reglab/statecodes huggingface dataset:
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 11-1-5.2 - When Oral Proceedings Will Be Scheduled on Proposed Rules

Current through June 25, 2024
Prior to the adoption, amendment, or repeal of rules and
				  regulations administered by the Department, the Permit Board shall conduct a
				  public hearing after public notice. Such notice shall be given by publication
				  once a week for three (3) successive weeks in a newspaper having a general
				  circulation throughout the state. The notice shall contain a description of the
				  proposed regulation and the time, date, and place of the
				  hearing.
Miss. Code Ann.
				  §§
										25-43-3.104,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.3 - Notification of Oral Proceeding for Proposed Rule-Making

Current through June 25, 2024
The date, time, and place of all oral proceedings for
				  proposed rule-making shall be filed with the Office of the Secretary of State
				  and, within three (3) days of such filing, mailed to anyone who makes a timely
				  request. The oral proceedings shall be scheduled no earlier than twenty (20)
				  days from the filing of this information with the Office of the Secretary of
				  State. For at least twenty-five (25) days from the filing with the Office of
				  the Secretary of State of the notice of proposed rule adoption, the Permit
				  Board shall afford persons the opportunity to submit, in writing, argument,
				  data, and any views on the proposed rule.
Miss. Code Ann.
				  §§
										25-43-3.104,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.4 - Presiding Officer

Current through June 25, 2024
The Executive Director of the Department, or his designee who
				  is familiar with the substance of the proposed rule, shall preside at the oral
				  proceeding on a proposed rule.
Miss. Code Ann. §
										§
										25-43-3.104,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.5 - Public Presentations and Participation for Proposed Rule-Making

Current through June 25, 2024
A. At an oral proceeding on a proposed rule,
				persons may make oral statements and may make documentary and physical
				submissions, which may include views, comments, or arguments concerning the
				proposed rule.
B. The presiding
				officer may place time limitations on individual oral presentations when
				necessary to assure the orderly and expeditious conduct of the oral proceeding.
				To encourage joint oral presentations and to avoid repetition, additional time
				may be provided for persons whose presentations represent the views of other
				individuals as well as their own.
C. Persons making oral presentations are
				discouraged from restating matters that already have been submitted in
				writing.
D. There shall be no
				interruption of a participant who has been given the floor by the presiding
				officer, except that the presiding officer may, in his or her discretion,
				interrupt or end the participant's time for presentation where the orderly
				conduct of the proceeding so requires.
Miss. Code Ann.
				  §§
										25-43-3.104,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.6 - Conduct of Oral Proceeding for Proposed Rule-Making

Current through June 25, 2024
A.
				Presiding officer. The presiding officer shall have authority to conduct the
				proceeding for proposed rule-making in his or her discretion for its orderly
				conduct. The presiding officer may:
(1) call
				the proceeding to order;
(2) allow
				for a brief synopsis of the proposed rule and a statement of the statutory
				authority for the proposed rule;
(3) call on those individuals who desire to
				speak for or against the proposed rule;
(4) allow for additional statements following
				all participants' comments; and
(5)
				adjourn the proceeding.
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 11-1-5.7 - Persons Who May Request Declaratory Opinions

Current through June 25, 2024
Any person with a substantial interest in the subject matter
				  may request a declaratory opinion from the Permit Board by following the
				  specified procedures. "Substantial interest in the subject matter" means: an
				  individual, business group, or other entity that is directly affected by the
				  Permit Board's administration of a statute, rule, or order within its primary
				  jurisdiction.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.8 - Subjects Which May Be Addressed In Declaratory Opinions

Current through June 25, 2024
The Department on behalf of the Permit Board will issue
				  declaratory opinions regarding the applicability to specified facts of:
A. a statute administered or enforceable by
				the Permit Board,
B. a rule
				promulgated by the Permit Board, or
C. an order issued by the Permit Board. The
				Permit Board will not issue a declaratory opinion regarding a statute, rule, or
				order which is outside the primary jurisdiction of the Board. "Primary
				jurisdiction of the Board" means the Board has a constitutional or statutory
				grant of authority in the subject matter at issue.
Miss. Code Ann. §
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.10 - Where to Send Requests

