Miss. Code. tit. 11, pt. 6, ch. 4, app 11-6-4-C
Introduction
Each project which receives SRF funding will undergo a review to determine whether there will be any significant adverse environmental impacts. It should be recognized that wastewater treatment projects nearly always have a substantial beneficial impact.
For any project, one or more of the following environmental actions will be taken by the Department:
a. Categorical Exclusion
b. Finding Of No Significant Impact on the Environment
c. Amendment to a Finding of No Significant Impact on the Environment
d. Environmental Impact Statement
e. Reaffirmation of an Environmental Action
f. No Action
Categorical Exclusion
A project will receive categorical exclusion (CE) from environmental review if it meets all of the following criteria:
a. The project will not create a new discharge or result in a significant relocation of an existing discharge.
b. The project will not substantially increase the volume of discharge or load of pollutants to the receiving stream.
c. The project will not have a significant adverse effect on the environment.
d. The action will not adversely affect cultural resources, habitats of endangered or threatened species, or environmentally important natural resource areas.
e. The action is cost effective and should cause no significant public controversy.
It is expected that most projects which include only sewer system rehabilitation will receive a CE.
The CE will be issued to the appropriate contact agencies and will be published in the Jackson Clarion-Ledger and an appropriate local newspaper. See Attachment 1.
The Department will generally wait 30 days after issuing a CE before funding a project. However, funding may be awarded immediately after issuing a CE, if necessary.
The Department may revoke a CE at any time if significant adverse information becomes available.
Finding of No Significant Impact on the Environment
If a project will not have any significant adverse environmental impact but does not qualify for a CE, a finding of no significant impact (FONSI) will be issued, along with an environmental assessment (EA). See Attachments 2 and 3.
The emphasis of the EA will be to summarize the need for the project (i.e., why the "no action" alternative is not acceptable) and to discuss the environmental impacts of the chosen alternative. The EA is not intended to be a summary of the facilities plan. The EA will not include a list of items eligible for funding.
All alternatives that were studied will be listed, but only the no action alternative and the chosen alternative will be described in detail. The reasons for choosing the chosen alternative will be discussed.
The FONSI will be issued to the appropriate contact agencies and will be published in the Jackson Clarion-Ledger and an appropriate local newspaper. See Attachment 2.
The Department will generally wait 30 days after issuing a FONSI before funding a project. However, a facilities plan may be conditionally approved and a loan agreement may be conditionally offered immediately after issuing the FONSI, if necessary. In such a case, no funds will be transferred to the loan recipient and authority to award construction contracts will not be given until the 30 day period has expired and all substantial adverse comments have been addressed. There will be no exceptions.
Amendment to a Finding of No Significant Impact on the Environment
FONSI amendments are occasionally needed to describe changes to proposed facilities that have already been described in a FONSI. Attachment 2 shows the amendment format. The EA that accompanies the amendment will describe the changes, the reasons for the changes, and any new impacts on the environment due to the changes. The EA amendment is intended to be read in conjunction with the original EA and is not a self supporting document. The original EA will be reissued with the EA amendment in those cases where it is deemed to be necessary to assure clarity.
The 30 day period requirement will be the same as for a FONSI.
Environmental Impact Statement
If the Department determines that an environmental impact statement (EIS) is needed, it will be prepared in accordance with EPA regulation 40 CFR Part 6.
Reaffirmation of an Environmental Action
If five years will have passed between the issuance of a CE, FONSI, Amendment to a FONSI, or an EIS and the award of SRF funding, the environmental impact of the project will be reevaluated.
If there have been no significant changes, the Department will issue a reaffirmation of the environmental action. See Attachment 4. The 30 day period requirement will be the same as for a CE.
If the original environmental action cannot be reaffirmed, the Department will issue a FONSI or an Amendment, as appropriate. The 30 day period requirement will be the same as for a FONSI.
A reaffirmation will not be required when a FONSI is over five years old but the most recent Amendment is less than five years old.
No Action
All SRF projects will receive a CE, FONSI, or EIS. If one of those documents has been issued and there are then significant changes in the project, those changes will be described in an Amendment. Some changes are minor, however, and the Department may determine that a separate Amendment will not be needed. Such changes include, but are no limited to:
a. Addition of sewer system rehabilitation.
b. Changes in the size of pump stations, interceptors, or collectors.
c. Minor changes in the size of unit processes.
d. Minor rerouting of sewer lines when the new route i) will be mostly on public property, and ii) will not adversely affect cultural resources, habitats of endangered or threatened species, or environmentally important natural resource areas. All affected property owners must be notified by the loan recipient.
e. Changes in the average monthly user charge.
