reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 3 - Underground Storage Tank Regulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks (Adopted January 24, 1990; Amended September 28, 1995; Last Amended August 23, 2018) › Rule 11-5-3.6 - Certification Requirements

Current through June 25, 2024
A. To be a
				certified installation contractor, certified permanent closure contractor, or
				certified UST technician of underground storage tank systems, an applicant for
				certification must meet the following requirements:
(1) be at least 18 years of age;
(2) complete and submit an application
				provided by the Department;
(3)
				pass appropriate examination(s) developed and given by the Department, with a
				score of at least 75%;
(4) submit
				and maintain during the certification period current proof of financial
				responsibility in one of the following two ways if installing, altering,
				permanently closing, or testing UST systems not owned by the applicant or
				company named on the certification application:
(a) Certificate of Insurance that must
				provide and reflect
(1) at least $50,000
				coverage of contractor's general liability insurance; and
(2) a 30- or 60-day cancellation notice
				period; and
(3) the Department as
				the certificate holder; or,
(b) a Certificate of Responsibility from the
				Mississippi Board of Contractors;
(5) submit letter from their employer stating
				that the applicant is an employee of said company and the following conditions
				exist:
(a) applicant is an employee of
				company and not the owner;
(b) The
				applicant will install, alter, test, and/or permanently close UST systems other
				than those owned by the company.
(6) submit proof of experience with UST
				systems by letter of employer, W-2s, or Department approved equivalent to
				confirm the following:
(a) Two (2) years of
				experience under an MDEQ licensed Installation contractor to become certified
				to install or alter USTs, unless otherwise approved by the Department.
(b) Two (2) years of experience
				under an MDEQ licensed Removal contractor to become certified to permanently
				close USTs, unless otherwise approved by the Department.
(c) Six (6) months of experience under an
				MDEQ licensed Installation contractor or MDEQ licensed Technician to become
				certified to test and perform non-invasive repairs to USTs, unless otherwise
				approved by the Department.
(d)
				Six (6) months of experience under an MDEQ licensed Cathodic Protection Tester
				to become certified to test Cathodic Protection on USTs, unless otherwise
				approved by the Department.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 3 - Underground Storage Tank Regulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks (Adopted January 24, 1990; Amended September 28, 1995; Last Amended August 23, 2018) › Rule 11-5-3.7 - Testing

Current through June 25, 2024
A. The Department shall prepare examinations
				to determine an applicant's knowledge, ability, and judgment.
B. Applicants must meet all of the
				certification requirements within six (6) months from the date of receiving a
				passing score to receive certification. After six (6) months, an applicant must
				meet the requirements in Rule
				3.6 and Rule 3.7.
C. Examinations shall be held at places and
				times set by the Department.
D. An
				applicant who fails an examination must wait at least 30 days before being
				retested.
E. An applicant who
				fails three examinations within 12 months shall not be retested until at least
				one (1) year after the date of his last examination, unless otherwise approved
				by the Department.
Miss. Code Ann.
				  §§
										49-17-429,
				  49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 3 - Underground Storage Tank Regulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks (Adopted January 24, 1990; Amended September 28, 1995; Last Amended August 23, 2018) › Rule 11-5-3.8 - Certification

Current through June 25, 2024
A. The Department shall issue certification
				to applicants who meet all certification requirements.
B. Certifications for Installation
				Contractors, Permanent Closure Contractors, and UST Technicians shall be issued
				for a period of two (2) years.
C.
				Certifications for Certified Cathodic Protection Testers shall be issued for a
				period not to exceed their corresponding Department approved third party
				Cathodic Protection licensure.
D.
				A certified individual who changes employers must submit a revised
				certification application and meet the requirements in A.4, A.5, and A.6 in
				Rule
				3.6, before a revised certificate will
				be issued.
E. An individual
				certified to install alter UST systems will be considered to have met the
				requirements for classification as a certified UST Technician.
F. An individual certified to install, and
				alter UST systems before (date of implementation of regulations), will be
				classified as a Certified Cathodic Protection Tester for a period of 2 years.
				After (two years from date of implementation of regulations), the individual
				certified to install and alter UST systems must be certified by the Department
				as a Cathodic Protection Tester to test Cathodic Protection.
G. An individual certified by the Department
				as a "Certified Installation Contractor" or "Certified UST Technician" must
				maintain any applicable manufacture required certification and / or
				recertification of testing equipment, test procedure, installation methods or
				installation procedures.
Miss. Code Ann.
				  §§
										49-17-429,
				  49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 3 - Underground Storage Tank Regulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks (Adopted January 24, 1990; Amended September 28, 1995; Last Amended August 23, 2018) › Rule 11-5-3.9 - Certification Renewals

