RIMES & GRAHAM, ruc OCT 8 8 2020 Parkway Suite 101 Ridgeland, MS 39157 7 SYED 100 Renaissance Building i TAGGART, RECENE! 1022 ighad Colon ATTORNEYS AT LAW Wise Counsel. Proven Advocacy. Real Solutions. Phone: 601.898,8400 Fax: 601.898.8420 wow ceglawyers.com ECBIVE October 8, 2020 ocr 8 200 | ) Via Hand-Delivery Mississippi Commission on Environmental Quality i Attn: Chris Wells, Interim Executive Director SIS E. Amite Street fu Jackson, MS 39201 “ECUTIVE DIRECTOR, DEQ Re: Mississippi Commission on Environmental Quality v. Gold Coast Commodities, Inc. Dear Sir or Madam: Enclosed for filing in your office is a Sworn Petition of Gold Coast Commodities, Inc., Appealing Executive Director's Ex Parte Orders 7069-20 and 7074-20 in cegards with the referenced matter. ‘After this petition is filed, I will be very grateful if you will please assign a cause number and stamp “Filed” on the copy enclosed herein and email the file-stamped copy to ‘maureem@irglawvers.com, Thank you very much for your assi please contact me directly at 601-707-3814. {ance in this regard. Should you have any questions, Sincerely, ‘TaGGaRt, RIMES. HAM, PLLC Maureem Alemany Paralegal for Andy Ts tma Enclosures ec: Roy Furth, General Counsel, MDEQBEFORE THE MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY MISSISSIPPI COMMISSION ON, ENVIRONMENTAL QUALITY COMPLAINANT vs. APPEAL NO. GOLD COAST COMMODITIES, INC. RESPONDENT SWORN PETITION OF GOLD COAST COMMODITIES, INC. ALIN DIRECTOR'S EX, JERS 7069-20 AND 7074-20 Gold Coast Commodities, Inc. ("GCC"), pursuant to Miss. Code Ann, §49-17-41, and by and through Robert Douglas, it: Vice President, submits this sworn petition of appeal of the ex parte orders entered against it without hearing or notice by the Interim Executive Director (the “Executive Director”) of the Mississippi Department of Environmental Quality (“MDEQ”) on September 11, 2020 (“Order 7069-20”), attached as Exhibit “A” and incorporated by reference, and October I, 2020 (“Order 7074-20”), attached as Exhibit “B” and incorporated by reference: ‘On September 11, 2020, the Executive Director signed Order 7069-20 on behalf of the Mississippi Commission on Environmental Quality (the “Commission”), relying on allegations of certain staff employees of the Mississippi Department of Environmental Quality (“MDEQ”), and finding GCC to be in violation of a variety of requirements related to stormwater discharge, wastewater discharge and other discharges. Order 7069-20 cites prior actions by the Commission against GCC, including Commission Order No. 6805-17, in which GCC wasprohibited from disposing its wastewater at any facility in the state of Mississippi without written permission from MDEQ. Order 7069-20 correctly sets out the nearly year and a half process required of GCC before the MDEQ Permit Board finally issued GCC a State Operating Permit for a wastewater treatment site and land application operation in Rankin County, Mississippi on August 13, 2019 (Permit No. MSU218003). GCC necessarily generates wastewater in the conduct of its lawful business. As noted, previous orders of the Executive Director have directed GCC not to dispose of its wastewater anywhere in the State of Mississippi without written permission from MDEQ. Now, Order 7069- 20, orders GCC to cease and desist wastewater operations at the subject treatment site, And Order 7074-20 orders GCC to remove all wastewater from the properly permitted wastewater treatment lagoon. Unless relief is granted from its onerous provisions, Order 7069-20, therefore, has the effect of putting GCC out of business by completely shutting down its lawful business operations. 3. Order 7069-20 includes a series of requirements and deadlines by which GCC must take specific forms of remedial action in order to satisfy MDEQ staff. 