Technician, or Cathodic Protection Tester wants to become certified after their certification expires, they must meet all of the certification requirements in: A. Rule 3.6 A.2 - A.6, and F, and if applicabl…

The Commission may penalize, revoke any certificate, and deny any application or renewal application for good cause. Good cause may include, but is not limited to: A. fraud or deception; B. failure to use reasonable care or judgement in the performance of duties; C. incompetence …

A. Any interested party, including the Department, may request a hearing before the Commission as provided in Sections 49-17-31, 49-17-33, 49-17-35, 49-17-37, or 49-17-41 or other applicable provisions of law. Hearings may be requested regarding any of the provisions of these rul…

A certification issued by the Department or Commission does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights nor any infringement of federal, st…

These regulations are promulgated pursuant to the provisions of the Underground Storage Tank Act of 1988, particularly Section 49-17-429, Mississippi Code Annotated of 1972, requiring that beginning on July 1, 1990, all persons who install, alter, or permanently close underground…

All the definitions found in Mississippi Underground Storage Tank Regulations, Section 49-17-403, are incorporated in these regulations. The following definitions also apply to these regulations: A. "Alter" or "Alteration" means the correction or modification of a UST system, inc…

A. These regulations apply to all persons who install, alter, test, or permanently close underground storage tank systems in this state, except as provided in Rule 3.4.B below. B. The provisions of these regulations do not apply to the installation, alteration, testing, and perma…

A. Beginning on July 1, 1990, no person may install, alter, or permanently close underground storage tank systems in this state unless that person holds current certification from the Department. B. Beginning on (6 months from implementation of regulations), no person may test or…

A. To be a certified installation contractor, certified permanent closure contractor, or certified UST technician of underground storage tank systems, an applicant for certification must meet the following requirements: (1) be at least 18 years of age; (2) complete and submit an …

A. The Department shall prepare examinations to determine an applicant's knowledge, ability, and judgment. B. Applicants must meet all of the certification requirements within six (6) months from the date of receiving a passing score to receive certification. After six (6) months…

A. The Department shall issue certification to applicants who meet all certification requirements. B. Certifications for Installation Contractors, Permanent Closure Contractors, and UST Technicians shall be issued for a period of two (2) years. C. Certifications for Certified Cat…

Certificates issued by the Department as a Certified Installation Contractor, Certified Permanent Closure Contractor, and Certified UST Technician must be renewed every two (2) years. Certificates issued by the Department as a Certified Cathodic Protection Tester must be renewed …

A. Antidegradation: The policy inherent in the standards shall be to protect water quality existing at the time these water quality standards were adopted and to upgrade or enhance water quality within the State of Mississippi. Waters whose existing quality is better than the est…

A. Narrative Standards: (1) Waters shall be free from substances attributable to municipal, industrial, agricultural, or other discharges that will settle to form putrescent or otherwise objectionable sludge deposits. (2) Waters shall be free from floating debris, oil, scum, and …

A. PUBLIC WATER SUPPLY CLASSIFICATION: Waters in this classification are a source of raw water supply for drinking and food processing purposes. The water treatment process shall be approved by the Mississippi State Department of Health. The raw water supply shall be such that af…

A. Chlorides, Sulfates, and Total Dissolved Solids (TDS) in the Mississippi River: The Mississippi River is classified as Fish and Wildlife. All water quality criteria for the Fish and Wildlife classification apply but with the following additions to the criteria stated herein: M…

According to 40 CFR 131.13, States may, at their discretion, include in their State standards, policies generally affecting their application and implementation, such as mixing zones, low flows and variances. Such policies are subject to U.S. EPA review and approval. If the State…

All Surface Waters of the State not specifically listed below shall be classified as Fish and Wildlife. Surface Waters of the State waters carrying other classifications are: Coastal Streams Basin Waters Location Classification Back Bay of Biloxi From Popps Ferry Bridge to Biloxi…

A. These regulations are promulgated under the authority provided by Miss. Code Ann. Section 21-27-207. B. Miss. Code Ann. Section 21-27-211 requires that beginning on July 1, 1987, all municipal and domestic wastewater treatment plants be operated by persons who are certified as…

A. "Association" means the Mississippi Water and Pollution Control Operator's Association. B. "Certificate," the certification of competency issued by the Department stating that the operator has met the requirements for the specified operator classification. C. "Commission," the…

A. Wastewater facilities shall be classified in accordance with criteria outlined below. The facility operator must be certified at a level equivalent to or higher than the facility classification. CLASS FACILITY DESIGN CAPACITY I-C Collection only (voluntary) up to 1,000,000 GPD…

A. Operator Qualifications for Certification (1) Class IV (a) The applicant must have at least a bachelor's degree in engineering, biological sciences, mathematics, chemistry, or physics from an accredited college or university, at least one (1) year of experience in a Class IV w…

A. Certified operators in charge of wastewater facilities must personally visit said facilities at a sufficient frequency and duration to perform such tasks as may be required by the permit and to ensure proper operation and management of said wastewater facilities. Unless otherw…

A. Subject to the provisions of Rule 3.5.B., certificates may be renewed without examination, however, in order to be eligible for certificate renewal, a certification renewal application should be filed prior to the expiration of the existing certificate. The application must be…

A. The Commission may revoke or suspend the certificate of an operator, following a hearing before the Commission, when it is found that the operator: (1) has practiced fraud or deception, (2) fails to use reasonable care, judgment, and/or apply knowledge in the performance of du…

Enforcement and appeals shall be in accordance with the Municipal and Domestic Water and Wastewater System and Nonhazardous Solid Waste Management Facilities Operator's Certification Act of 1992. Notes 11 Miss. Code. R. 6-3.8 Miss. Code Ann. §§ 21-27-201, et seq., 49-2-1, et seq.…

A. Scope of Regulations. These regulations, adopted pursuant to Section 49-17-61, Mississippi Code of 1972, as amended, shall govern the Mississippi Water Pollution Control Revolving Fund Program. These regulations may be superceded by the SRF loan agreement when approved by the …

A. Eligible Applicant Determination. To be eligible for financial assistance, an applicant must meet the definition of an eligible applicant as described in Rule 4.1.C.(17) of this regulation, as determined by the Department. B. Obligation Period. Federal funds allotted to the St…