Current through June 25, 2024
All requests for declaratory opinions from the Permit Board
				  must be in writing and mailed, e-mailed, delivered, or transmitted via
				  facsimile specifically to the Executive Director of the Department. The
				  facsimile telephone number for the Department may be found at its website,
http://www.mdeq.ms.gov
No oral or
				  telephone requests or requests for declaratory opinions will be accepted.
				  Requests not directed to the Executive Director of the Department shall not be
				  considered as requests for declaratory opinions under these rules, and a
				  response to such requests shall not be provided.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.11 - Name, Address, and Signature of Requestor

Current through June 25, 2024
Each request must include the full name, telephone number,
				  and mailing address of the requestor. All requests shall be signed by the
				  person filing the request, who shall attest that the request complies with the
				  requirements set forth in these rules, including but not limited to, a full,
				  complete, and accurate statement of relevant facts. Such request shall also
				  include the statement that, to the best of the requestor's knowledge, no
				  related proceedings are pending before any other administrative or judicial
				  tribunal. A request must be limited to a single transaction or
				  occurrence.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.12 - Question Presented

Current through June 25, 2024
Each request shall contain the following:
A. a clear and concise statement of all facts
				concerning which the opinion is requested, limited to a single transaction or
				occurrence;
B. a citation to the
				statute or regulation or rule at issue;
C. the question(s) sought to be answered in
				the opinion, stated clearly and concisely;
D. the identity of all other, known persons
				involved in or impacted by the described facts, including their relationship to
				the facts, their names, mailing addresses and telephone numbers; and
E. a statement to show that the person
				seeking the opinion has a substantial interest in the subject matter.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.13 - Time for Permit Board's Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request
				  which complies with the requirements of these rules, the Department on behalf
				  of the Permit Board shall:
The forty-five (45) day period for response shall begin
				  running on the State of Mississippi business day on which the request is
				  received by the Executive Director of the Department on behalf of the Permit
				  Board. A copy of the written declaratory opinion shall be mailed promptly to
				  the requestor. The Department reserves the right to present the declaratory
				  opinion to the Permit Board for final consideration.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.14 - Notice by Permit Board to Third Parties

Current through June 25, 2024
The Department on behalf of the Permit Board may, at its
				  discretion, provide notice to any person, agency, or entity that a declaratory
				  opinion has been requested, and it may receive or consider data, facts,
				  arguments, and/or opinions from other persons, agencies, or other entities
				  other than the requestor.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.15 - Public Availability of Requests and Declaratory Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying in accordance with the
				  Public Records Act and the Commission's regulations concerning public records
				  requests, known as MCEQ-2. All declaratory opinions and requests shall be
				  indexed by name and subject. Declaratory opinions and requests may be held
				  confidential by the Permit Board within the provisions of MCEQ-2 regarding
				  confidentiality of records or if the information is exempt from disclosure
				  under the Mississippi Public Records Act or other laws of the State, including
				  but not limited to Miss. Code Ann. §§
									17-17-27(6)
				  and
				  49-17-39
				  (Rev. 2012).
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
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 11-1-5.16 - Effect of Declaratory Opinions

Current through June 25, 2024
The Permit Board will not pursue any civil or criminal action
				  against a person who is issued a declaratory opinion from the Executive
				  Director of the Department on behalf of the Permit Board and who, in good
				  faith, follows the direction given in the opinion and acts in accordance
				  therewith unless a court of competent jurisdiction holds that the opinion is
				  manifestly wrong and without any substantial support. Any declaratory opinion
				  rendered by the Executive Director on behalf of the Permit Board shall be
				  binding only on the Department and the Permit Board and the person to whom the
				  opinion is issued. No declaratory opinion will be used as precedent for any
				  other transaction or occurrence beyond that set of facts described in the
				  original request.
Miss. Code Ann.
				  §§
										25-43-2.103,
				  25-43-1.101,
				  et seq., 49-17-28, 49-17-29, and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.1 - General

Current through June 25, 2024
These rules are adopted pursuant to Mississippi Code
				  Annotated Section
				  49-17-29(3)(d)
				  which provides the Mississippi Environmental Quality Permit Board ("Permit
				  Board") may adopt rules of practice and procedure governing its proceedings
				  consistent with the Mississippi Commission on Environmental Quality's
				  regulations. These Rules replace the previous "Procedures for Conducting Permit
				  Board Evidentiary Hearings."
Miss. Code Ann.
				  §§
										49-17-29(3)(d);
				  49-17-1, et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.2 - Formal Evidentiary Hearings

