Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 5 - Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act (Adopted November 8, 2005, Amended April 10, 2018) › Rule 11-1-5.1 - Description of Mississippi Environmental Quality Permit Board

Current through June 25, 2024
Reference is made to Miss. Code Ann. §§
									49-17-28
				  and
				  49-17-29
				  (Rev. 2012), which create and set forth the duties and responsibilities of the
				  Mississippi Environmental Quality Permit Board ("Permit Board"). The Permit
				  Board issues, reissues, modifies, denies, transfers, and revokes Mississippi
				  environmental permits and certifications administered under the Clean Water
				  Act, the Clean Air Act, the Resource Conservation and Recovery Act, the Surface
				  Mining Control and Reclamation Act, state mining laws, and state water resource
				  control laws. The membership of the Permit Board is set by Miss. Code Ann.
				  §
									49-17-28
				  (Rev. 2012).
Seven of the Permit Board members serve by virtue of the
				  State office they hold ("Ex Officio Members"). Pursuant to Miss. Code Ann.
				  §
									49-17-28,
				  the membership of the Permit Board shall be composed of the Chief of the Bureau
				  of Environmental Health of the State Board of Health, or his designee; the
				  Executive Director of the Department of Wildlife, Fisheries and Parks, or his
				  designee; the Head of the Office of Land and Water Resources of the Department
				  of Environmental Quality, or his designee; the Supervisor of the State Oil and
				  Gas Board, or his designee; the Executive Director of the Department of Marine
				  Resources, or his designee; the Head of the Office of Geology and Energy
				  Resources of the Department of Environmental Quality, or his designee; and the
				  Commissioner of Agriculture and Commerce, or his designee.
The remaining two members of the Permit Board are appointed
				  by the Governor and are required to be a retired professional engineer
				  knowledgeable in the engineering of water wells and a retired water well
				  contractor, respectively. Pursuant to Miss. Code Ann. §
									49-17-28,
				  the retired professional engineer and the retired water well contractor shall
				  only vote on matters pertaining to the Office of Land and Water
				  Resources.
In accordance with 11 Miss. Admin. Code Pt. 2, Ch. 1, R.
				  1.1.B., at least a majority of the Ex
				  Officio Members of the Permit Board shall represent the public interest and
				  shall not derive any significant portion of their income from persons subject
				  to permits under the federal Clean Air Act or enforcement orders under the
				  federal Clean Air Act (CAA). Each Ex Officio Member of the Permit Board shall
				  certify annually as to whether the member derives a significant portion of
				  income from persons subject to permits under the CAA or enforcement orders
				  under the CAA. If a majority of Ex Officio Members derives a significant
				  portion of income from persons subject to permits under the CAA or enforcement
				  orders under the CAA, then the Permit Board shall take such action as may be
				  necessary to ensure the replacement of as many members of said majority as may
				  be necessary with designates who do not derive a significant portion of income
				  from persons subject to permits under the CAA or enforcement orders under the
				  CAA. In order to facilitate the replacement of an Ex Officio Member as may be
				  necessary, the Bureau Chief, Executive Director, Office Head, Board Supervisor,
				  or Commissioner who designated the member shall designate a replacement who
				  does not derive a significant portion of income from persons subject to permits
				  under the CAA or enforcement orders under the CAA.
The Mississippi Department of Environmental Quality
				  ("Department") serves as staff for the Permit Board. The Department staff is
				  comprised of four (4) divisions: the Office of Administrative Services, the
				  Office of Geology and Energy Resources, the Office of Land and Water Resources,
				  and the Office of Pollution Control. The Executive Director of the Department
				  serves as the Executive Director of the Permit Board. The Mississippi
				  Commission on Environmental Quality ("Commission") is empowered to formulate
				  environmental policy, adopt and enforce rules and regulations, receive funding,
				  conduct studies for using the state's resources, and discharge duties,
				  responsibilities, and powers as necessary. The Department also serves as staff
				  for the Commission.
Miss. Code Ann.
				  §§
										25-43-2.104,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.