Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 1 - Administrative Regulations
Chapter 1 - Mississippi Commission on Environmental Quality Regulations Regarding the Delegation of Authority to the Executive Director of the Mississippi Department of Environmental Quality
Introduction: Statutes regarding environmental and natural resources issues in Mississippi grant the Mississippi Commission on Environmental Quality ("Commission") broad discretion to delegate many of its statutory authorities to the Executive Director of the Mississippi Department of Environmental Quality ("MDEQ"). Since the creation of the Commission and its predecessor bodies, the Mississippi Air and Water Pollution Control Commission and the Mississippi Commission on Natural Resources, the Commission has delegated certain authorities to the Executive Director by agency action reflected in the minutes of the Commission. The Commission now consolidates these delegations, adds additional delegations, and promulgates these delegations as a regulation pursuant to the Mississippi Administrative Procedures Law.
The chart below describes specific delegations of authority and lists the most pertinent statutory authorization for the delegation. The Commission, however, also is given a broad general authority to delegate its authority by Miss. Code Ann. § 49-17-17(o). That section authorizes the Commission "to delegate in such manner as it sees fit the duties and powers relating to air and water quality and pollution control to the agency members presently engaged in the several fields of water or air control or pollution." Miss. Code Ann. § 49-17-17(n) authorizes the Commission to "exercise all incidental powers necessary to carry out the purposes of Sections 49-17-1 through 49-17-43 and Sections 17-17-1 through 17-17-47." The Commission interprets these statutes to allow the delegation of authority to the Executive Director to perform all actions within the jurisdiction of the Commission required to protect the quality and quantity of the state's water resources and the quality of the state's ambient air and to regulate solid nonhazardous and hazardous waste within the State. This delegation authority by definition allows delegation of authorities related to the three offices of MDEQ created by statute: The Office of Geology and Energy Resources, the Office of Land and Water Resources, and the Office of Pollution Control. See Miss. Code Ann. § 49-2-7.
The Commission also interprets these statutes as allowing the delegation to the Executive Director of authorities necessary to perform the day-to-day functions of MDEQ through the Office of Administrative Services, as created by Miss. Code Ann. § 49-2-17. Additionally, Miss. Code Ann. § 53-7-19(p) allows the Commission to authorize the director "to discharge or exercise any power or duty granted to the commission by the provisions" of the Surface Mining and Reclamation Law. This regulatory action is not intended to revoke any authorization previously granted to the Executive Director and not listed in this regulation. Also, Miss. Code Ann. § 53-9-69(1) allows the executive director to issue orders under prescribed circumstances under the Mississippi Surface Coal Mining and Reclamation Law. § 53-9-69(1)(b) allows the executive director or the executive director's authorized representative on the basis of any inspection to order the cessation of surface coal mining and reclamation operations or that portion of those operations when it is determined that any condition or practices exist or that any permittee is in violation of the chapter or any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit and the condition, practice or violation also creates an imminent danger to the health and safety of the public, or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air or water resources. When on the basis of an inspection, the executive director or the executive director's authorized representative determines that the condition, practice or violation does not create an imminent danger, an order to the permittee shall be issued setting a reasonable time of not more than 90 days for the abatement of the violations or, if deemed necessary, an immediate cessation of activities violating or resulting in the violation of this chapter, the regulations or any condition or limitation of a permit.§ 53-9-69(1)(c).
The delegation of authority to the Executive Director does not require the Executive Director to exercise the authority delegated. The Executive Director may determine, on a case-by-case basis, that a decision within his or her authority to make should be referred to the Commission for consultation and/or decision.