Current through June 25, 2024
Certificates issued by the Department as a Certified
				  Installation Contractor, Certified Permanent Closure Contractor, and Certified
				  UST Technician must be renewed every two (2) years. Certificates issued by the
				  Department as a Certified Cathodic Protection Tester must be renewed before the
				  date of expiration. An applicant for renewal must submit the following to the
				  Department prior to their certification expiration date:
A. a completed Certification Renewal
				Application provided by the Department;
B. proof that continuing education hours were
				taken during the current two-year certification period and meet the
				requirements found in Rule
				3.10, if applicable, and
C. proof that certifications in Rule
				3.8. G are current.
Miss. Code Ann.
				  §§
										49-17-429,
				  49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 3 - Underground Storage Tank Regulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks (Adopted January 24, 1990; Amended September 28, 1995; Last Amended August 23, 2018) › Rule 11-5-3.10 - Continuing Education

Current through June 25, 2024
A. Individuals
				certified to install, alter, test, and permanently close UST systems must
				receive at least sixteen (16) hours of related continuing education during the
				two (2) year certification period unless otherwise approved by the Department.
B. Individuals certified to only
				permanently close UST systems must receive at least eight (8) hours of related
				continuing education during the two (2) year certification period unless
				otherwise approved by the Department.
C. Individuals certified to only install,
				alter, and test UST systems must receive at least (8) hours of related
				continuing education during the two (2) year certification period unless
				otherwise approved by the Department.
D. Individuals certified to only test UST
				systems must receive at least eight (8) hours of related continuing education
				during the two (2) year certification period unless otherwise approved by the
				Department.
E. Individuals
				certified to only test Cathodic Protection Systems must be recertified by the
				Department approved third party before the date of expiration listed on the
				current certification issued by the Department.
F. Individuals will only receive credit for
				attending Department approved continuing education courses.
Miss. Code Ann.
				  §§
										49-17-429,
				  49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 3 - Underground Storage Tank Regulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks (Adopted January 24, 1990; Amended September 28, 1995; Last Amended August 23, 2018) › Rule 11-5-3.11 - Lapsed Certification

Current through June 25, 2024
If a Certified Installation Contractor, Permanent Closure
				  Contractor, UST Technician, or Cathodic Protection Tester wants to become
				  certified after their certification expires, they must meet all of the
				  certification requirements in:
A.
				Rule
				3.6 A.2 - A.6, and F, and if
				applicable, B, C, D, or E in Rule
				3.6,
B. Rule
				3.7 and
C. Rule
				3.8 G.,
unless otherwise approved by the Department.
Miss. Code Ann.
				  §§
										49-17-429,
				  49-2-9(1)(b),
				  49-17-17(i),
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 3 - Underground Storage Tank Regulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks (Adopted January 24, 1990; Amended September 28, 1995; Last Amended August 23, 2018) › Rule 11-5-3.12 - Revocation, Denial, and Non-renewal of Certificates

Current through June 25, 2024
The Commission may penalize, revoke any certificate, and
				  deny any application or renewal application for good cause. Good cause may
				  include, but is not limited to:
A.
				fraud or deception;
B. failure to
				use reasonable care or judgement in the performance of duties;
C. incompetence or inability to properly
				perform duties;
D. failure to
				follow provisions of Rule
				3.5;
E. failure to follow provisions of Rule
				3.6 A.4, and F; and
F. other reasons as the Commission may deem
				appropriate.
Miss. Code Ann.
				  §§
										49-17-429,
				  49-2-9(1)(b),
				  49-17-17(i),
				  49-17 401, et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 3 - Underground Storage Tank Regulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks (Adopted January 24, 1990; Amended September 28, 1995; Last Amended August 23, 2018) › Rule 11-5-3.13 - Enforcement and Appeals process