Public Participation
A loan recipient will be encouraged to hold a public hearing when the alternatives have been determined but before a chosen alternative has been selected and will be required to hold a public hearing before the facilities plan has been fully adopted. The hearings shall be advertised in the Jackson Clarion-Ledger and an appropriate local newspaper at least 30 days before the hearing. The recipient is also encouraged to notify local television and radio stations.
Topics to be discussed at the hearing include the facilities to be built, why they are needed, where they will be built, how much they will cost, the average monthly user charge, and the environmental impact.
If a project change is significant enough to require a FONSI amendment, a new public hearing will be required.
The recipient shall notify the public if the average monthly user charge will be substantially greater (about 20% or more) than was presented at the public hearing. Notification may be made in the newspaper or by a new public hearing.
Contact Agencies
Copies of all environmental actions will be sent to the appropriate contact agencies listed in Attachment 3; other agencies will be contacted as needed. Comments from those agencies and from the public will be carefully evaluated before finalizing any environmental action.
Resolution of Adverse Comments
Adverse comments received as a result of the environmental review process will be addressed in the following manner:
a. The Department staff will first require the loan recipient to resolve the adverse comments, subject to Department staff approval.
b. If the loan recipient is unable to resolve the adverse comments and secure approval, the Department staff will render a decision concerning the adverse comments.
c. Should the loan recipient or the party which originally made the adverse comments desire to appeal the above decision, a request for an informal hearing must be received by the Department within 30 days after the date of such decision. Upon receipt of such a request, an informal hearing will be held with staff members, as designated by the Head of the Office of Pollution Control, and the affected parties. The Office Head, or his designee, will render a decision on the appeal as a result of the informal hearing.
d. Should the loan recipient or the party which originally made the adverse comments desire to appeal the above informal hearing decision, a request for a formal hearing by the Department of Environmental Quality must be received by the Department within 30 days after the date of such decision. Upon receipt of such a request, the Commission on Environmental Quality will hold a formal hearing to consider the matter, and will render a decision.
e. Appeals of the above formal hearing decision may be made to the Chancery Court in accordance with state law.
CATEGORICAL EXCLUSION FROM ENVIRONMENTAL REVIEW
(1) Recipient, Loan Number
(2) Date
All projects funded under the Mississippi Water Pollution Control Revolving Fund Act undergo a review to determine whether the proposed project will have a significant impact on the environment. In making this determination, it is assumed that all of the facilities and actions recommended in the facilities plan will be implemented.
The proposed project includes: *(3) new collectors, new interceptors, sewer system rehabilitation, upgrading or expanding the existing treatment plant facilities.
The Mississippi Office of Pollution Control has determined that the proposed project meets the criteria for receiving a categorical exclusion from further environmental review. However, this determination can be revoked if significant adverse information becomes available. If you have any comments regarding the proposed project, please send them to Mr. Mark Smith, Office of Pollution Control, P.O. Box 2261, Jackson, MS 39225, phone (601) 961-5171 no later than (4) date.
Sincerely,
Charles H. Chisolm Office Head
Note: *(3) - Include as needed.
FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT
*
(1) AMENDMENT
(2) Recipient, Loan Number
(3) Date
All projects funded under the Mississippi Water Pollution Control Revolving Fund Act undergo a review to determine whether the proposed project will have a significant impact on the environment. In making this determination, it is assumed that all of the facilities and actions recommended in the facilities plan will be implemented.
The proposed project includes: *(4) new collectors, new interceptors, sewer system rehabilitation, upgrading or expanding the existing treatment facilities, building new treatment facilities.
The Mississippi Office of Pollution Control has determined that the proposed project will not have a significant adverse impact on the environment and consequently is issuing this finding of no significant impact. However, this issuance can be revoked if significant adverse information becomes available. An environmental assessment is available on request. If you have any comments regarding the proposed project, please send them to Mr. Mark Smith, Office of Pollution Control, P.O. Box 2261, Jackson, MS 39225, phone (601) 961-5171 no later than (5) date.
Sincerely,
Charles H. Chisolm Office Head
Note: *1 - Include if needed.
*4 - Include as needed.
ENVIRONMENTAL ASSESSMENT
Recipient , Loan Number
A. Summary Data
1. | Facilities to be Built New collectors, new interceptors, sewer system rehabilitation, upgrading or expanding existing treatment plant, building new treatment plant | ||
2. | Population and Flow | ||
Current ( 19) | Design ( 20) | ||
Population in planning area Other pop. equivalent (specify) Total equivalent population | |||
Domestic wastewater flow, mgd Industrial wastewater flow, mgd I/I, mgd Other flow (specify), mgd Total flow, mgd | |||
3. | Project Costs | ||
Total project cost: $ | |||
Loan eligible cost: $ | |||
4. | Funding Sources | ||
SRF loan amount: $ | |||
Monthly payment on SRF loan: $ | |||
Other sources (specify): $ | |||
Other monthly payments: $ | |||
Total monthly payments: $ | |||
5. | User Charges | ||
Average monthly user charge, based on $ for debt retirement | gallons per month: | ||
$ for OM&R $ total | |||
Median annual household income: $ | |||
Average annual user charge will be | % of median income | ||
6. | NPDES Effluent Limits | ||
Flow, mgd | Summer | Winter | |
BOD5, mg/l | |||
NH3-N, mg/l | |||
DO, mg/l |
Residual Cl2, mg/l |
SS, mg/l |
FC, number/100 ml |
Receiving stream: |
B. Maps
Include a map or maps showing the location of the existing and proposed WWTP and major interceptors. Maps showing the location of individual collection lines will not usually be included. A schematic diagram of the WWTP will be included only if a narrative description of the unit processes will not give an accurate picture of the facilities to be built.
