State of Mississippi

TATE REEVES
Governor
MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY
CHRIS WELLS, EXECUTIVE DIRECTOR

November 13, 2023

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND EMAIL

Honorable Chokwe Antar Lumumba, Mayor

City of Jackson
219 President Street
Jackson, MS 39205

Re: City of Jackson

Failure to Provide Solid Waste Collection Services
Notice of Violations and Commission Hearing

Dear Mayor Lumumba:

Pursuant to Miss. Code Ann. §§ 17-17-2, 17-17-29, 49-2-9, 49-2-13, 49-17-29, 49-17-31, 49-17-
33, and 49-17-43, the Mississippi Commission on Environmental Quality (“Commission”) hereby
causes this written complaint and notice of hearing to be served on the City of Jackson.

As per Miss. Code Ann. § 17-17-5, municipal governing bodies in the state of Mississippi must
provide for the collection and disposal of garbage and the disposal of rubbish. Furthermore, Miss.
Code Ann. § 17-17-227(3) and (7) requires the submittal of a solid waste management plan and
implementation of the approved plan. The Commission, by Order No. 3448-97, approved the City
of Jackson’s Solid Waste Management Plan on May 22, 1997 (the “Plan”).1 Under the approved
Plan, a contracted waste management company was to provide curbside collection of residential
and certain municipal garbage and hauling of that garbage to a state approved sanitary landfill for
disposal.2 On or about April 1, 2023, the City of Jackson ceased providing curbside garbage
collection services. Such services did not resume until on or about April 19, 2023.

Subsequent to the suspension of curbside garbage collection service, the City of Jackson provided
a “Solid Waste Collection Action Plan” dated April 5, 2023, to the Mississippi Department of
Environmental Quality (MDEQ) and established temporary waste drop-off locations at the former

1
The Commission has subsequently approved, as recently as 2023, amendments to the Solid Waste Management Plan
to address issues which are not relevant to this complaint.
2
The City of Jackson has since proposed a new solid waste management plan which provides the same mechanism
for the collection and disposal of garbage: curbside collection and hauling of residential and certain municipal garbage
by a contractor. The proposed plan also includes provisions for the collection and hauling of bulky items and yard
debris.

POST OFFICE BOX 2261 • JACKSON, MISSISSIPPI 39225-2261 • TEL: (601) 961-5000 • FAX: (601) 961-5794 • www.mdeq.ms.gov
Facebook: @mdeq.ms • Twitter: @MDEQ • Instagram: @MDEQ
AN EQUAL OPPORTUNITY EMPLOYER
Metrocenter Mall and the City’s Class I Rubbish Site located in Byram. These temporary waste
drop-off locations initially operated Thursday-Friday (8:00 a.m. – 2:00 p.m.) at Metrocenter Mall
and Saturday (8:00 a.m. – 3:00 p.m.) at the rubbish site each week until an alternate method of
waste collection could be re-established by the City. Thursday, April 6, 2023, was the first day of
temporary drop-off collection. In its Notice of Violation dated April 7, 2023, MDEQ notified the
City of Jackson that the “Solid Waste Collection Action Plan” was inadequate for the collection
and disposal of garbage.

Furthermore, inspections conducted by MDEQ on Friday, April 7, 2023, throughout the City of
Jackson confirmed that the City’s failure to provide curbside garbage collection resulted in garbage
and other solid waste being dumped, stored, stockpiled, and otherwise placed curbside and in
streets.

Consequently, on the days from April 1, 2023, until April 18, 2023, the City of Jackson failed to
provide for the collection and disposal of garbage in violation of Miss. Code Ann. § 17-17-5,
caused wastes to be placed in locations where they were likely to cause pollution of the air and
waters of the state in violation of Miss. Code Ann. § 49-17-29(1)(a) and (2)(a), and failed to
implement its Solid Waste Management Plan in violation of Miss. Code Ann. § 17-17-227.

Pursuant to Miss. Code Ann. § 49-17-31, MDEQ is providing this complaint of the violations to
be presented during an evidentiary hearing at the time and place specified herein. During this
hearing, MDEQ will recommend the assessment of penalties. Should the Commission find that
violations have occurred, the City of Jackson is subject to civil penalties pursuant to Miss. Code
Ann. §§ 17-17-29 and 49-17-43. The City of Jackson and appropriate representatives are hereby
notified to appear at 9:00 am on Thursday, January 25, 2024, in the Hearing Room of the
Commission located at 515 E. Amite Street, Jackson, Mississippi where the substance of this
complaint will be heard by the Commission in accordance with Miss. Code Ann §§ 49-17-31 and
49-17-33.

If you have any questions, please contact Gretchen Zmitrovich at (601) 961-5050.

Sincerely,

Chris Wells
Executive Director

cc: Mr. Ashby Foote, Ward 1

Ms. Angelique C. Lee, Ward 2
Mr. Kenneth I. Stokes, Ward 3
Mr. Brian C. Grizzell, Ward 4
Mr. Vernon W. Hartley, Sr., Ward 5
Mr. Aaron Banks, Ward 6
Ms. Virgi Lindsay, Ward 7
Ms. Torri Martin, City Attorney