4 On September 18, 2020, Clearwater Consultants, Inc. (“Clearwater”), on behalf of GCC, provided a written response to Order No. 7069-20, advising MDEQ of the actions undertaken by GCC to respond to thet Order and comply with its conditions. Included with the detailed written response was an Operations Plen specifically designed to bring GCC into compliance and consistent with mandates and deadlines imposed by the Order. , 2‘As was known to MDEQ staff, Clearwater, again on behalf of GCC, was to have provided a supplemental response and vector plan on October 2, 2020, reflecting amended and updated plans and actions taken by GCC to respond to Order No. 7069-20, in direct response to concems raised by MDEQ staff following submission of the September 18 Clearwater report and plan, 6. Nonetheless, on October 1, 2020, without waiting for one more day to receive and review the amended plans from Clearwater that were to have been delivered on October 2, the Executive Director issued another order (“Order 7074-20"), directing GCC to remove all wastewater already in its wastewater treatment lagoon within sixty days, and bringing forward all the provisions, including the cease and desist provision, of Order 7069-20. % Unless relief is granted from its onerous provisions, Order 7074-20, like Order 7069-20, has the effect of putting GCC out of business by completely shutting down its lawful business operations. GCC cannot operate without generating wastewater, and GCC cannot generate wastewater that it will be unable legally to dispose of under the terms of Order 7069-20 and 7074-20. 8. Due to the effect of Order 7069-20, GCC has not been able to run a significant portion of its manufacturing process that generates wastewater. GCC is still collecting used cooking oil as it is under contract to do for over 1,500 restaurants, but the recycling of that oil would generate wastewater, which GCC is not able to do due to the effect of Order 7069-20. GCC is storingstorm water in storage tanks, though the capacity of those tanks is not unlimited. If GCC is not allowed to transport wastewater to its lagoon site, and to maintain wastewater levels atthe lagoon at its design capacity, and t. ‘gate aerated wastewater from the lagoon as the lagoon is, engineered, designed, constructed and permitted to do, GCC will be forced to cease its business operations altogether and effectively forced out of business by regulatory fiat. ‘The ex parte orders of the Interim Executive Director, entered as they were without notice to GCC or opportunity fora hearing, and based on unspecified allegations of unnamed ‘witnesses, is arbitrary and capricious, is not based on substantial evidence, and is in violation of GCC’s due process rights under the Constitution of the State of Mississippi and the United States Constitution, : 10, Therefore, GCC asks that the Commission set down on its docket on an expedited basis, ‘an evidentiary bearing on this appeal of Order 7069-20, entered by the Executive Director on September 11, 2020 and Order 7074-20, entered by the Executive Director on October 1, 2020. u. Further, GCC requests that the Commission enter an order staying of the effects of Order 7069-20 and Order 7074-20 pending the ruling of the Commission in this appeal of those two orders. |Respectfully submitted, Its Vice-President (Swom Verification attached as Exhibit “C”) BY: R. ANDREW TAGGART, JR. (MSB# 7422) Its Attorney OF COUNSEL: R. ANDREW TAGGART, JR, (MSB# 7422) JOHN G. SIMS, III (MSB# 99679) ELLEN V. ROYAL (MSB# 105682) TAGGART, RIMES & GRAHAM, PLLC 1022 Highland Colony Parkway Suite 101 Ridgeland, MS. 39157 andy@itrelawyers.com rae(Grelawyers.com elleni@irglawyers.com Executive Director's Order 7069-20, September 11, 2020 it “B" — Executive Director's Order 7074-20, October 1, 2020 ‘C” ~ Verification of Robert Douglas, Vice President, Gold Coast Commodities, Inc.BEFORE THE MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY ‘MISSISSIPPI COMMISION ON ENVIRONMENTAL QUALITY VS. eel ORDER af 0 6 3 2 0 GOLD COAST COMMODITIES, INC. 817 NORTH COLLEGE STREET BRANDON, MISSISSIPPI 39042 RESPONDENT ORDER ‘The above captioned cause came before the Executive Director of the Mississippi Department of Environments! Quality (MDEQ) this day for ex parte consideration under the authority of Miss. Code Ann. § 49-2-13, and the Executive Director, having heard and considered the evidence herein, and having determined that an Order should issue