Miss. Code Ann. § 53-9-25 — MS Code / Title 53 / Chapter 1 / Section 9-25
Miss. Code Ann. § 53-9-25
Status: in_force

(1) Each application for a permit shall be submitted in a manner satisfactory to the permit board and shall contain:

(a) Information about the owners of all interests in the property to be mined, the owners of record of all surface and subsurface areas adjacent to any part of the permit area, the applicant and the operator, the organization of and business of the applicant, including, but not limited to, information regarding the ownership and names and addresses of directors, partners, officers and resident agents, the previous experience and performance history of the applicant in surface coal mining; a statement of whether the applicant, subsidiary, affiliate or persons controlled by or under common control with the applicant has held a mining permit which in the five-year period before the initial filing of this application has been suspended or revoked or under which the performance bond or deposit has been forfeited; a description of the proposed mining operation, including maps or plans, the watershed into which surface and pit drainage will be discharged, significant climatological factors and soil surveys; and any other information as the permit board or commission by regulation may require consistent with the federal act.

(b) A determination of the probable hydrologic consequences of the surface coal mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and ground water systems. The determination shall include, but not be limited to, an estimate of the dissolved and suspended solids under seasonal flow conditions, and the collection of sufficient data from the mine site and surrounding areas so that an assessment can be made by the permit board of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability. This determination shall not be required until hydrologic information on the general area before mining is made available from an appropriate federal or state agency, but the permit shall not be issued until that information is available and is incorporated into the application; and

(c) A statement of the result of test borings or core samplings from the permit area. The statement shall include, but not be limited to, logs of the drill holes, the thickness of the coal seam found, an analysis of the chemical properties of the coal, the sulphur content of any coal seam, chemical analysis of potentially acid or toxic forming sections of the overburden, and a chemical analysis of the stratum lying immediately underneath the coal to be mined. This paragraph may be waived by the permit board with respect to the specific application by a written determination that the requirements are unnecessary.

(2) In addition to the information required by the permit board under subsection (1) of this section, each applicant for a permit shall submit to the permit board as part of the permit application the following:

(a) A reclamation plan which meets the requirements of this chapter and regulations promulgated under this chapter;

(b) A certificate issued by an insurance company authorized to do business in the United States certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operations for which the permit is sought, or in the alternative, evidence that the applicant has satisfied other state or federal self-insurance requirements. Any policy shall provide for personal injury and property damage protection in an amount determined by the permit board to be adequate to compensate any persons damaged as a result of surface coal mining and reclamation operations, including use of explosives, and entitled to compensation under applicable state law. The policy shall be maintained in full force and effect during the term of the permit and any reissuance, including the length of all reclamation operations.

(c) A blasting plan which outlines the procedures and standards by which the operator will meet the regulations promulgated under this chapter.

(3) The applicant shall file with the permit application a list showing any administrative order or notice of violation issued under this chapter, or any law of any state or the United States, or any rule or regulation of any department or agency of any state or the United States, related to air or water environmental protection incurred by the applicant in connection with any surface coal mining operation during the three-year period immediately preceding the filing date of the initial application. The list shall also indicate the final resolution of any notice of violation or administrative order. If the list or other information available to the permit board indicates that any surface coal mining operation owned or controlled by the applicant is currently in violation of this chapter or any other laws referred to in this subsection, the permit shall not be issued until the applicant submits proof that the violation has been corrected or is in the process of being corrected to the satisfaction of the department or agency of any state or the United States which has jurisdiction over the violation. No permit shall be issued to an applicant following a finding by the permit board, after opportunity for a formal hearing, that the applicant, or the operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violations of any law, rule or regulation of any state or the United States, or any department or agency of any state or the United States, related to air or water environmental protection in connection with any surface coal mining operation and which is of a nature and duration with resulting irreparable damage to the environment to indicate an intent not to comply with this chapter.
Miss. Code Ann. § 53-9-43 — MS Code / Title 53 / Chapter 1 / Section 9-43
Miss. Code Ann. § 53-9-43
Status: in_force

(1) Information submitted to the department, commission or permit board concerning trade secrets or privileged commercial or financial information relating to the competitive rights of an applicant and which is specifically identified as confidential, shall not be available for public examination and shall not be considered as a public record if:

(a) The applicant submits a written confidentiality claim to the commission before the submission of the information; and

(b) The commission determines the confidentiality claim to be valid.

(2) The confidentiality claim shall include a generic description of the nature of the information included in the submission. The commission shall promulgate rules and regulations consistent with the Mississippi Public Records Act regarding access to confidential information. Any information for which a confidentiality claim is asserted shall not be disclosed pending the outcome of any formal hearing and all appeals.

(3) Any person knowingly and willfully making unauthorized disclosures of any information determined to be confidential shall be liable for civil damages arising from the unauthorized disclosure and, upon conviction, shall be guilty of a misdemeanor and shall be fined a sum not to exceed One Thousand Dollars ($1,000.00) and dismissed from public office or employment. This section is supplemental to remedies for misappropriation of a trade secret provided in the Mississippi Uniform Trade Secrets Act.
Miss. Code Ann. § 53-7-43 — MS Code / Title 53 / Chapter 7 / Section 7-43
Miss. Code Ann. § 53-7-43
Status: in_force

(1) Applications for the modification, transfer or reissuance of any surface mining permit issued under this chapter may be filed with the department. The Permit Board may modify any surface mining permit to increase or decrease the permit area and shall require an increase in the performance bond and a modified reclamation plan for any expanded area.

(2) Any permit issued under this chapter shall carry with it the right of successive reissuance upon expiration for areas within the boundaries of the existing permit. The operator may apply for reissuance and that permit shall be reissued, except as provided in this subsection. On application for reissuance the burden of proving that the permit should not be reissued shall be on the opponents of reissuance or the department. If the opponents to reissuance or the department establish and the Permit Board finds, in writing, that the operator is not satisfactorily meeting the terms and conditions of the existing permit or the present surface mining and reclamation operation is not in compliance with this chapter and the rules and regulations issued under this chapter, the Permit Board shall not reissue the permit.

(3) Any permit reissuance shall be for a term not to exceed the term of the original permit established by this chapter. Application for permit reissuance shall be filed with the Permit Board at least sixty (60) days before the expiration of the permit. If an application for reissuance is timely filed, the operator may continue surface mining operations under the existing permit until the Permit Board takes action on the reissuance application.
Miss. Code Ann. § 53-9-107 — MS Code / Title 53 / Chapter 7 / Section 9-107
Miss. Code Ann. § 53-9-107
Status: in_force

(1) If the commission issues an order making a finding in writing with supporting facts that:

(a) Land or water resources have been adversely affected by past coal mining practices;

(b) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken;

(c) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known or readily available;

(d) The owners will not give permission for the state or its agents, employees, or contractors to enter upon their property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices; then, thirty (30) days after giving notice by mail to the owners if known or if not known, by posting notice on the premises and advertising once in a newspaper of general circulation in the municipality or county where the land lies, the executive director, his agents, employees, or contractors shall have the right to enter upon the property adversely affected by past coal mining practices and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects if the landowner does not file an objection with the commission. If, within the thirty-day notice period, the landowner files an objection with the commission, the commission will schedule a hearing on the matter to be conducted under Section 49-17-41 . After a hearing on the matter, the commission will issue an order including findings of facts and conclusions of law, which, if adverse to the landowner, may be appealed under Section 49-17-41 . Such entry, if ordered by the commission, shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property or of trespass. The funds expended for this work and the benefits accruing to the premises entered on shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any alleged damages by virtue of such entry. This provision is not intended to create new rights of action or eliminate existing immunities.

(2) The commission, its agents, employees, or contractors shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal and noncoal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property or trespass.
Miss. Code Ann. § 53-1-29 — MS Code / Title 53 / Chapter 1 / Section 1-29
Miss. Code Ann. § 53-1-29
Status: in_force

Any interested person shall have the right to have the board call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the board by making a request therefor in writing. Upon the receipt of any such request, the board promptly shall call a hearing thereon, and, after such hearing and with all convenient speed, and in any event within thirty (30) days after the conclusion of such hearing, shall take such action with regard to the subject matter thereof as it may deem appropriate.
Miss. Code Ann. § 53-11-23 — MS Code / Title 53 / Chapter 11 / Section 11-23
Miss. Code Ann. § 53-11-23
Status: in_force

(1)(a) The board is authorized to adopt regulations within its jurisdiction to assess sequestration fees that shall be subject to the approval of the Legislature.

(b) Any monies collected shall be used exclusively: (i) to pay the expenses and other costs connected with administration and enforcement of this chapter and the rules, regulations and orders of the board pursuant to this chapter; and (ii) to fund the Carbon Dioxide Storage Fund established in this chapter.

(c) Any per-ton fee shall first be applied to the administration and enforcement costs of the board's activities required or authorized by this chapter, and any amount exceeding those costs shall be transferred to a separate special fund of the State Oil and Gas Board which is hereby created and is to be known as the Carbon Dioxide Storage Fund.

(d) Transfers to the Carbon Dioxide Storage Fund from the per-ton fees shall be made monthly. Transfers from excess funds collected under subsection (1)(c) of this section may be made at any time in the fiscal year that the board shall determine appropriate. At the beginning of the following fiscal year after the transfer of the excess funds, the rate or rates to be collected under subsection (1)(c) of this section shall be reduced to reflect the excess from the prior year.

(e) When the balance in the Carbon Dioxide Storage Fund reaches or exceeds Two Million Five Hundred Thousand Dollars ($2,500,000.00) per geologic sequestration facility, the board shall abate the per-ton fee, and may adjust the annual regulatory fee as prescribed herein. The abatement shall be effective at the beginning of the ensuing fiscal year. When the Carbon Dioxide Storage Fund is reduced below Two Million Five Hundred Thousand Dollars ($2,500,000.00) per geologic sequestration facility, the per-ton fee shall again be imposed on all geologic storage operators until such time as the fund shall reach or exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) per geologic sequestration facility. The imposition of the per-ton fee shall be effective at the beginning of the ensuing fiscal year.

(f) Monies in the Carbon Dioxide Storage Fund created in this chapter may be used in the board's discretion but only if inadequate funds are available from responsible parties including the financial assurance funds provided in Section 53-11-27(2) . Monies in the Carbon Dioxide Storage Fund shall only be used for oversight of geologic storage facilities after cessation of injection at the facility and release of the facility's performance bond or other assurance of performance and as shall be necessary or appropriate to satisfy the requirements of the federal Safe Drinking Water Act, including, without limitation, matters with respect to closed facilities such as: (i) inspecting, testing and monitoring of the facility, including remaining surface facilities and wells; (ii) repairing mechanical problems associated with remaining wells and surface infrastructure; and (iii) repairing mechanical leaks at the facility.

(g) The Carbon Dioxide Storage Fund shall be used for the purposes set forth in this chapter and for no other governmental purposes, nor shall any portion of the fund ever be available to borrow from by any branch of government, it being the intent of the Legislature that this fund and its increments shall remain intact and inviolate. Any interest earned on monies in this fund shall remain in this fund and shall not lapse into the General Fund.

(2) To facilitate the proper administration of the Class VI underground injection control program within its jurisdiction, the board is authorized to assess and collect fees from Class VI permit applicants for Class VI underground injection control wells. The board is further authorized to promulgate rules and regulations for the assessment and collection of permit fees for Class VI underground injection control wells within its jurisdiction.
Miss. Code Ann. § 53-11-23 — MS Code / Title 53 / Chapter 3 / Section 11-23
Miss. Code Ann. § 53-11-23
Status: in_force

(1)(a) The board is authorized to adopt regulations within its jurisdiction to assess sequestration fees that shall be subject to the approval of the Legislature.

(b) Any monies collected shall be used exclusively: (i) to pay the expenses and other costs connected with administration and enforcement of this chapter and the rules, regulations and orders of the board pursuant to this chapter; and (ii) to fund the Carbon Dioxide Storage Fund established in this chapter.

(c) Any per-ton fee shall first be applied to the administration and enforcement costs of the board's activities required or authorized by this chapter, and any amount exceeding those costs shall be transferred to a separate special fund of the State Oil and Gas Board which is hereby created and is to be known as the Carbon Dioxide Storage Fund.

(d) Transfers to the Carbon Dioxide Storage Fund from the per-ton fees shall be made monthly. Transfers from excess funds collected under subsection (1)(c) of this section may be made at any time in the fiscal year that the board shall determine appropriate. At the beginning of the following fiscal year after the transfer of the excess funds, the rate or rates to be collected under subsection (1)(c) of this section shall be reduced to reflect the excess from the prior year.

(e) When the balance in the Carbon Dioxide Storage Fund reaches or exceeds Two Million Five Hundred Thousand Dollars ($2,500,000.00) per geologic sequestration facility, the board shall abate the per-ton fee, and may adjust the annual regulatory fee as prescribed herein. The abatement shall be effective at the beginning of the ensuing fiscal year. When the Carbon Dioxide Storage Fund is reduced below Two Million Five Hundred Thousand Dollars ($2,500,000.00) per geologic sequestration facility, the per-ton fee shall again be imposed on all geologic storage operators until such time as the fund shall reach or exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) per geologic sequestration facility. The imposition of the per-ton fee shall be effective at the beginning of the ensuing fiscal year.

(f) Monies in the Carbon Dioxide Storage Fund created in this chapter may be used in the board's discretion but only if inadequate funds are available from responsible parties including the financial assurance funds provided in Section 53-11-27(2) . Monies in the Carbon Dioxide Storage Fund shall only be used for oversight of geologic storage facilities after cessation of injection at the facility and release of the facility's performance bond or other assurance of performance and as shall be necessary or appropriate to satisfy the requirements of the federal Safe Drinking Water Act, including, without limitation, matters with respect to closed facilities such as: (i) inspecting, testing and monitoring of the facility, including remaining surface facilities and wells; (ii) repairing mechanical problems associated with remaining wells and surface infrastructure; and (iii) repairing mechanical leaks at the facility.

(g) The Carbon Dioxide Storage Fund shall be used for the purposes set forth in this chapter and for no other governmental purposes, nor shall any portion of the fund ever be available to borrow from by any branch of government, it being the intent of the Legislature that this fund and its increments shall remain intact and inviolate. Any interest earned on monies in this fund shall remain in this fund and shall not lapse into the General Fund.

(2) To facilitate the proper administration of the Class VI underground injection control program within its jurisdiction, the board is authorized to assess and collect fees from Class VI permit applicants for Class VI underground injection control wells. The board is further authorized to promulgate rules and regulations for the assessment and collection of permit fees for Class VI underground injection control wells within its jurisdiction.
Miss. Code Ann. § 53-9-32 — MS Code / Title 53 / Chapter 9 / Section 9-32
Miss. Code Ann. § 53-9-32
Status: in_force

Upon receipt of a complete application for a surface coal mining and reclamation operation, the state geologist shall prepare a brief written summary of the proposed operation and reclamation. This summary shall be written in language understandable to the general public and shall be made available to the public at the department and at each location where the applicant is required to place a copy of the application for public inspection.
Miss. Code Ann. § 53-1-39 — MS Code / Title 53 / Chapter 1 / Section 1-39
Miss. Code Ann. § 53-1-39
Status: in_force

(a) In addition to other remedies now available, the state, or any interested person aggrieved by any final rule, regulation or order of the board, shall have the right, regardless of the amount involved, of appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, or to the chancery court of the county in which all or a part of appellant's property affected by such rule, regulation or order is situated, which shall be taken and perfected as hereinafter provided, within thirty (30) days from the date that such final rule, regulation or order is filed for record in the office of the board; and the said chancery court may affirm such rule, regulation or order, or reverse same for further proceedings as justice may require. All such appeals shall be taken and perfected, heard and determined either in termtime or in vacation on the record, including a transcript of pleadings and testimony, both oral and documentary, filed and heard before the board, and such appeal shall be heard and disposed of promptly by the court as a preference cause. In perfecting any appeal provided by this section, the provisions of law respecting notice to the reporter and the allowance of bills of exception, now or hereafter in force respecting appeals from the chancery court to Supreme Court shall be applicable. However, the reporter shall transcribe his notes and file the transcript of the record with the board within thirty (30) days after approval of the appeal bond.

(b) Upon the filing with the board of a petition for appeal to the chancery court, it shall be the duty of the board, as promptly as possible, and in any event within sixty (60) days after approval of the appeal bond, to file with the clerk of the chancery court to which the appeal is taken, a copy of the petition for appeal and of the rule, regulation or order appealed from, and the original and one (1) copy of the transcript of the record of proceedings in evidence before the board. After the filing of said petition, the appeal shall be perfected by the filing with the clerk of the chancery court to which the appeal is taken of bond in the sum of Five Hundred Dollars ($500.00) with two (2) sureties or with a surety company qualified to do business in Mississippi as the surety, conditioned to pay the cost of such appeal; said bond to be approved by any member of the board or by the supervisor, or by the clerk of the court to which such appeal is taken. The perfection of an appeal shall not stay or suspend the operation of any rule, regulation or order of the board, but the judge of the chancery court to which the appeal is taken may award a writ of supersedeas to any rule, regulation or order of the board after five (5) days' notice to the board and after hearing. Any order or judgment staying the operation of any rule, regulation or order of the board shall contain a specific finding, based upon evidence submitted to the chancery judge and identified by reference thereto, that great or irreparable damage would result to the appellant if he is denied relief, and the stay shall not become effective until a supersedeas bond shall have been executed and filed with and approved by the clerk of the court or the chancery judge, payable to the state. The bond shall be in an amount fixed by the chancery judge and conditioned as said chancery judge may direct in the order granting the supersedeas.

