Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Regulation Regarding Nonhazardous Solid Waste Management Regulations › Rule 11-4-1.3 - Siting Criteria

Current through June 25, 2024
A. Applicability
(1) Except as specifically excluded, the
				requirements of this rule shall apply to all solid waste management facilities
				including landfills, rubbish sites, processing facilities, land application
				sites, composting facilities, waste incinerators, and transfer stations, as
				specified in this regulation.
(2)
				The requirements of paragraphs B, L, and X do not apply to:
(a) composting facilities which receive less
				than 5 tons per day of only natural vegetation, such as yard waste, tree limbs,
				etc.
(b) rubbish sites, processing
				facilities, and transfer stations, any of which receive only Class II rubbish
				materials (as described in Rule 1.6.C of these regulations).
(3) The requirements of paragraphs
				P through U and paragraphs W through Y of this rule do not apply to solid waste
				management facilities which dispose only of industrial solid waste, where such
				facilities are located on the same industrial property on which the wastes are
				generated, unless the Permit Board, or where appropriate, the Permit Board's
				designee determines that such criteria should be applicable (such as property
				line setbacks).
(4) The distances
				specified in this section shall be measured from the edge of the active
				disposal, processing, composting, transfer or storage area.
(5) Any structure or area described in
				paragraph I, J, P, R, S, U and X of this rule (e.g., a park, dwelling, etc.)
				shall not be considered applicable in the siting of a new solid waste
				management facility if the structure or area was designated by the applicable
				governmental body or was established after the site disclosure date. The site
				disclosure date shall be the date upon which an application for a permit or
				other authorization is submitted to the Department, unless the applicant
				chooses to notify the Department and the public at an earlier date, in which
				case the site disclosure date shall be the completion of such notification as
				follows:
(a) the submittal of a notice to the
				Department containing the following information:
(1) the name, address, telephone number, and
				contact person of the applicant;
(2) a description of the type of proposed
				operation (i.e., landfill, land application site, etc.);
(3) an exact location and approximate size of
				the proposed facility; and
(4)
				where the applicant is a public agency, such as a county, municipality, or a
				regional authority, a copy of a duly adopted resolution stating the desire of
				the applicant to pursue a permit or other authorization for the operation of a
				solid waste management facility at the site described in paragraph A.5.a.(3) of
				this rule; and
(b)
				public notification of the information listed in paragraph A.5.a. of this rule
				shall consist of a prominent notice in at least one daily or weekly newspaper
				of general circulation within the area of the proposed facility. The notice
				shall be no less than four inches by seven inches in size and shall not be
				placed in that portion where legal notices and classified advertisements
				appear.
(c) if notification is
				accomplished as described in paragraph A.5.a. and A.5.b. of this rule, an
				application for a permit or other authorization must be submitted no later than
				one year after completion of notification for this exclusion to
				apply.
(6) For new
				facilities that are adjacent to and part of an existing facility, the Permit
				Board, or where appropriate, the Permit Board's designee may, on a site
				specific basis, designate a smaller setback distance to any structure or area
				described in paragraphs I, J, P, R, S, U and X of this rule (e.g., a park,
				dwelling, etc.) if the following are met:
(a)
				before April 1, 1991, the applicant obtained ownership or control of the
				property upon which the new facility is proposed, through an option to purchase
				or similar instruments vesting rights in the real property;
(b) the applicant has demonstrated that a
				smaller setback distance would not present an unreasonable risk to the
				environment and to the health, safety, and welfare of the public; and
(c) the facility is consistent with the
				approved local solid waste management plan.
The provisions of this paragraph shall be applicable only in
				  cases where paragraph A.5 of this rule does not apply.