reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 8 - Mississippi Commission on Environmental Quality Regulations For The Certification Of Operators of Solid Waste Disposal Facilities › Rule 11-4-8.2 - Definitions

Current through June 25, 2024
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" means the written
				certification of competency issued by the Commission stating that the operator
				of a landfill or class I rubbish site has met the requirements for the
				specified operator classification.
B. "Commercial Class I rubbish site" means a
				permitted rubbish site, which accepts for disposal Class I rubbish, as defined
				by the Commission, for compensation or from more than one (1)
				generator.
C. "Commercial
				nonhazardous solid waste management facility" means any facility engaged in the
				storage, treatment, processing or disposal of nonhazardous solid waste for
				compensation or which accepts nonhazardous solid waste from more than (1)
				generator not owned by the facility owner.
D. "Commission" means the Mississippi
				Commission on Environmental Quality.
E. "Department" means the Mississippi
				Department of Environmental Quality.
F. "Experience" means direct observation of
				and/or participation in the operation and maintenance of a commercial
				nonhazardous solid waste management facility or other relevant work activities
				as determined by the Department.
G.
				"Operator" means the person who directly supervises and is personally
				responsible for the daily operation and maintenance of a commercial
				nonhazardous solid waste management facility.
H. "Rubbish" means nonputrescible solid
				wastes (excluding ashes) consisting of both combustible and noncombustible
				wastes. Combustible rubbish includes paper, rags, cartons, wood, furniture,
				rubber, and plastics, yard trimmings, leaves and similar material.
				Noncombustible rubbish includes glass, crockery, metal cans, metal furniture
				and like material which will not burn at ordinary incinerator temperatures (not
				less than 1600 degrees F.)
I.
				"Rubbish site" means, for the purposes of these regulations, a commercial class
				I rubbish site.
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., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 8 - Mississippi Commission on Environmental Quality Regulations For The Certification Of Operators of Solid Waste Disposal Facilities › Rule 11-4-8.3 - Certification Requirements

Current through June 25, 2024
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, has at least five (5) years of experience in landfill operation, and
				has passed a Commission approved written examination pursuant to paragraph E.1
				of this rule. An applicant may receive credit from the Department for
				experience and education as follows:
(a) An
				applicant seeking commercial landfill operator certification under paragraph
				A.1 of Rule 8.3 who has completed additional years of education beyond a high
				school diploma or GED may receive partial credit for deficiencies in their
				experience, not to exceed three (3) years per degree completed. Such education
				should be in the field of engineering or engineering technology, biology,
				chemistry, geology, physics or other natural sciences. Other degrees may be
				considered based upon the curriculum's applicability to landfill operations as
				determined by the Department.
(b)
				An applicant seeking commercial landfill operator certification under paragraph
				A.1 of Rule 8.3 that has obtained comparable work experience in areas that are
				not directly related to landfill operations, may request that the Department
				review and consider such work experience to account for up to three (3) years
				of credit for required work experience. Comparable work experience could
				include work in other areas of solid waste management, work with other types of
				pollution control technology, work with equipment commonly used in landfill
				operations, or other similar work activities. The relevance of such experience
				as well as the amount of credit the applicant may receive shall be determined
				by the Department on a case by case basis, based upon the comparability to
				skills used in landfill operations.
(c) In no case, shall the applicant be
				considered for certification with less than one year of direct experience in
				landfill operations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 8 - Mississippi Commission on Environmental Quality Regulations For The Certification Of Operators of Solid Waste Disposal Facilities › Rule 11-4-8.4 - Renewal of Certificates

Current through June 25, 2024
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 the existing
				certificate. The renewal application must be accompanied by proof of completion
				of the continuing education requirements described in Rules 8.3(B) of these
				regulations.
(2) Certified
				operators who submit renewal applications more than sixty (60) days after the
				expiration of their certificate will be required to pass the written
				examination as described in Rule 8.3(E) of these regulations in order to be
				eligible for re-certification.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 8 - Mississippi Commission on Environmental Quality Regulations For The Certification Of Operators of Solid Waste Disposal Facilities › Rule 11-4-8.5 - Revocation or Suspension of Certificates

