Mississippi Administrative Code

A. Closure - activities conducted by the owner to properly secure a solid waste disposal facility in such a manner as to prevent or reduce the potential for contaminants to be released to an off-site location or to prevent or minimize the possibility of persons being exposed to t…

A. Only those nonhazardous solid waste disposal facilities which received in whole or in part household waste and which closed prior to the effective date of Title 40 of the Code of Federal Regulations, Section 258, are eligible for receiving funds from the Trust Fund. B. The Com…

A. If an owner of a nonhazardous solid waste disposal facility has sufficient evidence that a release or substantial threat of a release of contaminants from a facility exists, he shall notify the Department and submit all such evidence to the Department. B. If the Commission det…

The Trust Fund may be used to reimburse owners of a facility for costs incurred as a result of emergency actions, assessment or remediation of contaminants, long term monitoring where necessary, and to provide for post-closure care not considered to be normal costs. It is the int…

A. Whenever there are insufficient unencumbered funds to pay for the costs of all activities or facilities which have been identified as needing corrective action, the following factors shall be used by the Department in establishing priorities: (1) Sites where methane gas in exp…

These Regulations are promulgated by the Mississippi Commission on Environmental Quality pursuant to Mississippi Code Annotated section 17-17-501 (Supp. 1993), as amended by House Bill No. 1345 effective March 29, 1994, et seq.. [Miss. Laws, 1991, ch. 583, Miss. Laws, 1992, ch. 5…

The staff is authorized to call on criminal investigatory and prosecutorial authorities and other agencies of the state to assist in the review and investigation of disclosure statements and applicants. Notes 11 Miss. Code. R. 4-7.10 Miss. Code Ann. §§ 17-17-1, et seq., 17-17-501…

Following issuance, reissuance or transfer of a permit within the scope of these Regulations, the person to whom the permit was issued shall file an updated disclosure statement annually on the anniversary of the permit issuance date as stated on the permit. If there has been no …

Failure of a holder of a permit within the scope of these Regulations to annually update the disclosure statement originally filed with the issuance, reissuance or transfer of such permit shall be grounds for revocation of the permit by the Permit Board. Notes 11 Miss. Code. R. 4…

Disclosure statements and the information contained therein, except in so far as such may be accorded confidentiality pursuant to Mississippi Code Annotated section 17-17-27(6)(Supp. 1993) or pursuant to other laws of the state of Mississippi, are public records within the meanin…

The Permit Board, the Staff or both may require the applicant to submit additional information in the disclosure statement beyond what is specifically required by these Regulations. For purposes of these disclosure regulations, such additional information is limited to items whic…

The Permit Board may refuse to issue, reissue or transfer a permit if the Permit Board finds that the applicant or any person required to be listed in the disclosure statement: A. has misrepresented or concealed any material fact in the disclosure statement; B. has obtained a per…

. In determining whether to issue, reissue or transfer a permit for the treatment, processing, storage or disposal of nonhazardous solid waste at a commercial nonhazardous solid waste management facility or hazardous waste at a commercial hazardous waste management facility, the …

. The Permit Board shall allow the applicant to submit evidence of rehabilitation and shall consider the applicant's efforts to prevent recurrence of the unlawful activity in its determination under Rule 7.15 of these Regulations. A. Items to be considered by the Permit Board sha…

If, following issuance, reissuance or transfer of a permit, a change in circumstances is reported by the permit holder, the Permit Board may reconsider such action after notice to the applicant and the opportunity for a hearing in accordance with Miss. Code Ann. section 49-17-29(…

Each of these Regulations promulgated under the Act and each part or subpart of said Regulations are intended by the Commission to be severable such that should any Regulation or any part or subpart of any Regulation be held to be invalid by any court, such invalidity shall not a…

These Regulations shall be entitled Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations. Notes 11 Miss. Code. R. 4-7.2 Miss. Code Ann. §§ 17-17-1, et seq., 17-17-501, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, e…

Any applicant denied the issuance, reissuance or transfer of a permit because of information disclosed pursuant to these Regulations, or any other interested party aggrieved by actions of the Permit Board related thereto, may request a formal hearing concerning such action before…

The Commission on Environmental Quality may waive the filing of disclosure information related to applicants for permits involving the storage, treatment, processing or disposal of nonhazardous solid waste only if the information regards the holder of less than five percent (5%) …

. The original Regulations were adopted by the Mississippi Commission on Environmental Quality on October 24, 1991. Notwithstanding anything to the contrary, the initial amendments to the original Regulations included herein were adopted on December 17, 1992, and became effective…

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise. Terms not defined herein shall have their ordinary meanings unless such terms have a specialized meaning within the nonhazardous solid waste and hazardous waste…

