Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 4 - Mississippi Commission on Environmental Quality State Revolving Fund Loan Program Regulations (Effective for Projects Funded Prior to 10/1/2000) › Appendix 11-6-4-C - Environmental Review Process

Current through June 25, 2024
Introduction
Each project which receives SRF funding will undergo a review
				  to determine whether there will be any significant adverse environmental
				  impacts. It should be recognized that wastewater treatment projects nearly
				  always have a substantial beneficial impact.
For any project, one or more of the following environmental
				  actions will be taken by the Department:
a. Categorical Exclusion
b. Finding Of No Significant Impact on the Environment
c. Amendment to a Finding of No Significant Impact on the
				  Environment
d. Environmental Impact Statement
e. Reaffirmation of an Environmental Action
f. No Action
Categorical Exclusion
A project will receive categorical exclusion (CE) from
				  environmental review if it meets all of the following criteria:
a. The project will not create a new discharge or result in a
				  significant relocation of an existing discharge.
b. The project will not substantially increase the volume of
				  discharge or load of pollutants to the receiving stream.
c. The project will not have a significant adverse effect on
				  the environment.
d. The action will not adversely affect cultural resources,
				  habitats of endangered or threatened species, or environmentally important
				  natural resource areas.
e. The action is cost effective and should cause no
				  significant public controversy.
It is expected that most projects which include only sewer
				  system rehabilitation will receive a CE.
The CE will be issued to the appropriate contact agencies and
				  will be published in the Jackson
Clarion-Ledger
and an
				  appropriate local newspaper. See Attachment 1.
The Department will generally wait 30 days after issuing a CE
				  before funding a project. However, funding may be awarded immediately after
				  issuing a CE, if necessary.
The Department may revoke a CE at any time if significant
				  adverse information becomes available.
Finding of No Significant Impact on the
				  Environment
If a project will not have any significant adverse
				  environmental impact but does not qualify for a CE, a finding of no significant
				  impact (FONSI) will be issued, along with an environmental assessment (EA). See
				  Attachments 2 and 3.
The emphasis of the EA will be to summarize the need for the
				  project (i.e., why the "no action" alternative is not acceptable) and to
				  discuss the environmental impacts of the chosen alternative. The EA is not
				  intended to be a summary of the facilities plan. The EA will not include a list
				  of items eligible for funding.
All alternatives that were studied will be listed, but only
				  the no action alternative and the chosen alternative will be described in
				  detail. The reasons for choosing the chosen alternative will be
				  discussed.
The FONSI will be issued to the appropriate contact agencies
				  and will be published in the Jackson
Clarion-Ledger
and an appropriate local newspaper. See Attachment 2.
The Department will generally wait 30 days after issuing a
				  FONSI before funding a project. However, a facilities plan may be conditionally
				  approved and a loan agreement may be conditionally offered immediately after
				  issuing the FONSI, if necessary. In such a case, no funds will be transferred
				  to the loan recipient and authority to award construction contracts will not be
				  given until the 30 day period has expired and all substantial adverse comments
				  have been addressed. There will be no exceptions.
Amendment to a Finding of No Significant Impact
				  on the Environment
FONSI amendments are occasionally needed to describe changes
				  to proposed facilities that have already been described in a FONSI. Attachment
				  2 shows the amendment format. The EA that accompanies the amendment will
				  describe the changes, the reasons for the changes, and any new impacts on the
				  environment due to the changes. The EA amendment is intended to be read in
				  conjunction with the original EA and is not a self supporting document. The
				  original EA will be reissued with the EA amendment in those cases where it is
				  deemed to be necessary to assure clarity.
The 30 day period requirement will be the same as for a
				  FONSI.
Environmental Impact
				  Statement
If the Department determines that an environmental impact
				  statement (EIS) is needed, it will be prepared in accordance with EPA
				  regulation 40 CFR Part 6.