Current through June 25, 2024
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
				duties,
(3) is incompetent or
				unable to properly perform duties,
(4) knowingly submits false or inaccurate
				information for issuance or renewal of a certificate under these
				regulations,
(5) willfully fails to
				comply with the conditions of the certificate issued by the Department,
				or
(6) violates any provision of
				any applicable state or federal law, regulation, or permit condition.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 8 - Mississippi Commission on Environmental Quality Regulations For The Certification Of Operators of Solid Waste Disposal Facilities › Rule 11-4-8.6 - Reciprocity

Current through June 25, 2024
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 Commission determines that the
				certification and training program of another state or a private company meets
				or exceeds that of the Commission's.
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., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 8 - Mississippi Commission on Environmental Quality Regulations For The Certification Of Operators of Solid Waste Disposal Facilities › Rule 11-4-8.7 - Enforcement And Appeals

Current through June 25, 2024
Enforcement and appeals shall be in accordance with the
				  Sections
				  21-27-201
				  through
				  21-27-221 of
				  the Mississippi Code Annotated.
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., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations For The Beneficial Use of Nonhazardous Solid Waste › Rule 11-4-9.1 - General Information

Current through June 25, 2024
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 the state.
(2) These regulations shall apply to any
				person, organization, industry, business, agency, or institution that intends
				to obtain, distribute and/or use an eligible solid waste or by-product for the
				purposes of beneficial use in a manner for which the material was not
				specifically manufactured.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations For The Beneficial Use of Nonhazardous Solid Waste › Rule 11-4-9.2 - Procedures for Beneficial Use Determinations

Current through June 25, 2024
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 defined in Rule 9.1(C) of these
				regulations.
(b) The solid waste or
				by-product proposed for beneficial use must be adequately characterized to
				confirm that the proposed use is adequately protective of the environment and
				human health and that the by-product possesses physical and/or chemical
				properties which make the material suitable for the intended use.
(c) The solid waste or by-product, proposed
				for beneficial use, must not be a putrescible waste as defined in Rule 9.1(C)
				or have other similar characteristics for potential nuisance.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations For The Beneficial Use of Nonhazardous Solid Waste › Rule 11-4-9.3 - Beneficial Use Categories

Current through June 25, 2024
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 Department:
(a) Uses of uncontaminated and untreated
				wood, wood chips, bark, or sawdust where such materials are used as mulch,
				landscaping, animal bedding, wood fuel production, bulking agents or additives
				at a permitted composting facility, or other directly comparable
				uses.
(b) Rubbish that is
				legitimately used, reused, recycled or reclaimed, except for rubbish wastes
				which is composted or which, due to its chemical or physical constituency,
				would result in an endangerment to the environment or the public health,
				safety, or welfare.
(c) Uses
				consistent with and approved under the conditions of the Mississippi Waste Tire
				Management Regulations as they pertain to the beneficial use of waste tires or
				waste tire derived materials;
(d)
				Contained uses in a regulated environmental system that the Department
				regulates through an existing permit, order, or regulation. Such uses may
				include stabilization or solidification of a solid waste for ultimate disposal
				in a municipal solid waste landfill, alternate cover uses in a municipal solid
				waste landfill or other type disposal facility, construction uses within a
				lined landfill cell and other similar uses as determined by the
				Department;
(e) Uses in which a
				by-product is utilized as a contained and/or encapsulated additive in the
				manufacture of a product; or
(f)
				Other uses which have been sufficiently demonstrated by the owner, distributor
				or supplier or user and subsequently approved by the Department for a Standing
				Use Determination.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations For The Beneficial Use of Nonhazardous Solid Waste › Rule 11-4-9.4 - Reporting Requirements

Current through June 25, 2024
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 determination was issued shall be required to submit an annual
				report to the Department, unless otherwise stated. All annual reports shall be
				submitted to the Department no later than February 28 of each year, for
				activity conducted during the previous calendar year. At a minimum, the report
				must contain the following information:
(1)
				The approximate quantity of the by-product used and/or distributed for use
				during the previous calendar year for the approved use(s);
(2) An appropriate physical and chemical
				characterization of the approved byproduct. If the process generating the
				by-product has not changed, a signed certification from the generator or other
				party approved by the Department stating that the physical and chemical
				characteristics of the by-product are consistent with the information submitted
				in the approved application may be submitted in lieu of additional
				testing;
(3) Any other information
				specified as a reporting condition of the Beneficial Use Determination;
				and
(4) Registrants that have been
				issued multiple Beneficial Use Determinations for a by-product may submit one
				composite report for the information described in Rule 9.4(A). The composite
				report must distinguish the information for each determined use.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations For The Beneficial Use of Nonhazardous Solid Waste › Beneficial Use Characteristic Standards › Appendix 11-4-9-1

