11 Miss. Code. R. 1-1.1 - Delegations
The Commission delegates the following powers to the Executive Director of MDEQ:
A. To
employ qualified professional personnel and technical and clerical staff as may
be required for the operation of the Department.
B. To organize the administrative units of
the Department and alter such organizational structure and reassign
responsibilities as he or she may deem necessary to carry out the policies of
the Commission within the limits of Miss. Code Ann. §
49-2-7.1
C. To delegate the authority to sign
Commission Orders to the Chief of Staff, Head of the Office of Pollution
Control, the Head of the Office of Geology and Energy Resources, the Head of
the Office of Land and Water Resources and the General Counsel of MDEQ to the
extent that the Executive Director is allowed to issue Orders pursuant to Miss.
Code Ann. § 49-2-130).
D. To issue
Orders in accordance with Miss. Code Ann. §
17-17-227
approving or denying in whole or in part Solid Waste Management Plans and/or
amendments thereof.
E. To issue
Administrative Orders:
(1) To prohibit,
control or abate discharges of contaminants and wastes into the air and waters
of the State.
(2) To require
appropriate remedial measures to prevent, control or abate air and water
pollution or to cause the proper management of solid wastes.
(3) To impose penalties which the Respondent
agrees to pay.
(4) To require
compliance with permits, laws and regulations.
(5) To issue Emergency Orders pursuant to
Miss. Code Ann. §
49-17-27.
F. To execute all
orders required by the Brownfields Statute that are not specifically required
by Statute and/or Regulation to be issued by the full Commission.
G. To issue Cease Pumping Orders and Orders
Conditioning Permitted Water Withdrawal; to issue Cease and Desist Orders to
Surface Mining Operators who are mining without the required Permit or Notice
of Intent to Mine or who are otherwise operating in violation of Mississippi
law, regulations or condition(s) of any Permit or other Order; and to issue the
authorized Orders to Surface Coal Mining Operators who are operating in
violation of Mississippi law, regulations, or condition(s) of any Permit or
other Order.
H. To make
preliminary determinations necessary to file suit, file suit, conduct
litigation, and settle all litigation matters on behalf of the Commission.
I. To enter into all contracts,
grants and cooperative agreements allowed by Miss. Code Ann. §
49-2-9(e).
J. To delegate signature authority
for Agency contracts, purchase orders, travel reimbursement authorizations,
requisitions, personnel forms, and similar documents to the Chief of Staff,
Head of the Office of Administrative Services and/or to the Division Chiefs
within that Office.
K. To grant
continuances for scheduled Formal Hearings; to issue Non-dispositive rulings
regarding contested matters (such as, Scheduling Orders and decisions on
Interlocutory Motions), and to Stay pending Evidentiary Hearing on the
effectiveness of a Commission Order upon a showing of good cause by any party.
L. To issue, re-issue, deny, or
revoke Asbestos Certifications and approve Asbestos Abatement Training
Programs.
M. To issue, re-issue,
deny, or revoke Underground Storage Tank (UST) Certifications to individuals
authorized to install, alter and /or close USTs.
N. To issue, re-issue, deny, or revoke
Landfill (Solid Waste) Operator and Class I Rubbish Site Operator
Certifications.
O. To issue,
re-issue, deny, or revoke Wastewater Operator Certifications and approve
Wastewater Training Programs.
P.
To issue, re-issue, deny, or revoke Water Well Driller Licenses.
Q. To issue, re-issue, deny, or revoke Lead
Certifications and approve Lead-Based Paint Activities Training Programs.
R. To issue, re-issue, deny, or
revoke Waste Tire Transporter Certificates.
S. To requisition and use funds in the
Pollution Emergency Fund, Nonhazardous Solid Waste Corrective Action Trust
Fund, Waste Tire Abatement Funds and all other Funds created by Title 17 and
Title 49 and within the jurisdiction of the Commission for the statutory
purposes allowed by the Code.
T.
To discharge or exercise any power or duty granted to the Commission by the
provisions of the Surface Mining and Reclamation Law and the Surface Coal
Mining and Reclamation Law and their respective rules and regulations.
U. To execute reciprocity
agreements with other States whose Lead Based Paint Program requirements meet
or exceed the Commission's requirements.
V. To waive the late penalty for failure to
pay UST fee upon sufficient demonstration that failure to pay timely was
unavoidable due to financial hardship or otherwise beyond the control of the
owner.
W. To compile and publish
compilations of the regulations of the Commission and Permit Board.
X. To approve and award Local Governments
Solid Waste Assistance Grants, Competitive Grants and Non-Competitive Grants),
Local Governments Waste Tire Collection and Clean Up Grants, Local Governments
Tire Derived Product Grants, Incentive Waste Tire Recycling and Research
Grants, Local Governments Planning Grants, Right Way To Throw Away Grants
(Local Hazardous Waste Amnesty/Collection Event Grants), Regional Recycling
Cooperative Grants, Nonhazardous Solid Waste Corrective Action Trust Fund
Cooperative Agreements, and Pollution Prevention/Recycling Grants otherwise
allowed by Law.
Y. To execute,
approve and amend environmental covenants.
Z. To issue administrative orders to require
compliance to water well drillers who are operating in violation of Mississippi
law, regulations, or other Orders.
AA. To enter into reciprocity agreements with
other states related to certifications when so authorized by law or rules and
regulations.
1 Authorities listed in this rule are not inclusive and are in addition to authorities listed in the Introduction; Title 11, Part 1, Chapter 1.
Notes
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No prior version found.