Reaffirmation of an Environmental
				  Action
If five years will have passed between the issuance of a CE,
				  FONSI, Amendment to a FONSI, or an EIS and the award of SRF funding, the
				  environmental impact of the project will be reevaluated.
If there have been no significant changes, the Department
				  will issue a reaffirmation of the environmental action. See Attachment 4. The
				  30 day period requirement will be the same as for a CE.
If the original environmental action cannot be reaffirmed,
				  the Department will issue a FONSI or an Amendment, as appropriate. The 30 day
				  period requirement will be the same as for a FONSI.
A reaffirmation will not be required when a FONSI is over
				  five years old but the most recent Amendment is less than five years
				  old.
No Action
All SRF projects will receive a CE, FONSI, or EIS. If one of
				  those documents has been issued and there are then significant changes in the
				  project, those changes will be described in an Amendment. Some changes are
				  minor, however, and the Department may determine that a separate Amendment will
				  not be needed. Such changes include, but are no limited to:
a. Addition of sewer system rehabilitation.
b. Changes in the size of pump stations, interceptors, or
				  collectors.
c. Minor changes in the size of unit processes.
d. Minor rerouting of sewer lines when the new route i) will
				  be mostly on public property, and ii) will not adversely affect cultural
				  resources, habitats of endangered or threatened species, or environmentally
				  important natural resource areas. All affected property owners must be notified
				  by the loan recipient.
e. Changes in the average monthly user charge.
Public Participation
A loan recipient will be encouraged to hold a public hearing
				  when the alternatives have been determined but before a chosen alternative has
				  been selected and will be required to hold a public hearing before the
				  facilities plan has been fully adopted. The hearings shall be advertised in the
				  Jackson
Clarion-Ledger
and an appropriate local
				  newspaper at least 30 days before the hearing. The recipient is also encouraged
				  to notify local television and radio stations.
Topics to be discussed at the hearing include the facilities
				  to be built, why they are needed, where they will be built, how much they will
				  cost, the average monthly user charge, and the environmental impact.
If a project change is significant enough to require a FONSI
				  amendment, a new public hearing will be required.
The recipient shall notify the public if the average monthly
				  user charge will be substantially greater (about 20% or more) than was
				  presented at the public hearing. Notification may be made in the newspaper or
				  by a new public hearing.
Contact Agencies
Copies of all environmental actions will be sent to the
				  appropriate contact agencies listed in Attachment 3; other agencies will be
				  contacted as needed. Comments from those agencies and from the public will be
				  carefully evaluated before finalizing any environmental action.
Resolution of Adverse
				  Comments
Adverse comments received as a result of the environmental
				  review process will be addressed in the following manner:
a. The Department staff will first require the loan recipient
				  to resolve the adverse comments, subject to Department staff approval.
b. If the loan recipient is unable to resolve the adverse
				  comments and secure approval, the Department staff will render a decision
				  concerning the adverse comments.
c. Should the loan recipient or the party which originally
				  made the adverse comments desire to appeal the above decision, a request for an
				  informal hearing must be received by the Department within 30 days after the
				  date of such decision. Upon receipt of such a request, an informal hearing will
				  be held with staff members, as designated by the Head of the Office of
				  Pollution Control, and the affected parties. The Office Head, or his designee,
				  will render a decision on the appeal as a result of the informal
				  hearing.
d. Should the loan recipient or the party which originally
				  made the adverse comments desire to appeal the above informal hearing decision,
				  a request for a formal hearing by the Department of Environmental Quality must
				  be received by the Department within 30 days after the date of such decision.
				  Upon receipt of such a request, the Commission on Environmental Quality will
				  hold a formal hearing to consider the matter, and will render a
				  decision.
e. Appeals of the above formal hearing decision may be made
				  to the Chancery Court in accordance with state law.
CATEGORICAL EXCLUSION FROM ENVIRONMENTAL REVIEW
(1)
Recipient, Loan Number
(2)
Date
All projects funded under the Mississippi Water Pollution
				  Control Revolving Fund Act undergo a review to determine whether the proposed
				  project will have a significant impact on the environment. In making this
				  determination, it is assumed that all of the facilities and actions recommended
				  in the facilities plan will be implemented.