prefatory to any evidentiary ‘hearing and without making any final adjudication of fact or law, finds as follows: i ‘The Respondent is subject to the Mississippi Air and Water Pollution Control Law, Miss. Code Ann. §§ 49-17-1 et seq., and the rules and regulations of the Mississippi Commission on Environmental Quality (Commission), including Wastewater Regulations for National Pollutant Discharge jon System (NPDES) Permits, Underground Injection Control (UIC) Permits, Water Quality Based Effluent Lirutations, and Water Quality Certification, 11 Miss. ‘Admin, Code Pt 6, Ch. 1; Air Emission Regulations for the Prevention Abatement, and Control of Air Contaminants, || Miss. Admin. Code Pt. 2, Ch. 1; and Ambient Air Quality Standards, 1? Miss. Adi Code Pt. 2, Ch. 4. Aup 7523, : exraozamnoe Page ters EXHIBIT =f CED2 On October 6, 2016, MDEQ received a complaint that Respondent was discharging, industrial wastewater into the City of Brandon's municipal sewer system from its industrial facility located at 817 North College Street, Brandon, Mississippi, without a permit. On March 31,2017, ‘MDE initiated an enforcement action through the issuance of a Notice of Violation related to this, discharge and other storm water discharge violations discovered during MDEQ’: the complaint, During, the investigation of the unpermitted discharges into the City of Brandon's municipal sewer system, MDEQ discovered that Respondent was also discharging industrial ‘wastewater into the City of Pelehetchie’s municipal sewer system from its industrial facility located at 817 North College Steet, Brandon, Mississippi without a permit. On May 7, 2019, MDEQ issued a Notice of Violation for these discharges. ‘On October 24, 2017, MDEQ inspected Rebel High Velocity Sewer Services located at 333 Wilmington Street, Jackson, Mississippi. This inspection revealed that the facility was receiving industrial westewater from Respondent and disposing of it into the City of Jackson's I sewer system. On October 27, 2017, the Commission issued Order No. 6805-17 directing Respondent to cease and desist sending its wastewater to Rebel High’ Velocity Sewer Services. Order No. 6805-17 also prohibited Respondent from disposing of its wastewater at any {facility located within the state of Mississippi that could not demonstrate the ability to properly ‘and legally process and dispo.e of such wastewater. Order No. 6805-17 specifically prohibited Respondent from disposing of its wastewater at any facility located within the state of Mississippi ‘without written approval from MDEQ approving such disposal. Furthermore, Order No. 6805-17 required Respondent to maintain and submit documentation of the proper disposal of their investigation of uni ‘wastewater. ‘On December 20, 2017, MDEQ issued a Notice of Violation to Respondent for inadequate, Jate, and missing submitals of the docunientation of the proper disposal of their wastewater. On October 31,2019, MDEQ issued an Amended end Combined Notice of Violation summarizing all of the violations listed above, None of the above enforcements have been fully resolved. ar75323 ‘Beraaoooos age 2 0f8 cere3. ‘On April 18, 2018, Respondent submitted an Application for a State Operating Permit to MDEQ requesting the issuance of a permit for a wastewater treatment site in Rankin County, Mississippi (the “Renkin County Wastewater Treatment Site"). Respondent submitted a letter dated January 15, 2019, in response to MDEQ-issued information request. Respondent subsequently submitted a revised permit application on August 5, 2019. Maps and a series of calculations dated August 2, 2019, were included with this revised permit application. The letter dated January 15, 2019; the August 2, 2019, attachments; and the August 5, 2019, revised permit, ‘application are collectively known as the “Land Application Plan.” The Land Application Plan provided for wastewater from Respondent's industrial facility in Brandon, Mississippi, to be disposed of at the Rankin County Wastewater Treatment Site in an aerated lagoon at an average rate of 15,000 gallons per day followed by irrigation at a rate of 270,000 