Current through June 25, 2024
These procedures govern formal evidentiary hearings before
				  the Mississippi Environmental Quality Permit Board ("Permit Board") held
				  pursuant to Mississippi Code Annotated, Section
				  49-17-29(4)(b)(Rev.
				  2012), and apply to all parties including the Mississippi Department of
				  Environmental Quality.
Miss. Code Ann.
				  §§
										49-17-29(4)(b);
				  49-17-1, et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.3 - Severability

Current through June 25, 2024
If any provision, section, subsection, sentence, clause or
				  phrase of any of these rules and regulations, or the application of same to any
				  person or set of circumstances, is for any reason challenged or held to be
				  invalid or void, the remaining regulations or their application to other
				  persons or circumstances will remain valid.
Miss. Code Ann. §
										49-17-1,
				  et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.4 - Hearing Officer

Current through June 25, 2024
A. Permit Board.
				The Permit Board created by Mississippi Code Annotated Section
				49-17-28
				(Rev. 2012) is the exclusive administrative body to make decisions on permit
				issuance, reissuance, denial, modification, transfer, or revocation of air
				pollution control and water pollution control permits (Miss. Code Ann. §
									49-17-1,
et seq.
) and permits required under the Solid Wastes Disposal
				Law of 1974 (Miss. Code Ann. §
									17-17-1,
et seq
.) and all other permits within the jurisdiction of the
				Permit Board including, but not limited to the following: surface mining
				permits (Miss. Code Ann. §
									53-7-1,
et seq.
); surface coal mining permits (Miss. Code Ann. §
									53-9-1,
et seq.
); water withdrawal permits (Miss. Code Ann. §
									51-3-1,
et seq.
; §401 water quality certifications; and dam
				safety permits (Miss. Code Ann. §
									51-3-1,
et seq.
). The Executive Director of the Mississippi Department
				of Environmental Quality ("MDEQ") is also the Executive Director of the Permit
				Board. Miss. Code Ann. §
									49-17-29(3)(b).
B. Hearing Officer. The Permit Board may,
				through the Mississippi Department of Environmental Quality ("MDEQ"), designate
				a Hearing Officer to conduct the formal evidentiary hearing on all or any part
				of the issues on behalf of the Permit Board. The Hearing Officer may be an
				attorney from the Mississippi Attorney General's Office, another attorney who
				does not represent a party in the hearing, or a member of the Permit Board.
				MDEQ will notify the parties once the Hearing Officer has been designated.
1. Authority. The Hearing Officer shall have
				authority to conduct the hearing in his or her discretion for its orderly
				conduct. The Hearing Officer may perform functions including but not limited to
				the following:
a) call the proceeding to
				order;
b) allow a brief synopsis of
				the proposed action;
c) rule on
				procedural motions including motions to intervene;
d) allow the parties to the matter to make
				opening arguments;
e) rule on
				procedural and evidentiary matters;
f) allow for questioning of witnesses
				including cross-examination, redirect, and for questioning by the Permit
				Board;
g) allow the parties to the
				matter to make closing arguments;
h) advise the Permit Board of procedures for
				going into executive session, out of executive session, and return to regular
				session; and
i) close the
				evidentiary hearing.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.6 - Interventions

Current through June 25, 2024
Any person who meets the statutory definition of "interested
				  party" under Miss. Code Ann. §
									49-17-29(4)(b)
				  and 11 Miss. Admin. Code Pt. 1, R. 6.5.D may file a written Motion to
				  Intervene.
A. Leave. Leave to intervene
				will entitle the intervenor to the status of a party and to participate as a
				party.
B. Form. Motions to
				intervene shall set out clearly the facts from which the nature of the movant's
				alleged right or interest can be determined, the grounds of the proposed
				intervention and any other pertinent facts. Movants will only be allowed to
				intervene if they meet the definition of "interested party" set forth in Miss.
				Code Ann. §
									49-17-29(4)(b)
				and Rule 6.5.D which is as follows: "any person claiming an interest relating
				to the property or project which is the subject of the permit action, and who
				is so situated that the person may be affected by the disposition of that
				action." The motion to intervene must contain a certificate of service upon all
				parties of record. The movant shall file a proposed order allowing intervention
				with the motion to intervene. The MDEQ Legal staff will provide example forms,
				upon request, to any proposed intervenor.
C. Time for. Motions to intervene must be
				filed on or before the date specified in the scheduling letter. An interested
				party who did not timely file a motion to intervene may not participate as a
				party at the evidentiary hearing except upon good cause shown.
D. Failure to comply with time limitations.
				Motions to intervene not timely filed under this rule will only be allowed in
				the discretion of the Permit Board and only upon good cause shown. Except as
				otherwise ordered, a grant of an untimely motion to intervene must not be a
				basis for delaying or deferring any procedural schedule established prior to
				the grant of that motion. The Permit Board may limit a late intervenor's
				participation to avoid delay and prejudice to the other participants.
E. Service of Copies. Documents filed after a
				person is allowed to intervene must be served on the intervenor in the same
				manner as for parties.
Miss. Code Ann.
				  §§
										49-17-29(4)(b);
				  49-17-1, et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.8 - Service of Process

