Permit Procedures

Permit Procedures. A. No solid waste management facility shall be operated without an individual permit from the Permit Board or a certificate of coverage under a general permit. B. The Permit Board may issue a general permit for a specified category or group of facilities that involve similar wastes or have similar operating requirements and restrictions. C. No new solid waste management facility nor any lateral expansion of an existing facility beyond the area previously approved shall be granted either an individual permit from the Permit Board or a certificate of coverage under a general permit, unless such facility is consistent with the approved local solid waste management plan for the area in which the facility is located. Solid waste management facilities existing prior to the date of Commission approval of the applicable local plan are considered to be consistent with such local plans, even if there is no recognition of such facilities in the plan. However, any lateral expansion of such existing facilities which has not been approved by the Permit Board prior to the date of Commission approval of the plan must be expressly recognized in the plan in order to be considered consistent with the plan. D. An application for issuance, re-issuance or transfer of an individual permit or a certificate of coverage under a general permit shall be made on forms provided by the Department. In addition to the information required in the application form, the Department may require other information as necessary to evaluate the proposed facility. E. Applicant Disclosure Statement Requirements (1) Applicants for the issuance, re-issuance or transfer of an individual permit shall also file with the Permit Board or the Permit Board’s designee a disclosure statement in accordance with Section 17-17-501 through 17-17-507, Mississippi Code Annotated, and the regulations promulgated pursuant thereto. (2) Applicants for the issuance, re-issuance or transfer of a certificate of coverage under a general permit shall also file with the Permit Board or the Permit Board’s designee a disclosure statement in accordance with Section 17-17-501 through 507, Mississippi Code Annotated, and the regulations promulgated pursuant thereto. (3) For the purposes of Paragraphs E.1 and E.2 of this rule, the term "applicants" means any persons, except public agencies, applying for a permit or a certificate of coverage to operate and/or construct a commercial nonhazardous solid waste management facility. (4) If the owner (except a public agency) of a commercial nonhazardous solid waste management facility contracts with any person other than a public agency to operate the facility, the owner shall not allow the contractor to begin operation until disclosure statements with regard to the owner and the contractor have been submitted to and approved by the Permit Board or the Permit Board’s designee in accordance with Section 17-17-501, Mississippi Code Annotated and the regulations promulgated pursuant thereto. If a public agency applies for a permit and proposes to operate a facility by contract, the contractor shall be required to file a disclosure statement. F. Notwithstanding the authority and the requirements of Section 17-17-501 through 17-17- 507, Mississippi Code Annotated, the Permit Board or the Permit Board's designee may require a reasonable amount of information concerning the financial capability and/or the performance history of an applicant and may use the information in determining whether an individual permit or a certificate of coverage under a general permit should or should not be granted. G. An application for the issuance, re-issuance, modification or transfer of any solid waste management permit or certificate of coverage and all reports required by the solid waste management permit or other information requested by the Permit Board shall be signed as follows: (1) For a corporation: a president, vice-president, secretary, or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; (3) For a municipality, county, state, federal, or other public agency; either a principal executive officer or ranking elected official; (4) The signature of a Duly Authorized Representative (DAR) shall be a valid signature under these Regulations, in lieu of the signatures described above provided the following conditions are met; (a) The DAR is an employee of the entity seeking the solid waste- management permit or certificate of coverage. (b) The DAR is identified to the Department by the ranking officer of the corporation, partnership, proprietorship, municipality, county, state, federal or other public agency. (c) The DAR is responsible for the overall management of the solid waste facility. H. When the Department is satisfied that an application for an individual permit is complete, or that a proposed general permit has been completed it shall develop a proposed recommendation as follows: (1) If the proposed recommendation is to issue the individual or general permit, the Department shall, at a minimum, prepare a public notice and allow the general public a period of at least 30 days to provide comment regarding the application or to request a public hearing in accordance with Section 49-17-29(4)(a), Mississippi Code Annotated 1972. A public notice may be waived by the Department for modifications to existing facilities which do not involve an expansion of the facility or a significant change in the method of waste management. The Department may conduct a public hearing for proposals when a significant level of public interest exists in the project area or where warranted by other factors. (2) If the proposal applies to the issuance of a general permit or an individual permit for an MSWLF unit, or the modification pertaining to the expansion of an MSWLF unit beyond the permitted capacity or area of an individual permit or a general permit, or the transfer of an individual permit for an MSWLF unit, a public hearing shall be conducted. (3) The Permit Board may conduct a single public hearing on related groups of draft individual or general permits. (4) Following a public notice and any public hearing which may be conducted, the Permit Board or the Permit Board’s designee shall make a decision regarding the issuance of the permit. I. When the Department determines that an application for coverage under a general permit is complete, the Permit Board or the Permit Board’s designee shall make a decision regarding the issuance of the Certificate of Coverage. J. Any interested party aggrieved by any action of the Permit Board or the Permit Board's designee with regard to permit or certificate of coverage issuance, denial, modification or revocation may file a written request for a formal hearing in accordance with Section 49- 17-29(4)(b), Mississippi Code Annotated. K. A permit shall not be issued for more than ten (10) years. Any existing permit which does not have an expiration date shall be re-evaluated and may be reissued for a period not to exceed ten (10) years after the date of reissuance. Such re-evaluation shall be limited to an evaluation of: (1) The terms and conditions of the permit to determine consistency with current requirements of the Department, (2) The operating history of the permittee at the permitted facility, and (3) The permittee's ability to comply with Rule 1.3 of these regulations (Siting Criteria). Permits are subject to modification, revocation, and/or reissuance for good cause at any time during the life of the permit. L. A transfer of an individual permit or a certificate of coverage under a general permit from one person to another shall be made prior to any sale, conveyance, or assignment of the rights in the permit held by the permittee. Any change of more than 50 percent of the equity ownership of the facility or permittee over a sustained period resulting in a new majority owner shall constitute a transfer. A new majority owner for purposes of this provision shall be an individual, partnership, company, or group of affiliated companies. A transfer, as described in this paragraph, must be approved by the Permit Board. All transfers approved by the Permit Board shall be made contingent upon the final sale, conveyance, or assignment of rights in the permit being completed within one year of Permit Board action, and shall be effective on the date of final sale, conveyance, or assignment of rights in the permit. M. It is the responsibility of the permittee to possess or acquire a sufficient interest in or right to the use of the property for which a permit or certificate of coverage is issued, including the access route. The granting of a permit or a certificate of coverage does not convey any property rights or interest in either real or personal property; nor does it authorize any injury to private property, invasion of personal rights, or impairment of previous contract rights; nor any infringement of federal, state, or local laws or regulations outside the scope of the authority under which a permit or certificate of coverage is issued. N. Storage, processing, disposal or other placement of waste shall be limited to the area described in the application form required in paragraph D. of this rule, unless an amended application is submitted to the Department and approved. O. When a disaster occurs, such as a tornado, hurricane, or flood, and results in urgent need for public solid waste disposal or processing facilities, the Department may approve a site or facility for immediate operation subject to stipulated conditions and for a limited period of time.