11 Miss. Code. R. 3-1.10 - Financial Capability, Commercial Hazardous Waste Management Facilities

A. For the purposes of this Rule 1.10, the following definitions shall apply:

(1) "Incinerator" means any enclosed device that:

(a) Uses controlled flame combustion and neither meets the criteria of classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace as these terms are defined in 40 CFR 260.10; or

(b) Meets the definition of infrared incinerator or plasma arc incinerator established in 40 CFR 260.10.

(2) "Land disposal facility" means a facility with any unit subject to the requirements of 40 CFR Part 264 Subpart F.

B. Annually, the owner and operator of a commercial hazardous waste management incinerator or land disposal facility must provide to the Mississippi Department of Environmental Quality documentation of a current actual or implied (hypothetical) rating no lower than BB (Standard and Poor's Corporation) or Ba (Moody's Investor Service) or equivalent on senior unsecured debt obligations from a Nationally Recognized Statistical Rating Organization as established by the Federal Securities and Exchange Commission. This rating must be for the owner and operator named in the permit application.

C. Annually, the owner and operator of any kind of commercial hazardous waste management facility other than an incinerator or land disposal facility must provide to the Mississippi Department of Environmental Quality documentation of a current actual or implied (hypothetical) rating no lower than B (Standard and Poor's Corporation) or B (Moody's Investor Service) or equivalent on senior unsecured debt obligations from a Nationally Recognized Statistical Rating Organization as established by the Federal Securities and Exchange Commission. This rating must be for the owner and operator named in the permit application.

Notes

11 Miss. Code. R. 3-1.10

Miss. Code Ann. §§ 17-17-1, et seq., 49-2-9 (1)(b), 49-2-1, et seq. and 49-17-1, et seq.

Amended 11/26/2015 Amended 12/30/2017 Amended 6/25/2018 Amended 7/1/2022