Miss. Code Ann. § 53-3-19 — MS Code / Title 53 / Chapter 3 / Section 3-19
Miss. Code Ann. § 53-3-19
Status: in_force

Apart from, and in addition to, any other remedy or procedure which may be available to the state oil and gas board, or any penalty which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas, or illegal product, all illegal oil, illegal gas and illegal product shall, except under such circumstances as are stated herein, be contraband and shall be seized and sold, and the proceeds applied as herein provided. Such sale shall not take place unless the court shall find, in the proceeding provided for in this paragraph, that the commodity involved is contraband. Whenever the board believes that illegal oil, illegal gas or illegal product is subject to seizure and sale, as provided herein, it shall, through the attorney general, bring a civil action in rem for that purpose in the circuit court of the county where the commodity is found, or the action may be maintained in connection with any suit or cross-action for injunction or for penalty relating to any prohibited transaction involving such illegal oil, illegal gas or illegal product. Any interested person who may show himself to be adversely affected by any such seizure and sale shall have the right to intervene in such suit to protect his rights.

The action referred to above shall be strictly in rem and shall proceed in the name of the state as plaintiff against the illegal oil, illegal gas or illegal product mentioned in the complaint, as defendant, and no bond or bonds shall be required of the plaintiff in connection therewith. Upon the filing of the complaint, the clerk of the court shall issue a summons directed to the sheriff of the county, or to such officer or person as the court may authorize to serve process, requiring him to summon any and all persons (without undertaking to name them) who may be interested in the illegal oil, illegal gas, or illegal product mentioned in the complaint to appear and answer within thirty days after the issuance and service of such summons. The summons shall contain the style and number of the suit and a very brief statement of the nature of the cause of action. It shall be served by posting one copy thereof at the courthouse door of the county where the commodity involved in the suit is alleged to be located and by posting another copy thereof near the place where the commodity is alleged to be located. Copy of such summons shall be posted at least five days before the return day stated therein, and the posting of such copy shall constitute constructive possession of such commodity by the state. A copy of the summons shall also be published once each week for three weeks in some newspaper published in the county where the suit is pending or having a bona fide circulation therein. No judgment shall be pronounced by any court condemning such commodity as contraband until after the lapse of five days from the last publication of said summons. Proof of service of said summons, and the manner thereof, shall be as provided by general law.

Where it appears by a verified pleading on the part of the plaintiff, or by affidavit, or affidavits, that grounds for the seizure and sale exist, the clerk, in addition to the summons, shall issue an order of seizure, which shall be signed by the clerk and bear the seal of the court. Such order of seizure shall specifically describe the illegal oil, illegal gas, or illegal product, so that the same may be identified with reasonable certainty. It shall direct the sheriff to whom it is addressed to take into his custody, actual or constructive, the illegal oil, illegal gas or illegal product, described therein, and to hold the same subject to the orders of the court. Said order of seizure shall be executed as a writ of attachment is executed. No bond shall be required before the issuance of such order of seizure, and the sheriff shall be responsible upon his official bond for the proper execution thereof. For his service hereunder, the sheriff shall receive a fee as in like cases of seizure of personal property and to be assessed as other cost in the cause.

Sales of illegal oil, illegal gas or illegal product, seized under the authority of this section, and notice of such sales, shall be in accordance with the laws of this state relating to the sale of personal property under execution. For his services hereunder the sheriff shall receive a fee and expenses in like sales of personal property to be paid out of the proceeds of the sale or sales to be fixed by the court ordering such sale.

The court may order that the commodity be sold in specified lots or portions, and at specified intervals, instead of being sold at one time. Title to the amount sold shall pass as of the date of the act which is found by the court to make the commodity contraband. The judgment shall provide for payment of the proceeds of the sale into the state oil and gas fund, after first deducting the costs in connection with the proceedings and sale, and after paying to any royalty owner intervening as an interested party in the suit, the value of his interest in the said oil or gas, provided he has established his title to the said oil or gas royalty interest. The amount sold shall be treated as legal oil, legal gas or legal product, as the case may be, in the hands of the purchaser, but the purchaser and the commodity shall be subject to all applicable laws, and rules, regulations and orders with respect to further sale or purchase or acquisition, and with respect to the transportation, refining, processing, or handling in any other way, of the commodity purchased.

The producer, owner, or any other party contesting the validity of any such seizure and having an interest in securing the release of the seized oil, gas or other product, may obtain the release thereof upon furnishing a bond issued by a corporate surety company, duly qualified to do business in the state in an amount double the current market value of the oil, gas or other product held under seizure, which bond shall be conditioned and approved in the same manner as a replevin bond.

Nothing in this section shall deny or abridge any cause of action a royalty owner, or a lien holder, or any other claimant, may have, because of the forfeiture of the illegal oil, illegal gas, or illegal product, against the person whose act resulted in such forfeiture. All oil, gas or other illegal product sold as provided in this section shall be sold in like cases of personal property sold under execution.
Miss. Code Ann. § 53-9-105 — MS Code / Title 53 / Chapter 1 / Section 9-105
Miss. Code Ann. § 53-9-105
Status: in_force

(1) The department, through the Office of Geology, shall establish and maintain a state reclamation program for abandoned mines which complies with Subchapter IV of the federal Surface Mining Control and Reclamation Act of 1977, 30 USCS 1231 through 1243 .

(2) For any year in which the department intends to conduct abandoned mine lands reclamation with amounts held in the Abandoned Mine Lands Reclamation Account, the executive director shall submit to the secretary an application for the support of the state program and implementation of specific reclamation projects. Such requests shall include information required by the secretary. This may include, but is not limited to:

(a) A general description of each proposed project;

(b) A priority evaluation of each proposed project;

(c) A statement of the estimated benefits in such terms as: number of acres restored, miles of stream improved, acres of surface lands protected from subsidence, population protected from subsidence, air pollution, hazards of mine and coal refuse disposal area fires;

(d) An estimate of the cost for each proposed project;

(e) In the case of proposed research and demonstration projects, a description of the specific techniques to be evaluated or objective to be attained;

(f) An identification of lands or interest therein to be acquired and the estimated cost; and

(g) In each year after the first in which a plan is filed, an inventory of each project funded under the previous year's grant. This inventory shall include details of financial expenditures on each project together with a brief description of each project, including project locations, the landowner's name, acreage, and the type of reclamation or abatement performed.

(3) The reported costs for each proposed project shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses.

(4) The executive director shall make reports on operations of the reclamation program as required by the secretary or by Congress.

(5) The executive director shall at all times accept and consider comments regarding annual grant applications and the eligibility, priority ranking and selection of lands for reclamation. At least thirty (30) days prior to the submission of each annual grant application to the secretary, the executive director shall provide for a public hearing and shall publish a notice regarding the proposed grant application and the public hearing in a newspaper of general circulation in the state. The public notice shall state that a hearing will be held, generally outline the grant application, and solicit comments regarding the application. A listing and identification of all projects included in the grant application shall be mailed to all persons who have requested written notification of the annual grant application and shall be available to any person upon request. At the public hearing for review of an annual grant application, any person may appear before the executive director or his or her designee and be heard on the record. The executive director may receive documentary or other evidence for inclusion in the record. The executive director shall fix a time for the closing of the record and may, in his discretion, receive other comments or evidence that he deems appropriate after the public hearing and before the closing of the record. A copy of the record shall be included with the grant application to the secretary.

