reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 4 - Mississippi Commission on Environmental Quality Waste Tire Management Regulations › Rule 11-4-4.6 - Financial Responsibility Requirements

Current through June 25, 2024
A. Persons who
				operate waste tire collection sites or waste tire processing facilities shall
				estimate the costs of processing and disposal of the maximum number of waste
				tires/processed tires expected on site before closure of the facility, and must
				update such estimates annually, unless an alternate schedule is approved by the
				Department. Cost estimates must be approved by the Department. The costs shall
				be based on a third party performing the work, reported on a per unit basis.
				Such persons shall provide the Department with proof of financial
				responsibility issued in the amount of such approved estimate for closure of
				the facility. Proof of financial responsibility may include the following
				financial instruments: escrow accounts, surety bonds, including performance
				bonds or financial guarantee bonds; irrevocable letters of credit; certificates
				of deposit; securities; and other documents, approved by the Department. The
				financial instruments shall be issued by a surety company or financial
				institution licensed to do business in the State of Mississippi. Persons
				operating an authorized solid waste management landfill which includes a waste
				tire collection site/waste tire processing facility as a part of their
				operations and whose proof of financial responsibility for closure of the
				landfill is deemed adequate by the Department to cover closure costs of the
				waste tire collection site/waste tire processing facility, may not be required
				to submit new documentation of financial responsibility. The Department may, in
				its discretion, exempt certain persons from these financial assurance
				requirements based on the duration of the proposed project and the quantity of
				tires to be managed by the project.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-201, et seq., 17-17-401, et seq., 49-2-9(1)(b), 49-17-17(i),
				  49-17-1, et seq., and 49-2-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 4 - Mississippi Commission on Environmental Quality Waste Tire Management Regulations › Rule 11-4-4.7 - Agriculture, Erosion Control, or Other Uses of Waste Tires

Current through June 25, 2024
A. Waste tires which have been processed as
				described in Rule
				4.4(B) may, upon the
				approval of the Department, be used for erosion control. The Department may
				consider requests to use tires which have been processed by other means on a
				site specific basis.
B.
				Waste/processed tires used for agricultural and erosion control purposes shall
				be stored/stockpiled, while not in use, in a manner which precludes mosquito
				breeding problems, rodent harborage, and potential fire hazards.
C. Waste/processed tires used for erosion
				control or other civil engineering purposes shall not remain stockpiled on site
				for more than 90 days unless a waste tire collection site permit is
				obtained.
D. Waste/processed tires
				used for agricultural or other approved purposes shall upon completion of use
				be deposited for disposal or recycling at a properly permitted waste tire
				collection site, waste tire processing facility, or waste tire disposal
				site.
E. The Department may approve
				other uses of waste/processed tires upon a site specific basis provided that
				the user can demonstrate that the waste tires will be managed properly and will
				either result in a legitimate end use of the waste tire or proper disposal upon
				completion of the subject project.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-201, et seq., 17-17-401, et seq., 49-2-9(1)(b), 49-17-17(i),
				  49-17-1, et seq., and 49-2-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Waste Tire Transportation Regulations › Rule 11-4-5.1 - Applicability

Current through June 25, 2024
A. Except as provided in Rule 5.1(B), (C),
				(D) and (E), these requirements shall apply to waste tire generators,
				transporters, haulers, and the owners/operators of waste tire collection,
				processing and disposal sites concerning the transportation of waste tires in
				Mississippi, including instances where
(1)
				waste tires are transported into the State of Mississippi from out-of-state
				generators for the purposes of storage, processing, disposal, or retreading/
				resale in Mississippi, or for transportation through the State to destinations
				outside Mississippi; and where
(2)
				waste tires originating in Mississippi are transported outside the State for
				the purposes of storage, processing, disposal or retreading/resale in another
				state.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Waste Tire Transportation Regulations › Rule 11-4-5.2 - Definitions