Current through June 25, 2024
A. Any interested
				party, including the Department, may request a hearing before the Commission as
				provided in Sections
				49-17-31,
				49-17-33,
				49-17-35,
				49-17-37,
				or
				49-17-41
				or other applicable provisions of law. Hearings may be requested regarding any
				of the provisions of these rules, including but not limited to:
(1) penalization of a certificate holder;
(2) revocation of a certificate;
(3) non-renewal of a certificate;
				and
(4) denial of an application
				for certification.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 3 - Underground Storage Tank Regulations for the Certification of Persons Who Install, Alter, Test, and Permanently Close Underground Storage Tanks (Adopted January 24, 1990; Amended September 28, 1995; Last Amended August 23, 2018) › Rule 11-5-3.14 - Property Rights

Current through June 25, 2024
A certification issued by the Department or Commission does
				  not convey any property rights in either real or personal property, or any
				  exclusive privileges, nor does it authorize any injury to private property or
				  any invasion of personal rights nor any infringement of federal, state, or
				  local law.
Miss. Code Ann.
				  §§
										49-17-429,
				  49-2-9(1)(b),
				  49-17-17(i),
				  49-17-31,
				  49-17-33,
				  49-17-35,
				  49-17-37,
				  49-17-41,
				  49-17-401,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 1 - Wastewater Permit Regulations › Rule 11-6-1.1.2 - Permit Applications

Current through June 25, 2024
A. Permits:
				  Applications, Filing Procedures and Requirements
(1) All applications for permits shall be on
				  forms prescribed by the Commission and/or the Permit Board. In addition to
				  those forms, the Department may require an applicant to provide a summary of
				  its compliance history and/or present evidence of its financial capability and
				  responsibility.
(2) A person
				  discharging waste from more than one location shall file a separate application
				  for each discharge location. A single application may be filed for multiple
				  outfalls discharging from a single location, provided the discharge from each
				  outfall is described separately in the application.
(3) The application shall be prepared in
				  accordance with the requirements set forth in
				  40
				  CFR 122.21 -.37, 122.44, 124.3(a) and (d) as
				  of the date the permit application is deemed complete, which are incorporated
				  herein and adopted by reference, and in accordance with these
				  regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 1 - Wastewater Permit Regulations › Rule 11-6-1.1.5 - Duration, Review and Reissuance, Transfer, Modification, Termination, Revocation, Enforcement and Property Rights

Current through June 25, 2024
A.
				  Duration of Permit
(1) The duration of an
				  NPDES permit shall be established in accordance with
				  40
				  CFR 122.46, which is incorporated herein and
				  adopted by reference. A State permit issued pursuant to the State law and this
				  regulation may be issued for a period not to exceed five years. A UIC permit
				  shall be issued for a term not to exceed ten years. A person who wishes to
				  continue to operate under a permit which expires shall apply for reissuance of
				  a permit pursuant to C. of this Rule.
(2) All State permits which have an
				  unspecified term or a term exceeding five years, shall be reevaluated and may
				  be modified and/or reissued for a period not to exceed five (5) years after the
				  date of modification and/or reissuance. Such State permits may be revoked
				  unless the permittee demonstrates all of the following:
(a) the wastewater treatment facility can
				  treat the amount of waste it was originally designed to treat,
(b) the wastewater treatment facility is not
				  accepting more waste than it was originally designed to treat,
(c) the terms and conditions of the permit
				  meet the current requirements of the Department, and
(d) the facility is in compliance with the
				  permit terms and conditions.
The Permit Board may establish a schedule for reevaluation,
					 modification and/or revocation of these permits.
(3) Permits are subject to modification,
				  revocation, and/or reissuance for cause at any time during the life of the
				  permit.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Rule 11-6-1.2.1 - Background

Current through June 25, 2024
The purpose of this rule is to set forth procedures for the
					 determination of limitations to protect the water quality of the State.
Section 303 of the Federal Act requires the State to
					 develop total maximum daily loads (TMDLs) for pollutants which will ensure the
					 attainment of water quality standards. Load allocations, wasteload allocations
					 and consequent effluent limitations will be developed consistent with the
					 requirements of Section 303 of the Federal Act and all other applicable State
					 statutes.
Miss. Code Ann.
					 §§
											49-2-1, et
					 seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Rule 11-6-1.2.2 - General Requirements

