Mississippi Department of Environmental Quality; amend certain sections concerning.

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To: Environment Prot, Cons
and Water Res
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Rhodes

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2415

AN ACT TO AMEND SECTION 49-17-29, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE HEARINGS PERTAINING TO PERMITS FOR COMMERCIAL 2
HAZARDOUS WASTE MANAGEMENT FACILITIES AND SOLID WASTE MANAGEMENT 3
PERMITS FOR COMMERCIAL MUNICIPAL SOLID WASTE LANDFILLS OR 4
INCINERATORS TO BE HELD, AT THE DISCRETION OF THE MISSISSIPPI 5
ENVIRONMENTAL QUALITY PERMIT BOARD, IN HINDS COUNTY, WITHIN THE 6
COUNTY OR MUNICIPALITY IN WHICH THE PERMIT IS REQUIRED, OR VIA AN 7
ONLINE PLATFORM ACCESSIBLE TO THE PUBLIC; TO AMEND SECTION 8
49-35-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXECUTIVE 9
DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY TO 10
ISSUE ALL ORDERS REQUIRED UNDER THE MISSISSIPPI BROWNFIELDS 11
VOLUNTARY CLEANUP AND REDEVELOPMENT ACT; TO AMEND SECTION 51-3-9, 12
MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT NOTICE BE 13
SENT BY CERTIFIED MAIL TO REDUCE THE COSTS ASSOCIATED WITH 14
NOTIFYING PERMIT HOLDERS OF PERMIT EXPIRATION; TO AMEND SECTION 15
51-3-31, MISSISSIPPI CODE OF 1972, TO ELIMINATE THE PERMIT 16
APPLICATION FEE; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 49-17-29, Mississippi Code of 1972, is 19
amended as follows: 20
49-17-29. (1) (a) Except as in compliance with paragraph 21
(b) of this subsection, it is unlawful for any person to cause 22
pollution of the air in the state or to place or cause to be 23
placed any wastes or other products or substances in a location 24
where they are likely to cause pollution of the air. It is also 25
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unlawful to discharge any wastes, products or substances into the 26
air of the state which exceed standards of performance, hazardous 27
air pollutant standards, other emission standards set by the 28
commission, or which reduce the quality of the air below the air 29
quality standards or increments established by the commission or 30
prevent attainment or maintenance of those air quality standards. 31
Any such action is hereby declared to be a public nuisance. 32
(b) It is unlawful for any person to build, erect, 33
alter, replace, use or operate any equipment which will cause the 34
issuance of air contaminants unless that person holds a permit 35
from the Permit Board (except repairs or maintenance of equipment 36
for which a permit has been previously issued), or unless that 37
person is exempted from holding a permit by a regulation 38
promulgated by the commission. Concentrated animal feeding 39
operations may be a source or a category of sources exempted under 40
this paragraph. However, no new or existing applications relating 41
to swine concentrated animal feeding operations within a county 42
shall be exempted from regulations and ordinances which have been 43
duly passed by the county's board of supervisors and which are in 44
force on June 1, 1998. 45
(2) (a) Except as in compliance with paragraph (b) of this 46
subsection, it is unlawful for any person to cause pollution of 47
any waters of the state or to place or cause to be placed any 48
wastes in a location where they are likely to cause pollution of 49
any waters of the state. It is also unlawful to discharge any 50
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wastes into any waters of the state which reduce the quality of 51
those waters below the water quality standards established by the 52
commission; or to violate any applicable pretreatment standards or 53
limitations, technology-based effluent limitations, toxic 54
standards or any other limitations established by the commission. 55
Any such action is declared to be a public nuisance. 56
(b) It is unlawful for any person to carry on any of 57
the following activities, unless that person holds a current 58
permit for that activity from the Permit Board as may be required 59
for the disposal of all wastes which are or may be discharged into 60
the waters of the state, or unless that person is exempted from 61
holding a permit by a regulation promulgated by the commission: 62
(i) the construction, installation, modification or operation of 63
any disposal system or part thereof or any extension or addition 64
thereto, including, but not limited to, systems serving 65
agricultural operations; (ii) the increase in volume or strength 66
of any wastes in excess of the permissive discharges specified 67
under any existing permit; (iii) the construction, installation or 68
operation of any industrial, commercial or other establishment, 69
including irrigation projects or any extension or modification 70
thereof or addition thereto, the operation of which would cause an 71
increase in the discharge of wastes into the waters of the state 72
or would otherwise alter the physical, chemical or biological 73
properties of any waters of the state in any manner not already 74
lawfully authorized; (iv) the construction or use of any new 75
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outlet for the discharge of any wastes into the waters of the 76
state. However, no new or existing applications relating to swine 77
concentrated animal feeding operations within a county shall be 78