Appeals of rules, regulations or orders of the board pending in the circuit court prior to July 1, 1988, shall proceed in the circuit court having jurisdiction under the appropriate statutes and rules applicable to such cases in the circuit courts. Appeals of rules, regulations or orders of the board on or after July 1, 1988, shall be perfected in the appropriate chancery court and shall proceed under the statutes and rules applicable to such cases in the chancery courts.
Miss. Code Ann. § 53-1-73 — MS Code / Title 53 / Chapter 1 / Section 1-73
Miss. Code Ann. § 53-1-73
Status: in_force

For the purposes of paying the costs and expenses incurred in connection with the administration and enforcement of the oil and gas conservation laws of the State of Mississippi and of the rules, regulations and orders of the State Oil and Gas Board, there is levied and assessed against each barrel of oil produced in the State of Mississippi a charge not to exceed sixty (60) mills on each barrel of such oil sold, and against each one thousand (1,000) cubic feet of gas produced and sold a charge not to exceed six (6) mills on each one thousand (1,000) cubic feet of gas. The State Oil and Gas Board shall fix the amount of such charge in the first instances, and may, from time to time, change, reduce or increase the amount thereof, as in its judgment the charges against the fund may require, but the amounts fixed by the board shall not exceed the limits hereinabove prescribed; and it shall be the duty of the board to make collection of such assessments. All monies collected shall be used exclusively to pay the expenses and other costs in connection with the functioning of the State Oil and Gas Board and the administration of the oil and gas conservation laws of the State of Mississippi now in force or hereafter enacted and the rules, regulations and orders of the board.
Miss. Code Ann. § 53-9-32 — MS Code / Title 53 / Chapter 7 / Section 9-32
Miss. Code Ann. § 53-9-32
Status: in_force

Upon receipt of a complete application for a surface coal mining and reclamation operation, the state geologist shall prepare a brief written summary of the proposed operation and reclamation. This summary shall be written in language understandable to the general public and shall be made available to the public at the department and at each location where the applicant is required to place a copy of the application for public inspection.
Miss. Code Ann. § 53-1-19 — MS Code / Title 53 / Chapter 1 / Section 1-19
Miss. Code Ann. § 53-1-19
Status: in_force

The board shall prescribe its rules of order or procedure in hearings or other proceedings before it consistent with Title 25, Chapter 43. The board may provide for the recording and preservation of its proceedings by order entered on its minutes.
Miss. Code Ann. § 53-9-19 — MS Code / Title 53 / Chapter 9 / Section 9-19
Miss. Code Ann. § 53-9-19
Status: in_force

(1) No employee of the department performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates this subsection shall, upon conviction, be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) or by imprisonment of not more than one (1) year, or by both.

(2) The commission shall promulgate regulations to establish methods by which this section shall be monitored and enforced, including appropriate provisions for the filing by any employees and the review of statements and supplements thereto concerning any financial interest which may be affected by this section.
Miss. Code Ann. § 53-10-4 — MS Code / Title 53 / Chapter 1 / Section 10-4
Miss. Code Ann. § 53-10-4
Status: in_force

The Mississippi Department of Environmental Quality may pay annually out of funds collected from Surface Coal Mining Permit Fees, or from funds granted to the state by the federal Office of Surface Mining Reclamation and Enforcement, the annual membership dues payable to the Interstate Mining Compact Commission for the membership of the State of Mississippi in that organization.
Miss. Code Ann. § 53-7-21 — MS Code / Title 53 / Chapter 5 / Section 7-21
Miss. Code Ann. § 53-7-21
Status: in_force

(1) Unless exempted under Section 53-7-7 , no operator shall engage in surface mining without having first obtained coverage under a general permit or having obtained from the Permit Board a permit for each operation. The permit or coverage under a general permit shall authorize the operator to engage in surface mining upon the area of land described in the application for a period of either five (5) years or longer period of time as deemed appropriate by the Permit Board from the date of issuance or until reclamation of the affected area is completed and the reclamation bond is finally released, whichever comes first.

(2) Each operator holding a permit shall annually, before the anniversary date of the permit, file with the department a certificate of compliance in which the operator, under oath, shall declare that the operator is following the approved mining and reclamation plan and is abiding by this chapter and the rules and regulations adopted under this chapter.
Miss. Code Ann. § 53-5-23 — MS Code / Title 53 / Chapter 1 / Section 5-23
Miss. Code Ann. § 53-5-23
Status: in_force

The Mississippi Geological, Economic and Topographical Survey may set up a system of priorities for the performance of any of the work authorized in this chapter.
Miss. Code Ann. § 53-7-3 — MS Code / Title 53 / Chapter 3 / Section 7-3
Miss. Code Ann. § 53-7-3
Status: in_force

(1) The Legislature of the State of Mississippi finds and declares that:

(a) Mississippi is endowed with abundant varied natural resources which serve as a source of recreation and economic benefit to our people;

(b) The extraction of materials by surface mining is a significant economic activity and is an integral part of the growth and development of this state;

(c) The process of surface mining necessarily involves the alteration of the face of the land;

(d) The process of surface mining must be accomplished in a manner to reduce the undesirable effects of surface mining to a bare minimum, and to protect and preserve our land which is one of our greatest natural resources; and

(e) The land whose face has been altered by surface mining requires reclamation to prevent permanent damage to surface water and the land so that it may be used by future generations, to protect the safety and welfare of Mississippians, and to preserve available natural resources.

(2) The Legislature, recognizing its duty and obligation to foster the economic well-being of the state and nation, to encourage the development of its natural resources and to preserve the beauty of its lands, declares that the purpose of this chapter is to:

(a) Provide for the regulation and control of surface mining so as to minimize its injurious effects by requiring proper reclamation of surface-mined lands;

(b) Establish a regulatory system of permits and reclamation standards, supplemented by the knowledge, expertise and concerns of mining operators, landowners and the general public which is designed to achieve an acceptable, workable balance between the economic necessities of developing our natural resources and the public interest in protecting our birthright of natural beauty and a pristine environment; and

(c) Establish a regulatory system of uniform standards and procedures to govern the mining and reclamation of land, accepting the proposition that varied types of mining, varied types of materials being mined and varied geographical and ecological areas of this state may require variations in methods of surface mining and reclamation, but any variation shall be designed to restore the affected area to a useful, productive and beneficial purpose.
Miss. Code Ann. § 53-9-27 — MS Code / Title 53 / Chapter 7 / Section 9-27
Miss. Code Ann. § 53-9-27
Status: in_force

Each applicant for a permit shall file, within ten (10) days after filing with the permit board, a copy of its application for public inspection with the clerk of the chancery court of the county or judicial district where the mining is to occur and where real property contiguous to the surface coal mining and reclamation operation is located, if that property is located in more than one (1) county or judicial district. The applicant may omit from its filing information in its permit application pertaining to the quality, depth or width of the coal seam or the location of the coal seam within the permit area included in the application, if that information has been determined to be confidential by the commission under Section 53-9-43 .
Miss. Code Ann. § 53-9-47 — MS Code / Title 53 / Chapter 5 / Section 9-47
Miss. Code Ann. § 53-9-47
Status: in_force

(1) The commission may promulgate regulations regarding the surface effects of underground coal mining operations establishing the following requirements. In promulgating any regulations, the commission shall consider the distinct difference between surface coal mining and underground coal mining. The regulations shall not conflict with the Federal Coal Mine Health and Safety Act of 1969, as amended or any regulation issued under that law.

(2) Each permit issued under this chapter and relating to underground coal mining shall require the operator to:

(a) Adopt measures consistent with known technology to prevent subsidence causing material damage to the extent technologically and economically feasible to maximize mine stability, and maintain the value and reasonably foreseeable use of any surface lands, except in instances where the mining technology used requires planned subsidence in a predictable and controlled manner. Nothing in this subsection shall be construed to prohibit the standard method of room and pillar mining;

(b) Seal all portals, entryways, drifts, shafts or other openings between the surface and underground mine working when no longer needed for the conduct of the mining operations;

(c) Fill or seal exploratory holes no longer necessary for mining, maximizing to the extent technologically and economically feasible the return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or excavations;

(d) Stabilize all waste piles containing mine wastes, tailings, coal processing wastes and other wastes in areas other than the mine workings or excavations created by the permittee from current operations through construction in compacted layers, including the use of incombustible and impervious materials, if necessary;

(e) Assure that the leachate will not degrade surface or ground waters below water quality standards established under applicable federal and state law;

(f) Assure that the final contour of the waste accumulation will be compatible with natural surroundings;

(g) Assure that the site is stabilized and revegetated according to this chapter;

(h) Design, locate, construct, operate, maintain, enlarge, modify, and remove, or abandon, in accordance with the standards and criteria developed by the commission, all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used either temporarily or permanently as dams or embankments;

(i) Establish on regraded areas, and all other lands affected, a diverse and permanent vegetative cover capable of self-regeneration and plant succession and at least equal in extent of cover to the natural vegetation of the area;

(j) Protect offsite areas from damages which may result from the mining operations;

(k) Eliminate fire hazards and otherwise eliminate conditions which constitute a hazard to health and safety of the public;

(l) Minimize the disturbances of the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quality and quantity of water in surface and groundwater systems both during and after coal mining operations and during reclamation by:

(i) Taking measures to avoid acid or other toxic mine drainage including, but not limited to:

(A) Preventing or removing water from contact with toxic producing deposits;

(B) Treating drainage to reduce toxic content which adversely affects downstream water upon being released to water courses;

(C) Casing, sealing or otherwise managing boreholes, shafts and wells to keep acid or other toxic drainage from entering ground and surface waters; and

(ii) Conducting surface coal mining operations to prevent, to the extent possible using the best technology currently available, additional levels of suspended solids to streamflow or runoff outside the permit area, but in no event shall those levels be in excess of requirements set by applicable state or federal law or regulations, and avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;

(m) Operate in accordance with the general environmental protection standards promulgated under Section 53-9-45 for any effects which result from surface coal mining operations including surface impacts from the construction of new roads or the improvement or use of existing roads to gain access to the site of the activities and for haulage, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities or other property or materials on the surface, resulting from or incident to the activities. The commission shall make necessary modifications in the requirements imposed by this paragraph to accommodate the distinct difference between surface and underground coal mining;

(n) Minimize disturbances and adverse impacts of the operation to the extent possible, using the best technology currently available, on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable; and

(o) Locate openings for all new drift mines working acid-producing or iron-producing coal seams to prevent a gravity discharge of water from the mine.

(3) To protect the stability of the land, the permit board shall suspend underground coal mining under urbanized areas, cities, towns and communities, and under areas adjacent to industrial or commercial buildings, major impoundments or permanent streams if the permit board finds imminent danger to inhabitants of the urbanized areas, cities, towns and communities.

(4) The provisions of this chapter relating to permits, bonds, inspections and enforcement, public notice and hearing and administrative and judicial review shall be applicable to surface operations and surface impacts incident to an underground coal mine with any modifications to the permit application requirements, permit issuance or denial procedures and bond requirements as are necessary to accommodate the distinct difference between surface and underground coal mining.
Miss. Code Ann. § 53-3-201 — MS Code / Title 53 / Chapter 1 / Section 3-201
Miss. Code Ann. § 53-3-201
Status: in_force

The State Oil and Gas Board shall adopt regulations to require any corporation, association, partnership or person in possession of crude petroleum oil or any substance containing any quantity of crude oil or any sediment, water or brine produced in association with the exploration and/or production of oil or gas, or both, being transported or for transportation from or to any storage, disposal, processing, or refining facility to possess specific documentation which substantiates the right to be in possession of such substance. The regulations shall require such documentation to include:

(a) The identity of the operator and the location of the lease from which originated the crude petroleum oil or any substance including any sediment, water or brine produced in association with the exploration or production of oil or gas, or both, if it is purportedly being or to be transported from a lease;

(b) The identity of the operator and the location of the storage facility from which or to which the crude petroleum oil or any substance, including any sediment, water or brine produced in association with the exploration or production of oil or gas, or both, is being or is to be transported;

(c) The identity of the operator and the location of the disposal, processing or refining facility to which the crude petroleum oil or any substance, including any sediment, water or brine produced in association with the exploration and production of oil or gas, or both, is being or is to be transported;

(d) The estimated percentage of crude petroleum oil in the substance, sediment, water or brine produced in association with the exploration or production of oil or gas, or both, which is being or is to be transported;

(e) The volume of crude petroleum oil being or to be transported; and

(f) Any additional information the supervisor of the state oil and gas board finds necessary or appropriate.
Miss. Code Ann. § 53-3-39 — MS Code / Title 53 / Chapter 3 / Section 3-39
Miss. Code Ann. § 53-3-39
Status: in_force

Purchasers of oil or gas production from any oil or gas well shall be liable for the payment of interest on royalty proceeds which have not been disbursed to the royalty owners from and after one hundred twenty (120) days following the date of the first sale of oil or gas.

The rate of interest shall be eight percent (8%) per annum and shall be computed from the date of one hundred twenty (120) days after such first sale; however, from and after July 1, 1992, the rate of interest shall be the greater of eight percent (8%) per annum or two percent (2%) above the federal discount rate in effect as of the second day of January of each year during which interest on such royalty proceeds is payable, except in those instances where the royalty proceeds cannot be paid because the title thereto is not marketable, in which case the rate of interest on a per annum basis shall be equal to the federal reserve discount rate in effect as of the second day of January of each year during which interest on the royalty proceeds is payable. The accrued interest shall be paid to the royalty owners at the time of the payment of the accrued royalty proceeds, such rate of interest to be displayed on the disbursement document. As used herein, “first sale” shall mean the first commercial sale of production after completion of the well and shall not include sales of oil or gas during initial testing prior to completion of the well.

Whenever the disbursal of royalty proceeds is suspended for any reason whatsoever, the purchasers of production shall be liable for the payment of interest on the royalty proceeds which have been suspended. Except as otherwise provided, the rate of interest shall be eight percent (8%) per annum and shall be computed from the date that the royalty payments were halted or suspended; provided, however, that if such date is less than one hundred twenty (120) days after the first sale of oil or gas, then such interest shall be computed from the date of one hundred twenty (120) days after such first sale. From and after July 1, 1992, the rate of interest shall be the greater of eight percent (8%) per annum or two percent (2%) above the federal discount rate in effect as of the second day of January of each year during which interest on such royalty proceeds is payable, except in those instances where the royalty proceeds are suspended because the title thereto is not marketable, in which case the rate of interest on a per annum basis shall be equal to the federal reserve discount rate in effect as of the second day of January of each year during which interest on such proceeds is payable. The accrued interest shall be paid to the royalty owners at the time of the payment of the suspended royalty proceeds, such rate of interest to be displayed on the disbursement document.

The purchaser of production from a well shall be exempt from the provisions of this section and the operator and/or the owner of the right to drill and to produce under an oil and/or gas lease shall be substituted for the purchaser herein where the operator and/or the owner and purchaser have entered into an arrangement where the royalty proceeds are paid by the purchaser to the operator and/or the owner who assumes responsibility of paying the proceeds to the royalty owners legally entitled thereto. Where the operator and/or the owner of the drilling rights are substituted herein for the purchaser, the interest provided for hereinabove shall accrue from the date set forth hereinabove or from the date of such operator and/or owner's receipt of the proceeds of such production, whichever is the later date.

Provided further, that as to royalty payments regularly disbursed in the normal course of business, nothing in this section shall be construed to require the payment of interest on royalty payments disbursed to the royalty owners no later than sixty (60) days after the end of the calendar month within which such royalty production was sold. Provided further, that whenever the aggregate of one hundred twenty (120) days' accumulation of monthly proceeds payable to any royalty owner does not exceed One Hundred Dollars ($100.00), no interest shall accrue or be payable thereon, provided that the disbursement of such accumulated proceeds be made to the royalty owner no later than once each one-hundred-twenty-day period.

For the purposes of this section, marketability of title shall be determined in accordance with real property law governing title to oil and gas interests as recognized at the time the royalty payments were suspended or not paid.

The provisions of this section which require payment of interest on royalty proceeds which have not been disbursed may not be waived or reduced by a royalty owner entitled to such interest payment unless said royalty owner shall attest to a statement which shall be typed in bold print on a separate form and attached to the relevant division order contract as to the royalty owner's interest. Such statement shall be set out as follows:

I, (royalty owner's name) hereby agree to waive the statutory right given me to receive interest on royalty proceeds as provided by Section 53-3-39, Mississippi Code of 1972 , from (purchaser or operator and/or owner of right to drill), which is due me as evidenced from the attached division order contract. This is the _____ day of __________, 20___.

The words “owner,” “oil,” “gas” and “royalty owner” used in this section shall have the meanings attributed to them in Section 53-1-3, Mississippi Code of 1972 .
Miss. Code Ann. § 53-9-53 — MS Code / Title 53 / Chapter 9 / Section 9-53
Miss. Code Ann. § 53-9-53
Status: in_force

Each permittee shall conspicuously maintain at the entrance to the surface coal mining and reclamation operation a clearly visible sign which sets forth the name, business address and phone number of the permittee and the permit number of the surface coal mining and reclamation operations. The sign shall also state that questions and complaints regarding the surface coal mining and reclamation operations may be directed to the department and shall provide the department's telephone number.
Miss. Code Ann. § 53-9-51 — MS Code / Title 53 / Chapter 1 / Section 9-51
Miss. Code Ann. § 53-9-51
Status: in_force

(1) For purposes of administering and enforcing any permit under this chapter, adequately developing a regulatory program, or determining whether any person is in violation of this chapter:

(a) The commission shall require any permittee to:

(i) Establish and maintain appropriate records;

(ii) Make monthly reports to the department;

(iii) Install, use and maintain any necessary monitoring equipment or methods;

(iv) Evaluate results in accordance with the methods, at locations and intervals and in any manner as the commission shall prescribe; and

(v) Provide any other information relative to surface coal mining and reclamation operations as the commission deems reasonable and necessary.