C. Existing Facilities
Describe the existing collection and treatment facilities. Describe the loadings on the unit processes if the information is pertinent to the need for the proposed project.
D. Need for the Project
Explain why the existing facilities will not be able to protect human health or the environment at future design flow and loading when the facilities are operated according to optimum O & M procedures.
In many cases the NPDES effluent limits will have been changed from secondary to tertiary limits. For example, if a town has an existing lagoon and the new limit requires a BOD of less than 30 mg/l, a simple statement that a lagoon cannot be expected to meet the new limit will establish a need.
A letter from the Mississippi State Department of Health stating that an area has a significant number of failing septic tank systems and further stating that septic tank systems cannot be expected to work because of small lot sizes or low soil permeability will establish a need.
E. Analysis of Alternatives
Discuss why the no action alternative was not chosen. List, but do not discuss, all of the other alternatives that were studied. State which alternative was chosen. Describe why it was chosen. In many cases a simple statement that the chosen alternative has the lowest present worth, will meet the effluent limits, and is environmentally sound will be adequate.
F. Proposed Facilities
List the unit processes that will be used for wastewater and sludge treatment and describe any that are unusual. State the design flow.
State the number of lift stations and the approximate total length of the interceptors and collectors. State what areas of town, if any, will receive new collectors or sewer system rehabilitation. State what kind of collection system will be used: conventional gravity, small diameter gravity, pressure, etc.
State what will be done with the existing facilities.
State that the above sizes and quantities are planning level estimates and are subject to change during project design.
G. Impact of the Chosen Alternative on the Environment
Describe the impacts of the proposed alternative on the following items:
1. Land use practices and population growth
2. Surface water quality
3. Groundwater quality
4. Wetlands, wildlife preserves, prime agricultural lands, other environments of special interest
5. Any other significant beneficial or adverse impacts
The environmental assessment will state that short term dust, noise, and erosion occurring during construction will be minimized by using appropriate construction techniques. The environmental assessment will also state that all wastewater facilities occasionally produce objectionable odors, but that the facilities will be operated to minimize the occurrences of odor problems. For many projects, these will be the only adverse environmental impacts.
Describe any actions that must be taken to mitigate other adverse impacts on the environment. State when the actions must be accomplished, if appropriate. Describe any actions that have already been taken by the time of FONSI issuance, if appropriate.
H. Public Participation and Agencies Consulted
Summarize the public hearing, emphasizing any public approvals or objections. List the public agencies consulted about the project. The following agencies will be consulted on most projects:
1. United States Army Corps of Engineers
2. United States Soil Conservation Service
3. Mississippi State Department of Health
4. Mississippi Department of Wildlife Conservation
5. Mississippi Department of Archives and History
6. Mississippi Department of Finance and Administration (State Clearinghouse)
State that the Environmental Assessment was prepared by the Department based on information in the SRF facilities plan as prepared by the loan recipient.
REAFFIRMATION OF ENVIRONMENTAL ACTION
(1) Recipient, Loan Number
(2) Date
All projects funded under the Mississippi Water Pollution Control Revolving Fund Act undergo a review to determine whether the proposed project will have a significant impact on the environment. In making this determination, it is assumed that all of the facilities and actions recommended in the facilities plan will be implemented.
The proposed project includes: *(3) new collectors, new interceptors, sewer system rehabilitation, upgrading or expanding the existing treatment facilities, building new treatment facilities.
The Mississippi Office of Pollution Control has reaffirmed the *(4) finding of no significant impact on the environment/categorical exclusion from further environmental review that was originally issued on (5) date. However, this reaffirmation can be revoked if significant adverse information becomes available. If you have any comments regarding the proposed project, please send them the Mr. Mark Smith, Office of Pollution Control, P.O. Box 2261, Jackson, MS 39225, phone (601) 961-5171 no later than (6) date.
Sincerely,
Charle H. Chisolm Office Head
Note: *(3) - Include as needed.
*(4) - Choose one.
Miss. Code. tit. 11, pt. 6, ch. 4, app 11-6-4-C