Current through June 25, 2024
Subpoenas, subpoenas
duces tecum
, notices,
				  orders, or other papers required to be served may be served in any manner
				  provided by law. Any person serving such process is entitled to the same fees
				  as are paid for like services in the courts of this state and the cost will be
				  borne by the party at whose instance the process is served. It is the
				  responsibility of the party seeking a subpoena, subpoena
duces
				  tecum
, notice, orders, or other papers required to be served to
				  arrange for service of process on the respective witness.
Miss. Code Ann.
				  §§
										49-17-29(4)(b)
				  and
				  49-17-1,
				  et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.9 - Preliminary Motions

Current through June 25, 2024
Any request for an action or ruling prior to a hearing on the
				  merits in a contested permit must be made in writing.
A. The request must state the grounds
				therefore and set forth the relief or order sought. The Permit Board, its
				Executive Director, or Hearing Officer may shorten or extend the time for
				filing preliminary motions. If a time for filing motions is specified in a
				scheduling letter, any party filing a motion must file and serve the motion on
				the date specified. The parties may also mutually agree to shorten or extend
				the time for filing motions.
B. Any
				party opposing a preliminary motion must file and serve a response within the
				time specified in the scheduling letter. The Permit Board, its Executive
				Director, or Hearing Officer may shorten or extend the time for responding to
				any motion. If a time for responding to motions is specified in a scheduling
				letter, any party opposing a motion must file and serve a response on the date
				specified. The parties may also mutually agree to shorten or extend the time
				for filing responses.
C. Any party
				may, in a preliminary motion or response, request oral argument or the
				presentation of oral testimony or the Permit Board, its Executive Director, or
				Hearing Officer may order argument or the presentation of oral testimony to a
				Hearing Officer or the Permit Board. If such a request is granted or such an
				order entered, the Permit Board, or its Executive Director, will set the date
				and time therefore and may order that the argument be heard by telephone
				conference call.
D. Preliminary
				motions, responses, matters submitted in support thereof, and any orders with
				respect thereto must be filed with the Executive Director of the Permit Board
				and must be served on all parties, intervenors (if applicable), and the
				permittee or permit applicant if not a party.
Miss. Code Ann. §
										49-17-1,
				  et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.10 - Pre-hearing Conference

Current through June 25, 2024
Any party to an evidentiary hearing may request a pre-hearing
				  conference.
Miss. Code Ann. §
										49-17-1,
				  et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.11 - Ex Parte Communications

Current through June 25, 2024
After the announcement of, or notice of intent to, request a
				  formal evidentiary hearing before the Permit Board, there shall be no
ex parte
contacts relating to the facts or merits of the
				  petitioner's request between any person in favor of or opposed to the hearing
				  petition and the Hearing Officer or any Permit Board member. Any communications
				  with the hearing Officer or any Permit Board member must be copied to all
				  parties.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.12 - Scheduling Letter

Current through June 25, 2024
The Permit Board, through MDEQ, may enter a scheduling letter
				  which may include provisions for setting a pre-hearing conference, and which
				  also may include instructions and deadlines for the parties to submit pre-filed
				  direct and rebuttal testimony, documentary evidence, motions, responses,
				  witness lists, and to exchange all exhibits expected to be introduced into the
				  record of the evidentiary hearing. The scheduling letter will be sent certified
				  mail to all parties and the permittee (or permit applicant), if not a party.
				  Motions
in Limine
, if any, must be filed no later than seven
				  days before the evidentiary hearing. Responses to Motions
in
				  Limine
may be made on the day of the hearing prior to opening
				  statements. The Hearing Officer may consider and rule upon Motions
in
				  Limine
.
Miss. Code Ann. §
										49-17-1,
				  et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.13 - Filing of Documents

