Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 3 - Hazardous Waste Management Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Final Regulations Governing Brownfield Voluntary Cleanup and Redevelopment in Mississippi › Subchapter 1 › Rule 11-3-2.1.10 - Hearings and Enforcement

Current through June 25, 2024
A. Hearings
Any person or interested party aggrieved by any order of
					 MCEQ pursuant to the Act or these regulations may file a request for hearing or
					 notice of appeal pursuant to Miss. Code Ann. Section
					 49-17-41. Any person who disagrees
					 with any other action of MCEQ pursuant to the Act or these regulations may file
					 a petition with MCEQ for a hearing pursuant to Miss. Code Ann. Section
					 49-17-35.
B. Enforcement and Agency Reporting
(1) Any material failure of a Brownfield
				  Party or the agents or employees of a Brownfield Party to comply with the
				  Brownfield Agreement constitutes a violation of this rule by the Brownfield
				  Party. If a Brownfield Party violates this section, MCEQ may issue an order
				  requiring the Brownfield Party to correct the violation in an appropriate time
				  period established by the order.
(2) If the Brownfield Party fails to comply
				  with an order issued under Rule
				  2.1.10(B)(2) or
				  provides false information to MCEQ or MDEQ during the application process or in
				  reports required by the Brownfield Agreement or by state or federal law, MCEQ
				  may remove the liability protection afforded by the Brownfield Agreement under
				  Rule 2.1.7.A., require
				  additional remediation, and/or assess civil penalties pursuant to Miss. Code
				  Ann. Section
				  49-17-43.
(3) This section shall not create a defense
				  against the imposition of criminal or civil penalties or other administrative
				  remedies authorized by law for violations of law caused by the Brownfield Party
				  while implementing or failing to implement the Brownfield Agreement.
(4) Any land-use restriction or engineering
				  control in a Brownfield Agreement and in a Notice of Brownfield Agreement Site
				  filed under this section may be enforced by MCEQ by initiating an
				  administrative proceeding or by filing a civil action without first having
				  exhausted all available administrative remedies.
(5) A land-use restriction or engineering
				  control shall not be declared unenforceable due to lack of privity of estate or
				  contract, due to lack of benefit to particular land, or due to lack of any
				  property interest in particular Brownfield Property within the Brownfield
				  Agreement Site. Any person who owns or leases Brownfield Property within the
				  Brownfield Agreement Site subject to a land-use restriction or engineering
				  control under this section shall abide by the land-use restriction or
				  engineering control.
(6) MCEQ may
				  terminate a Brownfield Agreement by order issued pursuant to Rule
				  2.1.10.B(3). The order shall direct
				  the executive director to issue a notice of cancellation of Brownfield
				  Agreement. Any order to terminate shall provide that all liability protection
				  provided by the Brownfield Agreement has been removed. The statement issued by
				  the executive director shall direct the chancery clerk to make a marginal entry
				  of termination on the Notice of Brownfield Agreement Site and the Brownfield
				  Agreement. In the event a Brownfield Agreement is terminated, the Brownfield
				  Party shall be responsible for notifying the following parties of the
				  termination:
(a) All owners of interest in the
				  Brownfield Agreement Site;
(b) All
				  persons who own property contiguous to the Brownfield Agreement Site;
(c) All local governments that were
				  originally notified of the Brownfield Agreement
(7) Additionally, upon termination the
				  Brownfield Party shall:
(a) Publish a notice
				  of cancellation in a local newspaper;
(b) Record all instruments of cancellation in
				  the office of the chancery clerk in each county in which the Brownfield
				  Agreement Site is located;
(c) Pay
				  all costs for the foregoing; and
(d) Forward to MDEQ documentation evidencing
				  the accomplishment of the foregoing.