A. Every applicant (other than a public agency) for issuance, reissuance or transfer of a permit for the treatment, processing, storage or disposal of nonhazardous solid waste at a commercial nonhazardous solid waste management facility or hazardous waste at a commercial hazardou…

The disclosure statement shall be filed on forms supplied by the Department and shall contain the following information: A. Applicant Identity. A description of the business structure of the entity making the application, i.e., whether the applicant is an individual, a partnershi…

A. Disclosure statements shall be signed and sworn to or affirmed by the applicant, as follows:(1) If the applicant is a corporation, by at least one of the following: its president, its chairman of the board, any other chief executive officer thereof, its secretary, its treasure…

If, while applicant is awaiting action upon a permit application [within the scope of these Regulations] by the Permit Board, a change in circumstances renders any information provided in a disclosure statement incorrect, misleading or otherwise inaccurate, applicant shall advise…

Changes in circumstances shall be reported on amendment forms provided by the Department. The amendment form(s) shall be signed and sworn to or affirmed by the same person(s) and in the same manner as authorized by Rule 7.6 above for the disclosure statement. Notes 11 Miss. Code.…

Where multiple changes in circumstances are to be reported, the Department, in its discretion, may require the filing of a new disclosure statement. Notes 11 Miss. Code. R. 4-7.9 Miss. Code Ann. §§ 17-17-1, et seq., 17-17-501, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq. a…

A. These regulations are promulgated under the authority provided by the Miss. Code Ann. Section 21-27-207. B. The Miss. Code Ann. Section 21-27-211 and the Mississippi Nonhazardous Solid Waste Management Regulations require that all commercial solid waste landfills and class I r…

The definitions provided in this section are for the purposes of these regulations. All other relevant terms for which no definition is provided in these regulations shall be used as defined by the Mississippi Nonhazardous Solid Waste Management Regulations. A. "Certificate" mean…

A. Qualifications for Commercial Solid Waste Landfill Operator Certification (1) An applicant may receive a certificate of competency as a Commercial Landfill Operator from the Commission if the applicant is a graduate of an accredited high school or an equivalent (GED) program, …

A. Eligibility for Renewal/Recertification(1) A certificate of competency issued under Rules 8.3(A) and (B)(1)(a) and B. of these regulations may be renewed. Such renewal may be made without examination, provided that a renewal application is submitted prior to the expiration of …

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…

A. Certificates of competency may be issued, without examination, to an operator who holds a current, valid certificate from another state or a private company that has entered into a reciprocity agreement with the Commission. B. Reciprocity agreements may be established if the C…

Enforcement and appeals shall be in accordance with the Sections 21-27-201 through 21-27-221 of the Mississippi Code Annotated. Notes 11 Miss. Code. R. 4-8.7 Miss. Code Ann. §§ 17-17-1, et seq., 17-17-201, et seq., 21-27-201, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq., a…

A. Purpose, Scope and Applicability(1) As per Rule 1.1(B)(5) of the Mississippi Nonhazardous Solid Waste Management Regulations, the Mississippi Department of Environmental Quality may make determinations that allow for the beneficial use of eligible nonhazardous solid wastes in …

A. Eligibility Requirements (1) Solid wastes or by-products may be eligible for consideration for a Beneficial Use Determination from the Department where such materials meet the following requirements: (a) The material, proposed for beneficial use, must be a "by-product" as defi…

A. Category I uses are uses that have a Standing Use Determination that has been approved by the Department. Category I uses must fulfill the following conditions: (1) Category I uses must be consistent with one of the following Standing Use Determinations approved by the Departm…

Beneficial Use Determinations issued under Rules 9.3(B), (C) and (D) of these regulations are subject to annual reporting requirements, unless otherwise determined by the Department. Such reporting requirements are as follows: A. The registrant to whom a beneficial use determinat…

The general intent and effect of the Mississippi Underground Storage Tank Act of 1988 (the Act) includes but is not limited to the following: A. to provide an incentive for owners of underground storage tanks to stay in substantial compliance according to applicable law and to pr…

A. ERAC's shall be responsible for the engineering and/or geologic portion of response actions related to any discharge, release, or threatened release of motor fuels. The Department shall determine when a release necessitates a response from an ERAC. A Registered Professional En…

A. To remain on the list of approved ERAC's, an ERAC must annually submit an updated application. The updated application must be submitted no later than one year after approval of the ERAC. B. To remain on the list of approved ERAC's, an ERAC must submit a revised QA/QC Plan as …

Approved ERAC's must at a minimum perform satisfactorily, as determined by the Department, in the following areas: A. having the necessary equipment on site to effectively and efficiently perform the response action; B. assigning proper supervisory personnel to the work site to e…

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…