(b) For those surface coal mining and reclamation operations which remove or disturb strata that serve as aquifers which significantly insure the hydrologic balance of water use either on or off the mining site, the permit board shall specify those (i) monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence; (ii) monitoring sites to record level, amount and samples of groundwater and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined; (iii) records of well logs and borehole data to be maintained; and (iv) monitoring sites to record precipitation.

The monitoring, data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the commission in order to assure their reliability and validity; and

(c) Any authorized representative of the department without advance notice and upon presentation of appropriate credentials (i) shall have the right of entry to, upon or through any surface coal mining and reclamation operations or any premises in which any records required to be maintained under paragraph (a) of this subsection are located, and (ii) may at reasonable times, and without delay, have access to and copy any records, inspect any monitoring equipment or method of operations required under this chapter.

(2) The inspections by the authorized representative of the department shall:

(a) Occur on an irregular basis averaging not less than one (1) partial inspection per month and one (1) complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit;

(b) Occur without prior notice to the permittee or the permittee's agents or employees except for necessary on-site meetings with the permittee; and

(c) Include the filing of inspection reports adequate to enforce the requirements of this chapter.

(3) Each inspector, upon detection of each violation of any requirement of this chapter, shall immediately inform the operator in writing and shall report in writing that violation to the department.

(4) Copies of any records, reports, inspection materials or information obtained under this section by the department shall be made available as soon as possible to the public at central and sufficient locations in the county of the area of mining so that they are conveniently available to residents in the areas of mining and shall be considered public records.
Miss. Code Ann. § 53-7-41 — MS Code / Title 53 / Chapter 7 / Section 7-41
Miss. Code Ann. § 53-7-41
Status: in_force

(1) The Permit Board, based upon the provisions of this chapter, may issue, reissue, deny, modify, revoke, cancel, rescind, suspend or transfer a permit for a surface mining operation. The head of the Office of Geology and Energy Resources shall abstain in any action taken by the Permit Board under this chapter.

(2) The Permit Board shall issue a permit if the Permit Board determines that the applicant and completed application comply with the requirements of this chapter.

(3) The Permit Board may deny a permit if:

(a) The Permit Board finds that the reclamation as required by this chapter cannot be accomplished by means of the proposed reclamation plan;

(b) Any part of the proposed operation lies within an area designated as unsuitable for surface mining as designated by Section 53-7-49 or 53-7-51 ;

(c) The Permit Board finds that the proposed mining operation will cause pollution of any water of the state or of the ambient air of the state in violation of applicable state and federal laws and regulations;

(d) The applicant has had any other permit issued under this chapter revoked, or any bond or deposit posted to comply with this chapter forfeited, and the conditions causing the permit to be revoked or the bond or deposit to be forfeited have not been corrected to the satisfaction of the Permit Board;

(e) The Permit Board determines that the proposed operation will endanger the health and safety of the public or will create imminent environmental harm;

(f) The operation will likely adversely affect any public highway or road unless the operation is intended to stabilize or repair the public road or highway; or

(g) The applicant is unable to meet the public liability insurance or performance bonding requirements of this chapter.

(4) The Permit Board shall deny a permit if the Permit Board finds by clear and convincing evidence on the basis of the information contained in the permit application or obtained by on-site inspection that the proposed operation cannot comply with this chapter or rules and regulations adopted under this chapter or that the proposed method of operation, road system construction, shaping or revegetation of the affected area cannot be carried out in a manner consistent with this chapter and applicable state and federal laws, rules and regulations.

(5) The Permit Board may hold a public hearing to obtain comments from the public on its proposed action. If the Permit Board holds a public hearing, the Permit Board shall publish notice and conduct the hearing as provided in Section 49-17-29 .

(6) The Permit Board may authorize the executive director, under any conditions the Permit Board may prescribe, to make decisions on permit issuance, reissuance, modification, rescission or cancellation under this chapter. A decision by the executive director is a decision of the Permit Board and shall be subject to formal hearing and appeal as provided in Section 49-17-29 . The executive director shall report all permit decisions to the Permit Board at its next regularly scheduled meeting and those decisions shall be deemed as recorded in the minutes of the Permit Board at that time.

(7) The Permit Board may cancel a permit at the request of the operator, if the operator does not commence operations under the permit by stripping, grubbing or mining any part of the permit area. The Permit Board may rescind a permit, if, because of a change in post-mining use of the land by the landowner, the completion of the approved reclamation plan by the operator is no longer feasible. If a permit is canceled or rescinded, the remaining portion of the bond or deposit required under Section 53-7-37 shall be returned to the operator as soon as possible.
Miss. Code Ann. § 53-9-26 — MS Code / Title 53 / Chapter 7 / Section 9-26
Miss. Code Ann. § 53-9-26
Status: in_force

If the Permit Board finds that the probable total annual production at all locations of a surface coal mining operator will not exceed three hundred thousand (300,000) tons, the cost of conducting activities to obtain and provide the information required to be contained in the permit application as determined by the commission consistent with Section 507(c) of the federal act shall be assumed by the department, subject to the availability of federal or other special funds for that purpose and upon written request of the operator. All work under this section shall be performed by a qualified public or private laboratory or other public or private qualified entity designated by the department.
Miss. Code Ann. § 53-7-3 — MS Code / Title 53 / Chapter 7 / Section 7-3
Miss. Code Ann. § 53-7-3
Status: in_force

(1) The Legislature of the State of Mississippi finds and declares that:

(a) Mississippi is endowed with abundant varied natural resources which serve as a source of recreation and economic benefit to our people;

(b) The extraction of materials by surface mining is a significant economic activity and is an integral part of the growth and development of this state;

(c) The process of surface mining necessarily involves the alteration of the face of the land;

(d) The process of surface mining must be accomplished in a manner to reduce the undesirable effects of surface mining to a bare minimum, and to protect and preserve our land which is one of our greatest natural resources; and

(e) The land whose face has been altered by surface mining requires reclamation to prevent permanent damage to surface water and the land so that it may be used by future generations, to protect the safety and welfare of Mississippians, and to preserve available natural resources.

(2) The Legislature, recognizing its duty and obligation to foster the economic well-being of the state and nation, to encourage the development of its natural resources and to preserve the beauty of its lands, declares that the purpose of this chapter is to:

(a) Provide for the regulation and control of surface mining so as to minimize its injurious effects by requiring proper reclamation of surface-mined lands;

(b) Establish a regulatory system of permits and reclamation standards, supplemented by the knowledge, expertise and concerns of mining operators, landowners and the general public which is designed to achieve an acceptable, workable balance between the economic necessities of developing our natural resources and the public interest in protecting our birthright of natural beauty and a pristine environment; and

(c) Establish a regulatory system of uniform standards and procedures to govern the mining and reclamation of land, accepting the proposition that varied types of mining, varied types of materials being mined and varied geographical and ecological areas of this state may require variations in methods of surface mining and reclamation, but any variation shall be designed to restore the affected area to a useful, productive and beneficial purpose.
Miss. Code Ann. § 53-7-63 — MS Code / Title 53 / Chapter 7 / Section 7-63
Miss. Code Ann. § 53-7-63
Status: in_force

(1) Unless otherwise expressly provided in this chapter, any interested party aggrieved by any action of the Permit Board taken under this chapter may request a formal hearing before the Permit Board as provided in Section 49-17-29 . Any person aggrieved by any action of the commission taken under this chapter may request a formal hearing before the commission as provided in Section 49-17-41 . Any person who participated as a party in a formal hearing before the Permit Board may appeal from a final decision of the Permit Board made under this chapter as provided in Section 49-17-29 . Any person who participated as a party in a formal hearing before the commission may appeal from a final decision of the commission made under this chapter as provided in Section 49-17-41 .

(2)(a) Any public hearing of the Permit Board provided for under this chapter shall be deemed to be the same hearing as otherwise afforded to any interested party by the Permit Board under Section 49-17-29 . Any formal hearing of the Permit Board provided for under this chapter shall be deemed to be the same hearing as otherwise afforded to any interested party by the Permit Board under Section 49-17-29 .

(b) Any public hearing of the commission provided for under this chapter shall be deemed to be the same hearing as afforded under Section 49-17-35 . Any formal hearing of the commission provided for under this chapter shall be deemed to be the same hearing as afforded under Section 49-17-41 .

(3)(a) In conducting any formal hearing under this chapter, the Permit Board shall have the same authority to subpoena witnesses, administer oaths, examine witnesses under oath and conduct the hearing as provided in Section 49-17-29 .

(b) In conducting any formal hearing under this chapter the commission shall have the same authority to subpoena witnesses, administer oaths, examine witnesses under oath and conduct the hearing as provided in Section 49-17-41 .
Miss. Code Ann. § 53-9-81 — MS Code / Title 53 / Chapter 5 / Section 9-81
Miss. Code Ann. § 53-9-81
Status: in_force

This chapter shall not apply to any of the following activities:

(a) The extraction of coal by a landowner for that landowner's own noncommercial use from land owned or leased by the landowner; and

(b) The extraction of coal as an incidental part of federal, state or local financed highways or other construction under regulations promulgated by the commission.
Miss. Code Ann. § 53-3-73 — MS Code / Title 53 / Chapter 1 / Section 3-73
Miss. Code Ann. § 53-3-73
Status: in_force

Any person, firm or corporation applying for a permit to construct a facility under Sections 53-3-71 through 53-3-75 shall pay to the state oil and gas supervisor a fee of five hundred dollars ($500.00).
Miss. Code Ann. § 53-11-13 — MS Code / Title 53 / Chapter 11 / Section 11-13
Miss. Code Ann. § 53-11-13
Status: in_force

If the board finds pursuant to Section 53-11-9(1) that a reservoir shall be operated as a unit for a geologic sequestration facility, the board may issue an order requiring such unit operation, if it finds that:

(a) Unit operation of the reservoir is reasonably necessary in order to create and operate an approved geologic sequestration facility in the reservoir;

(b) The unit for the geologic sequestration facility and the agreements effectuating the unit are fair and reasonable under all of the circumstances and protect the rights of all interests in the oil, gas or other commercial minerals where applicable, and the owners of interests in the surface acreage of the unit area, and owners of interests in the carbon dioxide injected or to be injected in the reservoir;

(c) The correlative rights of all owners of interests in the oil, gas or other commercial minerals where applicable, and the owners of interests in the surface acreage of the unit area, and owners of interests in the carbon dioxide injected or to be injected in the reservoir will be protected;

(d) The cost incident to conducting the geologic sequestration operation will not be borne by the royalty owners of the oil, gas or other commercial minerals except for post-production treating, processing, transportation, and marketing expenses when concurrent production occurs with the geologic sequestration operation; and

(e) The storage operator or a predecessor operator of a proposed sequestration facility has demonstrated the boundaries of the unit as may be necessary for the board to approve the unit by the drilling of wells to sufficient depths and locations, or by other geological or engineering interpretations which may include those from logging, coring, modeling or monitoring.
Miss. Code Ann. § 53-11-15 — MS Code / Title 53 / Chapter 11 / Section 11-15
Miss. Code Ann. § 53-11-15
Status: in_force

(1) The order issued by the State Oil and Gas Board shall be fair and reasonable under all of the circumstances and shall protect the rights of interested parties and shall include:

(a) A description of the geographical area and a description of the reservoirs or of any portion or portions or combinations thereof affected which together constitute and are herein termed the “unit area” of the geologic storage facility.

(b) A statement of the nature of the operations contemplated.

(c) A provision for: (i) access to and use of a reasonable amount of the surface area within the unit area by the storage operator and his agents in connection with constructing, equipping, operating, maintaining and terminating operations of the geologic sequestration facility; and (ii) payment of the reasonable costs of compensable damages to the surface and reasonable consideration for use of the surface area.

(d) If oil or gas or both are expected to be produced in connection with operating a unit area as a geologic sequestration facility and the reservoir is being operated under a board order obtained pursuant to the requirements of Section 53-3-101 et seq. , the geologic sequestration facility may be operated under the existing plan of unitization approved by the owners therein provided that the unit operator: (i) provides a method approved by the board for winding down oil and gas operations for the transition to a carbon dioxide injection only operation; and (ii) obtains the approval of a majority interest of the surface interest, on the basis of, and in proportion to, the surface acreage content of the unit area, prior to the termination of oil and gas production.

(e) If oil or gas or both are expected to be produced in connection with operating the geologic sequestration facility and the reservoir has not formerly been unitized by board order under Section 53-3-101 et seq. , the order shall include:

(i) A formula for the allocation among the separately owned tracts in the geologic sequestration unit area of all the oil or gas, or both, produced and saved from the geologic sequestration unit area, and not required in the conduct of such operation, which formula must expressly be found reasonably to permit persons otherwise entitled to share in or benefit by the production from the separately owned tracts to receive, in lieu thereof, their fair, equitable and reasonable share of the unit production. A separately owned tract's fair, equitable and reasonable share of the unit production shall be that proportionate part of unit production that the contributing value of the tract for oil and gas purposes in the geologic sequestration unit area and its contributing value to the unit bears to the total of all like values of all tracts in the unit, taking into account all pertinent engineering, geological and operating factors that are reasonably susceptible of determination.

(ii) A provision for adjustment among the owners of the geologic sequestration unit area, not including royalty owners, of their respective investment in wells, tanks, pumps, machinery, materials, equipment and other things and services of value attributable to the unit operations. The amount to be charged to unit operations for any such item shall be determined by a majority of the owners of the geologic sequestration unit area and a majority of the working owners of the oil and/or gas interests in the geologic sequestration unit area, not including royalty owners, but if the owners of the geologic sequestration unit area and working owners of the oil or gas, or both oil and gas interests, not including royalty owners, are unable to agree upon the amount of the charges, or to agree upon the correctness thereof, the board shall determine the charges after due notice and hearing upon the application of any interested party. The amount charged against the owner of a separately owned tract shall be considered an expense of unit operation chargeable against the tract. The adjustments provided for in this subparagraph (ii) may be treated separately and handled by agreements separate from the unitization agreement.

(iii) A provision that the costs and expenses of unit operations dedicated to producing oil and gas, including investment past and prospective, shall be borne by the working owners of each tract, who in the absence of unit operation would be responsible for the expenses of developing and operating the oil and gas pools or reservoirs, in the same proportion that the tracts share in unit production. Each working owner's interest in the oil or gas or both expected to be produced in connection with operating the geologic sequestration unit area shall be responsible for the working owner's proportionate share thereof, and the unit operator shall have a lien thereon to secure payment of the working owner's share together with interest at the legal rate. A transfer or conversion of any working owner's interest or any portion thereof, however accomplished after the effective date of the order creating the unit, shall not relieve the transferred interest of the operator's lien on the interest for the cost and expense of unit operations, past or prospective.

(iv) The designation of, or a provision for the selection of a successor to, the storage operator.

(v) A provision that the conduct of all unit operations by the storage operator and the selection of a successor to the storage operator shall be governed by the terms and provisions of the geologic sequestration facility agreements.

(vi) A determination of, or a provision for determining, the time the oil and gas unit operation is to become effective.

(vii) A determination of, or a provision for determining, the manner in which, and the circumstances under which, the unit oil and gas operation shall terminate and the geologic sequestration facility will no longer be considered productive of oil and gas or other commercial minerals and the geologic sequestration facility will be operated solely for the injection of carbon dioxide.

(viii) A requirement that all oil or gas, or both oil and gas, contained in a unit area shall be produced and sold as rapidly as possible without decreasing the ultimate recovery of oil or gas, or both, or causing damage to the reservoir.

(2) If oil or gas, or both, are being produced as an enhanced recovery project operating under a board order obtained pursuant to the requirements of Section 53-3-101 et seq. , utilizing the injection of carbon dioxide for enhanced oil or gas recovery, the board, upon application by the unit operator, may make an order recognizing the incidental sequestration of carbon dioxide that is occurring during its enhanced oil or gas recovery project without requiring the project to qualify as a geologic sequestration facility or otherwise be subject to the provisions of this chapter.
Miss. Code Ann. § 53-7-77 — MS Code / Title 53 / Chapter 1 / Section 7-77
Miss. Code Ann. § 53-7-77
Status: in_force

(1)(a) There is created in the State Treasury a special fund to be designated as the Surface Mine Worker Safety Training Program Operations Fund, referred to in this section as “special fund,” to be administered by the executive director. The special fund shall consist of monies as may be appropriated by the Legislature and any other monies authorized under this section.

(b) Monies in the special fund shall be utilized to pay reasonable direct and indirect costs associated with surface mine worker safety training provided by the department including, but not limited to, matching funds for federal grants to meet federal grant requirements to pay a proportional share of the total cost of the training.

(c) Expenditures may be made from the special fund upon requisition by the executive director.

(d) The special fund may receive monies from any available public or private source including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, judicial actions and appropriated funds.

(e) Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.

(2)(a) The commission shall set by order the fee for surface mine worker safety training, not to exceed the cost of providing the training.

(b) All monies collected under this subsection shall be deposited into the special fund.

(c) The commission may delegate to the department responsibility for the collection of fees under this subsection.

(d) Any person required to pay a fee under this subsection who disagrees with the calculation or applicability of the fee may petition the commission for a hearing in accordance with Sections 49-17-33 and 49-17-35 .

(e) Fees collected under this subsection shall not supplant or reduce in any way the general fund appropriation to the department.
Miss. Code Ann. § 53-9-35 — MS Code / Title 53 / Chapter 3 / Section 9-35
Miss. Code Ann. § 53-9-35
Status: in_force

(1) During the term of the permit, the permittee may submit an application for a revision of the permit and a revised reclamation plan, to the department in accordance with regulations promulgated by the commission.

(2) An application for a revision of a permit shall not be approved unless the executive director finds that reclamation as required by this chapter and the regulations promulgated under this chapter can be accomplished under the revised reclamation plan. The revision shall be granted or denied by the executive director within a period of time established in the regulations promulgated by the commission. The commission shall also promulgate regulations for determination of the extent to which a revision application shall comply with this chapter, including notice and hearing requirements. A decision by the executive director to grant or deny a revision of a permit shall be subject to formal hearing and appeal as would an initial decision of the permit board under Section 49-17-29 .