(6) The state shall not be liable under any provision of federal law for any costs or damages as a result of action taken or omitted in the course of carrying out the state reclamation program approved by the secretary. This subsection shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the state. Reckless, willful or wanton misconduct shall constitute gross negligence. However, nothing in this subsection shall be deemed to waive any immunity provided by Mississippi law to the state or its employees, or to waive the protection afforded the state by the Eleventh Amendment to the United States Constitution.
Miss. Code Ann. § 53-5-13 — MS Code / Title 53 / Chapter 5 / Section 5-13
Miss. Code Ann. § 53-5-13
Status: in_force

For the purpose of making the survey hereinbefore provided for, it shall be lawful for the persons employed by the survey in making the same to enter upon all lands within the boundaries of this state, but this section shall not be construed as authorizing unnecessary interference with private rights.
Miss. Code Ann. § 53-9-31 — MS Code / Title 53 / Chapter 9 / Section 9-31
Miss. Code Ann. § 53-9-31
Status: in_force

(1) The applicant shall file with the department, in the manner and form as required by the commission, a bond for performance payable to the commission and conditional upon faithful performance of the requirements of this chapter and the permit. The bond shall be filed before the issuance of a permit. The bond shall cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. The permit area shall be readily identifiable by appropriate marks on the site. As succeeding increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the department an additional bond or bonds to cover those increments in accordance with this section. The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the permit and shall reflect the probable difficulty of reclamation, giving consideration to factors such as topography, geology of the site, hydrology and revegetation potential. The amount of the bond shall be determined by the permit board after consultation with the state geologist. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the department in the event of forfeiture, and in no case shall the bond for the entire area under one (1) permit be less than Ten Thousand Dollars ($10,000.00).

(2) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period which coincides with the operator's responsibility for revegetation requirements in regulations promulgated under Section 53-9-45 . The bond shall be executed by the operator and a corporate surety licensed to do business in this state. The operator may elect to deposit the following in lieu of the surety bond: cash, negotiable bonds of the United States government or the state, or negotiable certificates of deposit or a letter of credit of any bank organized or transacting business in the state and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or a similar federal banking or savings and loan insurance organization. The cash deposit or market value of the securities shall be equal to or greater than the amount of the bond required for the bonded area.

(3) In accordance with any conditions established by the commission in regulations promulgated under this chapter, the permit board may accept the bond of the applicant itself without separate surety if the applicant demonstrates to the satisfaction of the permit board the existence of a suitable agent to receive service of process, a history of financial solvency and continuous operation sufficient for authorization to self-insure or bond that amount.

(4) Cash, negotiable bonds, negotiable certificates of deposit, letters of credit or securities deposited as provided in subsection (2) of this section shall be deposited on the same terms upon which surety bonds may be deposited.

(5) The amount of the financial assurance required and the terms of each acceptance of the applicant's financial assurance shall be adjusted by the permit board from time to time as affected land acreages are increased or decreased or where the cost of future reclamation changes.
Miss. Code Ann. § 53-9-69 — MS Code / Title 53 / Chapter 5 / Section 9-69
Miss. Code Ann. § 53-9-69
Status: in_force

(1)(a) When, on the basis of any information available, including receipt of information from any person, the executive director or state geologist as the executive director's designee has reason to believe that any person is in violation of this chapter, any regulation or written order of the commission issued or promulgated under this chapter or any condition of a permit, the executive director or state geologist as the executive director's designee shall immediately order inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available is a result of a previous inspection of the surface coal mining operation. When the inspection results from information provided to the executive director or state geologist by any person who is not an employee of the department, the executive director or state geologist as the executive director's designee shall notify the person when the inspection is proposed to be carried out and the person shall be allowed to accompany the inspector during the inspection.

(b) When, on the basis of any inspection, the executive director or the executive director's authorized representative determines that any condition or practices exist or that any permittee is in violation of this chapter or any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit and the condition, practice or violation also creates an imminent danger to the health and safety of the public, or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air or water resources, the executive director or the executive director's authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion of those operations relevant to the condition, practice or violation. The cessation order shall remain in effect until the executive director or the executive director's authorized representative determines that the condition, practice or violation has been abated or until the order is modified, vacated or terminated by the executive director or the executive director's authorized representative. If the commission, executive director or the executive director's authorized representative finds that the ordered cessation of surface coal mining and reclamation operations, or any portion of those operations shall not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air or water resources, the commission, executive director or the executive director's authorized representative shall, in addition to the cessation order, impose obligations on the operator requiring the operator to take whatever steps the commission, executive director or the executive director's authorized representative deems necessary to abate the imminent danger or the significant environmental harm.

(c)(i) When, on the basis of an inspection, the executive director or the executive director's authorized representative determines that any permittee is in violation of this chapter, any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit but that violation does not create an imminent danger to the health and safety of the public or cannot be reasonably expected to cause significant imminent environmental harm to land, air or water resources, the commission, executive director or the executive director's authorized representative shall issue an order to the permittee or agent of the permittee setting a reasonable time of not more than ninety (90) days for the abatement of the violation and if deemed necessary by the commission, executive director or the executive director's authorized representative ordering an immediate cessation of activities violating or resulting in the violation of this chapter, the regulations promulgated under this chapter or any condition or limitation of a permit.

(ii) If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the commission, the executive director or the executive director's authorized representative finds that the violation has not been abated, the commission, the executive director or the executive director's authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion of those operations relevant to the violation. The cessation order shall remain in effect until the commission, the executive director or the executive director's authorized representative determines that the violation has been abated or until that order is modified, vacated or terminated by the commission, the executive director or the executive director's authorized representative. In the cessation order issued by the commission, the executive director or the executive director's authorized representative, the commission, the executive director or the executive director's authorized representative shall determine the steps necessary to abate the violation in the most expeditious manner possible, and shall include measures in the order necessary to achieve that abatement.

(d) When, on the basis of an inspection, the executive director has reason to believe that a pattern of violations of this chapter, any regulation promulgated under this chapter or any condition of a permit exists or has existed, and if the executive director also finds that the violations are caused by the unwarranted failure of the permittee to comply with this chapter, any regulation promulgated under this chapter or any condition of a permit, or that the violations are willfully caused by the permittee, the executive director shall issue an order to the permittee to show cause as to why the permit should not be suspended or revoked by the permit board. Upon the permittee's failure to show cause to the satisfaction of the executive director or the executive director's authorized representative as to why the permit should not be suspended or revoked, the executive director or the executive director's authorized representative shall present this information to the permit board and request that the permit board suspend or revoke the permit. The permit board shall decide the executive director's request under the procedures of Section 49-17-29(4) and (5) . Any request by an interested party for a formal hearing regarding the permit board's initial decision on suspension or revocation of the permit or any appeal of the final decision following the formal hearing by any person who participated as a party in the formal hearing may be taken as provided under Section 49-17-29(4) and (5) .

(e) The permittee or other interested party may request a formal hearing concerning an order of the commission issued under paragraph (b) or (c) of this subsection as provided under Section 49-17-41 .

(2)(a) The commission may institute a civil action for relief, including a permanent or temporary injunction or any other appropriate order, in the chancery court of the county or judicial district in which the surface coal mining and reclamation operation is located, in which the permittee has its principal office, or in the First Judicial District of Hinds County when the permittee or its agent:

(i) Violates or fails or refuses to comply with any permit, order or decision issued by the permit board or commission under this chapter;

(ii) Interferes with, hinders or delays the commission, permit board, department, executive director or any authorized representative of the executive director in carrying out this chapter;

(iii) Refuses to admit any authorized representative of the executive director, commission, permit board or department to the mine;

(iv) Refuses to permit inspection of the mine by that authorized representative;

(v) Refuses to furnish any information or report requested by the commission, permit board or department in furtherance of this chapter; or

(vi) Refuses to permit access to and copying of any records as the commission, permit board or department determines necessary in carrying out this chapter.

(b) The court shall have jurisdiction to provide any relief as may be appropriate. Preliminary injunctions shall be issued in accordance with state law. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard or endangerment to the environment or public health, it is not necessary that the commission plead or prove: (i) that irreparable damage would result if the injunction did not issue; (ii) that there is no adequate remedy at law; or (iii) that a written complaint or commission order has first been issued for the alleged violation. Any relief granted by the court to enforce an order under subsection 2(a)(i) of this section shall continue in effect until the completion or final termination of all proceedings for review of that order under this chapter unless, before that time, the court granting the relief sets it aside or modifies it.