exempted from regulations and ordinances which have been duly 79
passed by the county's board of supervisors and which are in force 80
on June 1, 1998. 81
(3) (a) Except as otherwise provided in this section, the 82
Permit Board created by Section 49-17-28 shall be the exclusive 83
administrative body to make decisions on permit issuance, 84
reissuance, denial, modification or revocation of air pollution 85
control and water pollution control permits and permits required 86
under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 87
17), and all other permits within the jurisdiction of the Permit 88
Board. After consideration of alternative waste treatment 89
technologies available to control air and water pollution and 90
odor, including appropriate siting criteria, the commission may 91
promulgate regulations establishing conditions, limitations and 92
exemptions under which the Permit Board shall make these 93
decisions. Regulations promulgated by the commission which 94
establish exemptions as authorized under this section shall apply 95
to any applicable facility in operation on the effective date of 96
that regulation and to any applicable facility constructed or 97
operated after the effective date of that regulation. The Permit 98
Board may issue multiple permits for the same facility or 99
operation simultaneously or in the sequence that it deems 100
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appropriate consistent with the commission's regulations. Except 101
as otherwise provided in this paragraph, the Permit Board, under 102
any conditions that the board may prescribe, may authorize the 103
Executive Director of the Department of Environmental Quality to 104
make decisions on permit issuance, reissuance, denial, 105
modification or revocation. The executive director shall not be 106
authorized to make decisions on permit issuance, reissuance, 107
denial, modification or revocation for a commercial hazardous 108
waste management facility or a solid waste management permit for a 109
municipal solid waste landfill or incinerator. A decision by the 110
executive director shall be a decision of the Permit Board and 111
shall be subject to formal hearing and appeal as provided in this 112
section. The executive director shall report all permit decisions 113
to the Permit Board at its next regularly scheduled meeting and 114
those decisions shall be recorded in the minutes of the Permit 115
Board. The decisions of the Permit Board shall be recorded in 116
minutes of the Permit Board and shall be kept separate and apart 117
from the minutes of the commission. The decision of the Permit 118
Board or the executive director to issue, reissue, deny, modify or 119
revoke permits shall not be construed to be an order or other 120
action of the commission. 121
(b) The Executive Director of the Department of 122
Environmental Quality shall also be the Executive Director of the 123
Permit Board and shall have available to him, as Executive 124
Director of the Permit Board, all resources and personnel 125
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otherwise available to him as executive director of the 126
department. 127
(c) All persons required to obtain an air pollution 128
control or water pollution control permit, a permit under the 129
Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any 130
other permit within the jurisdiction of the Permit Board shall 131
make application for that permit with the Permit Board. The 132
Permit Board, under any regulations as the commission may 133
prescribe, may require the submission of those plans, 134
specifications and other information as it deems necessary to 135
carry out Sections 49-17-1 through 49-17-43 and Title 17, Chapter 136
17, or to carry out the commission's regulations adopted under 137
those sections. The Permit Board, based upon any information as 138
it deems relevant, shall issue, reissue, deny, modify or revoke 139
air pollution control or water pollution control permit or permits 140
required under the Solid Wastes Disposal Law of 1974 (Title 17, 141
Chapter 17) or any other permit within the jurisdiction of the 142
Permit Board under any conditions as it deems necessary that are 143
consistent with the commission's regulations. The Permit Board's 144
action of issuance, reissuance, denial, modification or revocation 145
of a permit as recorded in its minutes shall constitute a complete 146
decision of the board. All permits issued by the Permit Board 147
shall remain in full force and effect until the board makes a 148
final determination regarding any reissuance, modification, or 149
revocation thereof. The Permit Board shall take action upon an 150
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application within one hundred eighty (180) days following its 151
receipt in the board's principal office. No action which affects 152
revocation of an existing permit shall take effect until the 153
thirty (30) days mentioned in * * * subsection (4)(b) of this 154
section has expired or until a formal hearing as prescribed in 155
that paragraph is held, whichever is later. 156
(d) The Permit Board may adopt rules of practice and 157
procedure governing its proceedings that are consistent with the 158
commission's regulations. All hearings in connection with permits 159