Current through June 25, 2024
A. Applicability
In addition to any technology based surface water effluent
					 limitations required under the provisions of Rule 1.1.1 of these regulations,
					 all activities and discharges shall also meet water quality based effluent
					 limitations where necessary to meet water quality standards.
(1) A water quality based effluent limitation
				  shall be determined by the Department in accordance with this chapter and shall
				  be based upon the characteristics of discharge, the receiving water
				  characteristics, the criteria and standards of the State's Water Quality
				  Criteria and any other information deemed necessary to protect water quality.
				  The applicant may be required to provide the necessary information. Requests
				  for zones of mixing and any previously approved zones of mixing will be taken
				  into consideration when determining WQBELs. In order for a zone of mixing to be
				  provided for any parameter, the applicant must provide the necessary
				  characteristics of the discharge either prior to or within a reasonable time
				  after the Department has made a request for this information from the
				  applicant.
(2) The Permit Board may
				  decide not to specify limits in permits required for the following:
(a) stationary installations created by
				  dredging and/or filling;
(b)
				  stationary installations for the discharge of drainage;
(c) stationary installations for which best
				  management practices are deemed appropriate; or
(d) any other activities the Permit Board
				  deems appropriate.
(3)
				  For the activities described in paragraph 2, an applicant shall provide the
				  Permit Board with reasonable assurance that the proposed discharge will comply
				  with water quality standards. Reasonable assurance may be based upon the
				  following:
(a) scientific studies which may
				  include mathematical water quality modeling and/or biological studies;
				  or
(b) proposed use of any
				  pollution control technique which assures compliance with water quality
				  standards.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Rule 11-6-1.2.3 - WQBEL Process

Current through June 25, 2024
A. Water Quality
				  Based Effluent Limits
The WQBEL process is a means of determining the available
					 assimilative capacity of a water body and setting WQBELs utilizing appropriate
					 procedures for simulation and prediction of water quality impacts. This process
					 will be used unless the Department determines there are adequate data to
					 support a determination that the receiving water body currently meets water
					 quality standards and will continue to meet water quality standards with the
					 discharge. Computer models utilized include those approved and supported by the
					 Commission and/or EPA. The methodologies used for the WQBEL process are found
					 in Exhibit A to this Subchapter and in Rule 1.2.4 of this chapter. In the event
					 the receiving water body's minimum flow value used for allocation purposes is
					 zero, permit limitations shall be modeled with the flow equal to the effluent
					 for conventional pollutants unless otherwise provided in these regulations. The
					 minimum CBOD model input for WQBEL permit limit determination will be
					 equivalent to the estimated background conditions for streams (2.0 CBODu) as
					 indicated in Exhibit A.I.J.2. The permittee may provide the necessary
					 scientific information to support a less stringent limit.
B. Modeling
Unless actual data or circumstances indicate otherwise,
					 computer modeling is suitable for developing effluent limitations in water
					 bodies for the cases that follow:
(1)
				  sanitary wastewater having an effluent CBOD5 limitation
				  of 30 mg/l to 45 mg/l and/or an effluent CBOD5
				  limitation as defined secondary or equivalent secondary requirements;
(2) sanitary wastewater having an effluent
				  CBOD5 limitation of less than 30 mg/l but greater than
				  or equal to 2 mg/l;
(3) all
				  effluent limits developed because of the threat of, or potential for, water
				  quality impacts due to toxicants;
(4) some oxygen demanding wastewaters, other
				  than sanitary wastewater, which are generated by industrial processes.
The State's specific conventional point source water
					 quality modeling and WLA criteria, including specific chlorine and ammonia
					 requirements, are located in Exhibit A to this Subchapter which is incorporated
					 herein and adopted by reference.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Rule 11-6-1.2.4 - Waters Difficult To Model

