MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY
NOTICE OF PROPOSED RULEMAKING
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTE that the Mississippi Commission on Environmental Quality (“Commission”) is considering the adoption of revisions to Commission Regulation LW-4, Dam Safety Regulations, to incorporate the substance of an Attorney General Opinion issued October 15, 2004 regarding the form of the authorization required by statute and the applicability of current design standards to existing dams and dams exempted by statute from the requirement to obtain written authorization.
I. Substance of the Proposed Revisions to Regulation LW-4, Dam Safety Regulations.
The proposed revisions to Regulation LW-4, Dam Safety Regulations, include, but are not limited to: establishing a requirement that written authorization for construction, enlargement, alteration or repair of high-hazard and significant-hazard dams will be in the form of a formal permit processed by the Mississippi Environmental Quality Permit Board (Board) in accordance with Miss. Code Annotated Section 49-17-29; eliminating the 1982 “exemption” date for existing dams; and clarifying the regulatory authority of the Commission to require that owners of existing dams which pose an unacceptable threat to downstream lives or property, regardless of the size or condition of the dam, either bring the dams into compliance with current standards or take the dams out of service by draining the impoundment and removing the dam.
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II. Manner by Which the Public May Comment.
Any interested party may submit written comments regarding the proposed revisions to Regulation LW-4, Dam Safety Regulations to the Mississippi Department of Environmental Quality (“MDEQ”), Office of Land and Water Resources, P.O. Box 10631, Jackson, Mississippi, 39289-0631. In order to be considered, written comments must be received by MDEQ no later than the close of business on Friday, July 8, 2005. Members of the public also may present verbal comments and/or submit written comments at the public hearing described below.
III. Notice of Public Hearing.
A public hearing regarding the proposed revisions to Regulation LW-4, Dam Safety Regulations will be conducted in the Commission Hearing Room of MDEQ, Southport Center, 2380 Highway 80 West, Jackson, Mississippi, on Thursday, July 7, 2005, at 4:00 p.m.
IV. Additional Information.
To request a copy of the proposed Regulation LW-4, Dam Safety Regulations, or any additional information, contact Gaylan McGregor at (601) 961-5642 or by e-mail at gaylan_mcgregor@deq.state.ms.us. Written requests may be sent to MDEQ-OLWR, P.O. Box 10631, Jackson, Mississippi 39289-0631. |