Current through June 25, 2024
Table A.
Total Metals Thresholds
Contaminant
Regulatory Level (mg/kg)
Arsenic
10.0
Barium
200.0
Cadmium
2.0
Chromium
10.0
Lead
10.0
Mercury
0.4
Selenium
2.0
Silver
10.0
Table B.
Leaching Procedure Thresholds
Contaminant
Regulatory Level (mg/L)
Arsenic
0.5
Barium
10.0
Cadmium
0.1
Chromium
0.5
Lead
0.5
Mercury
0.02
Selenium
0.1
Silver
0.5
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations For The Beneficial Use of Nonhazardous Solid Waste › Beneficial Use Characteristic Standards › Appendix 11-4-9-2

Current through June 25, 2024
Secondary Soil Amendment Thresholds*
Pollutant
Pollutant Concentration (mg/kg)
Arsenic
41
Cadmium
39
Copper
1500
Lead
300
Mercury
17
Molybdenum
18
Nickel
420
Selenium
36
Zinc
2800
* Table 3, 40 CFR Part 503.13
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Recycling Cooperative Grant Regulations › Rule 11-4-10.1 - Eligibility and Allocation of Funds

Current through June 25, 2024
A. In accordance
				with Mississippi Code Annotated Section
				17-17-63,
				ten percent (10%) of the amount of funds available in the Mississippi
				Nonhazardous Corrective Action Trust Fund shall be set aside in the Recycling
				Cooperative Grant Fund on July 1 of each State Fiscal Year. The funds will be
				used by the Mississippi Commission on Environmental Quality (Commission) to
				provide grants to regional recycling cooperative organizations formed by
				counties, municipalities, regional solid waste management authorities, or other
				multi-county/city entities for the purpose of jointly participating in the
				collection, processing and marketing of recyclables. Such grants for purposes
				of these regulations shall be herein referred to as "recycling cooperative
				grants."
B. Any funds remaining in
				the Recycling Cooperative Grant Fund at the end of the State Fiscal Year that
				have not been awarded shall be deposited back into the Recycling Cooperative
				Grant Fund for award in the next fiscal year, unless the Recycling Cooperative
				Grant Fund has expired as described in Miss. Code Ann. Section
				17-17-63.
C. Recycling cooperative grant awards shall
				only be made to cooperative organizations formed by local government entities
				to conduct recycling efforts in conjunction with achieving the state waste
				reduction goal of 25%. Recycling cooperative grants shall not be awarded for
				activities or appurtenances associated with the management of materials or
				wastes where that activity is not considered recycling as defined in
				Mississippi Code Annotated Section
				49-31-9(i).
D. No recycling cooperative grant shall be
				awarded for a program or activity that is inconsistent with the approved solid
				waste management plan of the local government jurisdiction(s).
E. Recycling cooperative grants may be used
				to defray the following recycling program costs:
(1) Designing and developing a local or
				regional community recycling system;
(2) Construction of structures or
				appurtenances associated with an approved local community recycling
				system;
(3) Transportation
				activities or equipment associated with the collection and/or transport of
				recyclable materials to processors or markets;
(4) Processing activities or equipment
				associated with an approved local community recycling system;
(5) Integral personnel costs for the
				implementation of a local community recycling system;
(6) Grant Administrative costs (not to exceed
				3% of the total budget);
(7) Public
				information and outreach costs; and
(8) Other miscellaneous costs deemed integral
				and appropriate for the success of the recycling program as approved by the
				Mississippi Department of Environmental Quality (MDEQ).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Recycling Cooperative Grant Regulations › Rule 11-4-10.3 - Disapproval of Grant Applications