Current through June 25, 2024
A. Losing flow
				  streams.
Many losing flow streams can and should be modeled to
					 determine effluent limitations. Such models are only applicable to the point of
					 zero flow.
B. Lakes.
(1) Computerized and/or ecological type
				  models may be used, if appropriate and available.
(2) For existing discharges, current effluent
				  limits may be appropriate, if ambient water quality data indicate water quality
				  standards are met and no nuisance conditions associated with the discharge
				  exist.
(3) Nutrient budget models
				  may be used to determine if nutrient reductions are needed. Nutrient
				  contribution and abatement from both point and nonpoint sources shall be
				  considered.
(4) Discharges to
				  embayments and coves shall be evaluated on a case-by-case basis. However,
				  effluent limitations more stringent than TBEL may be required.
(5) Diffuser outfalls for discharges to the
				  main body of a lake may be required when needed to eliminate localized water
				  quality impacts.
(6) Permit
				  limitations for toxicants shall be determined based upon State, and/or EPA
				  recognized, procedures and best professional judgment in accordance with
				  applicable law.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Rule 11-6-1.2.5 - Special Cases

Current through June 25, 2024
A. Effluent
				  Channels.
(1) The standards set forth in the
				  State's Water Quality Standards do not apply to effluent channels.
(2) Water in effluent channels shall be
				  maintained at a quality which shall prevent the occurrence of offensive
				  conditions, protect public health, and allow (after mixing) maintenance of all
				  standards applicable to all downstream waters.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Rule 11-6-1.2.6 - Toxicity

Current through June 25, 2024
A. General
(1) Purpose and Scope. The purpose of this
				  rule is to set forth a realistic and cost effective procedure to screen,
				  evaluate and reduce toxicity of wastewater discharges. Additionally, the
				  procedures described herein are designed to ensure compliance with the Federal
				  Act.
(2) Summary of Procedure.
				  Mississippi uses a three-step approach to toxicity reduction. Step one involves
				  a detailed review of the permit application and any historical bioassay data
				  and the use of specific screening procedures. The purpose of this step is
				  twofold. First of all, the Department identifies the universe of those
				  facilities which have discharges which are potentially toxic in stream. The
				  Department screening procedures evaluate a discharge's potential acute,
				  chronic, and human health impact on the receiving stream. Secondly, the
				  Department determines whether the data in an application have been submitted in
				  strict adherence with EPA accepted analytical procedures with all of the
				  appropriate parameters reported.
The second step involves the development of permit limits
					 in accordance with accepted state and national water quality criteria for those
					 facilities exhibiting potential toxicity. Permit limits may take the form of
					 chemical specific and/or whole effluent toxicity based limits.
The third step in the process involves additional testing
					 and actual toxicity reduction for those facilities which fail any whole
					 effluent toxicity requirements included in their permits. Permits addressing
					 whole effluent toxicity have specific language requiring the permittee to
					 perform a Toxicity Reduction Evaluation (TRE) upon non-compliance with the
					 whole effluent toxicity limitations contained in the permit.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Rule 11-6-1.2.7 - Bibliography

Current through June 25, 2024
Exhibit "F" is attached hereto for reference only as a
					 bibliography. The documents contained in the bibliography are not incorporated
					 by reference. The Department may utilize any document duly promulgated through
					 the Federal Administrative Procedures Act and any other document which contains
					 scientifically defensible procedures.
Miss. Code Ann.
					 §§
											49-2-1, et
					 seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Exhibit 11-6-1-2-A to Chapter 1, Subchapters 1 and 2 - EMPIRICAL WATER BODY MODEL ASSUMPTIONS FOR CONVENTIONAL POLLUTANTS AND CONVENTIONAL WATER QUALITY MODELS

