Notice of Public Hearing
Mississippi Environmental Quality Permit Board
P. O. Box 2261
Jackson, MS 39225
Telephone No. (601) 961-5171

Public Notice Start Date: August 22, 2019	MDEQ Contact: Trent Jones
Public Notice End Date: September 26, 2019
Extended Public Notice End Date: October 28, 2019*

NCL Waste, LLC, has submitted environmental permit applications to the Mississippi Department of Environmental Quality (MDEQ) for the proposed development and operation of a new municipal solid waste landfill located at 2858 North County Line Road near Ridgeland, MS. The applications submitted to MDEQ were for the following permits: a solid waste management permit for the operation of the proposed municipal solid waste landfill; a National Pollutant Discharge Elimination System (NPDES) permit for storm water runoff; a wastewater pretreatment permit for the discharge of leachate to a permitted wastewater treatment facility;  an Air Permit to Construct air emission equipment; a Title V air permit for the operation of air emission equipment; and a water quality certification regarding impacts to waters of the state and wetlands. The MDEQ has developed draft permits for the proposed municipal solid waste landfill operations based on our review of the applications and supporting information and is soliciting public comment on the draft permits. As part of the opportunity for public engagement and public comment on the draft permits, MDEQ will hold a Public Information Session followed by a Public Hearing at Tougaloo College (500 West County Line Road, Tougaloo, MS 39174) in the Holmes Hall Auditorium. Holmes Hall is located on Tougaloo Boulevard (main entrance road) on the northern end of campus with parking on the north side of the building.  The informal information session will begin at 6:00 PM followed by the formal Public Hearing to receive comments on the project at 7:00 PM on Thursday, September 26, 2019.
The MDEQ, as the staff of the Permit Board, has developed these draft permits based on our review of the information submitted by the applicant to the MDEQ and information from other State and Federal agencies with jurisdiction over the project. A copy of these draft permits may be found on the MDEQ website at: http://opc.deq.state.ms.us/publicnotice.aspx. The available information also includes “statement of basis” documents that contain information on the proposed landfill project and development of the draft permits. Additional documents and information may also be found on the MDEQ Online Public Hearing link at http://opc.deq.state.ms.us/publichearingheader.aspx. 
The draft permits that are the subject of this public comment notice are described below: 
1.	Solid Waste Management Permit (Solid Waste Ref. No. SW0450010579) - The proposed solid waste permit would authorize the construction and operation of a new municipal solid waste landfill to accept and dispose of various nonhazardous solid wastes from residential, commercial, industrial, institutional and other sources from within an approved service area. The proposed landfill disposal area is approximately 89 acres within a total property area of approximately 166 acres. The proposed landfill would be located at 2858 North County Line Road near Ridgeland, MS.
2.	NPDES Storm Water Permit (Water Ref. No. MSS062332) – The proposed storm water permit coverage will require that all storm water at the site (water that has not contacted the waste) must be managed to limit the environmental effects. The applicant is proposing three (3) storm water outfalls. Outfall 001 will capture storm water runoff from 60 acres and Outfall 002 will capture storm water runoff from 56 acres, both outfalls propose to discharge into an unnamed tributary of Bogue Chitto Creek. Outfall 003 will capture storm water runoff from 50 acres and is proposed to discharge into an unnamed tributary of Limekiln Creek. 
3.	Water Pretreatment Permit (Water Permit Ref. No. MSP092399) – The proposed pretreatment permit would authorize the discharge of landfill leachate wastewater to the City of Jackson’s Publicly Owned Treatment Works (POTW) on Savanna Street.  A daily maximum flowrate of 55,000 gallons per day of process wastewater is allowed to be discharged to the POTW under the proposed permit.
4.	Air Permit to Construct (Air Ref. No. 1720-00088) - The proposed air permit to construct is required by state regulation 11 Miss. Admin. Code Pt. 2, Ch. 2. The proposed landfill is subject to New Source Performance Standard (NSPS), 40 CFR Part 60, Subpart XXX – Standards of Performance for Municipal Solid Waste Landfills due to the landfill’s design capacity. 
5.	Title V Air Permit to Operate. (Air Ref. No. 1720-00088) -  The proposed Title V Air Operating permit would authorize the operation of Air Emissions Control Equipment associated with the landfill operations. The Title V Permit to Operate is a permit that is required by Title V of the Federal Clean Air Act and the Mississippi Air and Water Pollution Control Law. The Title V permit is a Federally-enforceable permit as well as a State permit.  Therefore, the U.S. Environmental Protection Agency (EPA) will be allowed an opportunity to review the application, the proposed Title V permit, and all comments received during the public comment period prior to Permit Board action on the Title V application. EPA has agreed to treat this draft Title V permit as a proposed permit and to perform its 45-day review concurrently with the public notice period, as long as no public comments are received within the 30-day public notice period on the draft Title V permit.  If comments are received on the draft Title V permit, EPA’s 45-day review period will cease to be performed concurrently with the MDEQ public notice period.  EPA’s 45-day review period will start once the public notice period has been completed and EPA receives notification from MDEQ that comments have been received and resolved.  Whether EPA’s 45-day review period is performed concurrently with the public comment period or after the public comment period has ended, the deadline for citizen’s petitions to the EPA Administrator will be determined as if EPA’s 45-day review period is performed after the public comment period has ended.  The status regarding EPA’s 45-day review of this project and the deadline for citizen petitions can be found at the following website address:  https://www.epa.gov/caa-permitting/mississippi-proposed-title-v-permits.  