Current through June 25, 2024
A. The MDEQ may
				refuse to approve a grant application for any of the following reasons:
(1) The MDEQ determines that the recycling
				cooperative project is not consistent with these regulations or with State laws
				or regulations governing the establishment and management of recycling
				programs;
(2) The MDEQ determines
				that the applicant has failed to provide a complete grant application as per
				Section B of these regulations;
(3)
				The applicant is in violation of or delinquent on any condition of a previously
				awarded grant by the MDEQ or other state agency;
(4) The applicant has deliberately falsified
				information submitted as part of the grant application;
(5) The MDEQ determines that the applicant
				has proposed expenditures for grant project activities or components that are
				unnecessary or that exceed the usual and customary costs for such activities or
				components;
(6) There are
				insufficient grant funds in the Recycling Cooperative Grant Fund;
(7) The grant application is ranked lower by
				the MDEQ than other proposals based on the factors described in Rule 10.2(F);
				and
(8) Other appropriate factors
				as determined by the Commission on Environmental Quality.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Recycling Cooperative Grant Regulations › Rule 11-4-10.4 - Conditions of Grant Award

Current through June 25, 2024
A. The grantee
				shall comply with all applicable procurement and purchasing regulations
				established pursuant to state law.
B. Grant awards shall be limited to eligible
				program costs as described in Rule 10.1(E) above. No grant funds shall be
				utilized for costs not identified in the approved grant application, unless
				otherwise approved by the MDEQ.
C.
				The grant funds shall be distributed by reimbursement to the grantee for
				eligible program costs, upon provision of a complete request-for-payment form
				to MDEQ with the appropriate supporting documentation. If a grant award
				includes the contribution of matching funds to the program by the grantee,
				these grant funds should be expended proportionally to the expenditure of the
				matching funds provided by the grantee.
D. A summary report shall be prepared and
				submitted to the MDEQ with each reimbursement request, detailing how the costs
				were incurred in the project and a summary of the activity conducted during the
				payment period.
E. At the
				discretion of the Commission, monies which are unspent after the grant
				expiration date shall be forfeited back to the Recycling Cooperative Grant
				Fund, until such time that the Recycling Cooperative grants program has
				expired. Upon expiration of the Recycling Cooperative Grant Fund, any
				uncommitted, unspent monies will be forfeited back to the Nonhazardous
				Corrective Action Trust Fund.
F.
				The Commission may include program specific conditions, as part of the grant
				award, that are determined necessary to ensure that any other applicable
				provisions of state law and regulations are followed.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-63, 17-17-201, et seq., 49-2-1, et seq. 49-17-1, et seq. and
				  49-31-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Recycling Cooperative Grant Regulations › Appendix - Intergovernmental Review Process

Current through June 25, 2024
1. If the applicant
				proposes new facilities for construction and/or use, the following agencies
				shall be consulted prior to the formal submittal of a grant application
				concerning the proposed site location and the existence of any known or
				possible archaeological/cultural sites, endangered wildlife, wetlands,
				shellfish/coastal program impacts:
a)
				Mississippi Department of Archives & History (For archaeological/cultural
				review);
b) Mississippi Natural
				Heritage Program (For endangered wildlife review);
c) U.S. Army Corps of Engineers (For wetlands
				review);
d) Mississippi Department
				of Marine Resources (For shellfish/coastal review -Jackson, Harrison, and
				Hancock County projects only).
e)
				Mississippi Department of Environmental Quality - Environmental Permits
				Division (For environmental permits review).
f) Other agencies deemed appropriate due to
				the nature of the project.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.1 - General Intent

Current through June 25, 2024
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 promptly, and in accordance with applicable
				law, monitor, report, and respond to any release of motor fuel from an
				underground storage tank system;
B.
				to provide a fund to reimburse owners who are in substantial compliance with
				the Act for reasonable and necessary costs incurred to determine the extent of
				and to clean up contamination resulting from releases of motor fuels from
				underground storage tanks where those releases pose a threat to the environment
				or a threat to the public health, safety or welfare;
C. to provide an alternative source of
				financial responsibility for owners of underground storage tanks (USTs)
				containing motor fuels; and
D. to
				provide a fund from which to pay for third party damages caused by releases of
				motor fuels when a final judgment has been obtained according to the
				Act.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.2 - Legal Authority

Current through June 25, 2024
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 Department of Environmental Quality (the Department)
				has the responsibility of administering the Trust Fund.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.3 - Definitions