Current through June 25, 2024
A. Number of
				copies. The original and 10 copies of all petitions, pre-filed testimony,
				exhibits, motions, pleadings of any nature, and any other type of documents
				required or allowed to be filed must be filed with the Permit Board either by
				hand delivery to or by mailing to the following:
Executive Director's Office
Mississippi Department of Environmental Quality
P. O. Box 2261 (39225)
515 E. Amite Street
Jackson, Mississippi 39201
B. Filing by email or facsimile. Parties may
				meet the filing requirement by submitting all petitions, pre-filed testimony,
				exhibits, motions, pleadings of any nature, and any other type of documents
				required or allowed to be filed via email or facsimile to the Executive
				Director, with copies to MDEQ's Legal Department and counsel for all parties by
				5:00 p.m. on the date such documents are due. Parties who choose to meet the
				filing requirement by emailing documents must submit the original document and
				10 hard copies of such emailed or faxed document to the Executive Director by
				the close of the following business day.
C. Service of Copies. One copy of all
				documents or pleadings required or allowed to be filed under the provisions of
				these rules must be served upon all parties as defined in these rules and the
				permittee (or permit applicant), if not a party, either in person or by mail to
				such parties, permittee, or their respective attorneys.
Miss. Code Ann. §
										49-17-1,
				  et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.15 - Hearing Procedures

Current through June 25, 2024
A. Commencement.
				The Hearing Officer will open the hearing by identifying each of the parties
				and describing the subject of the hearing.
B. Rules of evidence. The strict rules of
				evidence will not apply; however, all objections must be timely made. The
				Hearing Officer may limit or exclude testimony which is redundant or not
				relevant to the issues before the Permit Board. While the Permit Board will not
				be bound by the strict rules of evidence, it must base all of its
				determinations on sufficient evidence.
C. Sequestration. Any party to the hearing
				may move to invoke the rule of sequestration and the Hearing Officer may rule
				on the motion.
1. If the rule is invoked, no
				witnesses found improperly present in the hearing room during the hearing may
				testify.
2. The Hearing Officer may
				waive a violation of a sequestration order if all opposing parties consent to a
				waiver, or if the presence of the witness sequestered from the hearing does not
				substantially affect any other party.
3. Each party may have one corporate, agency,
				or other representative remain throughout the hearing and that representative
				may also testify as a witness.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.16 - Failure to Appear at the Hearing - Default

Current through June 25, 2024
If the hearing petitioner fails to appear at the scheduled
				  time and place set for the formal evidentiary hearing, the Permit Board may
				  dismiss the petition for a formal evidentiary hearing.
Miss. Code Ann. §
										49-17-1,
				  et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.17 - Executive Session

Current through June 25, 2024
The Permit Board may recess into executive session to
				  deliberate in accordance with the following procedure:
A. During the open meeting, a Permit Board
				member may move for a closed determination whether or not to declare an
				executive session. During the open meeting, the Permit Board must vote by a
				majority vote to close the meeting to determine the necessity of going into an
				executive session.
B. If a majority
				of the Permit Board votes for a closed determination, the Permit Board meeting
				must be closed for a preliminary determination of the necessity for an
				executive session. During the closed meeting, the Permit Board may not conduct
				other business until it discusses the matter of declaring an executive session
				and votes, by three-fifths of the Permit Board members present, to declare an
				executive session.
C. The vote
				whether or not to go into executive session will be recorded on the Permit
				Board's minutes.
D. If the Permit
				Board votes to declare an executive session, the Board chairman will reopen the
				meeting and publicly state the reason for going into executive
				session.
E. The Permit Board will
				then go into executive session to deliberate.
F. The Permit Board's return to the open
				meeting ends the executive session.
G. The Permit Board will state during the
				open meeting what, if any, decision it made during executive session.
Miss. Code Ann. §
										25-41-7 (Rev.
				  2010).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.18 - Determinations and Findings of Fact and Conclusions of Law