Current through June 25, 2024
A. For purposes of this regulation, the
				following definitions apply:
(1) "Department"
				means the Mississippi Department of Environmental Quality.
(2) "Reusable tire" means a whole tire which
				has been specifically separated from waste tires for and which is suitable for
				processing or resale for its original intended purpose. A used tire which
				appears to be suitable for its original intended purpose, but which has not
				been separated from waste tires for such purposes shall be considered to be a
				waste tire.
(3) "Waste tire" means
				a whole tire that is no longer suitable for its original intended purpose
				because of wear, damage or defect.
(4) "Waste tire collection site" means a site
				used for the storage of 100 or more waste tires.
(5) "Waste tire disposal site" means a site
				where tires are buried or incinerated in a manner that does not facilitate
				recycling, resource recovery, or reuse of the waste tires or its
				by-products.
(6) "Waste tire
				generator" means any person who produces or stores waste tires on property
				owned or leased by that person.
(7)
				"Waste tire hauler" means any person engaged in the collection and/or
				transportation of 50 or more waste tires for the purposes of storage,
				processing, or disposal or any person transporting waste tires for
				compensation.
(8) "Waste tire
				processing facility" means a site where tires are reduced in volume by
				shredding, cutting, chipping or otherwise altered to facilitate recycling,
				resource recovery, or disposal. The term includes mobile waste tire processing
				equipment. Commercial enterprises processing waste tires shall not be
				considered solid waste management facilities.
(9) "Waste tire transporter" means any person
				engaged in the transportation of waste tires.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Waste Tire Transportation Regulations › Rule 11-4-5.3 - Waste Tire Generator Requirements

Current through June 25, 2024
A. A waste tire
				generator providing waste tires for transportation to a facility for storage,
				processing, disposal, or retreading/resale shall complete and sign a
				certification form as provided by the Department certifying the following:
(1) the number of waste tires to be
				transported or in the event that the waste tires have been cut, chopped,
				sliced, shredded or otherwise processed into multiple pieces, the volume of
				processed waste tires to be transported;
(2) the county and state in which the tires
				were collected; and
(3) the name
				and address of the waste tire processing, storage, disposal or retreading
				resale facility for which the tires are destined.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Waste Tire Transportation Regulations › Rule 11-4-5.4 - Waste Tire Transporter Requirements

Current through June 25, 2024
A. A waste tire
				transporter shall complete and sign the certification form initially completed
				by the waste tire generator, certifying the receipt of waste tires from the
				waste tire generator.
B. The waste
				tire transporter shall not transport a waste tire load from the generator's
				site, unless the waste tire generator has completed and signed all applicable
				portions of the certification form.
C. The waste tire transporter shall present
				the certification form to the owner/operator of a waste tire collection,
				processing, disposal or retreading/resale site at the time of delivery of the
				tires for storage, processing, disposal or retreading/resale and shall retain a
				copy of the completed certification form containing all signatures for at least
				three (3) years.
D. Persons
				transporting wastes tires shall not deposit the tires for storage, processing,
				disposal or retreading/resale within the State of Mississippi except at an
				appropriately authorized waste tire collection, processing, disposal site, at a
				retreading/resale facility or at another facility approved by the Department to
				accept waste tires.
E. A waste tire
				transporter who hauls 50 or more waste tires for storage, processing or
				disposal or who hauls tires for compensation shall obtain a valid
				identification number pursuant to Rule 5.5(A).
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-201, et seq., 17-17-401, et seq., 49-2-9(1)(b), 49-17-17(i),
				  49-17-1, et seq., and 49-2-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Waste Tire Transportation Regulations › Rule 11-4-5.5 - Waste Tire Hauler Requirements

Current through June 25, 2024
A. From and after
				January 1, 1992, any waste tire hauler transporting waste tires within or into
				the state must register with the Department of Environmental Quality and obtain
				a waste tire hauler identification number. The Department may consider the
				compliance history of the applicant and may deny the issuance of an
				identification number if it finds that the applicant has committed significant
				or habitual violations of pollution control laws.
B. Waste tire haulers shall submit a
				registration application to the Department to receive the waste tire hauler
				identification number. Proof of obtaining this identification number shall be
				kept at all times on all vehicles used to transport waste tires. Registration
				applications should be submitted on forms as provided by the Department at
				least 14 days before the waste tires hauler intends to begin transporting waste
				tires. The waste tire hauler shall renew this registration by July 1 of each
				year after the initial registration and should submit the renewal application
				at least 30 days prior to the registration expiration date.
C. A waste tire hauler shall record and
				maintain for three years the following information regarding its activities for
				each three month period of operation:
(1) The
				approximate quantity of waste tires hauled
(2) Where or from whom the waste tires were
				received.
(3) Where the waste tires
				were deposited.
Records shall be available for inspection by Department
				  personnel during normal business hours.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Waste Tire Transportation Regulations › Rule 11-4-5.6 - Waste Tire Collection, Processing, and Disposal Site Requirements

