Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 6 - Wastewater Pollution Control Regulations
Chapter 7 - Mississippi Commission on Environmental Quality Water Pollution Control Revolving Loan Fund Program Regulations
Appendix 11-6-7-B - State Environmental Review Process

Universal Citation: MS Code of Rules 11-6-7-B

Current through September 24, 2024

[For Projects Defined Under Section 212 of the Act]

A. Facilities Plan Description of Environmental Impacts

Each project's facilities plan must contain a comparative evaluation of the no-action alternative and the proposed alternative which accounts for the beneficial and adverse consequences to the existing and future environmental resources as follows and any corresponding mitigative measures necessary to protect these resources:

(1) Surface and groundwater resources.

(2) Archaeological/historical/cultural resources.

(3) Vegetative/wildlife resources.

(4) Wetlands and navigable waterways.

(5) Floodplains.

(6) Coastal zones.

(7) Wild and scenic rivers.

(8) Air Quality.

B. Environmental Review

The information, processes, and premises that influence an environmental determination are as follows. The Department will take one or more of the following actions pursuant to the review of the facilities plan description of environmental impacts and any comments generated by the Intergovernmental Review Agencies:

(1) Finding of No Significant Impact on the Environment

The Department will issue a Finding Of No Significant Impact (FONSI) when, based upon review of the facilities plan and any intergovernmental review agency comments, it appears that a project will not have a significant adverse environmental impact.

(2) Environmental Impact Statement

If the Department determines that the project does not qualify for a FONSI, an Environmental Impact Statement (EIS) will be prepared in general conformance with EPA regulation 40 CFR Part 6, or as deemed appropriate by the Department.

(3) Amendments

Amendments are occasionally needed to describe changes to proposed facilities that have already been described in a FONSI or EIS. The Amendment will describe the changes and any expected new impacts on the environment due to the changes.

(4) Reaffirmation of an Environmental Action

If five years will pass between the issuance of a FONSI, EIS or Amendment and the offer of WPCRLF funding, the environmental impact of the project will be reevaluated. If there have been no significant changes, the Department will issue a reaffirmation of the environmental action. If the original environmental action cannot be reaffirmed, the Department will issue a new environmental action, as appropriate.

(5) No Further Action

The Department will issue a FONSI or EIS for all WPCRLF projects. If there are significant changes in the project after the issuance of the environmental document, those changes will be described in an Amendment. Some changes are minor, however, and the Department may determine that a separate Amendment need not be issued. Such minor changes may include, but are not limited to:

(a) Changes in the size of pump stations, force mains, interceptor sewers, or collection sewers.

(b) Minor changes in the size of wastewater treatment unit processes.

(c) Minor rerouting of sewer lines when the new route will not adversely affect cultural resources, habitats of endangered or threatened species, environmentally important natural resource areas, or other environmental resources. All affected property owners must be notified of the rerouting by the loan recipient and must be provided an opportunity to comment on the proposed rerouting prior to initiation of construction.

C. Issuance of the Environmental Action

Copies of all environmental actions will be provided to the appropriate intergovernmental review agencies listed in Rule 7.3.A.(2)(f). Copies of environmental actions will also be sent to any agency, group or individual requesting them. All environmental actions will also be published in an appropriate local newspaper.

All environmental actions will provide for at least a thirty day period from the date of publication to receive comments from agencies groups, or individuals. All such comments will be evaluated by the Department before finalizing any environmental action.

D. Resolution of Adverse Comments

Adverse comments received as a result of the environmental review process will be addressed in the following manner:

(1) The Department will first require the loan recipient to attempt to resolve the adverse comments.

(2) If the loan recipient is unable to resolve the adverse comments, the Department will render a decision concerning the adverse comments.

(3) Should the loan recipient or the party which originally made the adverse comments desire to appeal the above decision, a request for an informal hearing must be received by the Department within 30 days after the date of such decision. Upon receipt of such a request, an informal hearing will be held with staff members, as designated by the Executive Director, and the affected parties. The Executive Director will render a decision on the appeal as a result of the informal hearing.

(4) Should the loan recipient or the party which originally made the adverse comments desire to appeal the above informal hearing decision, a request for a formal hearing by the Commission must be received by the Department within 30 days after the date of such decision. Upon receipt of such a request, the Commission will hold a formal hearing to consider the matter and will render a decision.

(5) Appeals of the above formal hearing decision may be made to the Chancery Court in accordance with state law.

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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