6.	Clean Water Action Section 401 Water Quality Certification (Ref No. WQC20180029) - The proposed water quality certification would allow the project to clear and fill 1.58 acres of wetlands, 2 acres of open water, and 1,300 feet of intermittent stream and to re-route 2,629 linear feet of intermittent stream. The water quality certification has been requested by the applicant to comply with the applicable requirements set forth in 33 U.S.C. and 1341 (a)(l) of the Clean Water Act and all State laws and regulations promulgated pursuant thereto. The applicant has proposed a wetlands mitigation plan that would include the purchase of credits from an approved wetland and stream mitigation bank.  
The MDEQ is soliciting comments from the public on the draft permits to ensure that the final staff recommendation on the draft permits fully complies with all applicable State and Federal regulations. Public input on the draft permits and supporting documentation is an important element in the staff evaluation and resulting recommendation to the Permit Board. The draft permit conditions have been developed to ensure compliance with all State and Federal regulations but are subject to change based on information received through public comments.  
Persons wishing to comment on or object to the draft permits are invited to submit comments either through attending the public hearing or by submitting comments in writing to Mr. Trent Jones at the Permit Board's address shown above or by email to tjones@mdeq.ms.gov, no later than October 28, 2019*, the end of public comment period. All comments received from the public by this date will be reviewed and considered in the final determinations regarding the draft permits. Comments relative to zoning or land use are generally within the jurisdiction of local zoning and planning authorities and should be addressed to these local agencies. 
The informal public information session is being hosted prior to the Public Hearing. The information session will start at 6:00 PM on Thursday, September 26, 2019, at the same location and will provide an opportunity for the public to ask questions and gain information about the proposed project in discussions with NCL Waste, MDEQ, or other interested parties.  Following the public information session, the MDEQ will host the formal public hearing beginning at 7:00 PM. The purpose of this hearing is to receive and record comments from the public regarding the project.
Persons attending the public hearing will be asked, upon arrival, to register and note if they expect to make a public statement. These statements will be received in the order of registration (i.e., the first to register will be the first to give a public statement). All attendees will be given an opportunity to comment including those persons who indicated during registration that they did not expect to make a statement. Therefore, comments should be as brief as reasonably possible so that everyone who wants to speak has the opportunity to make a statement.  Depending upon the number of persons seeking to provide comments, MDEQ may impose a time limit on each commenter to ensure everyone wanting to make public comments get the opportunity. Written comments on the proposed project may also be presented and are encouraged. 
All comments made during this public hearing will be transcribed and made a part of the Permit Board file. In making a final decision, the Board will consider all issues and concerns raised that fall within the Board’s jurisdiction over the proposed project. The Board may make a decision to issue, deny, or issue with modifications the proposed permits for the project.  Any interested party aggrieved by the Board’s decision may file a written request for a formal hearing on the decision. A final decision would then be made by the Permit Board after that formal hearing. Any person aggrieved by that final Board decision may appeal to the Chancery Court in the county of the proposed project.
The Permit Board was created by Mississippi Law for the purpose of issuing or denying environmental protection permits to control or prevent the release of contaminants into the air and waters of the State under such conditions and limitations as it may prescribe.  By law, the Board is composed of the Chief of the Bureau of Environmental Health within the State Department of Health; the Director of the Department of Wildlife, Fisheries, and Parks, the Director of the Office of Land and Water Resources within the Department of Environmental Quality, the Supervisor of the State Oil and Gas Board; the Director of the Department of Marine Resources; the Director of Geology within the Department of Environmental Quality; and the Commissioner of Agriculture and Commerce or their respective designees.

Any person that does not have internet access or that is interested in additional information on the draft permits or permit applications may contact Mr. Trent Jones at the Permit Board’s address and telephone number above. The draft permit and rationale document are also available for review at the following locations during normal business hours:

Mississippi Department of Environmental Quality 
515 East Amite Street
Jackson, MS 39201

Elsie E. Jurgens Memorial Library
397 Highway 51
Ridgeland, MS 39157   

Please bring the foregoing to the attention of persons you know who may be interested.