Current through June 25, 2024
A. The owner/operator of a waste tire
				collection, processing, or disposal site, retreading/resale facility, or other
				facility approved to accept waste tires shall not accept waste tires unless the
				waste tire transporter provides a certification form which has been completed
				and signed by both the waste tire generator and transporter.
B. The owner/operator of a waste tire
				collection, processing, or disposal site, retreading/resale facility, or other
				solid waste management facility receiving waste tires shall sign the
				certification form and shall retain a copy of said form containing all
				signatures, for at least three years.
C. The owner/operator of a waste tire
				collection, processing or disposal site, retreading/resale facility or other
				facility approved to accept waste tires shall not accept 50 or more waste tires
				from any person unless the transporter is a registered waste tire hauler who
				possesses a valid identification number pursuant to Rule 5.5(A).
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-201, et seq., 17-17-401, et seq., 49-2-9(1)(b), 49-17-17(i),
				  49-17-1, et seq., and 49-2-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 5 - Mississippi Commission on Environmental Quality Waste Tire Transportation Regulations › Rule 11-4-5.7 - Enforcement Authority and Penalties

Current through June 25, 2024
A. Any person who
				fails to comply with this rule is subject to having their waste tire hauler
				identification number or waste tire collection, processing, or disposal site
				permit, approval, or authorization revoked, as well as other penalties provided
				by law.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-201, et seq., 17-17-401, et seq., 49-2-9(1)(b), 49-17-17(i),
				  49-17-1, et seq., and 49-2-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Nonhazardous Solid Waste Corrective Action Trust Fund Regulations › Rule 11-4-6.2 - Eligibility For Reimbursement

Current through June 25, 2024
A. Only those
				nonhazardous solid waste disposal facilities which received in whole or in part
				household waste and which closed prior to the effective date of Title 40 of the
				Code of Federal Regulations, Section 258, are eligible for receiving funds from
				the Trust Fund.
B. The Commission
				may utilize funds in the Trust Fund for the following purposes:
(1) to take whatever emergency action is
				necessary or appropriate to assure that the public health or safety is not
				threatened whenever there is a release or substantial threat of a release of
				contaminants from any source within the permitted area of an eligible
				facility;
(2) to take preventive or
				corrective actions where the release of contaminants from any source within the
				permitted area of an eligible facility presents an actual or potential threat
				to human health or the environment including, but not limited to, closure and
				post-closure care of an eligible facility; and
(3) to take such actions as may be necessary
				to monitor and provide post-closure care of any eligible facility, including
				preventive and corrective actions, without regard to identity or solvency of
				the owner thereof
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Nonhazardous Solid Waste Corrective Action Trust Fund Regulations › Rule 11-4-6.3 - Administrative Procedures For Reimbursement

Current through June 25, 2024
A. If an owner
				of a nonhazardous solid waste disposal facility has sufficient evidence that a
				release or substantial threat of a release of contaminants from a facility
				exists, he shall notify the Department and submit all such evidence to the
				Department.
B. If the Commission
				determines that a release or substantial threat of a release exists at an
				eligible facility, either from evidence submitted by an owner or another
				person, or from evidence compiled by the Department itself the Commission shall
				determine what actions, if any, are necessary.
C. The owner of the facility shall be
				responsible for obtaining the services of qualified personnel or contractors to
				conduct remedial investigations, monitoring activities, develop remedial design
				plans, or to otherwise conduct activities eligible for reimbursement from the
				Trust Fund.
D. Site assessments,
				installation of monitoring wells and other activities associated with remedial
				investigations shall be conducted by a person who complies with the following
				criteria:
(1) The person must have a minimum
				of three years experience as an environmental consultant;
(2) the person must have conducted remedial
				investigations or corrective actions at a minimum of two other sites;
				and
(3) the person must possess a
				certificate of professional liability insurance in an amount not less than one
				million dollars ($1,000,000.00).
The Department may require that documentation be submitted
				  demonstrating that the person conducting the work described in this paragraph
				  complies with the above criteria.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 6 - Mississippi Commission on Environmental Quality Nonhazardous Solid Waste Corrective Action Trust Fund Regulations › Rule 11-4-6.4 - Reimbursable Costs