issued, reissued, denied, modified or revoked and all appeals from 160
decisions of the Permit Board shall be as provided in this 161
section. 162
(e) Upon any conditions that are consistent with the 163
commission's regulations and subject to those procedures for 164
public notice and hearings as provided by law, not inconsistent 165
with federal law and regulations, the Permit Board may issue 166
general permits and, where appropriate, may consolidate multiple 167
permits for the same facility or operation into a single permit. 168
(f) The Permit Board shall not issue any permit for a 169
new swine concentrated animal feeding operation or the expansion 170
of an existing swine concentrated animal feeding operation before 171
January 1, 2000, unless the department received the application 172
for that operation's new or modified permit before February 28, 173
1998, or except as provided in this paragraph (f). In issuing or 174
modifying any permit for which the department received an 175
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application before February 28, 1998, the Permit Board shall apply 176
those siting criteria adopted or used by the commission before 177
February 28, 1998, unless federal law or regulations require more 178
stringent criteria. The moratorium established in this paragraph 179
shall not apply to the issuance of any permit for a new swine 180
concentrated animal feeding operation or the expansion of an 181
existing swine concentrated animal feeding operation that uses an 182
animal waste management system which the applicant demonstrates to 183
the Permit Board is innovative in significantly reducing the 184
effects of the operation on the public health, welfare or the 185
environment and which is approved by the Permit Board. The Permit 186
Board shall not issue or modify more than five (5) permits under 187
this innovative animal waste management system technology 188
exemption to the moratorium. 189
(g) Each applicant for a permit for a new outlet for 190
the discharge of wastes into the waters of the state who is 191
required to obtain a certificate of public convenience and 192
necessity from the Public Service Commission for such wastewater 193
system shall submit financial and managerial information as 194
required by the Public Utilities Staff. Following review of that 195
information, the Executive Director of the Public Utilities Staff 196
shall certify in writing to the executive director of the 197
department, the financial and managerial viability of the system 198
if the Executive Director of the Public Utilities Staff determines 199
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the system is viable. The Permit Board shall not issue the permit 200
until the certification is received. 201
(4) (a) Except as required by this section, before the 202
issuance, reissuance, denial, modification or revocation of any 203
air pollution control or water pollution control permit, permit 204
required under the Solid Wastes Disposal Law of 1974 (Title 17, 205
Chapter 17) or any other permit within its jurisdiction, the 206
Permit Board, in its discretion, may hold a public hearing or 207
meeting to obtain comments from the public on its proposed action. 208
Before the issuance, reissuance, denial, modification pertaining 209
to the expansion of a facility, transfer or revocation of a permit 210
for a commercial hazardous waste management facility or a solid 211
waste management permit for a commercial municipal solid waste 212
landfill or incinerator, the Permit Board shall conduct a public 213
hearing or meeting to obtain comments from the public on the 214
proposed action. That hearing or meeting shall be informal in 215
nature and conducted under those procedures as the Permit Board 216
may deem appropriate consistent with the commission's regulations. 217
At the discretion of the Department of Environmental Quality, the 218
Permit Board may host such hearing or meeting in Hinds County, 219
within the county or municipality in which the permit is required 220
or via an online platform accessible to the public. 221
(b) Within thirty (30) days after the date the Permit 222
Board takes action upon permit issuance, reissuance, denial, 223
modification or revocation, as recorded in the minutes of the 224
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Permit Board, any interested party aggrieved by that action may 225
file a written request for a formal hearing before the Permit 226
Board. An interested party is any person claiming an interest 227
relating to the property or project which is the subject of the 228
permit action, and who is so situated that the person may be 229
affected by the disposition of that action. 230
The Permit Board shall fix the time and place of the formal 231
hearing and shall notify the permittee of that time and place. 232
In conducting the formal hearing, the Permit Board shall have 233
the same full powers as to subpoenaing witnesses, administering 234
oaths, examining witnesses under oath and conducting the hearing, 235
as is now vested by law in the Mississippi Public Service 236
Commission, as to the hearings before it, with the additional 237
power that the Executive Director of the Permit Board may issue 238
all subpoenas at the instance of the Permit Board or at the 239
instance of any interested party. Any subpoenas shall be served 240