(3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for a new permit. A revision shall not be considered a modification.
Miss. Code Ann. § 53-9-41 — MS Code / Title 53 / Chapter 3 / Section 9-41
Miss. Code Ann. § 53-9-41
Status: in_force

(1) Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with the regulations promulgated by the commission governing those operations. The regulations shall require any person planning to conduct exploration operations to obtain an exploration permit from the permit board before conducting those operations. The permit application shall require the applicant to give a description of the exploration area and the period of proposed exploration, provisions for reclamation in accordance with the performance standards in the regulations promulgated under Section 53-9-45 of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment, and any other information as the permit board or commission may require.

(2) Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations promulgated under this chapter shall be subject to Sections 53-9-55 through 53-9-57 and Section 53-9-63 .

(3) No operator shall remove more than two hundred fifty (250) tons of coal under an exploration permit without the specific written approval of the permit board.
Miss. Code Ann. § 53-9-61 — MS Code / Title 53 / Chapter 9 / Section 9-61
Miss. Code Ann. § 53-9-61
Status: in_force

Any person who, except as permitted by law, willfully resists, impedes or interferes with the commission, permit board or any authorized representative of the department in the performance of duties under this chapter shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or both.
Miss. Code Ann. § 53-9-71 — MS Code / Title 53 / Chapter 5 / Section 9-71
Miss. Code Ann. § 53-9-71
Status: in_force

(1)(a) The commission shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to which, if any, land areas of the state are unsuitable for all or certain types of surface coal mining operations under the standards set forth in paragraphs (b) and (c) of this subsection. Surface coal mining and reclamation permits may be issued before completion of the planning process. That designation shall not prevent the mineral exploration under this chapter of any area designated as unsuitable.

(b) Upon petition under subsection (2) of this section, the commission shall designate an area as unsuitable for all or certain types of surface coal mining operations if the commission determines that reclamation under this chapter is not technologically and economically feasible.

(c) Upon petition under subsection (2) of this section, a surface area may be designated unsuitable for certain types of surface coal mining operations if the operations will:

(i) Be incompatible with existing state or local land-use plans or programs;

(ii) Affect fragile or historic lands in which those operations could result in significant damage to important historic, cultural, scientific and aesthetic values and natural systems;

(iii) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply from surface or subsurface sources or of food or fiber products. These lands shall include, but not be limited to, aquifers and aquifer recharge areas; or

(iv) Affect natural hazard lands in which the operations could substantially endanger life and property, including, but not limited to, areas subject to frequent flooding and areas of unstable geology.

(d) The state geologist shall be responsible for surface coal mining lands review and shall assist the commission and, as practicable, regional and local governmental units in developing:

(i) A data base and inventory system which will permit proper evaluation of the capacity of different land areas of the state to support and allow reclamation of surface coal mining operations;

(ii) A method or methods for implementing land-use planning decisions concerning surface coal mining operations; and

(iii) Proper notices and opportunities for public participation, including, but not limited to, a public hearing before making any designation or redesignation, under this section.

(e) Determinations of the unsuitability of land for surface coal mining, under this section shall be integrated as closely as possible with present and future land-use planning and regulation processes at the federal, state and local governmental levels.

(f) This section shall not apply to lands on which surface coal mining operations are being conducted under a permit issued under this chapter.

(2)(a) Any interested party may petition the commission to have an area designated as unsuitable for surface coal mining operations, or to have a designation terminated. A petition shall contain allegations of facts with supporting evidence which would tend to establish the allegations. Within six (6) months after receipt of the petition, the commission shall hold a public hearing in the county in which the affected area is located. The commission shall provide appropriate notices and publications of the date, time and location of that hearing. After an interested party has filed a petition, but before the hearing required by this subsection is held, any person may intervene by filing allegations of facts with supporting evidence which would tend to establish the allegations. Within sixty (60) days after the public hearing, the commission shall issue and furnish to the petitioner and any other party participating in the hearing a written decision regarding the petition, and the reasons for its decision. If all the petitioners stipulate agreement before the requested hearing and withdraw their request, the commission may cancel the public hearing. Any interested party aggrieved by a decision of the commission under this section may request a formal hearing as provided in Section 49-17-41 . Any person who participated as a party in the formal hearing may appeal the final decision of the commission as provided in Section 49-17-41 .

(b) The commission shall promulgate regulations not less stringent than federal regulations regarding procedures for designating lands unsuitable for surface coal mining, including procedures for the content and submission of petitions and notice and public hearing requirements.

(3) Before designating any land areas as unsuitable for surface coal mining operations, the state geologist shall prepare a detailed statement on:

(a) The potential coal resources of the areas;

(b) The demand for coal resources; and

(c) The impact of the designation on the environment, the economy of the state and the supply of coal.

(4) After July 1, 1979, and subject to valid rights, no surface coal mining operations shall be permitted:

(a) On any lands within the boundaries of units of the National Park System, the National Wildlife Refuge Systems, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under Section 1276(a) of Title 16 of the United States Code , and National Recreation Areas designated by Act of Congress;

(b) On any lands within the boundaries of any state park, state wildlife refuge, state forest, recorded state historical landmark, state historic site, state archaeological landmark, or city or county park, forest or historical area. The commission may, for good cause shown and after a public hearing, make exceptions to this paragraph;

(c) On any federal lands within the boundaries of any national forest, unless the United States Secretary of Agriculture or the secretary's designee finds that there are no significant recreational, timber, economic or other values which may be incompatible with the surface coal mining operations or the surface operations and impacts incident to an underground coal mine;

(d) Which will adversely affect any publicly owned park or places included in the national register of historic sites unless approved jointly by the commission and any federal, state or local agency with jurisdiction over the park or the historic site;

(e) Within one hundred (100) feet of the outside right-of-way line of any public road except where mine access roads or haulage roads join the right-of-way line, unless the commission authorizes those roads to be relocated or the area affected to lie within one hundred (100) feet of the road and if, after public notice and opportunity for public hearing in the county in which the surface coal mining and reclamation operations are located, the commission makes a written finding that the interests of the public and the landowners affected thereby will be protected; or

(f) Within three hundred (300) feet of any occupied dwelling, unless waived by the owner of that dwelling, or any public building, school, church, community or institutional building, public park, or within one hundred (100) feet of a cemetery.

(5) Those lands designated prior to July 1, 1979, as unsuitable for surface mining under the Mississippi Surface Mining and Reclamation Law, and all applicable rules and regulations promulgated under that law are unsuitable for surface coal mining under this section.
Miss. Code Ann. § 53-9-85 — MS Code / Title 53 / Chapter 7 / Section 9-85
Miss. Code Ann. § 53-9-85
Status: in_force

(1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, that person's interest in water resources affected by a surface coal mining operation.

(2) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of that person's supply of water for domestic, agricultural, industrial or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution or interruption proximately resulting from the surface coal mining or reclamation operation.
Miss. Code Ann. § 53-10-4 — MS Code / Title 53 / Chapter 5 / Section 10-4
Miss. Code Ann. § 53-10-4
Status: in_force

The Mississippi Department of Environmental Quality may pay annually out of funds collected from Surface Coal Mining Permit Fees, or from funds granted to the state by the federal Office of Surface Mining Reclamation and Enforcement, the annual membership dues payable to the Interstate Mining Compact Commission for the membership of the State of Mississippi in that organization.
Miss. Code Ann. § 53-11-31 — MS Code / Title 53 / Chapter 9 / Section 11-31
Miss. Code Ann. § 53-11-31
Status: in_force

Any interested person, as defined in this section, adversely affected by any provision or section of this chapter within the jurisdiction of the board or by any rule, regulation or order made by the board thereunder, or by any act done or threatened thereunder, may obtain court review and seek relief by appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, or the chancery court of the county in which the land involved, or any part thereof, is situated. The term “ interested person ” means all mineral and royalty owners, mineral lessees, if any, and the owners of surface on which injection or reinjection wells and other surface equipment connected with a geologic sequestration facility is or will be situated. Any interested party may appeal to the chancery court of the county in which the land involved or any part thereof is situated, if appeal is demanded within thirty (30) days from the date that the rule, regulation or order of the board is filed for record in the office of the board.

The appeal may be taken by filing notice of the appeal with the board, whereupon the board shall, under its certificate, transmit to the court appealed to all documents and papers on file in the matter, together with a transcript of the record, which documents and papers together with said transcript of the record shall be transmitted to the clerk of the chancery court of the county to which the appeal is taken.

Except as otherwise provided in this section, the appeal otherwise shall be made in accordance with the provisions of Sections 53-1-39 and 53-1-41 .
Miss. Code Ann. § 53-9-111 — MS Code / Title 53 / Chapter 3 / Section 9-111
Miss. Code Ann. § 53-9-111
Status: in_force

(1) Any landowner who has received notice of condemnation or acquisition from the commission under Section 53-9-109 may, within fifteen (15) days following the notice, make written application to the commission for a formal hearing regarding the actual need or advisability for the acquisition. The commission shall hear the landowner's grievance within thirty (30) days following the written application for a hearing and shall make a determination as to the need for the acquisition. The commission's determination shall be reflected in an order, which may be appealed under Section 49-17-41 . Any landowner adversely affected by any other action of the commission under Section 53-9-109 may institute proceedings to have the action reviewed in the chancery court in the county where the property or a part of the property affected by the action is located, provided that the proceedings are filed within thirty (30) days following the date of the action. The court may grant any relief it deems necessary, including, but not limited to, injunctive relief pending a hearing on the matter.

(2) Any landowner subject to condemnation proceedings for sale under Section 53-9-109 shall retain all rights and remedies of law provided by applicable federal and state laws governing condemnation proceedings and sale at public auction. Any landowner, his heir, assignee or personal representative shall have a prior right of purchase at fair market value or the lowest bid, whichever amount is more, over any other purchaser at the public sale provided the lands are put to proper use consistent with any local, state, or federal land use plan, if any, for the area in which the land is located.
Miss. Code Ann. § 53-9-63 — MS Code / Title 53 / Chapter 1 / Section 9-63
Miss. Code Ann. § 53-9-63
Status: in_force

Nothing in Sections 53-9-55 through 53-9-57 shall be construed to eliminate any additional enforcement right or procedures which are available under state law to a state agency but which are not specifically enumerated in this chapter.
Miss. Code Ann. § 53-11-15 — MS Code / Title 53 / Chapter 7 / Section 11-15
Miss. Code Ann. § 53-11-15
Status: in_force

(1) The order issued by the State Oil and Gas Board shall be fair and reasonable under all of the circumstances and shall protect the rights of interested parties and shall include:

(a) A description of the geographical area and a description of the reservoirs or of any portion or portions or combinations thereof affected which together constitute and are herein termed the “unit area” of the geologic storage facility.

(b) A statement of the nature of the operations contemplated.

(c) A provision for: (i) access to and use of a reasonable amount of the surface area within the unit area by the storage operator and his agents in connection with constructing, equipping, operating, maintaining and terminating operations of the geologic sequestration facility; and (ii) payment of the reasonable costs of compensable damages to the surface and reasonable consideration for use of the surface area.

(d) If oil or gas or both are expected to be produced in connection with operating a unit area as a geologic sequestration facility and the reservoir is being operated under a board order obtained pursuant to the requirements of Section 53-3-101 et seq. , the geologic sequestration facility may be operated under the existing plan of unitization approved by the owners therein provided that the unit operator: (i) provides a method approved by the board for winding down oil and gas operations for the transition to a carbon dioxide injection only operation; and (ii) obtains the approval of a majority interest of the surface interest, on the basis of, and in proportion to, the surface acreage content of the unit area, prior to the termination of oil and gas production.

(e) If oil or gas or both are expected to be produced in connection with operating the geologic sequestration facility and the reservoir has not formerly been unitized by board order under Section 53-3-101 et seq. , the order shall include:

(i) A formula for the allocation among the separately owned tracts in the geologic sequestration unit area of all the oil or gas, or both, produced and saved from the geologic sequestration unit area, and not required in the conduct of such operation, which formula must expressly be found reasonably to permit persons otherwise entitled to share in or benefit by the production from the separately owned tracts to receive, in lieu thereof, their fair, equitable and reasonable share of the unit production. A separately owned tract's fair, equitable and reasonable share of the unit production shall be that proportionate part of unit production that the contributing value of the tract for oil and gas purposes in the geologic sequestration unit area and its contributing value to the unit bears to the total of all like values of all tracts in the unit, taking into account all pertinent engineering, geological and operating factors that are reasonably susceptible of determination.

(ii) A provision for adjustment among the owners of the geologic sequestration unit area, not including royalty owners, of their respective investment in wells, tanks, pumps, machinery, materials, equipment and other things and services of value attributable to the unit operations. The amount to be charged to unit operations for any such item shall be determined by a majority of the owners of the geologic sequestration unit area and a majority of the working owners of the oil and/or gas interests in the geologic sequestration unit area, not including royalty owners, but if the owners of the geologic sequestration unit area and working owners of the oil or gas, or both oil and gas interests, not including royalty owners, are unable to agree upon the amount of the charges, or to agree upon the correctness thereof, the board shall determine the charges after due notice and hearing upon the application of any interested party. The amount charged against the owner of a separately owned tract shall be considered an expense of unit operation chargeable against the tract. The adjustments provided for in this subparagraph (ii) may be treated separately and handled by agreements separate from the unitization agreement.

(iii) A provision that the costs and expenses of unit operations dedicated to producing oil and gas, including investment past and prospective, shall be borne by the working owners of each tract, who in the absence of unit operation would be responsible for the expenses of developing and operating the oil and gas pools or reservoirs, in the same proportion that the tracts share in unit production. Each working owner's interest in the oil or gas or both expected to be produced in connection with operating the geologic sequestration unit area shall be responsible for the working owner's proportionate share thereof, and the unit operator shall have a lien thereon to secure payment of the working owner's share together with interest at the legal rate. A transfer or conversion of any working owner's interest or any portion thereof, however accomplished after the effective date of the order creating the unit, shall not relieve the transferred interest of the operator's lien on the interest for the cost and expense of unit operations, past or prospective.

(iv) The designation of, or a provision for the selection of a successor to, the storage operator.

(v) A provision that the conduct of all unit operations by the storage operator and the selection of a successor to the storage operator shall be governed by the terms and provisions of the geologic sequestration facility agreements.

(vi) A determination of, or a provision for determining, the time the oil and gas unit operation is to become effective.

(vii) A determination of, or a provision for determining, the manner in which, and the circumstances under which, the unit oil and gas operation shall terminate and the geologic sequestration facility will no longer be considered productive of oil and gas or other commercial minerals and the geologic sequestration facility will be operated solely for the injection of carbon dioxide.

(viii) A requirement that all oil or gas, or both oil and gas, contained in a unit area shall be produced and sold as rapidly as possible without decreasing the ultimate recovery of oil or gas, or both, or causing damage to the reservoir.

(2) If oil or gas, or both, are being produced as an enhanced recovery project operating under a board order obtained pursuant to the requirements of Section 53-3-101 et seq. , utilizing the injection of carbon dioxide for enhanced oil or gas recovery, the board, upon application by the unit operator, may make an order recognizing the incidental sequestration of carbon dioxide that is occurring during its enhanced oil or gas recovery project without requiring the project to qualify as a geologic sequestration facility or otherwise be subject to the provisions of this chapter.
Miss. Code Ann. § 53-9-73 — MS Code / Title 53 / Chapter 5 / Section 9-73
Miss. Code Ann. § 53-9-73
Status: in_force

The commission may enter into a cooperative agreement with the United States Secretary of the Interior to provide for state regulation of surface coal mining and reclamation operations on federal lands within the state.
Miss. Code Ann. § 53-5-1 — MS Code / Title 53 / Chapter 5 / Section 5-1
Miss. Code Ann. § 53-5-1
Status: in_force

(1) The Mississippi Commission on Natural Resources shall be the geological, economic and topographical survey board and shall exercise the duties and responsibilities of the geological, economic and topographical survey board through the bureau of geology and energy resources of the Mississippi Department of Natural Resources, insofar as practicable under the provisions of Chapter 2 of Title 49, Mississippi Code of 1972 .

(2) The words “Geological, Economic and Topographical Survey Board” wherever they may appear in the laws of the State of Mississippi, shall be construed to mean the Mississippi Commission on Natural Resources.
Miss. Code Ann. § 53-9-47 — MS Code / Title 53 / Chapter 7 / Section 9-47
Miss. Code Ann. § 53-9-47
Status: in_force

(1) The commission may promulgate regulations regarding the surface effects of underground coal mining operations establishing the following requirements. In promulgating any regulations, the commission shall consider the distinct difference between surface coal mining and underground coal mining. The regulations shall not conflict with the Federal Coal Mine Health and Safety Act of 1969, as amended or any regulation issued under that law.