gallons per week during. ‘the months of June through October. On August 13, 2019, the Mississippi Environmental Quality Permit Board issued Permit No. MSU218003 to Respondent. On October 4, 2019, an inspection of the Renkin County Wastewater Treatment Site revealed storm water violations occurring during the construction of the lagoon. On October 15, 2019, MDEQ issued a Notice of Violation for these storm water violations. An inspection by MDEQ staff on June 12, 2020, of the Rankin County Wastewater ‘Treatment Site revealed that Respondent had not installed the electrical lines to the aerators; that Respondent had not installed and was not operating the aerators; and that Respondent had not installed the required depth markers in the lagoon. MDEQ further noted the detection of odors from the lagoon both on- and off-site, On July 20, 2020, MDEQ issued a Notice of Violation for these violations. ‘On July 20, 2020, after eight months of disposing wastewater into the unaerated lagoon, Respondent began operation of the aerators atthe Rankin County Wastewater Treatment Site, an ‘operation that should have begun ator near the time wastewater was fist introduced to the lagoon. Emergency personnel responded to the scene when persons present during the initiation of aerator operation became ill, An investigation revealed that those individuals were exposed to hydrogen sulfide gas coming from the lagoon. Upon information and belief, at least one person was transported to the hospital. At the request of MDEQ, Respondent began monitoring the site and atz075303 ‘Sarazanaoe Meee ot censurrounding area for hydrogen sulfide gas. On or about July 21, 2020, the air monitors detected hydrogen sulfide gas at concentrations as high as 58 ppm near the lagoon, which exceeds the 10 ‘minute-Emergency Exposure Guidance Level of $0 ppm. MDEQ has required Respondent to alter its operations to mitigate these occurrences. MDEQ also received ador complaints and/or MDEQ staff noted strong odors coming from the Rankin County Wastewater Treatment Site on at least eleven occasions in 2020: May 8, June 11, June 18, July 13, July 20, July 31, August 3, August 24, August 26, August 27, and September 8. On August 12, 2020, MDEQ issued a Notice of Violation for violation of the nuisance odor regulation (11 Miss, Admin. Code, Pt. 2, Ch. 4). In addition, MDEQ has received complaints of an inerease in flying insects around the lagoon and surrounding properties. None of the above enforcements have been fully resolved. Finally, on August 30, 2020, the Mississippi Emergency Management Agency notified MDEQ that Respondent had released approximately 418,000 gallons of wastewater from the Rankin County Wastewater Treatment Site. This release traveled onto neighboring properties and into nearby creeks, resulting in a fish kill, On September 2, 2020, MDEQ issued a Water Contact ‘Advisory for Dry Creek in Rankin County asa result ofthis discharge. ‘The events at the Rankin County Wastewater Treatment Site described above resulted in the following violations: ‘A. Respondent did piace or cause to be placed wastes in a location where they are likely to cause pollution of any waters ofthe state in violation of Miss. Code Ann. § 49-17-29(2)(a). B. Respondent did discharge wastewater from the facility into waters of the state in violation of condition T-2 of its State Operating Permit MSU218003. C. Respondent did have an unauthorized bypass in violation of condition T-13 of its State Operating Permit. D. _ Respondent did apply wastewater during times of rainfall, when heavy rainfall was expected, or after soil had reached saturation in vic Permit. jon of condition T-1 of its State Operating E. Respondent filled to operate its land application system in accordance with the Land Application Plan in violation of condition T-2 of its State Operating Permit. ups xramoecoeF. Respondent failed to operate properly its aerators for a period of eight months in violation of condition T-9 of its State Operating Permit. G. Respondent failed to halt, reduce or otherwise control discharge of wastewater into the lagoon when the primary