11 MAC Pt. 4, R. 7.21
The Commission on Environmental Quality may waive the filing of disclosure
Cite as 11 Miss. Admin. Code Pt. 4, R. 7.21
The Commission on Environmental Quality may waive the filing of disclosure
information related to applicants for permits involving the storage, treatment, processing or
disposal of nonhazardous solid waste only if the information regards the holder of less than five
percent (5%) of the equity of the applicant or the holder of less than five percent (5%) of the
equity in any business concern which holds equity in the applicant.
A.
In order to apply for the waiver, the applicant shall file a sworn petition requesting such
waiver and allege either:
(1)
that the information cannot be ascertained after reasonable and diligent search
and inquiry, setting forth in the petition the facts and circumstances alleged
to constitute the reasonable and diligent search and inquiry to obtain the
information; or
(2)
that the information required is not relevant or material, setting forth in the
petition the facts and circumstances in support of the irrelevancy or
immateriality of the information.
B.
The Commission may waive the filing of such information if the Commission finds and
declares such information either:
(1)
to be unobtainable after reasonable and diligent search and inquiry; or
(2)
to be irrelevant or immaterial to the review of the application; and
(3)
unnecessary to the discharge of its responsibilities with regard to such permit
as set forth by law.
C.
Any applicant, other person or interested party, aggrieved by an Order of the
Commission waiving the filing of such information may appeal the decision of the
Commission in the manner provided in Miss. Code Ann. Section 49-17-41 (1972),
as amended.