Current through June 25, 2024
A. The Permit Board may make its decision
				immediately upon the conclusion of evidence and closing arguments. The Permit
				Board may take the matter under advisement and may postpone its final
				determination until a later Permit Board meeting. All final rulings affirming,
				modifying, or reversing a prior decision to issue, deny, modify, transfer or
				revoke a permit must be based on sufficient evidence and be entered into the
				Permit Board's meeting minutes. The Permit Board, as the exclusive
				administrative body mandated by statute to make decisions regarding permit
				issuance, reissuance, denial, modification, or revocation of permits within its
				jurisdiction, may accept or reject the MDEQ staff recommended action.
B. MDEQ will prepare proposed draft Findings
				of Fact and Conclusions of Law ("FOFCOLs"), and submit them to all of the
				parties to the evidentiary hearing for comments. Parties may submit comments to
				the draft FOFCOLs within seven days of receipt of the draft FOFCOLs. MDEQ will
				then submit its proposed FOFCOLs and any comments by the parties to the Permit
				Board for consideration. The Permit Board may accept the FOFCOLs as drafted or
				may reject the proposed FOFCOLs with instructions to MDEQ to resubmit the
				proposed FOFCOLs with corrections specified by the Permit Board. Should the
				Permit Board adopt the proposed FOFCOLs by a majority vote of the present
				Permit Board members, the proposed FOFCOLs will become the Permit Board's
				decision and the Permit Board will record the FOFCOLs supporting its decision
				in its minutes. All parties will be notified in writing of the Permit Board's
				decision and furnished a copy of the Permit Board's findings of fact and
				conclusions of law through certified mail.
Miss. Code Ann. §
										49-17-1,
				  et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.19 - Finality and Appeal

Current through June 25, 2024
All Permit Board rulings are final and conclusive unless
				  appealed to the Chancery Court of the county of the
situs
in
				  whole or in part of the subject matter within 20 days of the date the Permit
				  Board votes to adopt and record the FOFCOLs into its minutes. "As recorded in
				  the minutes of the Permit Board" means the date of the Permit Board meeting at
				  which the Permit Board adopted the FOFCOLs.
Miss. Code Ann.
				  §§
										49-17-29(5)(b)
				  and
				  49-17-1,
				  et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.20 - Hearing Record

Current through June 25, 2024
The hearing record for the formal evidentiary hearing
				  consists of all transcripts of evidentiary hearings, motion hearings,
				  arguments, and other proceedings on the record and of all exhibits, admitted as
				  part of the record at the hearing or hearings, and of all papers filed by the
				  parties in the case file at the Permit Board, and all pre-filed testimony and
				  attached exhibits of all the parties filed by the parties, and Permit Board
				  minutes.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 6 - Rules of Practice and Procedure for Formal Evidentiary Hearings before the Mississippi Environmental Quality Permit Board › Rule 11-1-6.21 - Hearing Transcript

Current through June 25, 2024
The Permit Board, in its discretion, may not require a
				  transcription of the evidentiary hearing record, except all evidentiary
				  hearings after appeal will be transcribed.
Miss. Code Ann. §
										49-17-1,
				  et seq. (Rev. 2012).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 1 - Mississippi Commission on Environmental Quality, Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants › Rule 11-2-1.1 - General

Current through June 25, 2024
A. Authority. Pursuant to the authority
				granted by Miss. Code Ann.
				49-17-17, the
				following regulations are adopted for the purpose of preventing, abating, and
				controlling air pollution caused by air contaminants being discharged into the
				atmosphere as particulates, smoke, fly ash, solvents, and other chemicals or
				combinations thereof.
B. Pursuant
				to 11 Miss. Admin. Code Pt. 1, Ch. 5, R.
				5.1, the Mississippi Environmental
				Quality Permit Board ("Permit Board") shall ensure that at least a majority of
				the 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.
C. Except as
				otherwise noted herein, stack emissions testing for demonstration of compliance
				with the regulations herein may be performed in accordance with the Test
				Methods of the U. S. Environmental Protection Agency in place at the time
				testing is performed or as otherwise approved by the staff of the Mississippi
				Office of Pollution Control and the U. S. Environmental Protection Agency.
(1) Notwithstanding this or any other
				provision in these or any other regulations, the owner or operator may use any
				credible evidence or information relevant to whether a source would have been
				in compliance with applicable requirements if the appropriate performance or
				compliance test had been performed, for the purpose of submitting compliance
				certifications.
(2) Notwithstanding
				any other provision in these or any other air pollution control regulations,
				any credible evidence or information relevant to whether a source would have
				been in compliance with applicable requirements if the appropriate performance
				or compliance test had been performed, can be used to establish whether or not
				a person has violated or is in violation of any standard or applicable
				requirement.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 1 - Mississippi Commission on Environmental Quality, Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants › Rule 11-2-1.3 - Specific Criteria for Sources of Particulate Matter