source of power to the aerators was unavailable in violation of condition T-15 of its State Operating Permit. H. Respondent has failed to control odors from the site in violation of 11 Miss. ‘Admin, Code Pt. 2, R. 1.3.C, and [1 Miss. Admin, Code Pt. 2, Ch. 4, 4 Premises considered, the Executive Director finds that the Respondent is in violation of Miss. Code Ann. § 49-17-28, the conditions ofits Permit as outlined above, 1! Miss. Admin. Code Pr. 2, R, 1.3.Cand 11 Miss. Admin. Code Pt. 2, Ch. 4, The Executive Director further finds Respondent hes demonstrated an apparent inability or lack of willingness to comply with its Permit, as well as applicable laws and regulations, and the inability or fack of willingness to operate properly the permitted facility. IT IS, THEREFORE, ORDERED, under the authority of Miss. Code Ann. § 49-2-13, that Respondent shall immediately cease and desist sending its wastewater to the Rankin County Wastewater Treatment Site until such time that MDEQ issues written approval for Respondent to resume disposal of Respondent's wastewater at the Site, (TIS, THEREFORE, FURTHER ORDERED, under the authority of Miss. Code Ann. § 49.2-13, that Respondent shall not irigate its wastewater at the Rankin County Wastewater ‘Treatment Site without scheduling such irigation activities and receiving approval from MDEQ's Environmental Compliance and Enforcement Division. IT IS, THEREFORE, FURTHER ORDERED, under the authority of Miss, Code Ann. § 49-2-13, that Respondent shall, within two (2) weeks of the date of this Order, submit to MDEQ for review and approval a plar. to profile the wastewater in the lagoon. This plan should address the constituents present in the lagoon and their concentrations at Various locations and depths of the lagoon. ITIS, THEREFORE, FURTHER ORDERED, under the authority of Miss. Code Ann. § 49-2-13, that Respondent shall, within two (2) weeks of the date of this Order, submit to MDEQ. anisms ‘Sanzoano8 age Sor cDfor review and approval a vector control plan. IT IS, THEREFORE, FURTHER ORDERED, under the authority of Miss. Code Ann. § 49-2-13, that Respondent shall, within two (2) weeks of the date of this Order, submit to MDEQ for review and approval a supplemental odor control plan. This plan should address additional ‘measures that can be added to the system to eliminate nuisance odors (i.e, additional and/or different types of aerators/diffusers, chemical and/or biological additives, removal of wastewater from site, etc). IT 1S, THEREFORE, FURTHER ORDERED, under the authority of Miss. Code Ann. § 49-2-13, that Respondent shall, within two (2) weeks of the date of this Order, install a depth marker in the lagoon as required by its Permit. The depth marker shall provide a visible indication of the available freeboard. In addition, Respondent shall, within two (2) weeks of the date of this (Order, submit to MDEQ a drawing of the as-built lagoon indicating the estimated volume of the ‘water contained in the lagoon at every foot of depth. IT 1S, THEREFORE, FURTHER ORDERED, under the authority of Miss. Code Ann. § 49-2-13, that Respondent shall maintain a sufficient freeboard, but at no time less than three feet, to ensure no discharge shall occur from the lagoon. ITIS, THEREFORE, FURTHER ORDERED, under the authority of Miss. Code Ann. § 49-2-13, that the terms of Order No. 6805-17 remain in effect. Respondent shall not dispose of their wastewater at any facility located within the state of Mississippi that cannot demonstrate the ability to properly and legally process and dispose of such wastewater. Such demonstration shall include written approval from MDEQ explicitly approving disposal of Respondent's wastewater. Documentation of the proper disposal of such wastewater shall be maintained by the Respondent and submitted to MDEQ on the frst day of ench calendar month. se Nothing contained in this Order shall limit the rights of MDEQ or the Commission to take enforcement or other actions or to levy fines, penalties, or other sanctions for violations addressed herein, for violations not addressed herein, or for future violations of environmental