The proposed project includes:
*(3) new
				  collectors, new interceptors, sewer system rehabilitation, upgrading or
				  expanding the existing treatment plant facilities
.
The Mississippi Office of Pollution Control has determined
				  that the proposed project meets the criteria for receiving a categorical
				  exclusion from further environmental review. However, this determination can be
				  revoked if significant adverse information becomes available. If you have any
				  comments regarding the proposed project, please send them to Mr. Mark Smith,
				  Office of Pollution Control, P.O. Box 2261, Jackson, MS 39225, phone (601)
				  961-5171 no later than (4) date.
Sincerely,
Charles H. Chisolm Office Head
Note: *(3) - Include as needed.
FINDING OF NO SIGNIFICANT IMPACT ON THE
				  ENVIRONMENT
*
(1)
AMENDMENT
(2)
Recipient, Loan Number
(3)
Date
All projects funded under the Mississippi Water Pollution
				  Control Revolving Fund Act undergo a review to determine whether the proposed
				  project will have a significant impact on the environment. In making this
				  determination, it is assumed that all of the facilities and actions recommended
				  in the facilities plan will be implemented.
The proposed project includes:
*(4) new
				  collectors, new interceptors, sewer system rehabilitation, upgrading or
				  expanding the existing treatment facilities, building new treatment
				  facilities.
The Mississippi Office of Pollution Control has determined
				  that the proposed project will not have a significant adverse impact on the
				  environment and consequently is issuing this finding of no significant impact.
				  However, this issuance can be revoked if significant adverse information
				  becomes available. An environmental assessment is available on request. If you
				  have any comments regarding the proposed project, please send them to Mr. Mark
				  Smith, Office of Pollution Control, P.O. Box 2261, Jackson, MS 39225, phone
				  (601) 961-5171 no later than (5) date.
Sincerely,
Charles H. Chisolm Office Head
Note: *1 - Include if needed.
*4 - Include as needed.
ENVIRONMENTAL ASSESSMENT
Recipient , Loan Number
A. Summary Data
1.
Facilities to be Built
New collectors, new interceptors, sewer system
								rehabilitation, upgrading or expanding existing treatment plant, building new
								treatment plant
2.
Population and Flow
Current ( 19 )
Design
( 20 )
Population in planning area Other pop. equivalent
								(specify) Total equivalent population
Domestic wastewater flow, mgd Industrial wastewater
								flow, mgd
I/I, mgd
Other flow (specify), mgd
Total flow, mgd
3.
Project Costs
Total project cost: $
Loan eligible cost: $
4.
Funding Sources
SRF loan amount: $
Monthly payment on SRF loan: $
Other sources (specify): $
Other monthly payments: $
Total monthly payments: $
5.
User Charges
Average monthly user charge, based on
$ for debt retirement
gallons per month:
$ for OM&R
$ total
Median annual household income: $
Average annual user charge will be
% of median income
6.
NPDES Effluent Limits
Flow, mgd
Summer
Winter
BOD5, mg/l
NH3-N, mg/l
DO, mg/l
Residual Cl2, mg/l
SS, mg/l
FC, number/100 ml
Receiving stream:
B. Maps
Include a map or maps showing the location of the existing
				  and proposed WWTP and major interceptors. Maps showing the location of
				  individual collection lines will not usually be included. A schematic diagram
				  of the WWTP will be included only if a narrative description of the unit
				  processes will not give an accurate picture of the facilities to be
				  built.
C. Existing Facilities
Describe the existing collection and treatment facilities.
				  Describe the loadings on the unit processes if the information is pertinent to
				  the need for the proposed project.
D. Need for the Project
Explain why the existing facilities will not be able to
				  protect human health or the environment at future design flow and loading when
				  the facilities are operated according to optimum O & M procedures.