(2) Each permit issued under this chapter and relating to underground coal mining shall require the operator to:

(a) Adopt measures consistent with known technology to prevent subsidence causing material damage to the extent technologically and economically feasible to maximize mine stability, and maintain the value and reasonably foreseeable use of any surface lands, except in instances where the mining technology used requires planned subsidence in a predictable and controlled manner. Nothing in this subsection shall be construed to prohibit the standard method of room and pillar mining;

(b) Seal all portals, entryways, drifts, shafts or other openings between the surface and underground mine working when no longer needed for the conduct of the mining operations;

(c) Fill or seal exploratory holes no longer necessary for mining, maximizing to the extent technologically and economically feasible the return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or excavations;

(d) Stabilize all waste piles containing mine wastes, tailings, coal processing wastes and other wastes in areas other than the mine workings or excavations created by the permittee from current operations through construction in compacted layers, including the use of incombustible and impervious materials, if necessary;

(e) Assure that the leachate will not degrade surface or ground waters below water quality standards established under applicable federal and state law;

(f) Assure that the final contour of the waste accumulation will be compatible with natural surroundings;

(g) Assure that the site is stabilized and revegetated according to this chapter;

(h) Design, locate, construct, operate, maintain, enlarge, modify, and remove, or abandon, in accordance with the standards and criteria developed by the commission, all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used either temporarily or permanently as dams or embankments;

(i) Establish on regraded areas, and all other lands affected, a diverse and permanent vegetative cover capable of self-regeneration and plant succession and at least equal in extent of cover to the natural vegetation of the area;

(j) Protect offsite areas from damages which may result from the mining operations;

(k) Eliminate fire hazards and otherwise eliminate conditions which constitute a hazard to health and safety of the public;

(l) Minimize the disturbances of the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quality and quantity of water in surface and groundwater systems both during and after coal mining operations and during reclamation by:

(i) Taking measures to avoid acid or other toxic mine drainage including, but not limited to:

(A) Preventing or removing water from contact with toxic producing deposits;

(B) Treating drainage to reduce toxic content which adversely affects downstream water upon being released to water courses;

(C) Casing, sealing or otherwise managing boreholes, shafts and wells to keep acid or other toxic drainage from entering ground and surface waters; and

(ii) Conducting surface coal mining operations to prevent, to the extent possible using the best technology currently available, additional levels of suspended solids to streamflow or runoff outside the permit area, but in no event shall those levels be in excess of requirements set by applicable state or federal law or regulations, and avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;

(m) Operate in accordance with the general environmental protection standards promulgated under Section 53-9-45 for any effects which result from surface coal mining operations including surface impacts from the construction of new roads or the improvement or use of existing roads to gain access to the site of the activities and for haulage, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities or other property or materials on the surface, resulting from or incident to the activities. The commission shall make necessary modifications in the requirements imposed by this paragraph to accommodate the distinct difference between surface and underground coal mining;

(n) Minimize disturbances and adverse impacts of the operation to the extent possible, using the best technology currently available, on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable; and

(o) Locate openings for all new drift mines working acid-producing or iron-producing coal seams to prevent a gravity discharge of water from the mine.

(3) To protect the stability of the land, the permit board shall suspend underground coal mining under urbanized areas, cities, towns and communities, and under areas adjacent to industrial or commercial buildings, major impoundments or permanent streams if the permit board finds imminent danger to inhabitants of the urbanized areas, cities, towns and communities.

(4) The provisions of this chapter relating to permits, bonds, inspections and enforcement, public notice and hearing and administrative and judicial review shall be applicable to surface operations and surface impacts incident to an underground coal mine with any modifications to the permit application requirements, permit issuance or denial procedures and bond requirements as are necessary to accommodate the distinct difference between surface and underground coal mining.
Miss. Code Ann. § 53-11-15 — MS Code / Title 53 / Chapter 10 / Section 11-15
Miss. Code Ann. § 53-11-15
Status: in_force

(1) The order issued by the State Oil and Gas Board shall be fair and reasonable under all of the circumstances and shall protect the rights of interested parties and shall include:

(a) A description of the geographical area and a description of the reservoirs or of any portion or portions or combinations thereof affected which together constitute and are herein termed the “unit area” of the geologic storage facility.

(b) A statement of the nature of the operations contemplated.

(c) A provision for: (i) access to and use of a reasonable amount of the surface area within the unit area by the storage operator and his agents in connection with constructing, equipping, operating, maintaining and terminating operations of the geologic sequestration facility; and (ii) payment of the reasonable costs of compensable damages to the surface and reasonable consideration for use of the surface area.

(d) If oil or gas or both are expected to be produced in connection with operating a unit area as a geologic sequestration facility and the reservoir is being operated under a board order obtained pursuant to the requirements of Section 53-3-101 et seq. , the geologic sequestration facility may be operated under the existing plan of unitization approved by the owners therein provided that the unit operator: (i) provides a method approved by the board for winding down oil and gas operations for the transition to a carbon dioxide injection only operation; and (ii) obtains the approval of a majority interest of the surface interest, on the basis of, and in proportion to, the surface acreage content of the unit area, prior to the termination of oil and gas production.

(e) If oil or gas or both are expected to be produced in connection with operating the geologic sequestration facility and the reservoir has not formerly been unitized by board order under Section 53-3-101 et seq. , the order shall include:

(i) A formula for the allocation among the separately owned tracts in the geologic sequestration unit area of all the oil or gas, or both, produced and saved from the geologic sequestration unit area, and not required in the conduct of such operation, which formula must expressly be found reasonably to permit persons otherwise entitled to share in or benefit by the production from the separately owned tracts to receive, in lieu thereof, their fair, equitable and reasonable share of the unit production. A separately owned tract's fair, equitable and reasonable share of the unit production shall be that proportionate part of unit production that the contributing value of the tract for oil and gas purposes in the geologic sequestration unit area and its contributing value to the unit bears to the total of all like values of all tracts in the unit, taking into account all pertinent engineering, geological and operating factors that are reasonably susceptible of determination.

(ii) A provision for adjustment among the owners of the geologic sequestration unit area, not including royalty owners, of their respective investment in wells, tanks, pumps, machinery, materials, equipment and other things and services of value attributable to the unit operations. The amount to be charged to unit operations for any such item shall be determined by a majority of the owners of the geologic sequestration unit area and a majority of the working owners of the oil and/or gas interests in the geologic sequestration unit area, not including royalty owners, but if the owners of the geologic sequestration unit area and working owners of the oil or gas, or both oil and gas interests, not including royalty owners, are unable to agree upon the amount of the charges, or to agree upon the correctness thereof, the board shall determine the charges after due notice and hearing upon the application of any interested party. The amount charged against the owner of a separately owned tract shall be considered an expense of unit operation chargeable against the tract. The adjustments provided for in this subparagraph (ii) may be treated separately and handled by agreements separate from the unitization agreement.

(iii) A provision that the costs and expenses of unit operations dedicated to producing oil and gas, including investment past and prospective, shall be borne by the working owners of each tract, who in the absence of unit operation would be responsible for the expenses of developing and operating the oil and gas pools or reservoirs, in the same proportion that the tracts share in unit production. Each working owner's interest in the oil or gas or both expected to be produced in connection with operating the geologic sequestration unit area shall be responsible for the working owner's proportionate share thereof, and the unit operator shall have a lien thereon to secure payment of the working owner's share together with interest at the legal rate. A transfer or conversion of any working owner's interest or any portion thereof, however accomplished after the effective date of the order creating the unit, shall not relieve the transferred interest of the operator's lien on the interest for the cost and expense of unit operations, past or prospective.

(iv) The designation of, or a provision for the selection of a successor to, the storage operator.

(v) A provision that the conduct of all unit operations by the storage operator and the selection of a successor to the storage operator shall be governed by the terms and provisions of the geologic sequestration facility agreements.

(vi) A determination of, or a provision for determining, the time the oil and gas unit operation is to become effective.

(vii) A determination of, or a provision for determining, the manner in which, and the circumstances under which, the unit oil and gas operation shall terminate and the geologic sequestration facility will no longer be considered productive of oil and gas or other commercial minerals and the geologic sequestration facility will be operated solely for the injection of carbon dioxide.

(viii) A requirement that all oil or gas, or both oil and gas, contained in a unit area shall be produced and sold as rapidly as possible without decreasing the ultimate recovery of oil or gas, or both, or causing damage to the reservoir.

(2) If oil or gas, or both, are being produced as an enhanced recovery project operating under a board order obtained pursuant to the requirements of Section 53-3-101 et seq. , utilizing the injection of carbon dioxide for enhanced oil or gas recovery, the board, upon application by the unit operator, may make an order recognizing the incidental sequestration of carbon dioxide that is occurring during its enhanced oil or gas recovery project without requiring the project to qualify as a geologic sequestration facility or otherwise be subject to the provisions of this chapter.
Miss. Code Ann. § 53-9-51 — MS Code / Title 53 / Chapter 3 / Section 9-51
Miss. Code Ann. § 53-9-51
Status: in_force

(1) For purposes of administering and enforcing any permit under this chapter, adequately developing a regulatory program, or determining whether any person is in violation of this chapter:

(a) The commission shall require any permittee to:

(i) Establish and maintain appropriate records;

(ii) Make monthly reports to the department;

(iii) Install, use and maintain any necessary monitoring equipment or methods;

(iv) Evaluate results in accordance with the methods, at locations and intervals and in any manner as the commission shall prescribe; and

(v) Provide any other information relative to surface coal mining and reclamation operations as the commission deems reasonable and necessary.

(b) For those surface coal mining and reclamation operations which remove or disturb strata that serve as aquifers which significantly insure the hydrologic balance of water use either on or off the mining site, the permit board shall specify those (i) monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence; (ii) monitoring sites to record level, amount and samples of groundwater and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined; (iii) records of well logs and borehole data to be maintained; and (iv) monitoring sites to record precipitation.

The monitoring, data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the commission in order to assure their reliability and validity; and

(c) Any authorized representative of the department without advance notice and upon presentation of appropriate credentials (i) shall have the right of entry to, upon or through any surface coal mining and reclamation operations or any premises in which any records required to be maintained under paragraph (a) of this subsection are located, and (ii) may at reasonable times, and without delay, have access to and copy any records, inspect any monitoring equipment or method of operations required under this chapter.

(2) The inspections by the authorized representative of the department shall:

(a) Occur on an irregular basis averaging not less than one (1) partial inspection per month and one (1) complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit;

(b) Occur without prior notice to the permittee or the permittee's agents or employees except for necessary on-site meetings with the permittee; and

(c) Include the filing of inspection reports adequate to enforce the requirements of this chapter.

(3) Each inspector, upon detection of each violation of any requirement of this chapter, shall immediately inform the operator in writing and shall report in writing that violation to the department.

(4) Copies of any records, reports, inspection materials or information obtained under this section by the department shall be made available as soon as possible to the public at central and sufficient locations in the county of the area of mining so that they are conveniently available to residents in the areas of mining and shall be considered public records.
Miss. Code Ann. § 53-9-83 — MS Code / Title 53 / Chapter 3 / Section 9-83
Miss. Code Ann. § 53-9-83
Status: in_force

(1) This section applies where coal owned by the state under land, the surface rights to which are owned by a surface owner as defined in this section, is to be mined by methods other than underground mining techniques.

(2) The state shall not enter into any lease of state coal deposits until the surface owner has given written consent to enter and commence surface coal mining and reclamation operations and the commission has obtained evidence of that consent. Written consent given by any surface owner before July 1, 1979, shall be deemed sufficient for the purposes of complying with this section.

(3) In order to minimize disturbance to surface owners from surface coal mining of state coal deposits and to assist in the preparation of comprehensive land-use plans, the state geologist shall consult with any surface owner whose land is proposed to be included in a leasing tract and shall ask the surface owner to declare a preference for or against the offering of the deposit under this land for lease. The state shall, in its discretion but to the maximum extent practicable, refrain from leasing coal deposits for development by methods other than underground mining techniques in those areas where a significant number of surface owners have declared a preference against the offering of the deposits for lease.

(4) For the purpose of this section, “surface owner” means the natural person or persons, or corporation, the majority stock of which is held by a person or persons who meet the other requirements of this section, who:

(a) Hold legal or equitable title to the land surface;

(b) Have their principal place of residence on the land or are personally conducting farming or ranching operations upon a farm or ranch unit which is to be affected by surface coal mining and reclamation operations, or receive directly a significant portion of their income, if any, from those farming or ranching operations; and

(c) Have met the conditions of paragraphs (a) and (b) for at least three (3) years before granting consent.

In computing the three-year period, the commission may include periods during which title was owned by a relative of that person by blood or marriage during which period the relative would have met the requirements of this subsection.

(5) Nothing in this section shall be construed as increasing or diminishing any property rights held by the state or by any other landowner.
Miss. Code Ann. § 53-5-19 — MS Code / Title 53 / Chapter 5 / Section 5-19
Miss. Code Ann. § 53-5-19
Status: in_force

Two or more governmental subdivisions may combine upon the agreement of the governing boards thereof and may contribute funds as agreed to among themselves to such survey as authorized by Section 53-5-17 , so as to facilitate a cooperative survey of more than one governmental subdivision at the same time.
Miss. Code Ann. § 53-3-15 — MS Code / Title 53 / Chapter 1 / Section 3-15
Miss. Code Ann. § 53-3-15
Status: in_force

Owners or operators of oil or gas wells shall, before connecting with any oil or gas pipe line, secure from the state oil and gas board a certificate showing compliance with the conservation laws of the state and conservation rules, regulations and orders of the board. No operator of a pipe line shall connect with any well until the owner or operator of such well shall furnish a certificate from the board that such conservation laws and such rules, regulations and orders have been complied with. This section shall not prevent a temporary connection of not more than seven days' duration with any well in order to take care of production and prevent waste until opportunity shall have been given the owner or operator of such well to secure such certificate.

The state oil and gas board shall have the power to cancel any certificate of compliance issued under the provisions of this section when it appears, after due notice and hearing, that the owner or operator of a well covered by the provisions of same has violated or is violating, in connection with the operation of said well or the production of oil or gas therefrom, any of the oil or gas conservation laws of this state or any of the rules, regulations or orders of the board promulgated thereunder. Upon notice from the board to the operator of any pipe line connected to any such oil or gas well that the certificate of compliance with reference to such well has been cancelled by the board, the operator of such pipe line shall disconnect from such well and it shall be unlawful for the operator of such pipe line to transport oil or gas therefrom until a new certificate of compliance has been issued by the board. It shall be unlawful for the owner or operator of any well to produce oil or gas therefrom (except as to a temporary connection as hereinabove provided), unless there is in effect a certificate of compliance covering such well.
Miss. Code Ann. § 53-10-4 — MS Code / Title 53 / Chapter 3 / Section 10-4
Miss. Code Ann. § 53-10-4
Status: in_force

The Mississippi Department of Environmental Quality may pay annually out of funds collected from Surface Coal Mining Permit Fees, or from funds granted to the state by the federal Office of Surface Mining Reclamation and Enforcement, the annual membership dues payable to the Interstate Mining Compact Commission for the membership of the State of Mississippi in that organization.
Miss. Code Ann. § 53-11-11 — MS Code / Title 53 / Chapter 3 / Section 11-11
Miss. Code Ann. § 53-11-11
Status: in_force

(1) Upon application by an operator to unitize for a geologic sequestration facility in an oil or gas reservoir that is not unitized either under this chapter or by board order under the provisions of Section 53-3-103 or 53-3-155 , after notice as provided in Section 53-3-115 , the board shall hold a hearing to consider the operation of the reservoir for the storage of carbon dioxide to determine whether the predominant result of the injection operations will be the storage of carbon dioxide or will result in an increase in the ultimate recovery of oil or gas, or both, from the proposed geologic sequestration facility. After the hearing the board may:

(a) Determine from the evidence that the reservoir has more value as a geologic sequestration facility than as an enhanced oil or gas recovery project, and as a result, the board shall enter an order for the operation of the unit as a geologic sequestration facility upon making the additional findings set forth in Section 53-11-13 .

(b) Determine from the evidence that the predominant result of the injection operations will be an increase in the ultimate recovery of oil or gas or both, and as a result, the board shall not approve the application for a geologic sequestration facility. However, this shall not prevent the board, upon application of the operator, from approving operation of an existing enhanced oil or gas recovery project simultaneously as a geologic sequestration project, recognizing the incidental storage of carbon dioxide under the provisions set forth in Section 53-11-15(1)(d) .

(2) Upon application by an operator to unitize for a geologic sequestration facility in any other nonoil, nongas or noncommercial mineral-bearing reservoir that needs to be unitized, after notice as provided, the board shall hold a hearing to consider the evidence, and shall enter an order for the operation of the reservoir as a geologic sequestration facility upon making the findings set forth in Sections 53-11-9(1) and 53-11-13 .

(3) An order requiring unit operations of a geologic sequestration facility shall be effective only when the unit for the geologic sequestration facility and the agreements incorporating the pertinent provisions of Section 53-11-15 have been signed, ratified, adopted or approved in writing by a majority interest of the surface interest, on the basis of, and in proportion to, the surface acreage content of the unit area, and, if separately owned, a majority interest of all rights of the subsurface reservoir, on the basis of and in proportion to the surface acreage content of the unit area, and the board has made a finding to that effect, either in the order or in a supplemental order.

(4) If the board finds under Section 53-11-9(1)(e) that a reservoir has been substantially depleted of commercially recoverable quantities of oil or gas or other commercial minerals or that the reservoir has greater utility as a reservoir for carbon dioxide storage and that the remaining conditions of Section 53-11-9(1) have been satisfied; or if the board finds that a nonoil, nongas or noncommercial mineral-bearing reservoir satisfies the conditions of Section 53-11-9(1)(a) through (d) and all other conditions the board shall require have been satisfied, the board shall issue an order approving the reservoir for the injection and storage of carbon dioxide in connection with operation of a geologic sequestration facility. An order approving any geologic sequestration facility shall be effective only when the storage rights agreement has been signed, ratified, adopted or approved in writing by a majority interest of the surface interest, on the basis of, and in proportion to, the surface acreage content of the unit area under the terms of the order; and, if separately owned, a majority interest of all rights in the underground reservoir, on the basis of, and in proportion to, the surface acreage content of the unit area. If oil, gas or commercial minerals are expected to be produced and sold or used in connection with the geologic sequestration facility in a depleted oil, gas or commercial mineral-bearing reservoir, or such a reservoir that has greater utility as a geologic sequestration facility, then a majority interest of all working owners of such oil, gas or commercial minerals, on the basis of, and in proportion to, the surface acreage content of the unit area under the terms of the order, must also consent to the allocation of the production in writing before an order approving the geologic sequestration facility shall be effective.

