Hearings and Enforcement

Hearings and Enforcement. A. Hearings Any person or interested party aggrieved by any order of MCEQ pursuant to the Act or these regulations may file a request for hearing or notice of appeal pursuant to Miss. Code Ann. Section 49-17-41. Any person who disagrees with any other action of MCEQ pursuant to the Act or these regulations may file a petition with MCEQ for a hearing pursuant to Miss. Code Ann. Section 49-17-35. B. Enforcement and Agency Reporting (1) Any material failure of a Brownfield Party or the agents or employees of a Brownfield Party to comply with the Brownfield Agreement constitutes a violation of this rule by the Brownfield Party. If a Brownfield Party violates this section, MCEQ may issue an order requiring the Brownfield Party to correct the violation in an appropriate time period established by the order. (2) If the Brownfield Party fails to comply with an order issued under Rule 2.1.10(B)(2) or provides false information to MCEQ or MDEQ during the application process or in reports required by the Brownfield Agreement or by state or federal law, MCEQ may remove the liability protection afforded by the Brownfield Agreement under Rule 2.1.7.A., require additional remediation, and/or assess civil penalties pursuant to Miss. Code Ann. Section 49-17-43. (3) This section shall not create a defense against the imposition of criminal or civil penalties or other administrative remedies authorized by law for violations of law caused by the Brownfield Party while implementing or failing to implement the Brownfield Agreement. (4) Any land-use restriction or engineering control in a Brownfield Agreement and in a Notice of Brownfield Agreement Site filed under this section may be enforced by MCEQ by initiating an administrative proceeding or by filing a civil action without first having exhausted all available administrative remedies. (5) A land-use restriction or engineering control shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular Brownfield Property within the Brownfield Agreement Site. Any person who owns or leases Brownfield Property within the Brownfield Agreement Site subject to a land-use restriction or engineering control under this section shall abide by the land-use restriction or engineering control. (6) MCEQ may terminate a Brownfield Agreement by order issued pursuant to Rule 2.1.10.B(3). The order shall direct the executive director to issue a notice of cancellation of Brownfield Agreement. Any order to terminate shall provide that all liability protection provided by the Brownfield Agreement has been removed. The statement issued by the executive director shall direct the chancery clerk to make a marginal entry of termination on the Notice of Brownfield Agreement Site and the Brownfield Agreement. In the event a Brownfield Agreement is terminated, the Brownfield Party shall be responsible for notifying the following parties of the termination: (a) All owners of interest in the Brownfield Agreement Site; (b) All persons who own property contiguous to the Brownfield Agreement Site; (c) All local governments that were originally notified of the Brownfield Agreement (7) Additionally, upon termination the Brownfield Party shall: (a) Publish a notice of cancellation in a local newspaper; (b) Record all instruments of cancellation in the office of the chancery clerk in each county in which the Brownfield Agreement Site is located; (c) Pay all costs for the foregoing; and (d) Forward to MDEQ documentation evidencing the accomplishment of the foregoing.