Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 4 - Nonhazardous Solid Waste Management Regulations
Chapter 9 - Mississippi Commission on Environmental Quality Regulations For The Beneficial Use of Nonhazardous Solid Waste
Rule 11-4-9.2 - Procedures for Beneficial Use Determinations
Universal Citation: MS Code of Rules 11-4-9.2
Current through September 24, 2024
A. Eligibility Requirements
(1) Solid wastes or by-products
may be eligible for consideration for a Beneficial Use Determination from the
Department where such materials meet the following requirements:
(a) The material, proposed for beneficial
use, must be a "by-product" as defined in Rule 9.1(C) of these
regulations.
(b) The solid waste or
by-product proposed for beneficial use must be adequately characterized to
confirm that the proposed use is adequately protective of the environment and
human health and that the by-product possesses physical and/or chemical
properties which make the material suitable for the intended use.
(c) The solid waste or by-product, proposed
for beneficial use, must not be a putrescible waste as defined in Rule 9.1(C)
or have other similar characteristics for potential nuisance.
(2) The proposed beneficial use
must conform to the following use specific standards to be eligible for
consideration for a Beneficial Use Determination from the Department.
(a) Unless otherwise approved by the
Department, a proposed beneficial use must employ a by-product in such manner
that the by-product serves as a suitable replacement for a raw material or
other feedstock and, through its use, provides a benefit comparable to the
material it is proposed to replace.
(b) The beneficial use must not solely serve
the purpose of discarding or disposing of the material, as determined by the
Department.
(c) A proposed
beneficial use of a by-product must have a demonstrated use and/or market. For
unproven uses, a demonstration project or effort may be considered and approved
by the Department to verify the legitimacy of the intended beneficial use.
Applications that propose speculative accumulation of a by-product for unproven
uses or for uses with no currently available market or end use shall not be
approved by the Department.
B. Application Procedures
(1) An application for a Beneficial Use
Determination must be submitted to the Department for review and consideration,
on forms provided by the Department, prior to implementation of the intended
use for any intended beneficial use of an eligible by-product, except for
Category I determined uses described in Rule 9.3(A) of these
Regulations.
(2) An application for
a Beneficial Use Determination may be submitted to the Department by the
generator, distributor or supplier, or end user of a by-product, as
appropriate. Applications submitted by persons other than the generator must be
accompanied by written consent for the proposed use from the generator or other
owner of the material.
(3) Upon the
review and conclusion that an application is consistent with these regulations,
the Department shall issue a Beneficial Use Determination to the applicant. At
such time, one or more of the following conditions shall apply:
(a) By-products approved for beneficial use
shall be considered a solid waste and subject to the transportation and storage
conditions of Rule 1.5 of the Mississippi Nonhazardous Solid Waste Management
Regulations until the moment that the by-product is utilized and/or packaged
for use as stipulated in the Beneficial Use Determination.
(b) Upon utilization of the material, a
by-product for which a Beneficial Use Determination has been issued shall no
longer be subject to the Mississippi Nonhazardous Solid Waste Management
Regulations, provided the by-product is utilized in a manner consistent with
the terms and conditions of the Beneficial Use Determination.
(c) The placement, dumping or other use of a
by-product in a manner inconsistent with the Beneficial Use Determination may
be considered as unauthorized dumping under the Mississippi Solid Waste Law and
the responsible party may be subject to enforcement actions by the
Department.
(d) Beneficial Use
Determinations issued by the Department are only valid for uses conducted
within the state of Mississippi.
(e) The issuance of a Beneficial Use
Determination does not exempt the generator, supplier, end user and/or the
registrant from compliance with applicable water quality and air quality
regulations when managing or beneficially using a by-product under these
regulations.
(f) Should the
beneficial use of a by-product result in conditions that create environmental
or public health problems, the generator, distributor or supplier, or end user
of the material may share responsibility for needed corrective
actions.
(4) For
applications that are found to be inconsistent with these regulations by the
Department, the following conditions shall apply:
(a) The Department shall notify the applicant
in writing of the denial; and
(b)
By-products for which a Beneficial Use Determination is denied by the
Department are considered solid wastes and shall remain subject to the
Mississippi Nonhazardous Solid Waste Management Regulations.
(5) A Beneficial Use Determination
issued by the Department should not be considered to be an endorsement of the
approved use or an endorsement of that by-product and should not be construed
as such. Nor should such a determination be considered protection from
liability and responsibility created under other applicable laws and
regulations. The Department reserves the authority to modify, terminate or
rescind any Beneficial Use Determination authorized under these regulations for
just cause.
(6) Applicants may
appeal the denial or the conditions of a Beneficial Use Determination to the
Mississippi Commission on Environmental Quality within thirty (30) days of
notification of the action. Such appeal shall be made in a manner consistent
with Section
49-17-29
(4.b) of the Mississippi Code, Annotated.
Miss. Code Ann. §§ 17-17-1, et seq., 17-17-201, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq., 49-17-1, et seq. and 49-31-1, et seq.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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