Current through June 25, 2024
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 any response action, including a person retained or
				hired by such person to provide services relating to a response
				action.
B. "Immediate Response
				Action" means a response action which the Department determines must be
				conducted on an immediate basis.
C.
				"Immediate Response Action Contractor (IRAC)" is a person who has been approved
				by the Commission to carry out any immediate response action, including a
				person retained or hired by such person to provide services relating to a
				response action.
D. "Response
				Action" means any activity, including evaluation, planning, design,
				engineering, geological investigation(s), construction and ancillary services,
				which is carried out in response to any discharge, release, or threatened
				release of motor fuels.
E.
				"Subcontractor" means any individual or company that provides services,
				personnel, or supplies to an ERAC or IRAC in the course of a response
				action.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.4 - Immediate Response Action Contractor (IRAC) Application Process

Current through June 25, 2024
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 necessitates an immediate response from an IRAC.
B. To be considered for listing as an IRAC,
				an applicant must submit a completed application to the Department's
				Underground Storage Tank Branch. The application must contain at a minimum, the
				following documentation:
(1) copy of a current
				certificate of responsibility issued by the State of Mississippi Board of
				Contractors;
(2) copy of a current
				certificate of insurance showing coverage of at least one million dollars
				($1,000,000.00) under the contractor's general liability insurance;
(3) copy of a current certification from the
				Department for a full-time (40 hours per week) employee of the company to
				permanently close UST systems;
(4)
				copies of certificates of applicable Occupational Safety and Health
				Administration (OSHA) training for all personnel who will be on site during UST
				related work;
(5) evidence that the
				applicant has successfully completed at least three (3) jobs within one year
				prior to application submittal. Such jobs must have involved remediation of
				soils or water at UST sites;
(6)
				signed certification affidavit that the applicant can meet and maintain the
				requirements of Rule 1.5 and 1.6 of these regulations; and
(7) other appropriate documentation as
				required by the Department.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.5 - IRAC Submittal of Documentation Requested by the Department

Current through June 25, 2024
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 information submitted under Rule
				1.4.B of these regulations.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.6 - IRAC Application Review

Current through June 25, 2024
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.
				installing, operating, and maintaining groundwater and product recovery
				wells;
C. effectively recovering
				and properly disposing of free phase petroleum hydrocarbons and contaminated
				groundwater;
D. properly collecting
				and analyzing soil and groundwater samples;
E. responding to any site within 24 hours
				after notification to proceed, or within any other time as specified by the
				Department, and having on hand basic and necessary equipment such as
				excavators, dump trucks, traffic barricades, containers, sorbents, pumps,
				skimmer systems, fire extinguishers, and first aid supplies; and
F. other services deemed necessary by the
				Department.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.7 - IRAC Performance Standards

Current through June 25, 2024
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 invoices on a form required by the Department to any party
				contracting for services;
C. paying
				all subcontractors within a reasonable time or as agreed to between the
				subcontractor and the IRAC;
D.
				responding to the work site within 24 hours after notification to proceed, or
				within any other time as specified by the Department, and with proper equipment
				including but not limited to equipment listed in Rule 1.6.E;
E. handling all aspects of the immediate
				response action in an efficient, effective, and workman-like manner;
F. having personnel on site with the
				appropriate OSHA training; and
G.
				fulfilling other requirements established by the Department.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.8 - Denial of IRAC Applications

Current through June 25, 2024
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
				IRAC application include any of those listed in Rule 1.9.B of these
				regulations.
C. The Commission may
				deny an IRAC application for other good cause.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.9 - Removal From The Approved List of IRAC's

Current through June 25, 2024
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 approval for a length of time specified by the
				Commission.
B. Causes which may
				result in nonrenewal, removal, and/or penalties include but are not limited to:
(1) fraud and/or lack of integrity;
(2) bankruptcy;
(3) failure to pay subcontractors within a
				reasonable time or within the time agreed to by the subcontractor and the
				IRAC;
(4) failure to exercise good
				safety practices;
(5) failure to
				maintain the skills and satisfy the requirements on which approval was
				originally based;
(6) failure to
				meet any of the performance standards in Rule 1.7 of these regulations;
				or
(7) other good cause deemed
				appropriate by the Commission.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.10 - Environmental Response Action Contractor (ERAC) Application Process