In many cases the NPDES effluent limits will have been
				  changed from secondary to tertiary limits. For example, if a town has an
				  existing lagoon and the new limit requires a BOD of less than 30 mg/l, a simple
				  statement that a lagoon cannot be expected to meet the new limit will establish
				  a need.
A letter from the Mississippi State Department of Health
				  stating that an area has a significant number of failing septic tank systems
				  and further stating that septic tank systems cannot be expected to work because
				  of small lot sizes or low soil permeability will establish a need.
E. Analysis of Alternatives
Discuss why the no action alternative was not chosen. List,
				  but do not discuss, all of the other alternatives that were studied. State
				  which alternative was chosen. Describe why it was chosen. In many cases a
				  simple statement that the chosen alternative has the lowest present worth, will
				  meet the effluent limits, and is environmentally sound will be adequate.
F. Proposed Facilities
List the unit processes that will be used for wastewater and
				  sludge treatment and describe any that are unusual. State the design
				  flow.
State the number of lift stations and the approximate total
				  length of the interceptors and collectors. State what areas of town, if any,
				  will receive new collectors or sewer system rehabilitation. State what kind of
				  collection system will be used: conventional gravity, small diameter gravity,
				  pressure, etc.
State what will be done with the existing facilities.
State that the above sizes and quantities are planning level
				  estimates and are subject to change during project design.
G. Impact of the Chosen Alternative on the Environment
Describe the impacts of the proposed alternative on the
				  following items:
1. Land use practices and population growth
2. Surface water quality
3. Groundwater quality
4. Wetlands, wildlife preserves, prime agricultural lands,
				  other environments of special interest
5. Any other significant beneficial or adverse impacts
The environmental assessment will state that short term dust,
				  noise, and erosion occurring during construction will be minimized by using
				  appropriate construction techniques. The environmental assessment will also
				  state that all wastewater facilities occasionally produce objectionable odors,
				  but that the facilities will be operated to minimize the occurrences of odor
				  problems. For many projects, these will be the only adverse environmental
				  impacts.
Describe any actions that must be taken to mitigate other
				  adverse impacts on the environment. State when the actions must be
				  accomplished, if appropriate. Describe any actions that have already been taken
				  by the time of FONSI issuance, if appropriate.
H. Public Participation and Agencies Consulted
Summarize the public hearing, emphasizing any public
				  approvals or objections. List the public agencies consulted about the project.
				  The following agencies will be consulted on most projects:
1. United States Army Corps of Engineers
2. United States Soil Conservation Service
3. Mississippi State Department of Health
4. Mississippi Department of Wildlife Conservation
5. Mississippi Department of Archives and History
6. Mississippi Department of Finance and Administration
				  (State Clearinghouse)
State that the Environmental Assessment was prepared by the
				  Department based on information in the SRF facilities plan as prepared by the
				  loan recipient.
REAFFIRMATION OF ENVIRONMENTAL ACTION
(1) Recipient, Loan Number
(2) Date
All projects funded under the Mississippi Water Pollution
				  Control Revolving Fund Act undergo a review to determine whether the proposed
				  project will have a significant impact on the environment. In making this
				  determination, it is assumed that all of the facilities and actions recommended
				  in the facilities plan will be implemented.
The proposed project includes:
*(3) new
				  collectors, new interceptors, sewer system rehabilitation, upgrading or
				  expanding the existing treatment facilities, building new treatment
				  facilities.
The Mississippi Office of Pollution Control has reaffirmed
				  the
*(4) finding of no significant impact on the
				  environment/categorical exclusion from further environmental
				  review
that was originally issued on (5) date. However, this
				  reaffirmation can be revoked if significant adverse information becomes
				  available. If you have any comments regarding the proposed project, please send
				  them the Mr. Mark Smith, Office of Pollution Control, P.O. Box 2261, Jackson,
				  MS 39225, phone (601) 961-5171 no later than (6) date.
Sincerely,
Charle H. Chisolm Office Head
Note: *(3) - Include as needed.
*(4) - Choose one.