Current through June 25, 2024
The Trust Fund may be used to reimburse owners of a facility
				  for costs incurred as a result of emergency actions, assessment or remediation
				  of contaminants, long term monitoring where necessary, and to provide for
				  post-closure care not considered to be normal costs.
It is the intent of these regulations to cover costs stated
				  above. While determination of eligible costs must be made on a case-by-case
				  basis, the following activities are considered eligible when performed in a
				  diligent and fair manner and when prior approval of the Department has been
				  obtained:
A. Development of remedial
				plans.
B. Drilling of soil
				borings.
C. Installation of
				groundwater monitoring wells.
D.
				Sampling and analysis of soil and groundwater.
E. Installation of groundwater recovery
				wells.
F. Removal of contaminants
				by approved methods.
G. Disposal or
				treatment of contaminated media.
H.
				Replacement of contaminated water supply wells.
I. Legal fees and costs, where such costs are
				necessary to ensure the proper conduct of any site assessment, preventive or
				corrective action, monitoring activity, or closure or post-closure activity.
				Examples of such costs include any legal documents necessary to obtain access
				to the adjoining property or legal costs associated with executing a contract.
				Legal costs associated with litigation regarding the site or facility are not
				eligible for reimbursement.
J.
				Other costs determined appropriate by the Commission for remediation of the
				site.
Miss Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-63, 17-17-201, 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 6 - Mississippi Commission on Environmental Quality Nonhazardous Solid Waste Corrective Action Trust Fund Regulations › Rule 11-4-6.5 - Prioritization of Funds

Current through June 25, 2024
A. Whenever there
				are insufficient unencumbered funds to pay for the costs of all activities or
				facilities which have been identified as needing corrective action, the
				following factors shall be used by the Department in establishing priorities:
(1) Sites where methane gas in explosive
				concentrations has migrated from the property boundary and is threatening an
				adjacent inhabited building shall receive the highest priority.
(2) Sites or facilities which present a
				threat or potential threat to contaminate a drinking water supply that is
				currently being used by the public shall be given priority over those which
				present a threat or potential threat only to potential drinking water
				supplies.
(3) Where a threatened or
				potentially threatened drinking water supply is actually being used by the
				public, the number of persons currently using the water supply shall be
				considered.
(4) Where a threatened
				or potentially threatened drinking water supply is not being used by the
				public, the number of persons residing within one mile of the site or facility
				shall be considered.
(5) The degree
				of contamination found, including the areal extent of contamination, the depth
				of contamination, the concentration of contaminants, and the toxicity level of
				the specific contaminants, shall also be considered
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.1 - Scope and Authority

Current through June 25, 2024
These Regulations are promulgated by the Mississippi
				  Commission on Environmental Quality pursuant to Mississippi Code Annotated
				  section
				  17-17-501
				  (Supp. 1993), as amended by House Bill No. 1345 effective March 29, 1994,
et seq.
. [Miss. Laws, 1991, ch. 583, Miss. Laws, 1992,
				  ch. 583 and Miss. Laws, 1994, Ch. 540.], Mississippi Code Annotated section
				  17-17-27
				  (Supp. 1993) and Mississippi Code Annotated section
				  49-17-17 (Supp.
				  1993), for the purpose of implementing the provisions of those laws. These
				  Regulations may be codified by the Mississippi Department of Environmental
				  Quality as they are here presented or in such other order or form [i.e., number
				  or letter designations] as the Mississippi Department of Environmental Quality,
				  in its discretion, may decide. Please note: other regulations apply to persons
				  seeking issuance, reissuance or transfer of permits to operate and/or construct
				  a commercial nonhazardous solid waste management facility or commercial
				  hazardous waste management facility.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.2 - Title

Current through June 25, 2024
These Regulations shall be entitled Mississippi Commission on
				  Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant
				  Disclosure Regulations.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.4 - Filing of Disclosure Statement