Current through June 25, 2024
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 Engineer (PE) that is listed as an
				  ERAC is limited to the work identified in Miss. Code Ann. Sections
				  73-13-1,
				  et seq., related to the practice of engineering. A Registered Professional
				  Geologist (PG) that is listed as an ERAC is limited to the work identified in
				  Miss. Code Ann. Sections
				  73-63-1, et
				  seq., related to the practice of geology. ERACs shall be identified on the
				  approved list maintained by the Department by their professional designation(s)
				  of PE, PG, or PE and PG for dual designations.
B. To be considered for listing as an ERAC,
				an applicant must submit a completed application to the Department's
				Underground Storage Tank Branch. The application must contain, at a minimum,
				the following documentation:
(1)
				demonstration that the applicant is a Professional Engineer or Registered
				Professional Geologist or, in the case of a firm or business, employs at least
				one full time (40 hours per week) Professional Engineer or Registered
				Professional Geologist licensed to practice in Mississippi;
(2) a Quality Assurance/Quality Control
				(QA/QC) Plan developed in accordance with the requirements of the
				Department;
(3) a current
				certificate of insurance proving that the applicant holds professional
				liability insurance in an amount not less than one million dollars
				($1,000,000); and,
(4) evidence of
				the successful completion of three (3) assessments and the successful
				implementation of two (2) remediation activities. Such work must have been
				performed within five (5) years preceding the date of application.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.11 - ERAC Submittal of Documentation Requested by the Department

Current through June 25, 2024
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 requested by the
				Department.
C. An ERAC shall notify
				the Department, in writing, within ten (10) days of any changes to information
				submitted under Rule 1.10.B of these regulations.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.12 - ERAC Performance Standards

Current through June 25, 2024
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 ensure efficient and effective site management, use of
				personnel, and coordination of subcontractors;
C. responding in a timely manner to work
				sites and having sufficient personnel and/or equipment available to complete
				projects in an effective and efficient manner;
D. having personnel on site with the
				appropriate OSHA training;
E.
				completing a project in a timely manner;
F. submitting true and accurate invoices on a
				form required by the Department to any party contracting for
				services;
G. managing the project
				to reasonably control costs;
H.
				satisfying just debts incurred through the employment of subcontractors or the
				purchase of other goods and services necessary to respond to a motor fuel
				release;
I. following the ERAC's
				Department-approved QA/QC Plan;
J.
				following the Department-approved scope of work;
K. ensuring that bid and contract documents
				are followed, if the Department has requested bids to be submitted on a
				project;
L. submitting complete and
				accurate reports; and
M. submitting
				reports by the date required by the Department.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.13 - Removal From The Approved List of ERAC's

Current through June 25, 2024
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,
				revocation, and/or penalties include but are not limited to:
(1) fraud or lack of integrity;
(2) failure to submit a revised QA/QC Plan
				when requested by the Department;
(3) failure to submit an updated
				application;
(4) failure to
				maintain the requirements on which approval was originally based;
(5) failure to meet any of the performance
				standards in Rule 1.12 of these regulations; or
(6) other good cause deemed appropriate by
				the Commission.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.14 - Denial of ERAC Applications

Current through June 25, 2024
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
				1.13.B of these regulations.
C. The
				Commission may deny an ERAC application for other good cause.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.15 - Eligibility for Reimbursement from The Mississippi Groundwater Protection Trust Fund

Current through June 25, 2024
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 after July 1, 1988;
B. the release must be from an active UST
				containing motor fuels; and
C. the
				owner or operator must be in substantial compliance with the underground
				storage tank law, rules and regulations.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009) › Rule 11-5-1.16 - Reimbursable Costs

Current through June 25, 2024
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 reimbursement may be reduced by
				$100/day for documents submitted after a written deadline date established by
				the Department.
B. The Trust Fund
				may be used to reimburse costs at eligible sites for the following activities:
(1) recovery and disposal of released motor
				fuels;
(2) recovery and disposal of
				contaminated soils;
(3)
				installation and operation of monitoring and/or recovery wells;
(4) soil borings, soil, and water sampling,
				and laboratory analyses;
(5)
				removal, treatment, and disposal of motor fuel contaminated wastes of any
				kind;
(6) replacement of
				contaminated public or private water supplies; and
(7) other costs determined by the Department
				to be reasonable and necessary for assessment and remediation.