The Commission on Environmental Quality may waive the filing
of disclosure information related to applicants for permits involving the
storage, treatment, processing or disposal of nonhazardous solid waste only if
the information regards the holder of less than five percent (5%) of the equity
of the applicant or the holder of less than five percent (5%) of the equity in
any business concern which holds equity in the applicant.
A. In order to apply for the waiver, the
applicant shall file a sworn petition requesting such waiver and allege either:
(1) that the information cannot be
ascertained after reasonable and diligent search and inquiry, setting forth in
the petition the facts and circumstances alleged to constitute the reasonable
and diligent search and inquiry to obtain the information; or
(2) that the information required is not
relevant or material, setting forth in the petition the facts and circumstances
in support of the irrelevancy or immateriality of the information.
B. The Commission may waive the
filing of such information if the Commission finds and declares such
information either:
(1) to be unobtainable
after reasonable and diligent search and inquiry; or
(2) to be irrelevant or immaterial to the
review of the application; and
(3)
unnecessary to the discharge of its responsibilities with regard to such permit
as set forth by law.
C.
Any applicant, other person or interested party, aggrieved by an Order of the
Commission waiving the filing of such information may appeal the decision of
the Commission in the manner provided in Miss. Code Ann. Section
49-17-41(1972),
as amended.
Notes
Miss. Code Ann. ยงยง
17-17-1,
et seq., 17-17-501, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq. and
49-17-1, et seq.