(5) In the event the required percentages set forth in this section have not signed, ratified or approved the respective agreements within twenty-four (24) months from and after the date of the order, the order requiring unit operation shall be automatically revoked.
Miss. Code Ann. § 53-9-81 — MS Code / Title 53 / Chapter 3 / Section 9-81
Miss. Code Ann. § 53-9-81
Status: in_force

This chapter shall not apply to any of the following activities:

(a) The extraction of coal by a landowner for that landowner's own noncommercial use from land owned or leased by the landowner; and

(b) The extraction of coal as an incidental part of federal, state or local financed highways or other construction under regulations promulgated by the commission.
Miss. Code Ann. § 53-9-27 — MS Code / Title 53 / Chapter 5 / Section 9-27
Miss. Code Ann. § 53-9-27
Status: in_force

Each applicant for a permit shall file, within ten (10) days after filing with the permit board, a copy of its application for public inspection with the clerk of the chancery court of the county or judicial district where the mining is to occur and where real property contiguous to the surface coal mining and reclamation operation is located, if that property is located in more than one (1) county or judicial district. The applicant may omit from its filing information in its permit application pertaining to the quality, depth or width of the coal seam or the location of the coal seam within the permit area included in the application, if that information has been determined to be confidential by the commission under Section 53-9-43 .
Miss. Code Ann. § 53-3-25 — MS Code / Title 53 / Chapter 1 / Section 3-25
Miss. Code Ann. § 53-3-25
Status: in_force

Before any person shall commence the drilling of any well in search of oil or gas, the person shall file with the board his application for a permit to drill, accompanied by a certified plat and by a fee of Six Hundred Dollars ($600.00), payable to the State Oil and Gas Board. When two (2) or more separately owned tracts of land are embraced within the unit for which the permit is sought, the application shall affirmatively state whether there are separately owned tracts in the drilling unit for which the permit is sought, and if so, whether the person owning the drilling rights therein and the rights to share in the production therefrom have agreed to develop their lands as a drilling unit and to the drilling of the well, as contemplated by Section 53-3-7 . If drilling operations have not commenced within one (1) year after date of issuance, the permit shall become void. If the application complies in all respects with the rules and regulations of the board relating thereto, a permit shall be issued promptly by the supervisor. The issuance of the permit shall constitute the establishment of the drilling unit as designated in the application and shall likewise constitute the approval of the well location set out in the permit. On good cause shown, the unit may be altered by the board after notice and hearing.

If the application for permit does not comply in all respects with the rules and regulations of the board relating thereto, the application shall be disallowed and the supervisor shall promptly notify the applicant of the reason or reasons for the disallowance.
Miss. Code Ann. § 53-5-19 — MS Code / Title 53 / Chapter 1 / Section 5-19
Miss. Code Ann. § 53-5-19
Status: in_force

Two or more governmental subdivisions may combine upon the agreement of the governing boards thereof and may contribute funds as agreed to among themselves to such survey as authorized by Section 53-5-17 , so as to facilitate a cooperative survey of more than one governmental subdivision at the same time.
Miss. Code Ann. § 53-7-49 — MS Code / Title 53 / Chapter 3 / Section 7-49
Miss. Code Ann. § 53-7-49
Status: in_force

(1) With the assistance of the Mississippi Commission on Wildlife, Fisheries and Parks and the Mississippi Department of Marine Resources, the commission shall identify and designate as unsuitable certain lands for all or certain types of surface mining. The commission shall adopt rules and regulations to provide reasonable notice to prospective operators and any other interested parties of areas which might be designated as unsuitable for surface mining. The commission may designate areas as unsuitable for surface mining lands if the commission determines:

(a) The operations will result in significant damage to important areas of historic, cultural or archaeological value or to important natural systems;

(b) The operations will affect renewable resource lands resulting in a substantial loss or reduction of long-range productivity of water supply or food or fiber products, including aquifers and aquifer recharge areas;

(c) The operations are located in areas of unstable geological formations and may reasonably be expected to endanger life and property;

(d) The operations will damage ecologically sensitive areas;

(e) The operations will significantly and adversely affect any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild or scenic river area, state scenic stream, state park, state wildlife refuge, state forest, recorded state historical landmark, state historic site, state archaeological landmark, or city or county park;

(f) The operations will endanger any public road, public building, cemetery, school, church or similar structure or existing dwelling outside the permit area; or

(g) The operations and the affected area cannot be reclaimed feasibly under the requirements of this chapter.

(2) Unless an operation is exempted under Section 53-7-7(2)(a) or 53-7-7(2)(b) , it is unlawful to conduct surface mining operations within an area designated as unsuitable for surface mining under Section 53-7-51 or this section or to conduct surface mining operations in rivers, lakes, bayous, intermittent or perennial streams or navigable waterways, natural or manmade, without a permit or coverage under a general permit issued or reissued consistent with regulations adopted by the commission.
Miss. Code Ann. § 53-9-1 — MS Code / Title 53 / Chapter 5 / Section 9-1
Miss. Code Ann. § 53-9-1
Status: in_force

This chapter may be cited as the “Mississippi Surface Coal Mining and Reclamation Law.”
Miss. Code Ann. § 53-9-73 — MS Code / Title 53 / Chapter 1 / Section 9-73
Miss. Code Ann. § 53-9-73
Status: in_force

The commission may enter into a cooperative agreement with the United States Secretary of the Interior to provide for state regulation of surface coal mining and reclamation operations on federal lands within the state.
Miss. Code Ann. § 53-9-73 — MS Code / Title 53 / Chapter 7 / Section 9-73
Miss. Code Ann. § 53-9-73
Status: in_force

The commission may enter into a cooperative agreement with the United States Secretary of the Interior to provide for state regulation of surface coal mining and reclamation operations on federal lands within the state.
Miss. Code Ann. § 53-7-63 — MS Code / Title 53 / Chapter 5 / Section 7-63
Miss. Code Ann. § 53-7-63
Status: in_force

(1) Unless otherwise expressly provided in this chapter, any interested party aggrieved by any action of the Permit Board taken under this chapter may request a formal hearing before the Permit Board as provided in Section 49-17-29 . Any person aggrieved by any action of the commission taken under this chapter may request a formal hearing before the commission as provided in Section 49-17-41 . Any person who participated as a party in a formal hearing before the Permit Board may appeal from a final decision of the Permit Board made under this chapter as provided in Section 49-17-29 . Any person who participated as a party in a formal hearing before the commission may appeal from a final decision of the commission made under this chapter as provided in Section 49-17-41 .

(2)(a) Any public hearing of the Permit Board provided for under this chapter shall be deemed to be the same hearing as otherwise afforded to any interested party by the Permit Board under Section 49-17-29 . Any formal hearing of the Permit Board provided for under this chapter shall be deemed to be the same hearing as otherwise afforded to any interested party by the Permit Board under Section 49-17-29 .

(b) Any public hearing of the commission provided for under this chapter shall be deemed to be the same hearing as afforded under Section 49-17-35 . Any formal hearing of the commission provided for under this chapter shall be deemed to be the same hearing as afforded under Section 49-17-41 .

(3)(a) In conducting any formal hearing under this chapter, the Permit Board shall have the same authority to subpoena witnesses, administer oaths, examine witnesses under oath and conduct the hearing as provided in Section 49-17-29 .

(b) In conducting any formal hearing under this chapter the commission shall have the same authority to subpoena witnesses, administer oaths, examine witnesses under oath and conduct the hearing as provided in Section 49-17-41 .
Miss. Code Ann. § 53-7-67 — MS Code / Title 53 / Chapter 5 / Section 7-67
Miss. Code Ann. § 53-7-67
Status: in_force

(1) Upon completion of the operation in the permit area, the operator may file an application with the Permit Board for the release of the performance bond or deposit. The application for performance bond release shall require a description of the results achieved in accordance with the operator's reclamation plan, which includes revegetation and end result plans, and any other information the Permit Board may require in accordance with this chapter. The Permit Board shall file a copy of the performance bond release application for public inspection with the chancery clerk of the county where the majority of the surface mining operation is located and with the local soil and water conservation district. The Permit Board shall give notice of the pending bond release application by publication in the form as the commission by regulation may require after inspecting and evaluating the reclamation work as provided by subsection (2) of this section.

(2) After receipt of the application for bond release, the department shall, and the local soil and water district commissioners may, within thirty (30) days, conduct an inspection and evaluation of the reclamation work involved. The evaluation shall consider, among other things, the occurrence of pollution of surface and subsurface water, the probability of continuance or future occurrence of pollution, and the estimated cost of abating the pollution. Results of the evaluation and findings of the department or the soil and water commissioners, or both, shall be provided within thirty (30) days after the inspection to the operator and other interested parties making written request for the evaluation and findings. The evaluation and findings of the soil and water commissioners, if any shall be forwarded to the department before the end of the thirty (30) days.

(3) The Permit Board may release in whole or in part the performance bond or deposit if it is satisfied that reclamation covered by the performance bond or deposit or portion thereof has been accomplished as required by this chapter according to the following schedule:

(a) When the operator or surety completes required backfilling, regrading, and drainage control of a bonded area in accordance with the approved reclamation plan, the Permit Board may release up to ninety percent (90%) of the performance bond or deposit for the applicable permit area. The amount of the unreleased portion of the performance bond or deposit shall not be less than the amount necessary to assure completion of the reclamation work by a third party in the event of default by the operator; and

(b) When the operator has successfully completed the remaining reclamation activities, but not before two (2) years beyond the date of the initial performance bond release, the Permit Board may release the remaining portion of the performance bond or deposit. No performance bond or deposit shall be fully released until all reclamation requirements of this chapter are fully met.

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, the Permit Board may release one hundred percent (100%) of the performance bond or deposit to private contractors surface mining on areas provided to them by the United States Army Corps of Engineers. The Permit Board may release the performance bond or deposit only if the contractors have completed the reclamation work required in paragraph (a) of this subsection and the Corps of Engineers furnishes written assurance to the Permit Board that it accepts responsibility for restoration of the mined areas in accordance with all applicable reclamation standards of this chapter.

(4) If the Permit Board denies the application for release of the performance bond or deposit or portion thereof, it shall notify the operator, in writing, stating the reasons for denial and recommending corrective actions necessary to secure the release.

(5) The Permit Board shall authorize the executive director under those conditions the Permit Board may prescribe to administratively release any performance bond or deposit provided by an operator for coverage under a general permit issued under Section 53-7-23 . A decision of the executive director is a decision of the Permit Board and shall be subject to review and appeal as provided in Section 49-17-29 .
Miss. Code Ann. § 53-7-19 — MS Code / Title 53 / Chapter 5 / Section 7-19
Miss. Code Ann. § 53-7-19
Status: in_force

The commission shall have the following powers and duties regarding surface mining:

(a) To develop a statewide, comprehensive policy for the regulation of surface mining and reclamation consistent with this chapter;

(b) To hold public and formal hearings, to issue notices of hearing, to administer oaths or affirmations, to issue subpoenas requiring the appearance of witnesses requested by any party and compel their attendance, and to require production of any books, papers, correspondence, memoranda, agreements or other documents or records that are relevant or material to the administration of this chapter and to take testimony as deemed necessary;

(c) To issue, modify or revoke orders requiring an operator to take any actions necessary to comply with this chapter, rules and regulations adopted under this chapter or any permit or coverage under a general permit required by this chapter;

(d) To enter on and inspect for the purpose of assuring compliance with the terms of this chapter, in person or by an authorized agent of the department, any surface mining operation subject to this chapter;

(e) To conduct, or cause to be conducted, encourage, request and participate in studies, surveys, investigations, research, experiments, training and demonstrations by contract, grant or otherwise; to prepare and require permittees to prepare reports; and to collect information and disseminate to the public information such as is deemed reasonable and necessary for the proper enforcement of this chapter;

(f) To apply for, receive and expend any grants, gifts, loans or other funds made available from any source for the purpose of this chapter;

(g) To advise, consult, cooperate with, or enter into contracts or grants with federal, state and local boards and agencies having pertinent expertise for the purpose of obtaining professional and technical services necessary to carry out this chapter;

(h) To enter into contracts with persons to reclaim land under this chapter;

(i) To order the immediate cessation of any ongoing surface mining operation being conducted with or without a permit or coverage under a general permit if it finds that the operation endangers the health or safety of the public or creates imminent and significant environmental harm;

(j) To institute and maintain all court actions necessary to obtain the enforcement of any written order of the commission;

(k) To recognize the differences in the various materials, taking into consideration the commercial value of the material and the nature and size of operation necessary to extract the deposit, in regulating surface mining operations;

(l) To authorize the executive director to discharge or exercise any power or duty granted to the commission by this chapter; and

(m) To perform any other duties and acts required or provided for by this chapter.
Miss. Code Ann. § 53-11-17 — MS Code / Title 53 / Chapter 11 / Section 11-17
Miss. Code Ann. § 53-11-17
Status: in_force

All public hearings before the board under this chapter shall be conducted pursuant to the provisions of Sections 53-1-19 through 53-1-37 .
Miss. Code Ann. § 53-3-37 — MS Code / Title 53 / Chapter 1 / Section 3-37
Miss. Code Ann. § 53-3-37
Status: in_force

Any person who shall violate any of the provisions of Section 53-3-35 regarding the filing of reports by failing to file such reports on a timely basis, or by the willful, knowing or fraudulent execution of a report which contains a false entry or statement of fact, or an omission of fact, shall be subject to a penalty of not more than One Thousand Dollars ($1,000.00) for each violation. Provided, however, the same procedure for notice and hearing as that found in subsection (b) of Section 53-1-47 shall be followed in cases of violations of Section 53-3-35 .
Miss. Code Ann. § 53-3-111 — MS Code / Title 53 / Chapter 1 / Section 3-111
Miss. Code Ann. § 53-3-111
Status: in_force

The portion of unit production allocated to a separately owned tract within the unit area shall be deemed, for all purposes, to have been actually produced from such tract, and operations with respect to any tract within the unit area shall be deemed for all purposes to be the conduct of operations for the production of oil or gas, or both, from each separately owned tract in the unit area. However, when an oil, gas and mineral lease contains land partially within and partially without said unit area, the unit agreement and production from the unit shall have no force and effect on lands lying outside of such unit area and failure of the lessee or lessees thereof to drill and develop such lands lying outside said unit area within one (1) year or during the term of the lease, whichever is a longer period of time, from the date of determination of the unit area by the state oil and gas board shall render such lease or leases on lands lying outside said unit area void and of no force and effect, unless otherwise held by production other than from unit production.
Miss. Code Ann. § 53-3-107 — MS Code / Title 53 / Chapter 3 / Section 3-107
Miss. Code Ann. § 53-3-107
Status: in_force

An order requiring unit operations pursuant to Section 53-3-103, Mississippi Code of 1972 , shall not be effective unless and until the plan of unitization and the agreements incorporating the provisions of Section 53-3-105 have been signed or, in writing, ratified, adopted or approved by the owners or lessees of at least seventy-five percent (75%) interest on the basis of and in proportion to the surface acreage content of the unit area under the terms of the order and the agreement incorporating the provisions of Section 53-3-105 has been signed or, in writing, ratified, adopted or approved by at least seventy-five percent (75%) (exclusive of royalty interests owned by lessees or by subsidiaries or successors in title of any lessee) in interest of the royalty owners on the basis of and in proportion to the surface acreage content of the unit area and the board has made a finding to that effect, either in the order or in a supplemental order. In the event the required percentages have not signed, ratified or approved the respective agreements within twelve (12) months from and after the date of such order, it shall be automatically revoked.
Miss. Code Ann. § 53-7-77 — MS Code / Title 53 / Chapter 7 / Section 7-77
Miss. Code Ann. § 53-7-77
Status: in_force

(1)(a) There is created in the State Treasury a special fund to be designated as the Surface Mine Worker Safety Training Program Operations Fund, referred to in this section as “special fund,” to be administered by the executive director. The special fund shall consist of monies as may be appropriated by the Legislature and any other monies authorized under this section.

(b) Monies in the special fund shall be utilized to pay reasonable direct and indirect costs associated with surface mine worker safety training provided by the department including, but not limited to, matching funds for federal grants to meet federal grant requirements to pay a proportional share of the total cost of the training.

(c) Expenditures may be made from the special fund upon requisition by the executive director.

(d) The special fund may receive monies from any available public or private source including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, judicial actions and appropriated funds.

(e) Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.

(2)(a) The commission shall set by order the fee for surface mine worker safety training, not to exceed the cost of providing the training.

(b) All monies collected under this subsection shall be deposited into the special fund.

(c) The commission may delegate to the department responsibility for the collection of fees under this subsection.

(d) Any person required to pay a fee under this subsection who disagrees with the calculation or applicability of the fee may petition the commission for a hearing in accordance with Sections 49-17-33 and 49-17-35 .

(e) Fees collected under this subsection shall not supplant or reduce in any way the general fund appropriation to the department.
Miss. Code Ann. § 53-7-61 — MS Code / Title 53 / Chapter 5 / Section 7-61
Miss. Code Ann. § 53-7-61
Status: in_force

(1) Any person who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter is guilty of a misdemeanor and upon conviction, may be subject to a fine of not more than Five Thousand Dollars ($5,000.00).

(2) Any person who knowingly violates, or fails or refuses to comply with this chapter, any rule or regulation or written order of the commission adopted or issued under this chapter, or any condition of a permit issued under this chapter, is guilty of a misdemeanor and, upon conviction, may be subject to a fine of not more than Five Thousand Dollars ($5,000.00).
Miss. Code Ann. § 53-3-27 — MS Code / Title 53 / Chapter 1 / Section 3-27
Miss. Code Ann. § 53-3-27
Status: in_force

Before any person shall commence the drilling of a stratigraphic test or any well below the freshwater level (other than an oil or gas well or injection well), such person shall file with the board his application for a permit to drill, accompanied by a fee of Six Hundred Dollars ($600.00), or some lesser sum as may be fixed by order of the board, payable to the State Oil and Gas Board. If the application complies in all respects with the rules and regulations of the board relating thereto, a permit shall be issued promptly by the supervisor. Any such permit, when issued and the fee paid thereon, shall be good for a period of one (1) year from the date thereof; and in the event drilling has commenced within one (1) year, the permit shall be good for the life of the well commenced, unless during the course of drilling or production the operator is changed.