(3) Nothing in this section shall be construed to eliminate any additional enforcement rights or procedures which are available under state law to a state agency but which are not specifically stated in this section.

(4) When an order is issued under this section, or as a result of any administrative proceeding under this chapter, at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney's fees, as determined by the commission to have been reasonably incurred by that person for or in conjunction with that person's participation in the proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review, or the commission, resulting from administrative proceedings deems proper.
Miss. Code Ann. § 53-1-23 — MS Code / Title 53 / Chapter 1 / Section 1-23
Miss. Code Ann. § 53-1-23
Status: in_force

In the event an emergency is found to exist by the board which, in its judgment, requires the making, changing, renewal, or extension of a rule, regulation, or order without first having a hearing, such emergency rule, regulation, or order shall have the same validity as if a hearing with respect to the same had been held after due notice. The emergency rule, regulation or order permitted by this section shall remain in force no longer than forty-five (45) days from its effective date, and, in any event, it shall expire when the rule, regulation, or order made after due notice and hearing with respect to the subject matter of such emergency rule, regulation or order becomes effective.
Miss. Code Ann. § 53-7-47 — MS Code / Title 53 / Chapter 7 / Section 7-47
Miss. Code Ann. § 53-7-47
Status: in_force

To the extent that the commission, the Permit Board and the department may exercise jurisdiction over the areas specified in this section, no surface mining operation shall be conducted on lands which are part of a national park, national monument, national historic landmark, any property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild or scenic river, 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, forest or historical area. For good cause shown and after any public hearing the commission may elect to hold, the commission may make an exception to this section.
Miss. Code Ann. § 53-11-5 — MS Code / Title 53 / Chapter 3 / Section 11-5
Miss. Code Ann. § 53-11-5
Status: in_force

As used in this chapter, the following terms shall have the meanings ascribed unless the context clearly indicates otherwise:

(a) “ Board ” means the State Oil and Gas Board created by Section 53-1-5 .

(b) “ Carbon dioxide ” means: (i) naturally occurring carbon dioxide; (ii) geologically sourced carbon dioxide; (iii) anthropogenic carbon dioxide; or (iv) carbon dioxide stream. The term includes phases of carbon dioxide, whether fluid, liquid or gaseous, stripped, segregated, or divided from any other fluid stream thereof.

(c) “ Carbon dioxide stream ” means carbon dioxide that has been captured from an emission source (e.g., a power plant), plus incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process. This paragraph (c) does not apply to any carbon dioxide stream that meets the definition of hazardous waste under federal environmental laws and regulations.

(d) “ Class VI underground injection control wells ” means wells that are not experimental in nature, that are used for geologic sequestration of a carbon dioxide stream, either alone or in combination with injection of carbon dioxide in other forms, and which inject beneath the lowermost formation containing an underground source of drinking water.

(e) “ Department ” means the Mississippi Department of Environmental Quality created by Section 49-2-4 .

(f) “ Enhanced oil or gas recovery project ” means secondary recovery, pressure maintenance, repressuring operations, cycling operations, water-flooding operations, injection of carbon dioxide or other gaseous substances or any combination thereof, or any other form of effort calculated to increase the ultimate recovery of oil or gas or both from a reservoir.

(g) “Gas” has the same meaning as provided in Section 53-1-3(d) .

(h) “ Geologic sequestration ” means the long-term containment of a gaseous, liquid, or supercritical carbon dioxide stream in subsurface geologic formations. For purposes of this chapter, “storage” and “sequestration” have the same meaning. This term does not apply to carbon dioxide capture or transport.

(i) “ Geologic sequestration facility ” means a facility that receives and contains or sequesters carbon dioxide, or has done so, including:

(i) The reservoir into which carbon dioxide is injected;

(ii) Sequestration wells, monitoring wells, underground equipment, and surface buildings and equipment utilized in geologic sequestration, owned by or under the control of the storage operator; and

(iii) Other property identified by the board as part of the facility.

The reservoir component of the geologic sequestration facility includes any necessary and reasonable buffer and subsurface monitoring zones designated by the board for the purpose of ensuring the safe and efficient operation of the geologic sequestration facility for the containment or sequestration of carbon dioxide and shall be chosen to protect against escape or migration of carbon dioxide. Nothing in this definition shall prevent orderly withdrawal of the contained carbon dioxide as appropriate or necessary to allow carbon dioxide to be available for enhanced oil or gas recovery projects or other authorized commercial, and industrial uses.

(j) “Oil” has the same meaning as provided in Section 53-1-3(c) .

(k) “ Oil and gas reservoir ” shall mean a pool or field as defined in Section 53-1-3(e) and (f) .

( l ) “ Owner ,” except when used in the phrases “working owner” or “royalty owner,” shall have its ordinary, accepted meaning.

(m) “ Person ” means any natural person, corporation, association, partnership, limited liability company, or other entity, receiver, executor, administrator, fiduciary or representative of any kind.

(n) “ Reservoir ” means oil and gas reservoirs and formations above and below oil and gas reservoirs suitable for or capable of being made suitable for the injection and storage of carbon dioxide therein, or any other geologic formation suitable for or capable of being made suitable for the injection and storage of carbon dioxide therein, but only those formations for which the boundaries have been or can be delineated as provided in this chapter.

(o) “ Royalty owner ” means any person who possesses an interest in production of oil, gas or other commercial minerals, but who is not a “working owner” as defined in this section.

(p) “ Safe Drinking Water Act ” means the Safe Drinking Water Act, as amended, Title 42, Chapter 6A, Subchapter XII ( 42 USCS Section 300(f) et seq.).

(q) “ Sequestration ” means geologic sequestration as used in this chapter and may include the incidental storage of carbon dioxide associated with enhanced oil recovery or gas recovery project operations.

(r) “ State ” means the State of Mississippi.

(s) “ Storage operator ” means the person authorized by the board to operate a geologic sequestration facility.

(t) “ Underground source of drinking water ” means an aquifer or portion of an aquifer that supplies any public water system or that contains a sufficient quantity of ground water to supply a public water system, and currently supplies drinking water for human consumption, or that contains fewer than ten thousand (10,000) milligrams per liter total dissolved solids and is not an exempted aquifer.

(u) “ Working owner ” means the person who has the right to drill into and produce from any pool of oil, gas or other commercial minerals, and to appropriate the production either for himself or for himself and another or others.
Miss. Code Ann. § 53-7-39 — MS Code / Title 53 / Chapter 3 / Section 7-39
Miss. Code Ann. § 53-7-39
Status: in_force

(1) The department shall conduct an initial review of a completed permit application within thirty (30) days following receipt of the completed application. The department shall make a recommendation to the Permit Board on the permit application no later than the next regularly scheduled Permit Board meeting following the thirty-day initial review period, unless a public hearing is held on the application or the applicant agrees in writing to an additional time frame. If a public hearing is held, the department shall make its recommendation at the next regularly scheduled Permit Board meeting following the public hearing, if practicable.

(2) An on-site inspection of the proposed affected area shall be made by the department within the thirty-day time period specified in subsection (1) of this section, and before a permit is issued.
Miss. Code Ann. § 53-7-23 — MS Code / Title 53 / Chapter 3 / 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. § 53-9-81 — MS Code / Title 53 / Chapter 1 / 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. § 53-7-67 — MS Code / Title 53 / Chapter 7 / 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. § 53-9-7 — MS Code / Title 53 / Chapter 7 / Section 9-7
Miss. Code Ann. § 53-9-7
Status: in_force

For the purposes of this chapter, the following terms shall have the meaning ascribed in this section unless the context requires otherwise:

(a) “ Abandoned mine lands ” means lands and waters affected by the mining or processing of coal before August 3, 1977, or affected by the mining or processing of noncoal minerals, including, but not limited to, sand, gravel, clay and soil, before August 3, 1977, and abandoned or left in either an unreclaimed or inadequately reclaimed condition, and for which there is no continuing reclamation responsibility required under state or federal law, and which continue in the present condition substantially to degrade the quality of the environment, to prevent or damage the beneficial use of land or water resources, or to endanger the health or safety of the public. Abandoned mine lands also means those lands and waters described by 30 USC 1232(g)(4) , 30 USC 1233(b)(1) and 30 USC 1239 .

