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The Mississippi Commission on Environmental Quality (“MCEQ”) and McCarthy Building Companies, Inc. (“MBCI”) entered into a June 30th Agreed Order (“AO”) addressing an alleged violation of a Mississippi Large Construction General Permit (“Permit”). See Order No. 7054 20.

The AO states that MBCI was notified of violations of the Permit at the Meridian III Solar Facility construction site (“Solar Facility Construction Site”) located at Knox Road, Toomsuba, Mississippi.

The alleged violations include:

1. ACT 6 S-1(1): Respondent failed to implement a site-specific Storm Water Pollution Prevention Plan (SWPPP).
2. ACT 6 S-1(2): Respondent failed to install structural practices described in ACT 5 T-6.
3. ACT 6S-2(9): Respondent failed to install additional and/or alternative erosion and sediment controls.
4. ACT 6 S-3(11): Respondent failed to maintain erosion and sediment controls.
5. ACT 6 S-5(2): Respondent failed to conduct storm water control inspections.
6. ACT 6 L-1(2): Respondent failed to discharge storm water without eroded soils.
7. ACT 7 L-1(3): Respondent discharged storm water inconsistent with receiving waters.

The AO assesses a civil penalty in the amount of $362,550. Further requirements include:

• Implementation of best management practices (“BMPs”) necessary to prevent erosion from the site
• Submission of documentation of completion of the previously referenced BMPs
• Achievement of final site stabilization by a certain date
• Submission of documentation of completion of final site stabilization

MBCI does not admit any of the AO allegations and the document is stated to not be construed in any way as an admission of liability.

A copy of the AO can be downloaded here.