If the application for a permit does not comply in all respects with the rules and regulations of the board relating thereto, said application shall be disallowed, and the supervisor shall promptly notify the applicant of the reason or reasons for the disallowance.
Miss. Code Ann. § 53-9-111 — MS Code / Title 53 / Chapter 7 / Section 9-111
Miss. Code Ann. § 53-9-111
Status: in_force

(1) Any landowner who has received notice of condemnation or acquisition from the commission under Section 53-9-109 may, within fifteen (15) days following the notice, make written application to the commission for a formal hearing regarding the actual need or advisability for the acquisition. The commission shall hear the landowner's grievance within thirty (30) days following the written application for a hearing and shall make a determination as to the need for the acquisition. The commission's determination shall be reflected in an order, which may be appealed under Section 49-17-41 . Any landowner adversely affected by any other action of the commission under Section 53-9-109 may institute proceedings to have the action reviewed in the chancery court in the county where the property or a part of the property affected by the action is located, provided that the proceedings are filed within thirty (30) days following the date of the action. The court may grant any relief it deems necessary, including, but not limited to, injunctive relief pending a hearing on the matter.

(2) Any landowner subject to condemnation proceedings for sale under Section 53-9-109 shall retain all rights and remedies of law provided by applicable federal and state laws governing condemnation proceedings and sale at public auction. Any landowner, his heir, assignee or personal representative shall have a prior right of purchase at fair market value or the lowest bid, whichever amount is more, over any other purchaser at the public sale provided the lands are put to proper use consistent with any local, state, or federal land use plan, if any, for the area in which the land is located.
Miss. Code Ann. § 53-9-5 — MS Code / Title 53 / Chapter 3 / Section 9-5
Miss. Code Ann. § 53-9-5
Status: in_force

It is the purpose of this chapter:

(a) To assume for the state exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state under Section 503 of the federal act;

(b) To develop, implement and enforce a program which, at a minimum, will achieve the purposes of the federal act and the regulations promulgated under that act;

(c) To assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from those operations;

(d) To assure that surface coal mining operations are not conducted where reclamation as required by this chapter is not feasible;

(e) To assure that surface coal mining operations are conducted in a manner protective of the environment;

(f) To assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations;

(g) To assure that appropriate procedures are provided for public participation in the development, revision and enforcement of regulations, standards, reclamation plans or programs established by the state under this chapter;

(h) To assure that the coal supply essential to the energy requirements of the state and nation and to their economic and social well-being is provided, and to strike a balance between protection of the environment and agricultural productivity and the need of the state and nation for coal as an essential source of energy; and

(i) To, wherever necessary, exercise the full reach of state constitutional powers to insure the protection of the public interest through effective control of surface coal mining operations.
Miss. Code Ann. § 53-5-21 — MS Code / Title 53 / Chapter 5 / Section 5-21
Miss. Code Ann. § 53-5-21
Status: in_force

Payments to the agency or agencies making the surveys authorized in Section 53-5-17 may be paid during the performance of the survey. However, the total of such payments shall not exceed ninety per cent (90%) of the estimated total cost until after the survey or surveys are finally completed and formally accepted by the governing board or boards having the survey made. Payments may be extended over the term of office of the governing board or boards having such surveys made.
Miss. Code Ann. § 53-7-65 — MS Code / Title 53 / Chapter 7 / Section 7-65
Miss. Code Ann. § 53-7-65
Status: in_force

(1) When an employee of the department files a report alleging a violation or when any person files a complaint with the commission alleging that any other person is in violation of this chapter, any rule and regulation issued under this chapter, or any condition of a permit issued under this chapter, the commission shall notify the alleged violator and conduct an investigation of the complaint. Upon finding a basis for the complaint, the commission shall cause written notice of the complaint, specifying the section of law, rule, regulation or permit alleged to be violated and the facts of the alleged violations, to be served upon that person. The commission may require the person to appear before the commission at a time and place specified in the notice to answer the charges. The time of appearance before the commission shall be not less than twenty (20) days from the date of the mailing or service of the complaint, whichever is earlier. If the commission finds no basis for the complaint, the commission shall dismiss the complaint.

(2) The commission shall afford an opportunity for a formal hearing to the alleged violator at the time and place specified in the notice or at another time or place agreed to in writing by both the department and the alleged violator, and approved by the commission. On the basis of the evidence produced at the formal hearing, the commission may enter an order which in its opinion will best further the purposes of this chapter and shall give written notice of that order to the alleged violator and to any other persons which appeared at the formal hearing or made written request for notice of the order. The commission may assess penalties as provided in Section 53-7-59 . Any formal hearing under this section shall be of record.

(3) Except as otherwise expressly provided, any notice or other instrument issued by or under authority of the commission may be served on any affected person personally or by publication, and proof of that service may be made in the same manner as in case of service of a summons in a civil action. The proof of service shall be filed in the office of the commission. Service may also be made by mailing a copy of the notice, order, or other instrument by certified mail, directed to the person affected at the person's last known post office address as shown by the files or records of the commission. Proof of service may be made by the affidavit of the person who did the mailing and shall be filed in the office of the commission.

(4) Any person who participated as a party in the formal hearing may appeal a decision of the commission under this section as provided in Section 49-17-41 .
Miss. Code Ann. § 53-3-113 — MS Code / Title 53 / Chapter 1 / Section 3-113
Miss. Code Ann. § 53-3-113
Status: in_force

From and after the effective date of an order of the board entered under the provisions of Sections 53-3-101 through 53-3-119 , the operation of any well producing from the unit area defined in the order by persons other than the unit operator or persons acting under the unit operator's authority, or except in the manner and to the extent provided in such plan of unitization, shall be unlawful and is hereby prohibited.
Miss. Code Ann. § 53-7-9 — MS Code / Title 53 / Chapter 7 / Section 7-9
Miss. Code Ann. § 53-7-9
Status: in_force

The department is designated as the agency to administer this chapter. The commission is designated as the body to enforce this chapter, including, but not limited to, the issuance of administrative and penalty orders, promulgation of regulations regarding matters addressed in this chapter, and designation of lands unsuitable for surface mining. The Permit Board is designated as the body to issue, deny, modify, revoke, transfer, cancel, rescind, suspend and reissue permits under this chapter.
Miss. Code Ann. § 53-7-17 — MS Code / Title 53 / Chapter 5 / Section 7-17
Miss. Code Ann. § 53-7-17
Status: in_force

Upon the passage of any federal surface mining legislation, the commission shall take steps necessary to establish the exclusive jurisdiction of the commission over the regulation of surface mining and reclamation operations in this state.
Miss. Code Ann. § 53-11-1 — MS Code / Title 53 / Chapter 11 / Section 11-1
Miss. Code Ann. § 53-11-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Geologic Sequestration of Carbon Dioxide Act.”
Miss. Code Ann. § 53-9-89 — MS Code / Title 53 / Chapter 5 / Section 9-89
Miss. Code Ann. § 53-9-89
Status: in_force

(1)(a) There is created in the State Treasury a fund to be designated as the “Surface Coal Mining and Reclamation Fund.” The fund shall contain three (3) accounts, designated as the “Surface Coal Mining Program Operations Account,” the “Surface Coal Mining Reclamation Account,” and the “Abandoned Mine Lands Reclamation Account.”

(b) Monies in the Surface Coal Mining Program Operations Account shall be used to pay the reasonable direct and indirect costs of administering and enforcing this chapter. Monies in the Surface Coal Mining Reclamation Account shall be used to pay for the reclamation of lands for which bonds or other collateral were forfeited.

(c) The Abandoned Mine Lands Reclamation Account shall receive all state and federal appropriations, grants and donations for the purposes of the reclamation of abandoned mine lands under this chapter, and such funds shall be made available to the commission to be used as provided in this section for the purposes of abandoned mine reclamation under this chapter and the regulations of the commission. Funds in the Abandoned Mine Land Account may be used for the following purposes:

(i) Reclamation and restoration of land and water resources adversely affected by past coal mining, or by past noncoal mining if approved by the secretary, including, but not limited to, reclamation and restoration of abandoned surface mine areas, abandoned mine processing areas, and abandoned mine refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by mine drainage including restoration of stream beds, and construction and operation of water treatment plants; prevention, abatement, and control of burning coal in situs; prevention, abatement and control of mine subsidence; prevention, abatement and control of storm water runoff from and erosion at mine sites; and the sloping and revegetation of mine pits and highwalls.

(ii) Acquisition of land as provided for in this chapter.

(iii) Grants to accomplish the purposes of this chapter.

(iv) Administrative expenses of the department to accomplish the purposes of this chapter.

(v) All other necessary expenses to accomplish the purpose of reclaiming abandoned mine lands or of protecting public health, safety and general welfare from adverse effects of mining practices at abandoned mine lands.

(d) Expenditures may be made from the fund upon requisition by the executive director.

(e) The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited by the Treasurer to the appropriate account in the fund.

(f) The Surface Coal Mining Program Operations Account may receive monies from any available public or private source, including, but not limited to, fees, interest, grants, taxes, public and private donations, petroleum violation escrow funds or refunds, and appropriated funds, but excluding fines, penalties and the proceeds from the forfeiture of bonds or other collateral. The Surface Coal Mining Reclamation Account may receive monies from fines, penalties, the proceeds from the forfeiture of bonds or other collateral and interest.

(2) All funds received through the payment of fees, loans, grants, penalties, bond forfeitures and forfeitures of other collateral, less attorneys' fees, shall be deposited in the appropriate account in the Surface Coal Mining and Reclamation Fund.
Miss. Code Ann. § 53-9-49 — MS Code / Title 53 / Chapter 5 / Section 9-49
Miss. Code Ann. § 53-9-49
Status: in_force

To encourage advances in mining and reclamation practices or to allow postmining land use for industrial, commercial, residential or public use, including recreational facilities, the commission, with the approval of the United States Secretary of the Interior or the secretary's designee, may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under Sections 53-9-45 and 53-9-47 . Those departures may be authorized if:

(a) The experimental practices are at least as environmentally protective during and after mining operations as those required by promulgated standards;

(b) The mining operations approved for particular land-use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and

(c) The experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards.
Miss. Code Ann. § 53-11-3 — MS Code / Title 53 / Chapter 1 / Section 11-3
Miss. Code Ann. § 53-11-3
Status: in_force

(1) It is declared to be in the public interest for a public purpose and the policy of Mississippi that:

(a) The geologic sequestration of carbon dioxide will benefit the citizens of the state and the state's environment.

(b) Carbon dioxide is a valuable commodity to the citizens of the state.

(c) Geologic sequestration of carbon dioxide may allow for orderly withdrawal as appropriate or necessary, thereby allowing carbon dioxide to be available for commercial, industrial, or other uses, including the use of carbon dioxide for enhanced recovery of oil and gas.

(d) The state has substantial and valuable oil and gas reserves not producible by traditional recovery techniques, but which may be producible by enhanced recovery methods.

(e) The enhanced recovery of oil and gas by the injection of carbon dioxide into oil and gas reservoirs is a proven enhanced recovery method which results in additional production of oil and gas in the State of Mississippi and the sequestration of carbon dioxide.

(f) It is for the public benefit and in the public interest that the maximum amount of the state's oil and gas reserves be produced to the extent that it is economically and technologically feasible.

(g) It is for the public benefit and in the public interest that, to the extent that it is economically and technologically feasible, carbon dioxide be injected into and stored in oil and gas reservoirs and other geologic formations in a manner protective of waters of the state as defined in Section 49-17-5(f) .

(h) Providing at the election of the operator for a current or former enhanced oil or gas recovery project to qualify as a geologic sequestration project for the incidental storage of carbon dioxide will encourage enhanced oil or gas recovery projects and geologic sequestration projects and will be beneficial to the citizens of this state and will serve the public interest.

(i) Geologic sequestration of carbon dioxide is an emerging industry that has the potential to provide jobs, investment, and other economic opportunities for the people of Mississippi, and is a valuable incentive for Mississippi to attract new industry.

(j) It is the public policy of Mississippi and the purpose of this chapter to provide for a coordinated statewide program related to the geologic sequestration of carbon dioxide in reservoirs defined in this chapter; to provide procedures, in a manner fair to all interests, for the cooperative management of surface and subsurface property interests to ensure the maximum use of natural resources; and to also fulfill the state's primary responsibility for assuring compliance with the federal Safe Drinking Water Act, including any amendments thereto related to the underground injection of carbon dioxide for geologic sequestration.

(k) It is for the public benefit and in the public interest to promote projects for the secure geologic storage of carbon dioxide.

(2) The board shall have jurisdiction and authority over all persons and property necessary to enforce effectively the provisions of this chapter relating to the geologic sequestration of carbon dioxide streams and subsequent withdrawal of stored carbon dioxide streams. The board, on behalf of the State of Mississippi, shall seek primacy from the U.S. Environmental Protection Agency for Class VI underground injection control wells. The board shall enforce the law pursuant to Section 49-17-1 et seq. and shall serve as the permitting agency for Class VI underground injection control wells; and is authorized to promulgate such rules and regulations as are necessary for the development and administration of the Class VI underground injection control well program consistent with federal statutes, rules and regulations pertaining to geologic sequestration of carbon dioxide streams and assessment of fees for the development and administration of the Class VI underground injection control well program. Underground formations or strata used for the geologic sequestration of carbon dioxide that are not included in the term “reservoir” as defined in this chapter shall also be subject to the jurisdiction of the board. The board has primacy for Class II underground injection control wells and will have jurisdiction and authority over Class II underground injection control wells converted to Class VI underground injection control wells and Class VI underground injection control wells within reservoirs as defined in this chapter. All rules, regulations and standards promulgated by the board shall be consistent with the requirements of federal statutes, rules and regulations related to Class VI underground injection control wells.
Miss. Code Ann. § 53-7-11 — MS Code / Title 53 / Chapter 5 / Section 7-11
Miss. Code Ann. § 53-7-11
Status: in_force

(1) The commission may adopt, modify, repeal, after due notice and hearing, and where not otherwise prohibited by federal or state law, make exceptions to and grant exemptions and variances from and may enforce rules and regulations pertaining to surface mining and reclamation operations to implement the provisions of this chapter.

(2) Adopting rules and regulations, the commission shall comply with the Mississippi Administrative Procedures Law, and in addition, may hold a public hearing. Notice of the date, time, place and purpose of the hearing shall be given thirty (30) days before the scheduled date of the hearing as follows:

(a) By mail to:

(i) All operators known by the commission to be actively engaged in surface mining in the state;

(ii) Persons who request notification of proposed actions regarding rules and regulations and any other person the commission deems appropriate; and

(iii) The Mississippi Soil and Water Conservation Commission, the Mississippi Department of Environmental Quality, Mississippi Department of Wildlife, Fisheries and Parks, Mississippi Forestry Commission, Mississippi Department of Archives and History, Mississippi Department of Transportation and the Mississippi Department of Agriculture and Commerce.

(b) By publication once weekly for three (3) consecutive weeks in a newspaper having general circulation in the State of Mississippi.

(3) Any person may submit written comments or appear and offer oral comments at the public hearing. The commission shall consider all comments and relevant data presented at the hearing before final adoption of rules and regulations under this chapter. The failure of any person to submit comments within a time period as established by the commission shall not preclude action by the commission.
Miss. Code Ann. § 53-9-119 — MS Code / Title 53 / Chapter 1 / Section 9-119
Miss. Code Ann. § 53-9-119
Status: in_force

The commission, in addition to any other remedies allowed by law, may initiate in the name of the state, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in this chapter.
Miss. Code Ann. § 53-11-1 — MS Code / Title 53 / Chapter 10 / Section 11-1
Miss. Code Ann. § 53-11-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Geologic Sequestration of Carbon Dioxide Act.”
Miss. Code Ann. § 53-11-29 — MS Code / Title 53 / Chapter 3 / Section 11-29
Miss. Code Ann. § 53-11-29
Status: in_force

It shall be a violation of this chapter for any person to refuse to attach or install a monitor within a reasonable period of time when ordered to do so by the board, or in any way to tamper with the monitors so as to produce a false or inaccurate reading.
Miss. Code Ann. § 53-11-17 — MS Code / Title 53 / Chapter 1 / Section 11-17
Miss. Code Ann. § 53-11-17
Status: in_force

All public hearings before the board under this chapter shall be conducted pursuant to the provisions of Sections 53-1-19 through 53-1-37 .
Miss. Code Ann. § 53-9-28 — MS Code / Title 53 / Chapter 9 / Section 9-28
Miss. Code Ann. § 53-9-28
Status: in_force

(1) The commission shall assess and collect a permit fee for reviewing the permit application and administering and enforcing a surface coal mining and reclamation permit. The commission may set permit fees for the transfer, modification or reissuance of a surface coal mining and reclamation permit.

(2) The commission may also establish a permit fee for the issuance, reissuance, transfer or modification of a coal exploration permit and a reasonable fee for a copy of a transcript of a formal hearing held under this chapter.

(3) The commission shall set by order the amount of any permit fee assessed under this section. A permit fee may be less than, but shall not exceed the actual or anticipated direct and indirect costs of reviewing the permit application and administering and enforcing the permit. The commission may establish procedures to allow the assessment and collection of the permit fee over the term of the permit.
Miss. Code Ann. § 53-9-85 — MS Code / Title 53 / Chapter 5 / Section 9-85
Miss. Code Ann. § 53-9-85
Status: in_force

(1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, that person's interest in water resources affected by a surface coal mining operation.

