Definitions

Definitions. The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise. Terms not defined herein shall have their ordinary meanings unless such terms have a specialized meaning within the nonhazardous solid waste and hazardous waste field. Terms having such a specialized meaning are to be given that specialized meaning unless otherwise defined. A. "Act" means Mississippi Code Annotated section 17-17-501 (Supp. 1993), as amended by House Bill No. 1345 effective March 29, 1994, et seq. [Miss. Laws, 1991, ch. 583, Miss. Laws, 1992, ch. 583 and Miss. Laws, 1994, Ch. 540.]. B. “Applicant" means any person (except a public agency) applying for a permit to operate and/or construct a commercial nonhazardous solid waste management facility or commercial hazardous waste management facility. If a public agency applies for a permit and proposes to operate a facility by contract, the contractor shall also be required to file a disclosure statement as described in Miss. Code Ann. Section 17-17-503 (Supp. 1993), as amended by House Bill No.1345 effective March 29, 1994, and the Permit Board shall evaluate such statement as described in Miss. Code Ann. Section 17-17-505 (Supp. 1993). C. "Application" means an application (other than an application submitted by a public agency) for the issuance, reissuance or transfer of a permit to operate and/or construct a commercial nonhazardous solid waste management facility or commercial hazardous waste management facility. D. "Business concern" means any corporation, association, firm, partnership, trust, joint venture or other form of commercial organization. E. "Chartered lending institution" means any bank or banking institution chartered under the laws of the United States or of any state. F. "Commercial hazardous waste management facility" means any facility engaged in the storage, treatment, recovery or disposal of hazardous waste for a fee and which accepts hazardous waste from more than one (1) generator. G. "Commercial nonhazardous solid waste management facility" means any facility engaged in the storage, treatment, processing or disposal of nonhazardous solid waste for compensation or which accepts nonhazardous solid waste from more than one (1) generator not owned by the facility owner. H. "Commission" means the Mississippi Commission on Environmental Quality. I. "Debt liability" means the total actual debt of an applicant business concern or any disclosed business concern including, but not limited to, bonds, debentures, notes, surety agreements, mortgages and loans of any kind, secured or unsecured, and other similar debt instruments. J. "Department" means the Mississippi Department of Environmental Quality. K. "Disclosure Statement" means the signed and sworn statement required by Miss. Code Ann. Section 17-17-503 (Supp. 1993), as amended by House Bill No. 1345 effective March 29, 1994, and Rules 1.1, et. seq. of this Chapter to be filed by each applicant at the time the application is filed, together with any other information required by the Permit Board to be furnished by the Applicant pursuant to these regulations. L. "Enforcement Action" means any action that is pending or has concluded in a finding of violation or entry of a consent agreement resulting from an alleged violation of any (1) environmental ordinance, regulation, rule or statute, (2) environmental permit or (3) order issued to prohibit, control or abate an environmental problem. M. "Equity" means any ownership interest of an applicant or any disclosed person in a sole proprietorship or business concern including, but not limited to, the shares of a partnership and stock in a corporation. N. "Individuals related within the third degree" means individuals related within the third degree according to the Civil Law. Such relatives would include parents, children, grandparents, grandchildren, brothers, sisters, uncles, aunts, nephews, nieces, great- grandparents and great-grandchildren of any disclosed individual. Such individuals related within the third degree must be disclosed if together they own a cumulative of five percent (5%) or more of the equity in or debt liability of a disclosed publicly traded corporation except when the disclosed public corporation is an investment company which is publicly traded or a chartered lending institution. O. "Investment Company which is publicly traded" means a business concern, including a mutual fund, which engages primarily in the business of investing, reinvesting or trading in stock and securities and which uses its capital to invest in other companies. The equity stock and securities of an investment company which is publicly traded are registered under federal and state securities laws and publicly traded on a national or regional stock or securities exchange. P. "Key employee" means any person employed by an applicant in a management capacity and empowered to make operational or financial management decisions with respect to nonhazardous solid waste or hazardous waste management operations of the business concern including, but not by way of limitation, (1) the officer or other employee of the applicant located on and in charge of operations on the site that is the subject of the application and all persons in the applicant's chain of command above him [i.e., his supervisor, his supervisor's supervisor, etc.]; and, (2) contractors, consultants, brokers or other persons performing duties or functions commonly performed in the industry by employees exercising discretion over the operations of the applicant, but shall not include employees primarily engaged in the physical or mechanical treatment, processing, storage or disposal of nonhazardous solid waste or hazardous waste. Q. "Parent business concern" means a business concern that holds five percent (5%) or more of the debt or equity in the applicant business concern. R. "Permit" means a permit to construct and/or operate a commercial nonhazardous solid waste management facility or commercial hazardous waste management facility. S. "Permit Board" means the Mississippi Environmental Quality Permit Board. T. "Person" means (unless stated otherwise) any individual, trust, firm, joint stock company, business concern, public or private corporation (including a government corporation), partnership, association, state or any agency or institution thereof, municipality, commission, political subdivision of a state or any interstate body, and includes any officer or governing or managing body of any municipality, political subdivision or the United States or any officer or employee thereof. U. "Public agency" means any incorporated city or town, county, political subdivision, governmental district or unit, public corporation, public institution of higher learning, community college district, planning and development district or governmental agency created under the laws of the state. V. "Publicly traded corporation" means a business concern, the equity securities of which are registered under federal and state securities laws and publicly traded on a national or regional stock or securities exchange. W. "Sister business concern" means a business concern with which the applicant shares a common parent business concern, and which is located in the United States of America. X. "Staff" means employees of the Mississippi Department of Environmental Quality. Y. "Subsidiary business concern" means a business concern in which the applicant holds five percent (5%) or more of the business concern's debt or equity. Z. "Transfer" means (1) any sale, conveyance or assignment of the rights held by any person in any permit issued pursuant to these Regulations, except to applicant's parent business concern or wholly-owned subsidiary business concern for which all information required by these regulations has been previously disclosed in a disclosure statement pursuant to these regulations; (2) any change of more than fifty percent (50%) of the equity ownership of the applicant over any period of time which results in a different majority ownership from that at the time of the last disclosure under these Regulations or the last action of the Permit Board regarding the permit (any person may be a new majority owner for purposes of this provision); or (3) an action by the Permit Board modifying a permit or revoking and reissuing a permit to reflect the changes in ownership described in subparts (1) and (2), above.