Current through June 25, 2024
A. Smoke.
(1) No person shall cause, permit, or allow
				the emission of smoke from a point source into the open air from any
				manufacturing, industrial, commercial or waste disposal process which exceeds
				forty (40) percent opacity subject to the exceptions provided in Rule 1.3.A(2)
				& (3).
(2) Startup operations
				may produce emissions which exceed 40% opacity for up to fifteen (15) minutes
				per startup in any one hour and not to exceed three (3) startups per stack in
				any twenty-four (24) hour period.
(3) Emissions resulting from soot blowing
				operations shall be permitted provided such emissions do not exceed 60 percent
				opacity, and provided further that the aggregate duration of such emissions
				during any twenty-four (24) hour period does not exceed ten (10) minutes per
				billion BTU gross heating value of fuel in any one hour.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 1 - Mississippi Commission on Environmental Quality, Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants › Rule 11-2-1.4 - Specific Criteria for Sources of Sulfur Compounds

Current through June 25, 2024
A. Sulfur Dioxide Emissions from Fuel Burning
(1) The maximum discharge of sulfur oxides
				from any fuel burning installation in which the fuel is burned primarily to
				produce heat or power by indirect heat transfer shall not exceed 4.8 pounds
				(measured as sulfur dioxide) per million BTU heat input.
(2) No person shall cause or permit the
				burning of fuel in any fuel burning equipment that results in an average
				emission of sulfur dioxide from any calendar year at a rate greater than was
				emitted by said fuel burning equipment for the corresponding calendar year 1970
				unless otherwise authorized by the Commission. Installations under construction
				on January 25, 1972, are excluded from this requirement.
(3) The maximum discharge of sulfur dioxide
				from any modified fuel burning unit whose generation capacity is less than 250
				million BTU per hour and in which the fuel is burned primarily to produce heat
				or power by indirect heat transfer shall not exceed 2.4 pounds (measured as
				sulfur dioxide) per million BTU heat input. For the purposes of Rule 1.4 of
				these regulations only, "modification" shall mean any physical change in an Air
				Contaminant Source which increases the amount of any air pollutant (to which a
				standard applies) emitted by such source or which results in the emission of
				any air pollutant (to which a standard applies) not previously
				emitted.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 1 - Mississippi Commission on Environmental Quality, Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants › Rule 11-2-1.5 - Specific Criteria for Sources of Chemical Emissions

Current through June 25, 2024
A. Fluorides. No person shall allow the
				emission of fluorides into the ambient air in excess of four-tenths (0.4) pound
				per ton of P2O5 or equivalent.
				The allowable emission of fluorides shall be calculated by multiplying the unit
				emission, specified above, times the expressed design production capacity of
				the installation or plant.
B.
				Miscellaneous Chemical Emissions. No person shall cause, permit, or allow the
				emission of toxic, noxious, or deleterious substances, in addition to those
				considered in these regulations, into the ambient air in concentrations
				sufficient to affect human health and well-being, or unreasonably interfere
				with the enjoyment of property or unreasonably and adversely affect plant or
				animal life beyond the boundaries of the property containing the air pollution
				source.
Miss. Code Ann .
				  §§
										49-2-9(1)(b),
				  49-17-17,
				  49-2-1, et
				  seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 1 - Mississippi Commission on Environmental Quality, Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants › Rule 11-2-1.7 - Exceptions

Current through June 25, 2024
If any single source of emission or combination of sources of
				  emissions is found to compromise the ambient air quality in the State, beyond
				  the limitations set forth in any national primary and secondary ambient air
				  quality standards now or hereafter established by the Administrator of the
				  Environmental Protection Agency pursuant to the Clean Air Act as amended
				  December 31, 1970, ( Public Law 91-640 ) notwithstanding compliance with any
				  maximum allowable emission rate allowed by this regulation, the Mississippi
				  Commission on Environmental Quality may require such further reduction in
				  emission from this or these sources as is necessary to obtain compliance with
				  said national primary and secondary ambient air quality standards.
Miss. Code Ann.
				  §§
										49-2-9(1)(b),
				  49-17-17,
				  49-2-1, et
				  seq. and 49-17-1, et seq.