(2) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of that person's supply of water for domestic, agricultural, industrial or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution or interruption proximately resulting from the surface coal mining or reclamation operation.
Miss. Code Ann. § 53-11-13 — MS Code / Title 53 / Chapter 10 / Section 11-13
Miss. Code Ann. § 53-11-13
Status: in_force

If the board finds pursuant to Section 53-11-9(1) that a reservoir shall be operated as a unit for a geologic sequestration facility, the board may issue an order requiring such unit operation, if it finds that:

(a) Unit operation of the reservoir is reasonably necessary in order to create and operate an approved geologic sequestration facility in the reservoir;

(b) The unit for the geologic sequestration facility and the agreements effectuating the unit are fair and reasonable under all of the circumstances and protect the rights of all interests in the oil, gas or other commercial minerals where applicable, and the owners of interests in the surface acreage of the unit area, and owners of interests in the carbon dioxide injected or to be injected in the reservoir;

(c) The correlative rights of all owners of interests in the oil, gas or other commercial minerals where applicable, and the owners of interests in the surface acreage of the unit area, and owners of interests in the carbon dioxide injected or to be injected in the reservoir will be protected;

(d) The cost incident to conducting the geologic sequestration operation will not be borne by the royalty owners of the oil, gas or other commercial minerals except for post-production treating, processing, transportation, and marketing expenses when concurrent production occurs with the geologic sequestration operation; and

(e) The storage operator or a predecessor operator of a proposed sequestration facility has demonstrated the boundaries of the unit as may be necessary for the board to approve the unit by the drilling of wells to sufficient depths and locations, or by other geological or engineering interpretations which may include those from logging, coring, modeling or monitoring.
Miss. Code Ann. § 53-11-17 — MS Code / Title 53 / Chapter 5 / Section 11-17
Miss. Code Ann. § 53-11-17
Status: in_force

All public hearings before the board under this chapter shall be conducted pursuant to the provisions of Sections 53-1-19 through 53-1-37 .
Miss. Code Ann. § 53-7-23 — MS Code / Title 53 / Chapter 5 / Section 7-23
Miss. Code Ann. § 53-7-23
Status: in_force

(1) The Permit Board may issue general permits consistent with regulations adopted by the commission to cover those surface mining operations deemed appropriate by the Permit Board. Conditions in any general permit shall provide that no operation shall be conducted on lands designated as unsuitable for mining and that each operator shall submit a proposed initial reclamation plan and a performance bond in an amount sufficient to properly reclaim the permit area. The Permit Board may include other conditions as required by the rules and regulations of the commission.

(2) Before commencing any operation for which coverage under a general permit may be obtained, each applicant for coverage under a general permit shall submit to the department an application in the form and containing the information as the department shall specify, including a copy of the proposed initial reclamation plan and except as otherwise provided by this section, a performance bond in an amount proposed by the applicant to be sufficient to properly reclaim the permit area. As the operation progresses, the applicant may revise the reclamation plan and submit the revised plan to the department for approval. The amount of the proposed performance bond shall not be less than the minimum provided in Section 53-7-37 .

(3) The Permit Board shall issue a general permit for surface mining operations having a permitted area of more than four (4) acres but less than ten (10) acres which are conducted for projects funded in whole or in part by public funds for the Mississippi Department of Transportation or the Division of State Aid Road Construction. The general permit issued under this subsection shall require that all materials obtained from an operation covered under this general permit shall be used exclusively on the Mississippi Department of Transportation or Division of State Aid Road Construction project and that no materials from an operation covered under this permit may be provided or sold for any other purpose. The Permit Board shall consult with the Mississippi Department of Transportation on the development of this general permit. An applicant for a coverage under a general permit issued under this subsection shall submit an application for coverage and a proposed initial reclamation plan as required by this section, but the applicant shall not be required to post a performance bond under this section, if the applicant submits a copy of the bond posted with the Mississippi Department of Transportation or the Division of State Aid Road Construction. The Mississippi Department of Transportation or the Division of State Aid Road Construction shall not release the bond until all reclamation requirements of the general permit issued under this section have been met. No operation conducted under a general permit issued under this subsection shall be conducted in lands designated as unsuitable for mining under Section 53-7-49 or 53-7-51 . The Permit Board may include other conditions as required by the rules and regulations of the commission in the general permit issued under this section.

(4) Within three (3) working days after receiving the application for coverage under a general permit, the department shall review the application, determine if the proposed surface mining operation is eligible for coverage under a general permit, and notify the applicant in writing accordingly. Operations may commence at the mining site after the operator receives notice of coverage.
Miss. Code Ann. § 53-11-27 — MS Code / Title 53 / Chapter 7 / Section 11-27
Miss. Code Ann. § 53-11-27
Status: in_force

(1) The storage operator may file an application with the board for the release of the performance bond, deposit or other assurance of performance on or after the third anniversary of the date the board issued a certificate of completion for the geologic sequestration facility. An application for a release shall require a description of the status of the carbon dioxide plume development or migration compared to models previously provided to the board, and any other information the board may reasonably require in accordance with this chapter. The board shall give notice of the pending release application by publication as provided in Section 53-3-115 .

(2) Before the board's release of all or any portion of a storage operator's performance bond, deposit or other assurance of performance, the board shall require that the storage operator satisfy, in the reasonable determination of the board, the financial assurance requirements of the federal Safe Drinking Water Act and regulations promulgated thereunder. If the financial assurance has as any component a trust or standby trust, the board and the state shall be named as trust beneficiaries. The trust situs shall be located in the state, and at least one (1) trustee shall be a legal resident of the state.

(3) The board may release, in whole or in part, the performance bond, deposit or other assurance of performance if it is satisfied that plume migration has stabilized or is developing in the manner anticipated in models previously filed with the board and the geologic sequestration facility has met all necessary mechanical integrity requirements.

(4) When the storage operator has successfully completed any necessary remedial actions required by the board, but not more than two (2) years beyond the date of the board's initial, partial release of the performance bond, deposit or other assurance of performance, the board shall release the remaining portion of the performance bond, deposit or other assurance of performance. However, no performance bond, deposit or other assurance of performance shall be fully released until all requirements of this chapter are fully met.

(5) If the board denies the application for release of the performance bond, deposit or other assurance of performance or portion thereof, it shall notify the storage operator, in writing, stating the reasons for denial and recommending corrective actions necessary to secure the release.

(6) Full release by the board of the performance bond, deposit or other assurance of performance of the storage operator or any other party holding title to the stored carbon dioxide, shall not affect, either to enlarge or diminish in any way, any legal obligations of the owner of the carbon dioxide or an owner or operator of any carbon dioxide sequestration facility resulting from the actions authorized pursuant to this chapter.

(7) Substantial compliance with this chapter shall in no way be construed to be an absolute defense to civil liability.
Miss. Code Ann. § 53-11-31 — MS Code / Title 53 / Chapter 1 / Section 11-31
Miss. Code Ann. § 53-11-31
Status: in_force

Any interested person, as defined in this section, adversely affected by any provision or section of this chapter within the jurisdiction of the board or by any rule, regulation or order made by the board thereunder, or by any act done or threatened thereunder, may obtain court review and seek relief by appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, or the chancery court of the county in which the land involved, or any part thereof, is situated. The term “ interested person ” means all mineral and royalty owners, mineral lessees, if any, and the owners of surface on which injection or reinjection wells and other surface equipment connected with a geologic sequestration facility is or will be situated. Any interested party may appeal to the chancery court of the county in which the land involved or any part thereof is situated, if appeal is demanded within thirty (30) days from the date that the rule, regulation or order of the board is filed for record in the office of the board.

The appeal may be taken by filing notice of the appeal with the board, whereupon the board shall, under its certificate, transmit to the court appealed to all documents and papers on file in the matter, together with a transcript of the record, which documents and papers together with said transcript of the record shall be transmitted to the clerk of the chancery court of the county to which the appeal is taken.

Except as otherwise provided in this section, the appeal otherwise shall be made in accordance with the provisions of Sections 53-1-39 and 53-1-41 .
Miss. Code Ann. § 53-9-101 — MS Code / Title 53 / Chapter 9 / Section 9-101
Miss. Code Ann. § 53-9-101
Status: in_force

(1) Expenditures of funds from the Abandoned Mine Lands Reclamation Account on eligible lands and water shall reflect the following priorities:

(a) The protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices;

(b) The protection of public health and safety from adverse effects of coal mining practices; and

(c) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources and agricultural productivity.

(2) After certification under 30 USC 1240a(a) by the Governor to the United States Secretary of the Interior that all of the priorities stated in subsection (1) of this section for eligible lands and waters have been achieved, and upon concurrence by the secretary with that certification, funds in the Abandoned Mine Lands Reclamation Account may be used for reclamation at abandoned mine lands that were mined or processed for or effected by the mining or processing of noncoal minerals. Expenditure of funds for land, water and facilities referred to in this subsection shall reflect the following priorities in the order stated, in lieu of the priorities stated in subsection (1) of this section:

(a) The protection of public health, safety, general welfare and property from extreme danger of adverse effects of mineral mining and processing practices;

(b) The protection of public health, safety and general welfare from adverse effects of mineral mining and processing practices;

(c) The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.

(3) Sites and areas designated for remedial action under the Uranium Mill Tailings Radiation Control Act of 1978, 42 USC 7901 et seq., or which have been listed for remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC 9601 et seq., shall not be eligible for expenditure from the Abandoned Mine Lands Reclamation Account.

(4) Reclamation projects involving the protection, repair, replacement, construction or enhancement of utilities, such as those relating to water supply, roads and such other facilities serving the public adversely affected by mineral mining and processing practices, and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices, shall be deemed part of the objectives set forth and undertaken as they relate to the priorities stated in subsection (2) of this section.
Miss. Code Ann. § 53-9-39 — MS Code / Title 53 / Chapter 5 / Section 9-39
Miss. Code Ann. § 53-9-39
Status: in_force

(1) Within fourteen (14) days after issuing or denying a permit or granting or denying a modification to an existing permit, as recorded in the minutes of the permit board, the permit board shall notify by mail to the last-known address, the following:

(a) The permit applicant;

(b) The mayor of each municipality and the president of the board of supervisors of each county in which the permit area is located;

(c) Persons who submitted written comments concerning the application in the time, manner and form as provided by regulation, if those persons provided the permit board with a complete address; and

(d) Persons who requested the public hearing, if a public hearing was held, if those persons provided the permit board with a complete address.

The notification required under paragraph (b) of this subsection shall include a description of the permit area and a summary of the mining and reclamation plan.

(2) If the permit board denies the permit, the permit board shall provide the applicant in writing specific reasons for its denial.

(3) Within forty-five (45) days after the action of the permit board, as recorded in the minutes of the permit board, the applicant or any other interested party may request a formal hearing. If the permit board fails to take action within the time allowed under Section 53-9-37 , any interested party may request a formal hearing on that failure to act. Any formal hearing shall be conducted within sixty (60) days after receipt of the first request for a formal hearing. No person who presided at a public hearing on an application for the same surface coal mining and reclamation operation under Section 53-9-37 shall preside at the formal hearing. At the conclusion of the formal hearing or within thirty (30) days after the formal hearing, the permit board shall enter in its minutes a final decision affirming, modifying or reversing its prior decision to issue or deny the permit. The permit board shall mail within seven (7) days after its final decision as recorded in the minutes of the permit board, notice of that decision to the applicant and all persons who participated as a party in the formal hearing. The deadlines in this subsection may be extended by written agreement of the parties.

(4) If a hearing is requested under subsection (3) of this section, the permit board may, under any conditions as it may prescribe, grant temporary relief as it deems appropriate pending a final action if:

(a) All proper parties to the formal hearing have been notified and given an opportunity to be heard on a request for temporary relief;

(b) The person requesting that relief shows that there is substantial likelihood that the person will prevail on the merits of the final action; and

(c) Any relief shall not adversely affect the public health or safety or cause significant imminent environmental harm to land, air or water resources.

(5) A verbatim record of each formal hearing held under this chapter shall be made.

(6) Any applicant or any person who participated as a party in the formal hearing and who is aggrieved by the final action of the permit board may appeal that action in accordance with Section 49-17-29 .
Miss. Code Ann. § 53-9-33 — MS Code / Title 53 / Chapter 5 / Section 9-33
Miss. Code Ann. § 53-9-33
Status: in_force

(1) Upon the basis of a complete application for permit or a complete application for modification or reissuance of a permit, including public notification and an opportunity for public hearing as required by Section 53-9-37 , the permit board shall issue, deny or modify the permit within the time required under Section 53-9-37 and shall notify the applicant in writing of its action within the time required under Section 53-9-39 . The applicant for a permit or modification of a permit shall have the burden of establishing that its complete application is in compliance with the requirements of this chapter and regulations promulgated under this chapter. The action of the permit board shall be effective upon the initial decision by the permit board as recorded in the minutes of the permit board.

(2) No permit or modification shall be issued or granted unless the application affirmatively demonstrates, and the permit board finds in writing on the basis of the information set forth in the application or from information otherwise available which shall be documented in the written findings of the permit board and made available to the applicant, that:

(a) The permit application is accurate and complete, and the applicant and application have complied with all requirements of this chapter and the regulations promulgated under this chapter;

(b) The applicant has demonstrated that reclamation as required by this chapter and the regulations promulgated under this chapter can be accomplished under the reclamation plan contained in the permit application;

(c) The assessment of the probable cumulative impact of all anticipated mining in the area on the hydrologic balance as specified in Section 53-9-25 , has been made by the state geologist and the proposed operation has been designed to prevent material damage to hydrologic balance outside the permit area;

(d) The area proposed to be mined is not included within an area designated unsuitable for surface coal mining under Section 53-9-71 , or is not within an area that is the subject of an administrative proceeding for that designation commenced under Section 53-9-71 ; and

(e) If the private coal estate has been severed from the private surface estate, the applicant shall have submitted to the permit board:

(i) The written consent of the surface owners to the extraction of coal by surface mining methods; or

(ii) A conveyance that expressly grants or reserves the right to extract the coal by surface mining methods.

Any determination made by the permit board under paragraph (e) of this subsection shall not be construed as an adjudication of property rights.

(3) If the area proposed to be mined contains prime farmland the permit board shall issue a permit to mine on prime farmland if the permit board finds in writing that the operator has satisfied the requirements of subsection (2) of this section and has the technological capability to restore the mined area within a reasonable time to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards in the regulations promulgated under Section 53-9-45 .

(4) No transfer, assignment or sale of the rights granted under any permit issued under this chapter shall be made without approval of the permit board.

(5) The permit board shall, within a period of time established in regulations promulgated by the commission, review outstanding permits and may require reasonable modification of the permit provisions during the term of that permit. Any modification shall be based upon a written finding and subject to notice and hearing requirements established by this chapter and regulations promulgated under this chapter.
Miss. Code Ann. § 53-9-33 — MS Code / Title 53 / Chapter 7 / Section 9-33
Miss. Code Ann. § 53-9-33
Status: in_force

(1) Upon the basis of a complete application for permit or a complete application for modification or reissuance of a permit, including public notification and an opportunity for public hearing as required by Section 53-9-37 , the permit board shall issue, deny or modify the permit within the time required under Section 53-9-37 and shall notify the applicant in writing of its action within the time required under Section 53-9-39 . The applicant for a permit or modification of a permit shall have the burden of establishing that its complete application is in compliance with the requirements of this chapter and regulations promulgated under this chapter. The action of the permit board shall be effective upon the initial decision by the permit board as recorded in the minutes of the permit board.

(2) No permit or modification shall be issued or granted unless the application affirmatively demonstrates, and the permit board finds in writing on the basis of the information set forth in the application or from information otherwise available which shall be documented in the written findings of the permit board and made available to the applicant, that:

(a) The permit application is accurate and complete, and the applicant and application have complied with all requirements of this chapter and the regulations promulgated under this chapter;

(b) The applicant has demonstrated that reclamation as required by this chapter and the regulations promulgated under this chapter can be accomplished under the reclamation plan contained in the permit application;

(c) The assessment of the probable cumulative impact of all anticipated mining in the area on the hydrologic balance as specified in Section 53-9-25 , has been made by the state geologist and the proposed operation has been designed to prevent material damage to hydrologic balance outside the permit area;

(d) The area proposed to be mined is not included within an area designated unsuitable for surface coal mining under Section 53-9-71 , or is not within an area that is the subject of an administrative proceeding for that designation commenced under Section 53-9-71 ; and

(e) If the private coal estate has been severed from the private surface estate, the applicant shall have submitted to the permit board:

(i) The written consent of the surface owners to the extraction of coal by surface mining methods; or

(ii) A conveyance that expressly grants or reserves the right to extract the coal by surface mining methods.

Any determination made by the permit board under paragraph (e) of this subsection shall not be construed as an adjudication of property rights.

(3) If the area proposed to be mined contains prime farmland the permit board shall issue a permit to mine on prime farmland if the permit board finds in writing that the operator has satisfied the requirements of subsection (2) of this section and has the technological capability to restore the mined area within a reasonable time to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards in the regulations promulgated under Section 53-9-45 .

(4) No transfer, assignment or sale of the rights granted under any permit issued under this chapter shall be made without approval of the permit board.

(5) The permit board shall, within a period of time established in regulations promulgated by the commission, review outstanding permits and may require reasonable modification of the permit provisions during the term of that permit. Any modification shall be based upon a written finding and subject to notice and hearing requirements established by this chapter and regulations promulgated under this chapter.
Miss. Code Ann. § 53-5-15 — MS Code / Title 53 / Chapter 1 / Section 5-15
Miss. Code Ann. § 53-5-15
Status: in_force

The board of the Mississippi Geological Survey, in the conduct of its work may confer with, and when deemed advisable, may act in cooperation with the United States Geological Survey or other federal agencies in making and publishing the results of topographic, geologic and hydrographic surveys in the State of Mississippi. Such cooperative effort may be directed by either of the contracting parties at the discretion of the board.