Titan Tire of Natchez, Inc. v. Miss. Comm'n. on Envtl. Quality
| Docket Number: | 2003-CC-01213-SCT Linked Case(s): 2003-CC-01213-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-02-2004 Opinion Author: Cobb, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Environmental quality - Violation of National Pollutant Discharge Elimination System permit Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 05-23-2003 Appealed from: Hinds County Chancery Court Judge: Denise Owens Disposition: The Mississippi Commission on Environmental Quality found Titan in violation of the permit and fined it $5,000. Case Number: G-2003-143 0/3 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Titan Tire of Natchez, Inc. |
LAURA L. GIBBES
KEITH W. TURNER |
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| Appellee: | Mississippi Commission on Environmental Quality | KELLY RENEE’ RILEY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Environmental quality - Violation of National Pollutant Discharge Elimination System permit |
| Summary of the Facts: | The Mississippi Department of Environmental Quality issued a written complaint to Titan Tire of Natchez, Inc. asserting that between the years of 1999 and 2000, Titan violated its National Pollutant Discharge Elimination System permit sixteen times. Titan was granted an evidentiary hearing before the Mississippi Commission on Environmental Quality, and the Commission found Titan in violation of the permit and fined it $5,000. Titan appealed to chancery court which affirmed. Titan appeals. |
| Summary of Opinion Analysis: | The Commission was presented with discharge monitoring reports submitted by Titan indicating that Titan had exceeded the limits contained in the NPDES permit. A permit has been violated when maximum limitations contained in the permit have been exceeded. Between April 1999 and December 2000, Titan violated the NPDES permit 16 times. Therefore, there was substantial evidence of a violation presented to the Commission, and the Commission’s decision was not arbitrary or capricious. Titan argues that MDEQ enforced penalties against only Titan, while the agency failed to take any action against an adjacent facility. However, Titan has not demonstrated that it was singled out, nor that it was selected for prosecution based upon protected classifications. |
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