NATCHEZ, Miss. (Nov. 6) – The county board heard residents’ objections today to plans for a landfill locating in south Adams County to dispose oil-industry wastes, but supervisors said they have little control in deciding if it can be permitted.
Since the county has no land-use restrictions that would prohibit siting such a waste dump, any permitting decisions rest with the Mississippi Department of Environmental Quality.
“The buck is going to stop with somebody else and not us,” said Adams County board President Warren Gaines. “We don’t have anything to do with it…. It’s not a question on whether we’re going to allow or not allow.”
However, residents attending the meeting urged the board to enact a county zoning ordinance to prohibit the oil-waste landfill. Gaines said supervisors would discuss that in the future. However, he later downplayed prospects for the board enacting such a land-use restriction.
The Shieldsboro Road property that developers envision for the dump is owned by county Supervisor Kevin Wilson, who’s in the oil business and has cited a need for such a facility to serve the oil industry in a five-state region. He stepped out of today’s meeting about the proposed landfill on the advise of board attorney Scott Slover. Government officials are prohibited from exerting undue influence in their public positions for personal financial gains.
About 15 miles south of Natchez along U.S. 61, the property is located by Waste Management’s household trash dump, which has been permitted by DEQ since 1990.
Citing concerns about oilfield contaminants being buried in Adams County to potentially pollute land, water and air, residents are asking the board to block its location. “The perfect thing to do is create some zoning,” said Steve Strickland, who noted he owns land next to the proposed facility.
The St. Catherine Creek National Wildlife Refuge is located near the site.
The waste-dump developers are seeking permits from the state Department of Environmental Quality, according to company representative Aimee Blount, who met last month with the Board of Supervisors to ask if the county had zoned out such facilities in that area. It has not.
At today’s meeting, county Supervisor Ricky Gray questioned whether Wilson should’ve been present at the October meeting in the discussions about whether the county had zoning laws impacting the landfill’s location on his land. Slover noted those discussions only involved answering Blount’s question and did not require a board decision or vote.
I have found that State Oil and Gas Board has exclusive authority as to regulation of oil field waste products.
§ 17-17-47. Exclusive authority of State Oil and Gas Board as to regulation of oil field waste products.
Current with 2023 Regular Session legislation signed by the Governor and effective upon passage through March 18, 2023. The final official version of the statutes affected by 2023 legislation will appear on Lexis Advance and Lexis+ in the fall of 2023.
Mississippi Code 1972 AnnotatedTitle 17. Local Government; Provisions Common to Counties and Municipalities (Chs. 1 — 29)Chapter 17. Solid Wastes Disposal (§§ 17-17-1 — 17-17-507)Solid Wastes Disposal (§§ 17-17-1 — 17-17-67)
§ 17-17-47. Exclusive authority of State Oil and Gas Board as to regulation of oil field waste products.
(1) Notwithstanding any other provisions contained in this chapter, the State Oil and Gas Board shall continue to exercise the exclusive authority to make rules and regulations and issue permits governing the noncommercial disposal of oil field waste products and shall continue to exercise the exclusive authority to regulate Class II underground injection wells in accordance with the provisions of Section 53-1-17; provided, however, that to the extent that such oil field exploration and production waste products may likewise constitute hazardous wastes under the provisions of this chapter, such rules and regulations shall be subject to the approval of the commission in order to insure that they are consistent with the requirements of this chapter and the Resource Conservation and Recovery Act of 1976 (Public Law 94-580).
(2) The commission shall have the exclusive authority to regulate the commercial disposal of oil field exploration and production waste products subject to limitations set out in subsection (1) of this section.
History
Laws, 1979, ch. 491, § 7; Laws, 1981, ch. 528, § 11; Laws, 1991, ch. 605, § 1, eff from and after passage (approved April 15, 1991).
Mississippi Code 1972 Annotated
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