by any lawful officer in any county to whom the subpoena is 241
directed and return made thereon as provided by law, with the cost 242
of service being paid by the party on whose behalf the subpoena 243
was issued. Witnesses summoned to appear at the hearing shall be 244
entitled to the same per diem and mileage as witnesses attending 245
the circuit court and shall be paid by the person on whose behalf 246
the witness was called. Sufficient sureties for the cost of 247
service of the subpoena and witness fees shall be filed with the 248
Executive Director of the Permit Board at the time that issuance 249
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of the subpoena is requested. At a hearing, any interested party 250
may present witnesses and submit evidence and cross-examine 251
witnesses. 252
The Permit Board may designate a hearing officer to conduct 253
the formal hearing on all or any part of the issues on behalf of 254
the Permit Board. The hearing officer shall prepare the record of 255
the formal hearing conducted by that officer for the Permit Board 256
and shall submit the record to the Permit Board. 257
Upon conclusion of the formal hearing, the Permit Board shall 258
enter in its minutes the board's decision affirming, modifying or 259
reversing its prior decision to issue, reissue, deny, modify or 260
revoke a permit. The Permit Board shall prepare and record in its 261
minutes findings of fact and conclusions of law supporting its 262
decision. That decision, as recorded in its minutes with its 263
findings of fact and conclusions of law, shall be final unless an 264
appeal, as provided in this section, is taken to chancery court 265
within twenty (20) days following the date the decision is entered 266
in the board's minutes. 267
(c) Within twenty (20) days after the date the Permit 268
Board takes action upon permit issuance, reissuance, denial, 269
modification or revocation after a formal hearing under this 270
subsection as recorded in the minutes of the Permit Board, any 271
person aggrieved of that action may appeal the action as provided 272
in subsection (5) of this section. 273
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(5) (a) Appeals from any decision or action of the Permit 274
Board shall be only to chancery court as provided in this 275
subsection. 276
(b) Any person who is aggrieved by any decision of the 277
Permit Board issuing, reissuing, denying, revoking or modifying a 278
permit after a formal hearing may appeal that decision within the 279
period specified in subsection (4)(c) of this section to the 280
chancery court of the county of the situs in whole or in part of 281
the subject matter. The appellant shall give a cost bond with 282
sufficient sureties, payable to the state in the sum of not less 283
than One Hundred Dollars ($100.00) nor more than Five Hundred 284
Dollars ($500.00), to be fixed by the Permit Board and to be filed 285
with and approved by the Executive Director of the Permit Board, 286
who shall forthwith certify the filing of the bond together with a 287
certified copy of the record of the Permit Board in the matter to 288
the chancery court to which the appeal is taken, which shall 289
thereupon become the record of the cause. An appeal to the 290
chancery court as provided in this section shall not stay the 291
decision of the Permit Board. The aggrieved party may, within 292
twenty (20) days following the date the board's decision after a 293
formal hearing is entered on the board's minutes, petition the 294
chancery court for an appeal with supersedeas and the chancellor 295
shall grant a hearing on that petition. Upon good cause shown, 296
the chancellor may grant that appeal with supersedeas. If 297
granted, the appellant shall be required to post a bond with 298
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sufficient sureties according to law in an amount to be determined 299
by the chancellor. Appeals shall be considered only upon the 300
record as made before the Permit Board. The chancery court shall 301
always be deemed open for hearing of an appeal and the chancellor 302
may hear the same in termtime or in vacation at any place in the 303
chancellor's district, and the appeal shall have precedence over 304
all civil cases, except election contests. The chancery court 305
shall review all questions of law and of fact. If no prejudicial 306
error is found, the matter shall be affirmed. If prejudicial 307
error is found the decision of the board shall be reversed and the 308
chancery court shall remand the matter to the Permit Board for 309
appropriate action as may be indicated or necessary under the 310
circumstances. Appeals may be taken from the chancery court to 311
the Supreme Court in the manner as now required by law, except 312
that if a supersedeas is desired by the party appealing to the 313
chancery court, that party may apply for a supersedeas to the 314
chancellor of that court, who shall award a writ of supersedeas, 315
without additional bond, if in the chancellor's judgment material 316
damage is not likely to result thereby; but otherwise, the 317
chancellor shall require a supersedeas bond as the chancellor 318
deems proper, which shall be liable to the state for any damage. 319
SECTION 2. Section 49-35-11, Mississippi Code of 1972, is 320
amended as follows: 321