(b) “ Appeal ” means an appeal to an appropriate court of the state taken from a final decision of the Permit Board or commission made after a formal hearing before that body.

(c) “ Approximate original contour ” means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land before mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Water impoundments may be allowed if the Permit Board determines that the impoundments are in compliance with Section 53-9-45(2)(g) .

(d) “ As recorded in the minutes of the Permit Board ” means the date of the Permit Board meeting at which the action concerned is taken by the Permit Board.

(e) “ Coal ” means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by the American Society of Testing and Materials.

(f) “ Commission ” means the Mississippi Commission on Environmental Quality.

(g) “ Department ” means the Mississippi Department of Environmental Quality.

(h) “ Executive director ” means the executive director of the department.

(i) “ Exploration operations ” means the disturbance of the surface or subsurface before surface coal mining and reclamation operations begin for the purpose of determining the location, quantity or quality of a coal deposit, and the gathering of environmental data to establish the conditions of the area before the beginning of surface coal mining and reclamation operations.

(j) “ Federal act ” means the Surface Mining Control and Reclamation Act of 1977, as amended, which is codified as Section 1201 et seq. of Title 30 of the United States Code .

(k) “ Formal hearing ” means a hearing on the record, as recorded and transcribed by a court reporter, before the commission or Permit Board where all parties to the hearing are allowed to present witnesses, cross-examine witnesses and present evidence for inclusion into the record, as appropriate under rules promulgated by the commission or Permit Board.

(l) “ Imminent danger to health and safety of the public ” means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter, in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before that condition, practice or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person subjected to the same conditions or practices giving rise to the peril would not expose himself or herself to the danger during the time necessary for abatement.

(m) “ Interested party ” means any person claiming an interest relating to the surface coal mining operation and who is so situated that the person may be affected by that operation, or in the matter of regulations promulgated by the commission, any person who is so situated that the person may be affected by the action.

(n) “ Lignite ” means consolidated lignite coal having less than eight thousand three hundred (8,300) British thermal units per pound, moist and mineral matter free.

(o) “ Operator ” means any person engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive calendar months in any one (1) location.

(p) “ Permit ” means a permit to conduct surface coal mining and reclamation operations issued under this chapter.

(q) “ Permit area ” means the area of land indicated on the approved map submitted by the operator with the permit application which area of land shall be covered by the operator's performance bond.

(r) “ Permit Board ” means the Permit Board created under Section 49-17-28 .

(s) “ Person ” means an individual, partnership, association, society, joint venture, joint-stock company, firm, company, corporation, cooperative or other business organization and any agency, unit or instrumentality of federal, state or local government, including any publicly owned utility or publicly owned corporation.

(t) “ Prime farmland ” means that farmland as defined by the United States Secretary of Agriculture on the basis of factors such as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding and erosion characteristics, and which historically have been used for intensive agricultural purposes, and as published in the federal register.

(u) “ Public hearing ,” “ informal hearing ” or “ public meeting ” means a public forum organized by the commission, department or Permit Board for the purpose of providing information to the public regarding a surface coal mining and reclamation operation or regulations proposed by the commission and at which members of the public are allowed to make comments or ask questions or both of the commission, department or the Permit Board.

(v) “ Reclamation plan ” means a plan submitted by an applicant for a permit which sets forth a plan for reclamation of the proposed surface coal mining operations under this chapter.

(w) “ Revision ” means any change to the permit or reclamation plan that does not significantly change the effect of the mining operation on either those persons impacted by the permitted operations or on the environment, including, but not limited to, incidental boundary changes to the permit area or a departure from or change within the permit area, incidental changes in the mining method or incidental changes in the reclamation plan.

(x) “ Secretary ” means the Secretary of the United States Department of Interior.

(y) “ State ” means the State of Mississippi.

(z) “ State geologist ” means the head of the Office of Geology and Energy Resources of the department or a successor office.

(aa) “ State reclamation program ” means the Mississippi program for abandoned mine reclamation provided for in this chapter.

(bb) “ Surface coal mining and reclamation operations ” means surface coal mining operations and all activities necessary and incident to the reclamation of those operations.

(cc) “ Surface coal mining operations ” means:

(i) Activities conducted on the surface and immediate subsurface of lands in connection with a surface coal mine, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect commerce. These activities include, but are not limited to:

(A) Excavation for the purpose of obtaining coal including common methods such as contour, strip, auger, mountaintop removal, boxcut, open pit and area mining;

(B) The use of explosives and blasting, in situ distillation or retorting, leaching or other chemical or physical processing; and

(C) The cleaning, concentrating or other processing or preparation, and the loading of coal for commerce at or near the mine site.

These activities do not include exploration operations subject to Section 53-9-41 .

(ii) Areas upon which the activities occur or where the activities disturb the natural land surface. These areas shall also include, but are not limited to:

(A) Any adjacent land the use of which is incidental to any activities;

(B) All lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of any activities and for haulage;

(C) All lands affected by excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, 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.

(dd) “ Unwarranted failure to comply ” means the failure of a permittee to prevent or abate the occurrence of any violation of a permit, this chapter or any regulation promulgated under this chapter due to indifference, lack of diligence or lack of reasonable care.
Miss. Code Ann. § 53-9-21 — MS Code / Title 53 / Chapter 9 / Section 9-21
Miss. Code Ann. § 53-9-21
Status: in_force

(1) No person shall open, develop, engage in, carry out or continue on lands within the state any new or existing surface coal mining operations without a permit issued by the permit board.

(2) All permits issued under this chapter shall be issued for a term not to exceed five (5) years, unless the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation. If the application is complete for the specified longer term, the permit board may issue a permit for the longer term.

(3) A successor in interest to a permittee who applies for a new permit within thirty (30) days of succeeding to that interest, and who is able to obtain the bond coverage of the original permittee, may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the permit board takes action on the successor's application.

(4) A permit shall be terminated if the permittee has not commenced the surface coal mining operations covered by that permit within three (3) years after the issuance of the permit. The permit board may grant reasonable extensions of time upon a showing that the extensions are necessary by reason of litigation precluding the commencement of surface coal mining operations or threatening substantial economic loss to the permittee upon or after commencement, or by reason of conditions beyond the control and without the fault or negligence of the permittee. For coal mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface coal mining operations at the time construction of the synthetic fuel or generating facility is initiated.
Miss. Code Ann. § 53-3-155 — MS Code / Title 53 / Chapter 1 / Section 3-155
Miss. Code Ann. § 53-3-155
Status: in_force

The use of an underground reservoir, stratum or formation as a reservoir for the storage of natural gas or compressed air as an appliance or appurtenance in connection with the conveying, transmission or distribution of natural gas or compressed air is hereby authorized, provided that the State Oil and Gas Board shall first enter an order, after notice and hearing pursuant to the provisions of Sections 53-1-19 through 53-1-31 , inclusive, approving any such proposed underground storage of natural gas or compressed air upon finding as follows:

(a) That the underground stratum or formation sought to be used as a reservoir for the injection, storage and withdrawal of natural gas or compressed air is suitable and feasible for such use and in the public interest, and is not an oil reservoir capable of commercial production;

(b) That a majority interest of all rights of the surface interest and a majority interest of all interests in the underground stratum or formation have consented to such use in writing;

(c) That the use of the underground stratum as a reservoir for the storage of natural gas or compressed air will not contaminate other formations containing fresh water, oil, gas or other commercial mineral deposits; and

(d) That the proposed storage will not endanger lives or property.
Miss. Code Ann. § 53-9-7 — MS Code / Title 53 / Chapter 5 / Section 9-7
Miss. Code Ann. § 53-9-7
Status: in_force

For the purposes of this chapter, the following terms shall have the meaning ascribed in this section unless the context requires otherwise:

(a) “ Abandoned mine lands ” means lands and waters affected by the mining or processing of coal before August 3, 1977, or affected by the mining or processing of noncoal minerals, including, but not limited to, sand, gravel, clay and soil, before August 3, 1977, and abandoned or left in either an unreclaimed or inadequately reclaimed condition, and for which there is no continuing reclamation responsibility required under state or federal law, and which continue in the present condition substantially to degrade the quality of the environment, to prevent or damage the beneficial use of land or water resources, or to endanger the health or safety of the public. Abandoned mine lands also means those lands and waters described by 30 USC 1232(g)(4) , 30 USC 1233(b)(1) and 30 USC 1239 .