Current through June 25, 2024
A. Every applicant
				(other than a public agency) for issuance, reissuance or transfer of a permit
				for the treatment, processing, storage or disposal of nonhazardous solid waste
				at a commercial nonhazardous solid waste management facility or hazardous waste
				at a commercial hazardous waste management facility shall file with the Permit
				Board at the time the application is filed a disclosure statement. All
				applicable information requested in the disclosure statement must be provided.
				If any questions in the disclosure statement are not applicable to the
				applicant, the applicant must so indicate.
(1) Public Agencies. If a public agency
				applies for a permit, the Permit Board shall consider the performance history
				of that agency as prescribed by Mississippi Code Annotated section
				17-17-27
				(Supp. 1993).
(2) Contractors for
				Public Agencies. If a public agency applies for a permit and proposes to
				operate a facility by contract with an individual or a business concern, such
				individual or business concern shall be required to file a disclosure statement
				as described in Miss. Code Ann. section
				17-17-503
				(Supp. 1993), as amended by House Bill No. 1345 effective March 29, 1994, and
				as provided by these Regulations. The Permit Board shall evaluate such
				statement as described in Miss. Code Ann. 17-17-505 (Supp. 1993) and in Rules
				7.15 through 7.18 of these Regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.5 - Content of Disclosure Statement Forms

Current through June 25, 2024
The disclosure statement shall be filed on forms supplied by
				  the Department and shall contain the following information:
A. Applicant Identity. A description of the
				business structure of the entity making the application,
i.e.
, whether the applicant is an individual, a
				partnership, a corporation or some other type of business concern.
B. Applicant Information.
(1) Individual. If the applicant is an
				individual, applicant's:
(a) Full
				name;
(b) Business
				address;
(c) Date of
				birth;
(d) Social security
				number;
(e) Business telephone
				number.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.6 - Execution of Disclosure Statements

Current through June 25, 2024
A. Disclosure
				statements shall be signed and sworn to or affirmed by the applicant, as
				follows:
(1) If the applicant is a
				corporation, by at least one of the following: its president, its chairman of
				the board, any other chief executive officer thereof, its secretary, its
				treasurer or other officer or employee of the corporation authorized by the
				applicant to execute the disclosure statement on behalf of the corporation. The
				Department or the Permit Board may require an applicant to present proof of
				such person's authority to execute the disclosure statement on behalf of the
				corporation.
(2) If the applicant
				is a partnership [except a limited partnership], by at least one of its
				partners who has authority to execute the disclosure statement on behalf of the
				partnership.
(3) If the applicant
				is a limited partnership, by at least one of its general partners who has
				authority to execute the disclosure statement on behalf of the limited
				partnership.
(4) If the applicant
				is any other business concern, by its chief executive officer, its secretary or
				its treasurer.
(5) If the applicant
				is an individual, by the individual himself or herself.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.7 - Changes in Circumstances Relevant to Disclosure Statement

Current through June 25, 2024
If, while applicant is awaiting action upon a permit
				  application [within the scope of these Regulations] by the Permit Board, a
				  change in circumstances renders any information provided in a disclosure
				  statement incorrect, misleading or otherwise inaccurate, applicant shall advise
				  the Department within thirty (30) days and supplement the disclosure statement
				  accordingly within sixty (60) days of any such change in circumstances. Failure
				  to do so may be considered by the Permit Board to be a misrepresentation or
				  concealment of such change in circumstances.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.8 - Method of Reporting Changes in Circumstances

Current through June 25, 2024
Changes in circumstances shall be reported on amendment
				  forms provided by the Department. The amendment form(s) shall be signed and
				  sworn to or affirmed by the same person(s) and in the same manner as authorized
				  by Rule 7.6 above for the disclosure statement.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.9 - Department May Require the Filing of a New Disclosure Statement

Current through June 25, 2024
Where multiple changes in circumstances are to be reported,
				  the Department, in its discretion, may require the filing of a new disclosure
				  statement.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.10 - Staff May Call on Other State Agencies in Reviewing Disclosure Statements

Current through June 25, 2024
The staff is authorized to call on criminal investigatory
				  and prosecutorial authorities and other agencies of the state to assist in the
				  review and investigation of disclosure statements and
				  applicants.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.11 - Annual Update of Disclosure Statement

Current through June 25, 2024
Following issuance, reissuance or transfer of a permit
				  within the scope of these Regulations, the person to whom the permit was issued
				  shall file an updated disclosure statement annually on the anniversary of the
				  permit issuance date as stated on the permit. If there has been no such changes
				  since the most recent disclosure statement filing or updating, the filing of an
				  additional disclosure statement will not be required if said person, no later
				  than the anniversary of the permit issuance date, indicates by means of a
				  letter to the Head of the Office of Pollution Control that no such changes have
				  occurred.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.12 - Failure to Annually Update Disclosure Statement