49-35-11. (1) If the commission finds that the proposed 322
brownfield agreement complies with this article and regulations, 323
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the commission, by order, shall approve the proposed brownfield 324
agreement. After approval of the brownfield agreement, the 325
executive director and the brownfield party shall execute the 326
brownfield agreement. 327
(2) The commission may enter into a brownfield agreement as 328
proposed by the department or may modify that agreement before 329
entering into it. The commission subsequently may modify any 330
brownfield agreement by entry of an order. The commission orders 331
issued under this article shall be reviewable as provided in 332
Section 49-17-41. The commission may disapprove a proposed 333
brownfield agreement or decline to enter into a brownfield 334
agreement by entry of an order. In the order, the commission shall 335
state the reasons for disapproval of the agreement or declining to 336
enter into the agreement. 337
(3) Until the executive director issues a "no further 338
action" letter under Section 49-35-15, approval from the 339
commission shall be required for any sale, conveyance or other 340
change in surface ownership of any portion of the brownfield 341
agreement site owned by the brownfield party desiring to make the 342
change in ownership, if the new surface owner will perform any 343
obligations under the brownfield agreement. That brownfield party 344
and the new surface owner jointly shall provide information 345
satisfactory to the commission that the new surface owner has the 346
financial, managerial and technical resources to complete 347
performance of the brownfield agreement obligations to be 348
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transferred and that the new surface owner agrees to complete this 349
performance. If the commission determines that the new surface 350
owner has the financial, managerial, and technical resources to 351
complete this performance and has agreed to do so, the commission 352
shall issue an order approving the transfer. 353
(4) * * * The commission, under any conditions it may 354
prescribe, may authorize the executive director to issue any 355
orders required under this article. The executive director shall 356
report any orders he or she issues under this subsection (4). A 357
decision by the executive director shall be a decision of the 358
commission and shall be reviewable as provided under Section 359
49-17-41. 360
SECTION 3. Section 51-3-9, Mississippi Code of 1972, is 361
amended as follows: 362
51-3-9. (1) No permit for water use shall be issued for a 363
period longer than ten (10) years. The right to use of water 364
granted by the permit shall automatically terminate upon the 365
passage of the tenth anniversary date of the permit unless there 366
is pending before the board an application for another water 367
permit which includes the use of the same water permitted under 368
the expiring permit. Six (6) months prior to the tenth 369
anniversary date of such permit, the board shall give actual 370
written notice * * * to the permit holder informing him that such 371
permit shall be automatically terminated upon its expiration 372
unless such permit holder has made an application for another 373
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water permit as described in this subsection. The permit shall be 374
reissued to the permit holder unless his continued use is found to 375
be contrary to the public interest. 376
(2) Notwithstanding the foregoing provision, the board may 377
grant to a municipality, county or other governmental subdivision, 378
a public utility or a publicly regulated utility, a permit to use 379
water for a duration sufficient to amortize the initial capital 380
investment of such permittee in water-related equipment. 381
(3) The board may modify, terminate or decline to reissue a 382
permit upon a showing of good cause, after affording the permittee 383
involved an opportunity for a hearing at which the permittee shall 384
be entitled to be represented by legal counsel and call witnesses 385
and present evidence on his behalf. 386
(4) The board shall issue to any person filing a notice of 387
claim to previously existing rights as provided in Section 51-3-5 388
a permit which reflects such person's rights. However, such 389
person, on or before the tenth anniversary date of the permit so 390
issued by the board, shall file an application to renew such 391
permit or the rights thereunder to the use of water shall 392
automatically terminate upon the expiration of the permit. This 393
decennial filing requirement shall also apply thereafter to each 394
renewed permit. 395
SECTION 4. Section 51-3-31, Mississippi Code of 1972, is 396
amended as follows: 397
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ST: Mississippi Department of Environmental
Quality; amend certain sections concerning.
51-3-31. Any person desiring to use water for a beneficial 398
purpose shall apply to the board for a permit for such use on a 399
form prescribed by the board for such purpose. * * * Said 400
application shall provide such information as deemed appropriate 401
by the board to its decision to issue such permit. 402
* * * 403
SECTION 5. This act shall take effect and be in force from 404
and after July 1, 2026. 405