Current through June 25, 2024
I. EMPIRICAL
				  STREAM, LAKE, and ESTUARY MODEL ASSUMPTIONS FOR CONVENTIONAL POLLUTANTS
A. 7Q10 Flow Values
1. The 7Q10 flow in
				  unregulated, natural streams is to be determined from Low-flow and
				  Flow-Duration Characteristics of Mississippi Streams, U.S.G.S., Report 90-4087
				  (hereinafter "Report 90-4087") or the most recent update of this
				  publication.
2.
				  7Q10 value of a gage will be used directly if gaging
				  station is at or near the point of discharge.
3. 7Q10 flow
				  coefficients (7Q10 value in CFS/drainage area in square
				  miles) of a gaging station will be used to calculate a
				  7Q10 value for a point discharge if there is a gaging
				  station on the stream or on a nearby stream. An average
				  7Q10 flow coefficient may be used if there is more than
				  one nearby gaging station.
4.
				  7Q10 flow coefficients can be taken from Report 90-4087
				  if no gaging station is available. The value will be assumed to be in the
				  middle of the given range.
5. A
				  7Q10 flow coefficient of 0.0 cfs will be used for
				  intermittent streams or when the Report 90-4087 lists the
				  7Q10 flow coefficient as less than 0.01 cfs per square
				  mile.
6. The annual
				  7Q10 flow will be used for seasonal winter allocations,
				  unless data is available to determine seasonal or monthly
				  7Q10 flows.
7. Semi-annual, quarterly or monthly
				  7Q10 flows with their respective average maximum
				  temperatures may be used to determine various seasonal wasteload
				  allocations.
8. In regulated
				  streams the legally guaranteed minimum flow will be used for allocations unless
				  otherwise provided in these regulations.
9. Spatially distributed flow will be
				  included to account for flow gained at 7Q10 from sources
				  other than major tributaries.
10.
				  Spatial flow will be calculated between gaging stations if available.
11. Spatial flows will be determined by using
				  7Q10 flow coefficients where sufficient gaging stations
				  are not available.
12. Spatial flow
				  will be included at equal increments over the length of a given stream segment.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Exhibit 11-6-1-2-B to Chapter 1, Subchapters 1 and 2 - DISINFECTION REQUIREMENTS FOR SANITARY SEWAGE

Current through June 25, 2024
I. DISCHARGE TO
				  WATERS CLASSIFIED PUBLIC WATER SUPPLY.
Disinfection shall be required regardless of the quantity
					 of receiving water for discharges to or within close proximity, both in
					 distance and travel time, to public water supply waters.
II. DISCHARGES TO WATERS CLASSIFIED
				  RECREATION AND TO WATERS OF OTHER CLASSIFICATIONS WITH KNOWN RECREATIONAL
				  SITES.
Disinfection shall be required regardless of the quantity
					 of receiving water.
III.
				  DISCHARGES TO WATERS CLASSIFIED SHELLFISH HARVESTING.
1. Disinfection shall be required for
				  discharges to or within one tidal cycle of approved or conditionally approved
				  shellfish harvesting areas.
2.
				  Disinfection shall be required for discharges within close proximity to closed
				  shellfish harvesting areas, if, after mixing at the most unfavorable
				  hydrographic and pollutional conditions, the geometric mean concentration of
				  fecal coliform is expected to exceed 14 colonies per 100 ml.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Exhibit 11-6-1-2-C to Chapter 1, Subchapters 1 and 2 - VALUES OF RUNOFF COEFFICIENT C

Current through June 25, 2024
TYPE OF DRAINAGE AREA RUNOFF COEFFICIENT, C
LAWNS:
SANDY SOIL, FLAT 2%
0.05-0.10
SANDY SOIL, AVERAGE, 2-7%
0.10-0.15
SANDY SOIL, STEEP, 7%
0.15-0.20
HEAVY SOIL, FLAT, 2%
0.13-0.17
HEAVY SOIL, AVERAGE, 2-7%
0.18-0.22
HEAVY SOIL, STEEP, 7%
0.25-0.35
BUSINESS:
DOWNTOWN AREAS
0.70-0.95
NEIGHBORHOOD AREAS
0.50-0.70
RESIDENTIAL:
SINGLE FAMILY AREAS
0.30-0.50
MULTI UNITS, DETACHED
0.40-0.60
MULTI UNITS, ATTACHED
0.60-0.75
SUBURBAN
0.25-0.40
APARTMENT DWELLING AREAS
0.50-0.70
INDUSTRIAL:
LIGHT AREAS
0.50-0.80
HEAVY AREAS
0.60-0.90
PARKS, CEMETERIES
0.10-0.25
PLAYGROUNDS
0.20-0.35
RAILROAD YARD AREAS
0.20-0.40
UNIMPROVED AREAS
0.10-0.30
STREETS:
ASPHALTIC
0.70-0.95
CONCRETE
0.80-0.95
BRICK
0.70-0.85
DRIVES AND WALKS
0.75-0.85
ROOFS
0.75-0.95
SOURCE: CHOW, V.T. 1964 Handbook of Applied Hydrology,
					 McGraw Hill, Inc., New York, N.Y.
Calculation of Average Flow Rate:
Click Here To View
					 Image
Where:
AFR = Average Flow Rate in cu. ft./min
A = Area in acres
C = Runoff Coefficient
Rx = Runoff for area
TO = Total
					 Runoff
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 2 - Water Quality Based Effluent Limitations › Exhibit 11-6-1-2-G to Chapter 1, Subchapters 1 and 2 - TIER 3 NOMINATION DOCUMENTATION REQUIREMENTS