laws, rules, and regulations. aupasia Seracnecaoe agers cep6. If aggrieved by this Order, Respondent may request a hearing before the Commission by filing a swom petition with the Commission within thirty (30) days after the date of this Order by the manner set forth in Miss, Code Ann, § 49-17-41. an 75am ‘eeezoae Paget ott cepORDERED, this the_118h day of Septembe4 2020, MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY CRRIS WELLS INTERIM EXECUTIVE DIRECTOR MISSISSIPPI] DEPARTMENT OF ENVIRONMENTAL QUALITY anp7s23 xrzaaccane Page Bort CEDBEFORE THE MISSISSIPPI COMMISSION ‘ON ENVIRONMENTAL QUALITY MISSISSIPPI COMMISION ON ENVIRONMENTAL QUALITY Ee 7074 206 vs. ORDER NO. GOLD COAST COMMODITIES, INC. 817 NORTH COLLEGE STREET BRANDON, MISSISSIPPI 39042 RESPONDENT ORDER The above captioned cause came before the Executive Director of the Mississippi Department of Environmental Quelity (MDEQ) this day for ex parte consideration under the authority of Miss. Code Ann. § 49-2-13, and the Executive Director, having heard and considered the evidence herein, and having determined that an Order should issue prefatory to any evidentiary hearing and without making any final adjudication of factor law, finds as follows: L The Respondent is subject to the Mississippi Air and Water Pollution Control Law, Miss, Code Ann, §§ 49-17-1, et seq, and the rules and regulations of the Mississippi Commission on Environmental Quality (Commission), including Wastewater Regulations for National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations, and Water Quality Certification, 11 Miss. Admin. Code Pt. 6, Ch. 1; Air Emission Regulations for the Prevention Abatement, end Control of Air Contaminants, 11 Miss. Admin, Code Pt. 2, Ch. 1; and Ambient Air Quality Standards, 11 Miss. Admin, Code Pt. 2, Ch. 4. 2 Respondent operates a wastewater treatment site in Rankin County, Mississippi (the “Rankin County Wastewater Treatment Site” or “Site”) pursuant to Permit No, MSU218003. The iors : eee eu EXHIBIT, oe 1 BOS Shins etSite consists ofa lagoon and two land application arees. On September 11, 2020, the Commission issued Order No. 7069-20 to Respondent. Pursuant to this Order, Respondent was required, among ‘other things, to submit by September 25, 2020, a plan to MDEQ for review and approval to control ‘vectors and odors at the Site, The odor control plan was to include additional measures to those ‘currently utilized at the Site, On September 18, Respondent provided an Operations Plan in response to the Order, Respondent's Operations Plan to control odors included the addition of a fifth serator. On September 18, Sam Hardin of Clearwater Consultants, on behalf of Respondent, stated that “recent reports from nearby residents indicate the odor hes already been substantially mitigated.” On September 22, Sam Hardin reported that the five aerators had been in continuous operstion since September 18 and that “{o]dors have been drastically mitigated.” Respondent's Operations Plan to control vestors included spraying an insecticide atthe Site. On September 22, Sam Hardin stated thatthe insecticide had been epplied once already, would be applied again on September 24, and that “{mJajor improvements have also been observed regarding the presence of Vectors due to application of insecticide.” Despite these assertions, MDEQ staff detected nuisance odors and vectors at the locked ‘ate entrance to the lagoon as well as off-site at a neighboring residence on September 23. On September 24, MDEQ provided comments to the Operations Plan and requested a complete response to the Order and the comments by September 25. On September 25, Sam Hardin e- mailed MDEQ with the same assertions as previously provided, specifically that the insecticide provided significant improvement and that the running of five aerators had resulted in a “drastically less potent and offensive” odor. ‘Since the issuance of Order 7069-20, MDEQ has continued to receive both odor and vector ‘complaints from citizens. In addition, on September 28, MDEQ staff conducted on inspection of the Site, Staff noted that directly downwind of the