Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 4 - Nonhazardous Solid Waste Management Regulations
Chapter 6 - Mississippi Commission on Environmental Quality Nonhazardous Solid Waste Corrective Action Trust Fund Regulations
Rule 11-4-6.3 - Administrative Procedures For Reimbursement
Current through September 24, 2024
A. If an owner of a nonhazardous solid waste disposal facility has sufficient evidence that a release or substantial threat of a release of contaminants from a facility exists, he shall notify the Department and submit all such evidence to the Department.
B. If the Commission determines that a release or substantial threat of a release exists at an eligible facility, either from evidence submitted by an owner or another person, or from evidence compiled by the Department itself the Commission shall determine what actions, if any, are necessary.
C. The owner of the facility shall be responsible for obtaining the services of qualified personnel or contractors to conduct remedial investigations, monitoring activities, develop remedial design plans, or to otherwise conduct activities eligible for reimbursement from the Trust Fund.
D. Site assessments, installation of monitoring wells and other activities associated with remedial investigations shall be conducted by a person who complies with the following criteria:
The Department may require that documentation be submitted demonstrating that the person conducting the work described in this paragraph complies with the above criteria.
E. All engineering and remediation plans must be designed and certified by a professional engineer or engineering company that complies with the following criteria:
The Department may require that documentation be submitted demonstrating that the engineer or engineering company conducting work described in this paragraph complies with the above criteria.
F. All remedial activities conducted by a general contractor must be done by a contractor that complies with the following criteria:
The Department may require that documentation be submitted demonstrating that the contractor conducting work described in this paragraph complies with the above criteria.
G. The Department may require competitive bidding of general contractors in order to ensure reasonable and fair costs.
H. If the owner of the facility cannot be identified or located, or if the owner does not take prompt corrective action as directed by the Commission or Department, the Department may execute a contract with a third party to conduct whatever action is determined necessary by the Commission.
I. Unless the Department executes a contract directly with a third party pursuant to Rule 6.3(H) of this regulation, the Department shall make payments from the Trust Fund only to the owner of the facility.
J. Payments from the Trust Fund shall be 100% of the reasonable costs, as determined by the Department, and shall be made after submittal of an invoice and any other documents determined necessary by the Department.
K. No payments shall be made for any activity unless the activity and its costs have been approved by the Department prior to initiating the activity.
L. The Department may deny any reimbursement request incurred if it finds such request to be unreasonable, unnecessary, or that the costs were not incurred in accordance with these regulations or the procedures developed for managing the Trust Fund. Any owner who is denied reimbursement in whole or in part shall have the right to a hearing before the Commission.
Miss Code Ann. §§ 17-17-1, et seq., 17-17-63, 17-17-201, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq. and 49-17-1, et seq.