Current through June 25, 2024
The following information, documentation, and data shall be
					 provided to the Commission by any person nominating a water body for Tier 3 or
					 ONRW status:
1) A United States
				  Geological Survey 7.5 minute topographic map or its equivalent as approved by
				  the Commission showing those surface waters to be nominated including a
				  description consisting of a river mile index with any existing and proposed
				  discharge points;
2) Existing uses
				  and water quality data for the surface water for which the nomination is
				  proposed. If adequate data are unavailable, additional studies may be required
				  by the Commission;
3) Descriptions
				  of general land uses and specific land uses adjacent to the surface water for
				  which the nomination is proposed;
4) The existing and designated uses of the
				  water upstream and downstream of the proposed water body;
5) General physical characteristics of the
				  surface water including width, depth, bottom composition, and slope;
6) The frequency of occasions when there is
				  no natural flow in the surface water, and the 7Q10 and harmonic mean flow
				  values for the surface water and adjacent surface waters;
7) An assessment of the existing and
				  potential aquatic life habitat in the surface water under consideration and the
				  adjacent upstream surface waters. The existing aquatic life shall be documented
				  including the occurrence of individuals or populations, indices of diversity
				  and well-being, and abundance of species of any unique native biota;
8) A documented rationale as to why the water
				  qualifies for the nomination; and the rationale used to support the national
				  significance of the water;
9) A
				  listing of the types of persons, businesses, and organizations likely to be
				  impacted by the change in Tier designation. Current users, downstream users,
				  and potential future users of the water body and the surrounding land are the
				  types of persons, businesses and organizations likely to be impacted by the
				  change in designation. Those potentially impacted include cities, townships,
				  permit holders, environmental organizations, and recreational users.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Rule 11-6-1.3.2 - Applications

Current through June 25, 2024
A. The application for certification shall be
				  the public notice issued by the Federal permitting or licensing agency. The
				  date of receipt of the public notice will be considered the date of application
				  for certification if the application is deemed complete by the Department. To
				  be deemed complete by the Department, all applications for certification shall
				  at a minimum contain the information that follows:
(1) the name, address, phone numbers,
				  principal place of business of the applicant and, if applicable, the name and
				  address of the agent for the applicant;
(2) a complete description of the proposed
				  activity, including the location, adjacent water body(s), purpose and intent of
				  the project, maps, drawings, and plans (detailed engineering plans and
				  specifications are not required);
(3) a description of all proposed discharges
				  and/or other activities associated with the proposed activity, including
				  planned or proposed future development by the applicant;
(4) a description of the composition, source,
				  and quantity of any material to be dredged or used as fill and a description of
				  the area to be impacted;
(5) the
				  method of dredging or filling and specific plans for disposal and control of
				  dredge spoils; and
(6) the names
				  and addresses of adjacent property owners.
Potential applicants are encouraged to contact the
					 Department prior to submitting an application.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Rule 11-6-1.3.3 - Public Notice and Public Hearing

Current through June 25, 2024
A. Public Notice.
				  Public notice of all applications for § 401 certification is required.
				  Public notice may be accomplished through either a joint public notice between
				  the federal and/or state agency and the Department or a public notice by the
				  applicant at his expense.
(1) Joint public
				  notice procedures with federal or state agencies are normally used to
				  facilitate processing.
(2) If a
				  joint public notice procedure is not implemented, public notice shall be
				  accomplished by publication by the applicant in a newspaper having general
				  circulation in the area in which the activity is proposed or throughout the
				  State. The Department shall provide the applicant with the format for
				  publication.
(3) The public notice
				  of the application for certification shall provide a reasonable period of time,
				  normally at least 30 days from the date of notice, within which interested
				  persons may submit to the Department their comments and information concerning
				  the certification application.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Rule 11-6-1.3.4 - Scope of Review for Application Decisions