lagoon “odor was very prominent, nuisance level.” Staff also noted that “there was a plague-like level of flies.” According to staf, the odor and vectors (flies) continued and “were very noticeable” from the lagoon to Dry Creek which is a distance of approximately 2,190 feet. Staff also drove around the lagoon on public roads and reported nuisance level odors as far as 5,000 feet downwind of the lagoon. aus iErnoneocos Page Zor eceD3. Premises considered, the Executive Director finds that the Respondent is in violation of Miss, Code Ann. § 49-17-29, the conditions of its Permit as outlined above and in Order No. 7069- 20, 11 Miss, Admin, Code Pt, 2, R. 1.3,C.and 11 Miss, Admin, Code Pt. 2, Ch. 4. The Executive Director further finds Respondent has demonstrated an apparent inability or lack of willingness to comply with its Permit, as well as applicable laws and regulations, and the inability or lack of ‘willingness to operate properly the permitted facility. IT IS, THEREFORE, ORDERED, under the authority of Miss. Code Ann. § 49-2-13, that Respondent shall remove and dispose of all wastewater from the lagoon at the Rankin County ‘Wastewater Treatment Site within sixty (60) days of the date of this Order. Respondent shall submit a removal and disposal plan to MDEQ for review and approval within ten (10) days of the date of this Order. This plan shall include the transportation company(s), logistics, the disposal location of the wastewater, and a projected removal schedule required to meet the removal deadline of sixty (60) days. IT IS, THEREFORE, FURTHER ORDERED, under the authority of Miss. Code Ann. § 49-2-13, that the terms of Order No. 6805-17 remain in effect. Respondent shall not dispose of their wastewater at any facility located within the state of Mississippi that eannot demonstrate the ability to properly and legally process and dispose of such wastewater. Such demonstration shall include written approval from MDEQ explicitly approving disposal of Respondent's wastewater. Documentation of the proper disposal of such wastewater shall be maintained by the Respondent and submitted to MDEQ on the first day of each calendar month. 4 ‘Nothing contained in this Order shall limit the rights of MDEQ or the Commission to take enforcement or other actions or to levy fines, penalties, or other sanctions for violations addressed herein, for violations not addressed herein, or for future violations of environmental laws, rules, and regulations. ano 7533 Exerzoovos Pages ord ced,5, If aggrieved by this Order, Respondent may request a hearing before the Commission by filing a sworn petition with the Commission within thirty (30) days after the date of this Order by the manner set forth in Miss, Code Ann. § 49-17-41. ot ORDERED, this the_[ day of Chtalae_, 2020, MISSISSIPPI COMMISSION ON ENVIRONMENTAL QUALITY Sa BY: ARIS WELLS INTERIM EXECUTIVE DIRECTOR MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY auD7ss03 ‘rernoneo004 Pgs reoVERIFICATION OF ROBERT DOUGLAS. Robert Douglas, first being sworn. testifies as follows: L My name is Robert Douglas. | am an adult resident citizen of Rankin County, Mississippi. I am competent to testify to the matters set out in this verification, as 1 have personal knowledge of each such matter. 2 Tam the Vice President of Gold Coast Commodities, Inc, a Mississippi corporation. | have today signed a sworn petition on behalf of Gold Coast Commodities. Inc., appealing the Orders No, 7069-20 and 7074-20, entered by the Interim Executive Director of the Mississippi Department of Environmental Quality in the matter of Mississippi Commission on Environmental Quality vs. Gold Coast Commodities. Ine. U submit this Verification to swear to the accuracy of the contents of that petition. I verity, in my capacity as Vice President of Gold Coast Commodities, Inc. and on its behalf, that the contents of my swom petition in this matter, consisting of five pages plus exhibits, are true and accurate. Respectfully submitted, COUNTY OF RANKIN : STATE OF MISSISSIPPI SWORN TO AND SUBSCRIBED before me, this the [4 day of October, 2020. My commission expires: SEAL