Storm Water Enforcement: Mississippi Commission on Environmental Quality and Ocean Springs Development Enter into Agreed Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Mississippi Commission on Environmental Quality (“MCEQ”) and Little Bluff, LLC, (“Little Bluff”) entered into a May 4th Agreed Order (“AO”) addressing an alleged failure to obtain a storm water permit. See Order No. 7037 20.

The AO provides that Little Bluff is engaged in a residential development in Ocean Springs, Mississippi.

MS Code Ann. 49-17-29(2b) is cited, which states in part that:

. . . it is unlawful for any person to carry on any of the following activities, unless that person holds a current permit for that activity from the Permit Board as may be required for the disposal of all wastes which are or may be discharged into the waters of the state . . . (iii) the construction, installation or operation of any industrial, commercial or other establishment, including irrigation projects or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of wastes into the waters of the state. . .

Little Bluff is stated to have failed to obtain coverage under Mississippi’s Large Construction Storm Water General Permit before the commencement of construction activities.

The company has stated to have since submitted a Large Construction Notice of Intent and Storm Water Pollution Prevention Plan to Mississippi Department of Environmental Quality’s Environmental Permits Division.

The AO assesses a civil penalty of $8,250.

A copy of the AO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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