(b) “ Appeal ” means an appeal to an appropriate court of the state taken from a final decision of the Permit Board or commission made after a formal hearing before that body.

(c) “ Approximate original contour ” means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land before mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Water impoundments may be allowed if the Permit Board determines that the impoundments are in compliance with Section 53-9-45(2)(g) .

(d) “ As recorded in the minutes of the Permit Board ” means the date of the Permit Board meeting at which the action concerned is taken by the Permit Board.

(e) “ Coal ” means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by the American Society of Testing and Materials.

(f) “ Commission ” means the Mississippi Commission on Environmental Quality.

(g) “ Department ” means the Mississippi Department of Environmental Quality.

(h) “ Executive director ” means the executive director of the department.

(i) “ Exploration operations ” means the disturbance of the surface or subsurface before surface coal mining and reclamation operations begin for the purpose of determining the location, quantity or quality of a coal deposit, and the gathering of environmental data to establish the conditions of the area before the beginning of surface coal mining and reclamation operations.

(j) “ Federal act ” means the Surface Mining Control and Reclamation Act of 1977, as amended, which is codified as Section 1201 et seq. of Title 30 of the United States Code .

(k) “ Formal hearing ” means a hearing on the record, as recorded and transcribed by a court reporter, before the commission or Permit Board where all parties to the hearing are allowed to present witnesses, cross-examine witnesses and present evidence for inclusion into the record, as appropriate under rules promulgated by the commission or Permit Board.

(l) “ Imminent danger to health and safety of the public ” means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter, in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before that condition, practice or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person subjected to the same conditions or practices giving rise to the peril would not expose himself or herself to the danger during the time necessary for abatement.

(m) “ Interested party ” means any person claiming an interest relating to the surface coal mining operation and who is so situated that the person may be affected by that operation, or in the matter of regulations promulgated by the commission, any person who is so situated that the person may be affected by the action.

(n) “ Lignite ” means consolidated lignite coal having less than eight thousand three hundred (8,300) British thermal units per pound, moist and mineral matter free.

(o) “ Operator ” means any person engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive calendar months in any one (1) location.

(p) “ Permit ” means a permit to conduct surface coal mining and reclamation operations issued under this chapter.

(q) “ Permit area ” means the area of land indicated on the approved map submitted by the operator with the permit application which area of land shall be covered by the operator's performance bond.

(r) “ Permit Board ” means the Permit Board created under Section 49-17-28 .

(s) “ Person ” means an individual, partnership, association, society, joint venture, joint-stock company, firm, company, corporation, cooperative or other business organization and any agency, unit or instrumentality of federal, state or local government, including any publicly owned utility or publicly owned corporation.

(t) “ Prime farmland ” means that farmland as defined by the United States Secretary of Agriculture on the basis of factors such as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding and erosion characteristics, and which historically have been used for intensive agricultural purposes, and as published in the federal register.

(u) “ Public hearing ,” “ informal hearing ” or “ public meeting ” means a public forum organized by the commission, department or Permit Board for the purpose of providing information to the public regarding a surface coal mining and reclamation operation or regulations proposed by the commission and at which members of the public are allowed to make comments or ask questions or both of the commission, department or the Permit Board.

(v) “ Reclamation plan ” means a plan submitted by an applicant for a permit which sets forth a plan for reclamation of the proposed surface coal mining operations under this chapter.

(w) “ Revision ” means any change to the permit or reclamation plan that does not significantly change the effect of the mining operation on either those persons impacted by the permitted operations or on the environment, including, but not limited to, incidental boundary changes to the permit area or a departure from or change within the permit area, incidental changes in the mining method or incidental changes in the reclamation plan.

(x) “ Secretary ” means the Secretary of the United States Department of Interior.

(y) “ State ” means the State of Mississippi.

(z) “ State geologist ” means the head of the Office of Geology and Energy Resources of the department or a successor office.

(aa) “ State reclamation program ” means the Mississippi program for abandoned mine reclamation provided for in this chapter.

(bb) “ Surface coal mining and reclamation operations ” means surface coal mining operations and all activities necessary and incident to the reclamation of those operations.

(cc) “ Surface coal mining operations ” means:

(i) Activities conducted on the surface and immediate subsurface of lands in connection with a surface coal mine, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect commerce. These activities include, but are not limited to:

(A) Excavation for the purpose of obtaining coal including common methods such as contour, strip, auger, mountaintop removal, boxcut, open pit and area mining;

(B) The use of explosives and blasting, in situ distillation or retorting, leaching or other chemical or physical processing; and

(C) The cleaning, concentrating or other processing or preparation, and the loading of coal for commerce at or near the mine site.

These activities do not include exploration operations subject to Section 53-9-41 .

(ii) Areas upon which the activities occur or where the activities disturb the natural land surface. These areas shall also include, but are not limited to:

(A) Any adjacent land the use of which is incidental to any activities;

(B) All lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of any activities and for haulage;

(C) All lands affected by excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, 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.

(dd) “ Unwarranted failure to comply ” means the failure of a permittee to prevent or abate the occurrence of any violation of a permit, this chapter or any regulation promulgated under this chapter due to indifference, lack of diligence or lack of reasonable care.
Miss. Code Ann. § 53-3-11 — MS Code / Title 53 / Chapter 1 / Section 3-11
Miss. Code Ann. § 53-3-11
Status: in_force

(1) Any person desiring or proposing to drill any well in search of oil or gas, before commencing the drilling of any such well, shall notify the oil and gas supervisor upon such form as the board may prescribe. The drilling of any well for oil or gas is hereby prohibited until such notice is given and a permit therefor is issued.

(2)(a) Before any nonresident not qualified to do business in this state is issued a permit pursuant to subsection (1) of this section, such nonresident shall file with the Secretary of State, on a form prescribed by him, a surety or cash bond in a sum of not less than Ten Thousand Dollars ($10,000.00), or in a greater amount if so approved by the Secretary of State, conditioned that such sum be paid to the State of Mississippi for the benefit of all persons interested, their legal representatives, attorneys or assigns, in the event the operator of such well shall fail to reasonably restore the land and improvements of the surface estate as a result of mineral exploration and/or production, or in the event the operator shall fail to properly plug a dry or abandoned well in the manner prescribed by the rules of the board. Such bond shall be executed by the operator listed in the drilling permit and, in case of a surety bond, by a corporate surety licensed to do business in the State of Mississippi. Such bond shall cover all subsequent drilling permits issued to such nonresident operator and shall be for a term co-extensive with the terms of the permits.

(b) The Secretary of State is hereby designated as the agent upon whom process may be served in any action against such nonresident operator to recover damages to the surface estate arising from mineral exploration and/or production. Any such action for damages shall be commenced within six (6) years next after the closing of the well.

(3) A person issued a permit to drill an oil or gas well under this section is required to provide notice of the intended drill site location prior to commencing operations. The notice shall be sent by United States certified mail to the taxpayer shown on the most recent county ad valorem tax receipt available in the office of the tax collector of the county in which the well site is located, and shall be posted to the mailing address shown on that ad valorem tax receipt. The notice shall include a copy of the unit plat showing the proposed well location. The notification requirement of this subsection (3) shall apply only to permits to drill new wells and shall not apply to well reentries, recompletions or reworking operations on existing or previously permitted wells. Failure to give the notice provided for in this subsection (3) shall not invalidate the well permit.