Current through June 25, 2024
Failure of a holder of a permit within the scope of these
				  Regulations to annually update the disclosure statement originally filed with
				  the issuance, reissuance or transfer of such permit shall be grounds for
				  revocation of the permit by the Permit Board.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.13 - Disclosure Statements to be Public Records

Current through June 25, 2024
Disclosure statements and the information contained therein,
				  except in so far as such may be accorded confidentiality pursuant to
				  Mississippi Code Annotated section
				  17-17-27(6)(Supp.
				  1993) or pursuant to other laws of the state of Mississippi, are public records
				  within the meaning of Miss. Code Ann. Section
				  25-61-5
				  (Supp. 1993). Applicants shall comply with the requirements of said Section
				  17-17-27(6)
				  to preserve confidentiality claims.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.14 - Additional Information

Current through June 25, 2024
The Permit Board, the Staff or both may require the
				  applicant to submit additional information in the disclosure statement beyond
				  what is specifically required by these Regulations. For purposes of these
				  disclosure regulations, such additional information is limited to items which
				  are specifically requested, and individuals as well as business concerns which
				  are disclosed pursuant to this provision are not subject to any of the earlier
				  disclosure provisions unless expressly indicated in the request by the Permit
				  Board and/or the Staff. Therefore, a business concern revealed pursuant to this
				  provision would not be a "disclosed business concern" as referred to earlier in
				  these regulations.
S Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.15 - Grounds for Refusal to Issue, Reissue or Transfer a Permit

Current through June 25, 2024
The Permit Board may refuse to issue, reissue or transfer a
				  permit if the Permit Board finds that the applicant or any person required to
				  be listed in the disclosure statement:
A. has misrepresented or concealed any
				material fact in the disclosure statement;
B. has obtained a permit from the Permit
				Board by misrepresentation or concealment of a material fact;
C. has been convicted of a felony or pleaded
				guilty or nolo contendere to a felony involving any federal or state laws,
				including but not limited to environmental laws, within the five-year period
				immediately preceding the filing of the application for the issuance,
				reissuance or transfer of a permit;
D. has habitually violated any provisions of
				federal or state environmental laws, rules or regulations related to the
				management of nonhazardous solid waste or hazardous waste within the five-year
				period immediately preceding the filing of the application for the issuance,
				reissuance or transfer of a permit, or, if neither the applicant nor any person
				required to be listed in the disclosure statement has worked or done business
				in the nonhazardous solid waste or hazardous waste fields within the five-year
				period immediately preceding the filing of the application for the issuance,
				reissuance or transfer of a permit, has habitually violated any other
				provisions of federal or state environmental law, rules or regulations within
				the same five year period;
E. has
				been adjudicated in contempt of an order of any court enforcing any state or
				federal environmental laws within the five-year period immediately preceding
				the filing of the application for the issuance, reissuance or transfer of a
				permit;
F. has been convicted of or
				pleaded guilty or nolo contendere to bribery or attempting to bribe a public
				officer or employee of the federal government or of any state or local
				government in the United States in the public officer's or employee's official
				capacity within the five-year period immediately preceding the filing of the
				application for the issuance, reissuance or transfer of a permit; or
G. has been convicted of or pleaded guilty or
				nolo contendere to collusion among bidders or prospective bidders in restraint
				of freedom of competition by agreement to bid a fixed price within the
				five-year period immediately preceding the filing of the application for the
				issuance, reissuance or transfer of a permit.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.16 - Consideration of Facts and Mitigating Circumstances

Current through June 25, 2024
. In determining whether to issue, reissue or transfer a
				  permit for the treatment, processing, storage or disposal of nonhazardous solid
				  waste at a commercial nonhazardous solid waste management facility or hazardous
				  waste at a commercial hazardous waste management facility, the Permit Board
				  shall consider the facts and any mitigating factors, including:
A. the relevance of the offense to the
				business for which a permit is sought or the nature and responsibilities of the
				position which a convicted individual would hold;
B. the nature and seriousness of the
				offense;
C. the circumstances under
				which the offense occurred;
D. the
				date of the offense; and
E. the
				ownership and management structure of the applicant at the time of the
				offense.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.17 - Evidence of Rehabilitation

