Rule 11-3-2.1.4 - Public Notice RequirementsA. Public Notice Requirements(1) Public Notice by the MCEQ: (a) At least forty-five days (45) before the date MCEQ considers the proposed Brownfield Agreement, MDEQ shall publish a public notice in a newspaper of general circulation in the county or counties in which the Brownfield Agreement Site is located. The public notice shall: (1) describe the proposed Brownfield Agreement, including the proposed Brownfield Agreement Site;(2) request public comment on the proposed agreement within thirty (30) days after the date of publication of the notice; and(3) provide the date and location of MCEQ's consideration of the proposed Brownfield Agreement.(b) At the time it forwards the notice for publication, MDEQ shall mail or deliver to the governing authorities of the local governments in which the proposed Site is located, including but not limited to the local zoning authorities, a copy of the public notice.(c) A copy of the proposed Brownfield Agreement shall be filed for public inspection in the office of the chancery clerk of the county or counties in which the proposed Brownfield Agreement Site is located.(2) Public Notice by the Applicant (a) At the time of publication of the public notice under paragraph (a) of this subsection, an Applicant Brownfield Party shall notify by certified mail, return receipt requested, each record surface owner of property contiguous to the Brownfield Agreement Site (at the address contained in the county records, if available) identified by the Brownfield Party after examination of the land records of the county or counties in which the Brownfield Agreement Site is located.(b) The Brownfield Party shall submit to the MDEQ copies of all letters forwarded to contiguous property owners and copies of the completed return receipts within thirty days after mailing.(3) Notice of Brownfield Agreement Site(a) A Brownfield Party entering into a Brownfield Agreement shall submit to MDEQ for its approval a proposed Notice of Brownfield Agreement Site before execution of the Brownfield Agreement as provided in Rule 2.1.5 of these regulations.(b) A Notice of-Brownfield Agreement Site: (1) Shall be titled "Notice of Brownfield Agreement Site";(2) Shall include a survey plat of the Brownfield Agreement Site prepared and certified by a professional land surveyor registered in the State of Mississippi which contains a legal description of the Brownfield Agreement Site and identifies the following:(i) The location and dimensions of the areas of potential environmental contamination with respect to permanently surveyed benchmarks;(ii) The type, location, and quantity of contaminants known to exist on or under the Brownfield Agreement Site;(iii) All land-use restrictions to be applied to the current or future use of the Brownfield Agreement Site. These land-use restrictions may apply to activities on or under the Brownfield Agreement Site, including, but not limited to, use of groundwater, building, filling, grading, excavating, and mining;(iv) All engineering controls included in the Brownfield Agreement; and(v) Names and addresses of all persons who have an interest in the Brownfield Property;(3) Shall be signed by the Applicant and all persons who have an interest in the Brownfield Agreement Site; and(4) Shall contain a statement that all parties who have an interest in the Brownfield Agreement Site agree to the land-use restrictions, if applicable.(4) Public Hearing Regarding Brownfields Agreement(a) MDEQ may conduct a public hearing on the proposed Brownfield Agreement in the county in which the majority of the proposed Brownfield Agreement Site is located, or in any other location in the local area of the proposed Brownfield Agreement Site that is convenient to the members of the public who may have an interest in the proposed Brownfield Agreement.(b) MDEQ shall publish a notice of the hearing in a newspaper of general circulation in the county or counties in which the proposed Brownfield Agreement Site is located.(5) MDEQ shall provide to MCEQ for review before its consideration of the proposed Brownfield Agreement all public comments and the transcript of any public hearing on the proposed Brownfield Agreement.11 Miss. Code. R. 3-2.1.4
Miss. Code Ann. §§ 49-35-1, et seq., 17-17-1, et seq., 17-17-54, 49-2-9 (1)(b), 49-17-17, 49-2-1, et seq. and 49-17-1, et seq.