(4) The drilling of any well, which is not in accordance with a spacing pattern fixed by the board, is hereby prohibited until and unless a permit is issued by the board after notice and hearing.
Miss. Code Ann. § 53-3-19 — MS Code / Title 53 / Chapter 1 / Section 3-19
Miss. Code Ann. § 53-3-19
Status: in_force

Apart from, and in addition to, any other remedy or procedure which may be available to the state oil and gas board, or any penalty which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas, or illegal product, all illegal oil, illegal gas and illegal product shall, except under such circumstances as are stated herein, be contraband and shall be seized and sold, and the proceeds applied as herein provided. Such sale shall not take place unless the court shall find, in the proceeding provided for in this paragraph, that the commodity involved is contraband. Whenever the board believes that illegal oil, illegal gas or illegal product is subject to seizure and sale, as provided herein, it shall, through the attorney general, bring a civil action in rem for that purpose in the circuit court of the county where the commodity is found, or the action may be maintained in connection with any suit or cross-action for injunction or for penalty relating to any prohibited transaction involving such illegal oil, illegal gas or illegal product. Any interested person who may show himself to be adversely affected by any such seizure and sale shall have the right to intervene in such suit to protect his rights.

The action referred to above shall be strictly in rem and shall proceed in the name of the state as plaintiff against the illegal oil, illegal gas or illegal product mentioned in the complaint, as defendant, and no bond or bonds shall be required of the plaintiff in connection therewith. Upon the filing of the complaint, the clerk of the court shall issue a summons directed to the sheriff of the county, or to such officer or person as the court may authorize to serve process, requiring him to summon any and all persons (without undertaking to name them) who may be interested in the illegal oil, illegal gas, or illegal product mentioned in the complaint to appear and answer within thirty days after the issuance and service of such summons. The summons shall contain the style and number of the suit and a very brief statement of the nature of the cause of action. It shall be served by posting one copy thereof at the courthouse door of the county where the commodity involved in the suit is alleged to be located and by posting another copy thereof near the place where the commodity is alleged to be located. Copy of such summons shall be posted at least five days before the return day stated therein, and the posting of such copy shall constitute constructive possession of such commodity by the state. A copy of the summons shall also be published once each week for three weeks in some newspaper published in the county where the suit is pending or having a bona fide circulation therein. No judgment shall be pronounced by any court condemning such commodity as contraband until after the lapse of five days from the last publication of said summons. Proof of service of said summons, and the manner thereof, shall be as provided by general law.

Where it appears by a verified pleading on the part of the plaintiff, or by affidavit, or affidavits, that grounds for the seizure and sale exist, the clerk, in addition to the summons, shall issue an order of seizure, which shall be signed by the clerk and bear the seal of the court. Such order of seizure shall specifically describe the illegal oil, illegal gas, or illegal product, so that the same may be identified with reasonable certainty. It shall direct the sheriff to whom it is addressed to take into his custody, actual or constructive, the illegal oil, illegal gas or illegal product, described therein, and to hold the same subject to the orders of the court. Said order of seizure shall be executed as a writ of attachment is executed. No bond shall be required before the issuance of such order of seizure, and the sheriff shall be responsible upon his official bond for the proper execution thereof. For his service hereunder, the sheriff shall receive a fee as in like cases of seizure of personal property and to be assessed as other cost in the cause.

Sales of illegal oil, illegal gas or illegal product, seized under the authority of this section, and notice of such sales, shall be in accordance with the laws of this state relating to the sale of personal property under execution. For his services hereunder the sheriff shall receive a fee and expenses in like sales of personal property to be paid out of the proceeds of the sale or sales to be fixed by the court ordering such sale.

The court may order that the commodity be sold in specified lots or portions, and at specified intervals, instead of being sold at one time. Title to the amount sold shall pass as of the date of the act which is found by the court to make the commodity contraband. The judgment shall provide for payment of the proceeds of the sale into the state oil and gas fund, after first deducting the costs in connection with the proceedings and sale, and after paying to any royalty owner intervening as an interested party in the suit, the value of his interest in the said oil or gas, provided he has established his title to the said oil or gas royalty interest. The amount sold shall be treated as legal oil, legal gas or legal product, as the case may be, in the hands of the purchaser, but the purchaser and the commodity shall be subject to all applicable laws, and rules, regulations and orders with respect to further sale or purchase or acquisition, and with respect to the transportation, refining, processing, or handling in any other way, of the commodity purchased.

The producer, owner, or any other party contesting the validity of any such seizure and having an interest in securing the release of the seized oil, gas or other product, may obtain the release thereof upon furnishing a bond issued by a corporate surety company, duly qualified to do business in the state in an amount double the current market value of the oil, gas or other product held under seizure, which bond shall be conditioned and approved in the same manner as a replevin bond.

Nothing in this section shall deny or abridge any cause of action a royalty owner, or a lien holder, or any other claimant, may have, because of the forfeiture of the illegal oil, illegal gas, or illegal product, against the person whose act resulted in such forfeiture. All oil, gas or other illegal product sold as provided in this section shall be sold in like cases of personal property sold under execution.
Miss. Code Ann. § 53-9-21 — MS Code / Title 53 / Chapter 7 / Section 9-21
Miss. Code Ann. § 53-9-21
Status: in_force

(1) No person shall open, develop, engage in, carry out or continue on lands within the state any new or existing surface coal mining operations without a permit issued by the permit board.

(2) All permits issued under this chapter shall be issued for a term not to exceed five (5) years, unless the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation. If the application is complete for the specified longer term, the permit board may issue a permit for the longer term.

(3) A successor in interest to a permittee who applies for a new permit within thirty (30) days of succeeding to that interest, and who is able to obtain the bond coverage of the original permittee, may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the permit board takes action on the successor's application.

(4) A permit shall be terminated if the permittee has not commenced the surface coal mining operations covered by that permit within three (3) years after the issuance of the permit. The permit board may grant reasonable extensions of time upon a showing that the extensions are necessary by reason of litigation precluding the commencement of surface coal mining operations or threatening substantial economic loss to the permittee upon or after commencement, or by reason of conditions beyond the control and without the fault or negligence of the permittee. For coal mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface coal mining operations at the time construction of the synthetic fuel or generating facility is initiated.
Miss. Code Ann. § 53-3-41 — MS Code / Title 53 / Chapter 3 / Section 3-41
Miss. Code Ann. § 53-3-41
Status: in_force

(1) For the purposes of this section, the following terms shall have the meanings ascribed herein:

(a) “ Oil and gas production ” means any oil, natural gas, condensate of either, natural gas liquids, other gaseous, liquid or dissolved hydrocarbons, sulfur or helium, or other substance produced as a by-product or adjunct to their production, or any combination of these, which is severed, extracted or produced from the ground, the seabed or other submerged lands within the jurisdiction of the State of Mississippi. Any such substance, including recoverable or recovered natural gas liquids, which is transported to or in a natural gas pipeline or natural gas gathering system, or otherwise transported or sold for use as natural gas, or is transported or sold for the extraction of helium or natural gas liquids is gas production. Any such substance which is transported or sold to persons and for purposes not included in the foregoing natural gas definition is oil production.

(b) “ Interest owner ” means a person owning an entire or fractional interest of any kind or nature in oil or gas production at the time of severance, or a person who has an express, implied or constructive right to receive a monetary payment determined by the value of oil or gas production or by the amount of production.

(c) “ Royalty owner ” means any person who possesses an interest in the production, but who is not an owner as defined in Section 53-1-3(g) .

