The Mississippi Commission on Environmental Quality (“MCEQ”) has finalized an Agreed Order (AO) with JS, LLC, the owner and operator of a construction project in Tupelo, Mississippi, over alleged violations of the state’s stormwater regulations. The action was formalized on February 19, with the AO identified as Order No. 7459 25.

At the center of the enforcement action is the Scruggs Commons development, a large-scale construction site under JS, LLC’s management. The company had previously been issued a Certificate of Permit Coverage under the Large Construction Storm Water General NPDES Permit (“Permit”), authorizing them to conduct regulated land disturbing activities on designated acreage within the site.

However, compliance concerns were raised when JS submitted a Major Modification Form on September 18, 2024, to the Mississippi Department of Environmental Quality (MDEQ). The form notified the agency of JS’s intent to disturb an additional 32.93 acres at the Scruggs Commons site—an expansion requiring updated permit coverage.

In response, MDEQ conducted a Compliance Evaluation Inspection on October 31, 2024, to verify adherence to the terms of the permit. The inspection revealed that JS had already begun construction activities on approximately 10.44 acres of unpermitted land, thereby violating permit conditions.

According to the Agreed Order, MDEQ identified the following violations during its inspection:

• Conducting land disturbing activities without coverage under Mississippi's Large Construction Storm Water General Permit for land disturbances of five or more acres.
• Failure to record and maintain staff training records, in violation of Act 5 T-21 of the Permit.

Following the inspection, JS submitted the required staff training records on December 30, 2024, and was later issued modified permit coverage on January 30, aligning with the acreage specified in its previously submitted Major Modification Form.

Despite eventually bringing its documentation and permit status into compliance, JS was assessed a civil penalty of $10,200.00 for the violations. The Agreed Order serves as both a settlement of the enforcement action and a formal record of JS’s corrective actions.

This case underscores the importance of maintaining up-to-date permitting and proper compliance records for stormwater management, especially under the National Pollutant Discharge Elimination System (NPDES) framework, which governs how construction sites manage runoff and sedimentation during active development.

The Scruggs Commons development, like many large construction projects, poses potential environmental risks if erosion and runoff controls aren’t carefully managed—particularly in growing urban regions like Tupelo. Enforcement actions like this one serve to remind contractors and developers that timely compliance is not optional and that self-reporting must be paired with proactive permit adjustments.

While the situation appears resolved through the Agreed Order, further monitoring and continued compliance will likely remain a priority for MDEQ as site development continues.

Originally reported by JDSUPRA.