The Mississippi Commission on Environmental Quality (“MCEQ”) and Applewhite Recycling Systems LLC (“Applewhite”) entered into a December 20th Agreed Order (“AO”) addressing alleged violations of a storm water permit. See Order No. 6824 17.
The AO provides that Applewhite operates a Class I Rubbish Site (“Facility”) in Jackson County, Mississippi.
The Facility holds a Land Disposal Storm Water General Permit No. MSR500028 (“Permit”). The AO alleges violations of certain provisions of the Permit, which include:
Applewhite is stated to have submitted an updated Storm Water Pollution Prevention Plan (which was supplemented) and has provided certain written responses which assert a return of the Facility to compliance regarding various alleged violations.
The AO assesses a civil penalty of $45,000. Also required is the development and submission to the Mississippi Department of Environmental Quality for the agency’s approval a “Sampling and Analysis Plan” for dredge spoils managed and disposed of onsite. Upon completion of the Sampling and Analysis Plan, the Facility is required to develop and submit to the Missouri Department of Environmental Quality for review and approval a “Dredge Spoil Remediation Plan.”
The Facility’s Storm Water Pollution Prevention Plan is required to be modified as necessary to comply with the Mississippi Department of Environmental Quality-approved Dredge Spoil Remediation Plan and/or any United States Corps of Engineers approved “Corrective Action Plan.”
Applewhite’s parent company is referenced as having been issued a Notice of Violation for alleged unauthorized discharge of dredge and/or fill material into waters of the United States and is required to develop and implement a Corrective Action Plan.
A copy of the AO can be downloaded here.