(d) “ Disbursing agent ” shall mean that person who, pursuant to an oil and gas lease, operating agreement, purchase contract, or otherwise, assumes the responsibility of paying royalty proceeds derived from a well's oil and gas production to the royalty owner or owners legally entitled thereto. A first purchaser shall not be deemed to be the disbursing agent unless the first purchaser expressly assumes such responsibility in the purchase contract.

(e) “ First purchaser ” means the first person who purchases oil or gas production from the interest owners after the production is severed and may include the operator if the operator acts as a purchaser of production attributable to other interest owners.

(f) An “operator” is a person engaged in the business of severing oil or gas production from the ground, whether for himself alone, for other persons alone or for himself and others.

(2) Whenever a disbursing agent has not disbursed the royalty proceeds derived from the well's production to the royalty owner within one hundred twenty (120) days following the date of first sale of oil or gas in the event the disbursing agent is a first purchaser of oil or gas, or within one hundred twenty (120) days following the date the disbursing agent receives the proceeds from such production if the disbursing agent is not the first purchaser, such royalty owner shall have a lien to secure the payment of the royalty proceeds. The lien shall attach to the proceeds from such production received by the disbursing agent attributable to the royalty owner's interest.

(3) The lien provided by this section shall be effective against a third party only from the time a financing statement evidencing such lien is filed in the same manner as financing statements evidencing security interests in minerals are filed in accordance with the provisions of Section 75-9-501 .

(4) The lien provided by this section shall expire one (1) year after it becomes effective against a third party, unless judicial proceedings have been commenced to assert it or unless insolvency proceedings have been commenced by or against the disbursing agent, in which event the lien shall remain effective until termination of the insolvency proceedings or until expiration of the one-year period, whichever occurs later.

(5) Whenever there is a conflict between a lien under this section and a security interest under Title 75, Chapter 9, the lien or security interest first to be filed has priority. Liens provided for in this section shall have priorities among themselves according to priority in time of filing of such liens.

(6) The filing required by this section shall be a financing statement as provided for in Section 75-9-310 and shall be subject to the provisions of Part 5 of Article 9 of the Uniform Commercial Code , except that in order for the filing to be sufficient, it shall not be necessary for the debtor to sign the financing statement, and the filing shall be effective for a period of only one (1) year from the date of filing.

(7) This section does not impair an operator's right to set off or withhold funds from other interest owners as security for or in satisfaction of any debt or security interest. This section does not impair a disbursing agent's right to withhold funds in the event a question is raised concerning the title or ownership of, or right to sell, the oil or gas production. In case of a dispute between interest owners, a good-faith tender by the disbursing agent of funds to the person the interest owners shall agree on, or to a court of competent jurisdiction in the event of litigation or bankruptcy, shall operate as a tender of the funds to both.

(8) Nothing in this section shall be construed to enlarge or diminish the rights and obligations provided to or imposed on interest owners, royalty owners, disbursing agents, first purchasers, or operators by contract or otherwise by law. The sole purpose of this section is to provide royalty owners a lien under the conditions provided herein.
Miss. Code Ann. § 53-7-29 — MS Code / Title 53 / Chapter 3 / Section 7-29
Miss. Code Ann. § 53-7-29
Status: in_force

(1) The department shall file a copy of each permit application for public inspection with the chancery clerk of the county where any portion of the operation is proposed to occur after deleting the confidential information according to Section 53-7-75 .

(2) The department shall submit copies, excluding all confidential information, of the permit application as soon as possible to: (a) the Mississippi Soil and Water Conservation Commission, Mississippi Department of Wildlife, Fisheries and Parks, Mississippi Forestry Commission, Mississippi Department of Environmental Quality, Mississippi Department of Archives and History, Mississippi Department of Transportation, Mississippi State Oil and Gas Board and Mississippi Department of Agriculture and Commerce; (b) any other state agency whose jurisdiction the department believes the particular mining operation may affect; and (c) any person who requests in writing a copy of the application; and (d) the owner of the land. The department shall require payment of a reasonable fee established by the commission for reimbursement of the costs of reproducing and providing the copy.

(3) Each agency shall review the permit application and submit, within fifteen (15) days of receipt of the application, any comments, recommendations and evaluations as the agency deems necessary and proper based only upon the effect of the proposed operation on matters within the agency's jurisdiction. The comments shall include a listing of permits or licenses required under the agency's jurisdiction. Comments and recommendations shall be made a part of the record and one (1) copy shall be furnished to the applicant. All comments and recommendations shall be considered by, but shall not be binding upon, the Permit Board. The failure of any agency to submit comments shall not preclude action by the Permit Board.
Miss. Code Ann. § 53-9-47 — MS Code / Title 53 / Chapter 3 / 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. § 53-9-28 — MS Code / Title 53 / Chapter 7 / 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. § 53-3-11 — MS Code / Title 53 / Chapter 3 / Section 3-11
Miss. Code Ann. § 53-3-11
Status: in_force

(1) Any person desiring or proposing to drill any well in search of oil or gas, before commencing the drilling of any such well, shall notify the oil and gas supervisor upon such form as the board may prescribe. The drilling of any well for oil or gas is hereby prohibited until such notice is given and a permit therefor is issued.

(2)(a) Before any nonresident not qualified to do business in this state is issued a permit pursuant to subsection (1) of this section, such nonresident shall file with the Secretary of State, on a form prescribed by him, a surety or cash bond in a sum of not less than Ten Thousand Dollars ($10,000.00), or in a greater amount if so approved by the Secretary of State, conditioned that such sum be paid to the State of Mississippi for the benefit of all persons interested, their legal representatives, attorneys or assigns, in the event the operator of such well shall fail to reasonably restore the land and improvements of the surface estate as a result of mineral exploration and/or production, or in the event the operator shall fail to properly plug a dry or abandoned well in the manner prescribed by the rules of the board. Such bond shall be executed by the operator listed in the drilling permit and, in case of a surety bond, by a corporate surety licensed to do business in the State of Mississippi. Such bond shall cover all subsequent drilling permits issued to such nonresident operator and shall be for a term co-extensive with the terms of the permits.

(b) The Secretary of State is hereby designated as the agent upon whom process may be served in any action against such nonresident operator to recover damages to the surface estate arising from mineral exploration and/or production. Any such action for damages shall be commenced within six (6) years next after the closing of the well.

(3) A person issued a permit to drill an oil or gas well under this section is required to provide notice of the intended drill site location prior to commencing operations. The notice shall be sent by United States certified mail to the taxpayer shown on the most recent county ad valorem tax receipt available in the office of the tax collector of the county in which the well site is located, and shall be posted to the mailing address shown on that ad valorem tax receipt. The notice shall include a copy of the unit plat showing the proposed well location. The notification requirement of this subsection (3) shall apply only to permits to drill new wells and shall not apply to well reentries, recompletions or reworking operations on existing or previously permitted wells. Failure to give the notice provided for in this subsection (3) shall not invalidate the well permit.

(4) The drilling of any well, which is not in accordance with a spacing pattern fixed by the board, is hereby prohibited until and unless a permit is issued by the board after notice and hearing.
Miss. Code Ann. § 53-7-53 — MS Code / Title 53 / Chapter 5 / Section 7-53
Miss. Code Ann. § 53-7-53
Status: in_force

The Permit Board shall require each permittee to:

(a) Establish and maintain appropriate records;

(b) Make reports, the frequency and nature of which shall be prescribed by the commission; and

(c) Install, use and maintain any necessary monitoring equipment for the purpose of observing and determining relevant surface or subsurface effects of the mining operation or reclamation program.
Miss. Code Ann. § 53-9-89 — MS Code / Title 53 / Chapter 3 / 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. § 53-11-29 — MS Code / Title 53 / Chapter 5 / 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. § 53-9-53 — MS Code / Title 53 / Chapter 5 / 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. § 53-9-55 — MS Code / Title 53 / Chapter 7 / Section 9-55
Miss. Code Ann. § 53-9-55
Status: in_force

(1)(a) When the commission or an authorized representative of the department has reason to believe that a violation of this chapter or any regulation or order of the commission or permit board or any condition of a permit has occurred, the commission may cause a written complaint to be served upon the alleged violator. The complaint shall specify the section, regulation, order or permit alleged to be violated and the facts alleged to constitute the violation and shall require the alleged violator to appear before the commission at a time and place specified in the order to answer the complaint. 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.