Current through June 25, 2024
. The Permit Board shall allow the applicant to submit
				  evidence of rehabilitation and shall consider the applicant's efforts to
				  prevent recurrence of the unlawful activity in its determination under Rule
				  7.15 of these Regulations.
A. Items to
				be considered by the Permit Board shall include:
(1) the applicant's record and history of
				implementing successful corrective actions undertaken to prevent or minimize
				the likelihood of recurrence of the offense;
(2) whether the offense was an isolated event
				or repeated incident (
i.e.
, part of a pattern of
				activity);
(3) whether the
				applicant cooperated with governmental bodies during (3) investigations or
				voluntarily provided information regarding any offense under
				consideration;
(4) the number and
				types of permits held by applicant and the experience of applicant in
				conducting its business;
(5)
				implementation by the applicant of formal policies, training programs or
				management controls to substantially minimize or prevent the occurrence of
				future violations or unlawful activities;
(6) implementation by the applicant of an
				environmental compliance audit program to assess and monitor compliance with
				environmental laws, rules, regulations and permit conditions; and
(7) the applicant's discharge of individuals
				or severance of the interest of or affiliation with responsible parties who
				would otherwise cause the Permit Board to deny a permit.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.18 - Reconsideration of Permit Based on Change in Circumstances

Current through June 25, 2024
If, following issuance, reissuance or transfer of a permit,
				  a change in circumstances is reported by the permit holder, the Permit Board
				  may reconsider such action after notice to the applicant and the opportunity
				  for a hearing in accordance with Miss. Code Ann. section
				  49-17-29(4)(Supp.
				  1993) and, if it deems appropriate, revoke or modify the
				  permit.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.19 - Regulations Severable

Current through June 25, 2024
Each of these Regulations promulgated under the Act and each
				  part or subpart of said Regulations are intended by the Commission to be
				  severable such that should any Regulation or any part or subpart of any
				  Regulation be held to be invalid by any court, such invalidity shall not affect
				  the validity of the remaining parts and/or subparts of these
				  Regulations.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.20 - Administrative Appeals

Current through June 25, 2024
Any applicant denied the issuance, reissuance or transfer of
				  a permit because of information disclosed pursuant to these Regulations, or any
				  other interested party aggrieved by actions of the Permit Board related
				  thereto, may request a formal hearing concerning such action before the Permit
				  Board as provided in Miss. Code Ann. Section
				  49-17-29(4)(Supp.
				  1993).
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.21

Current through June 25, 2024
The Commission on Environmental Quality may waive the filing
				  of disclosure information related to applicants for permits involving the
				  storage, treatment, processing or disposal of nonhazardous solid waste only if
				  the information regards the holder of less than five percent (5%) of the equity
				  of the applicant or the holder of less than five percent (5%) of the equity in
				  any business concern which holds equity in the applicant.
A. In order to apply for the waiver, the
				applicant shall file a sworn petition requesting such waiver and allege either:
(1) that the information cannot be
				ascertained after reasonable and diligent search and inquiry, setting forth in
				the petition the facts and circumstances alleged to constitute the reasonable
				and diligent search and inquiry to obtain the information; or
(2) that the information required is not
				relevant or material, setting forth in the petition the facts and circumstances
				in support of the irrelevancy or immateriality of the information.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 4 - Nonhazardous Solid Waste Management Regulations › Chapter 7 - Mississippi Commission on Environmental Quality Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations › Rule 11-4-7.22 - Effective Date

Current through June 25, 2024
. The original Regulations were adopted by the Mississippi
				  Commission on Environmental Quality on October 24, 1991. Notwithstanding
				  anything to the contrary, the initial amendments to the original Regulations
				  included herein were adopted on December 17, 1992, and became effective on
				  January 18, 1993. The amendments included herein were adopted on July 28, 1994,
				  and shall become effective on August 30, 1994.
Miss. Code Ann.
				  §§
										17-17-1,
				  et seq., 17-17-501, 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 11-4-8.1 - General Information

Current through June 25, 2024
A. These
				regulations are promulgated under the authority provided by the Miss. Code Ann.
				Section
				21-27-207.
B. The Miss. Code Ann. Section
				21-27-211
				and the Mississippi Nonhazardous Solid Waste Management Regulations require
				that all commercial solid waste landfills and class I rubbish sites must employ
				a certified operator. Any person designated by the landfill or class I rubbish
				site owner as the person having direct supervision over and personal
				responsibility for the daily operation of the landfill or rubbish site must
				apply for and obtain operator certification under the conditions contained in
				these regulations.
C. Certificates
				shall be valid for three (3) years, unless revoked or invalidated by the
				Commission for just cause.
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.