Current through June 25, 2024
A.
				  Factors. The factors related to the construction and operations of the activity
				  which must be addressed by the applicant and will be considered in determining
				  certification action are as follows:
(1)
				  feasible alternatives to the activity;
(2) mitigation;
(3) initial and secondary impacts on all
				  existing and all classified uses of the waters of the State;
(4) degree of compliance of the proposed
				  activity with the State of Mississippi Water Quality Criteria for Intrastate,
				  Interstate, and Coastal Waters;
(5)
				  degree of physical, chemical, and biological impacts on waters of the
				  State;
(6) the effect on
				  circulation patterns and water movement on waters of the State;
(7) degree of alteration of the aquatic
				  ecosystem;
(8) degree of
				  consistency with approved water quality management plans adopted by the
				  Commission;
(9) storm water
				  management;
(10) compliance history
				  of the applicant; and
(11) any
				  other factors deemed to be necessary by the Department to protect water
				  quality.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Rule 11-6-1.3.5 - Enforcement of Certification Decisions and Conditions

Current through June 25, 2024
A. Any
				  certification shall set forth any effluent limitations, other limitations, and
				  monitoring requirements necessary to assure that any applicant for a Federal
				  license or permit will comply with any applicable effluent limitations and
				  other limitations under 33 U. S. C. §§ 1311 or 1312, standard of
				  performance under 33 U. S. C. § 1316 or prohibition, effluent standard, or
				  pretreatment standard under 33 U. S. C. § 1317, and with any other
				  appropriate requirement of State law set forth in such certification. A
				  certification condition becomes a condition of the Federal license or permit.
				  For purposes of Miss. Code Ann. §
										49-17-43, a
				  violation of a certification condition is deemed a violation of a permit issued
				  by the Permit Board.
B.
				  Certification conditions are subject to enforcement proceedings available to
				  the federal agency issuing the permit or license. Other proceedings under State
				  law, including modification and/or revocation and/or suspension of
				  certification and enforcement actions pursuant to Miss. Code Ann. §
										49-17-43,
				  may also be used to correct or prevent adverse water quality impacts resulting
				  from construction or operation of activities for which certification has been
				  issued.
C. The Department may
				  conduct inspections for determining compliance with certification
				  conditions.
D. Nothing in these
				  regulations shall be construed to limit the authority of any department or
				  agency pursuant to any other provision of law to require compliance with any
				  applicable water quality requirements.
Miss. Code Ann.
					 §§
											49-2-1, et
					 seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › Chapter 1 - Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification › Subchapter 3 - Water Quality Certification of Activities Requiring Federal Licenses or Permits › Rule 11-6-1.3.6 - Review and Appeals

Current through June 25, 2024
A. Review of
				  Certification Denial through Informal Review and Formal Hearings.
(1) Prior to the denial of an application for
				  certification, the Department shall issue a notice of intent to deny
				  certification to the applicant. Upon receipt of the notice of intent to deny,
				  the applicant is encouraged immediately to contact the Department for further
				  discussions regarding the application for certification.
(2) Within thirty days after the date the
				  Department denies and/or revokes certification, an applicant may file a written
				  request for an informal review with the Department. The Department shall fix
				  the time and place of such informal review and shall notify the applicant
				  thereof.
(3) Within thirty days
				  after (1) the date the Department denies certification or (2) the date of the
				  informal review in which the Department makes a decision to continue to deny
				  certification, the applicant may file a written request for a formal hearing
				  before the Permit Board. The request shall set forth grounds for the hearing
				  request and be made in accordance with Miss. Code Ann §
											49-17-29(4)(b).
(4) If an initial decision to deny the
				  application is made by the Permit Board instead of by the Department, the
				  applicant may request a formal hearing before the Permit Board pursuant to
				  Miss. Code Ann. §
											49-17-29(b).