(b) The commission shall afford an opportunity for a formal hearing to the alleged violator at the time and place specified in the complaint 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 shall 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 who participated as parties at the formal hearing or who made written request for notice of the order. The commission may assess penalties as provided in this section.

(c) 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.

(2) When the commission determines that any person has violated this chapter or any regulation promulgated under this chapter, order of the commission issued under this chapter or condition or limitation of a permit issued under this chapter, the commission, after notice and opportunity for a formal hearing as provided in this section, unless expressly waived by the violator, may assess that person a civil penalty not to exceed Twenty-Five Thousand Dollars ($25,000.00) per violation. Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. If a cessation order is issued under Section 53-9-69 , the commission shall assess a civil penalty under this section. In determining the amount of the penalty, the commission shall consider the permittee's history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation; and other factors set forth in Section 49-17-43 .

(3) Upon the issuance of an order finding that a violation of this chapter has occurred, the person found to be in violation shall have thirty (30) days to pay the proposed penalty in full or, if the person wishes to appeal either the amount of the penalty or the fact of the violation or both forward the proposed amount as a penalty payment bond to the executive director for placement in an escrow account. The executive director shall forward any money submitted for placement in an escrow account in accordance with regulations promulgated by the commission. If, through administrative or judicial review of the violation or proposed penalty, the commission or a court of appropriate jurisdiction determines that no violation occurred or that the amount of the penalty should be reduced, the executive director shall within thirty (30) days remit the appropriate amount to the person with any interest earned on the money while in escrow. Failure to forward the proposed penalty amount to the executive director within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. When all opportunities for administrative and judicial review have been exhausted, a failure to pay the civil penalty shall result in forfeiture of the bond or deposit in an amount not to exceed the amount of the penalty imposed. The commission may promulgate regulations regarding a waiver from the requirement to post a penalty payment bond upon a showing by the operator of an inability to post the bond.

(4) When a permittee violates this chapter or any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit issued any director, officer, general partner, joint venturer in or authorized agent of the permittee who willfully and knowingly authorized, ordered or carried out that violation shall be subject to separate civil penalties in the same amount as penalties that may be imposed upon a person under subsection (2) of this section.

(5) Civil penalties assessed by the commission and owed under this section may be recovered in a civil action brought by the department in the chancery or circuit court of the First Judicial District of Hinds County or in the chancery or circuit court of any county in which the surface coal mining and reclamation operation exists or in which the defendant may be found.

(6) Any provisions of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules promulgated under that section.
Miss. Code Ann. § 53-11-33 — MS Code / Title 53 / Chapter 10 / Section 11-33
Miss. Code Ann. § 53-11-33
Status: in_force

Notwithstanding anything to the contrary in this chapter, nothing in this chapter shall prevent an enhanced oil or gas recovery project utilizing injection of carbon dioxide as approved by the board under Section 53-1-17 or require compliance with all or part of this chapter by any enhanced oil or gas recovery project that is not a geologic sequestration facility. An operator of an enhanced oil or gas recovery project utilizing injection of carbon dioxide may request that the board approve such a project as a geologic sequestration facility under this chapter or that the board determine that injection activities constitute the sequestration of carbon dioxide, but nothing in this chapter shall require that such a request be made. No provision of this chapter shall affect or govern any aspect of an enhanced oil or gas recovery project utilizing injection of carbon dioxide unless and until the operator of such project has requested that a particular project be approved by the board as a geologic sequestration facility and the board has granted that request.
Miss. Code Ann. § 53-3-151 — MS Code / Title 53 / Chapter 3 / Section 3-151
Miss. Code Ann. § 53-3-151
Status: in_force

As used in Sections 53-3-151 through 53-3-165 : (a) “underground storage” shall mean storage in an underground reservoir, stratum or formation of the earth; (b) “natural gas” shall mean gas of sufficient purity to be capable of use for residential purposes; (c) “native gas” shall mean gas which previously has not been withdrawn from the earth, or which, having been withdrawn, is injected into a reservoir for purposes other than underground storage; (d) “compressed air” shall mean any nonhydrocarbon gas; and (e) “State Oil and Gas Board” or “board” shall mean the State Oil and Gas Board of Mississippi.
Miss. Code Ann. § 53-9-41 — MS Code / Title 53 / Chapter 7 / 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. § 53-3-161 — MS Code / Title 53 / Chapter 1 / Section 3-161
Miss. Code Ann. § 53-3-161
Status: in_force

The right of condemnation granted by Section 53-3-159 , shall be without prejudice to the right of the owner of said land or of other rights or interests therein to drill or bore through the underground reservoir, stratum or formation so appropriated in such manner as shall comply with orders, rules and regulations of the State Oil and Gas Board issued for the purpose of protecting underground storage reservoirs, strata or formations against pollution and against the escape of natural gas or compressed air therefrom, and shall be without prejudice to the rights of the owners of said lands or other rights or interests therein as to all other uses thereof.
Miss. Code Ann. § 53-11-25 — MS Code / Title 53 / Chapter 1 / Section 11-25
Miss. Code Ann. § 53-11-25
Status: in_force

(1) After cessation of injection into a geologic sequestration facility and upon application by the storage operator, the board shall be authorized to issue a certificate of completion of injection operations upon a showing by the storage operator that the reservoir is reasonably expected to retain mechanical integrity, and that carbon dioxide will reasonably remain emplaced.

(2) Nothing in this chapter shall establish or create any liability or responsibility on the part of the board or the state to pay any costs associated with facility restoration from any source other than the performance bond, deposit, other assurance of performance, or financial assurances posted or required pursuant to this chapter, nor shall the board or the state have any liability or responsibility to make any payments for costs associated with facility restoration.

(3) The board or its agents, on proper identification, may enter the land of another for purposes of facility assessment or restoration.

(4) The board and its agents are not liable for any damages arising from an act or omission if the act or omission is part of a good faith effort to carry out the purpose of this chapter.

(5) No party contracting with the state or any of its political subdivisions under the provisions of this chapter shall be deemed to be a public employee or agent of the State of Mississippi or any of its political subdivisions.
Miss. Code Ann. § 53-9-55 — MS Code / Title 53 / Chapter 9 / Section 9-55
Miss. Code Ann. § 53-9-55
Status: in_force

(1)(a) When the commission or an authorized representative of the department has reason to believe that a violation of this chapter or any regulation or order of the commission or permit board or any condition of a permit has occurred, the commission may cause a written complaint to be served upon the alleged violator. The complaint shall specify the section, regulation, order or permit alleged to be violated and the facts alleged to constitute the violation and shall require the alleged violator to appear before the commission at a time and place specified in the order to answer the complaint. 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.

(b) The commission shall afford an opportunity for a formal hearing to the alleged violator at the time and place specified in the complaint 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 shall 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 who participated as parties at the formal hearing or who made written request for notice of the order. The commission may assess penalties as provided in this section.

(c) 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.

(2) When the commission determines that any person has violated this chapter or any regulation promulgated under this chapter, order of the commission issued under this chapter or condition or limitation of a permit issued under this chapter, the commission, after notice and opportunity for a formal hearing as provided in this section, unless expressly waived by the violator, may assess that person a civil penalty not to exceed Twenty-Five Thousand Dollars ($25,000.00) per violation. Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. If a cessation order is issued under Section 53-9-69 , the commission shall assess a civil penalty under this section. In determining the amount of the penalty, the commission shall consider the permittee's history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation; and other factors set forth in Section 49-17-43 .

(3) Upon the issuance of an order finding that a violation of this chapter has occurred, the person found to be in violation shall have thirty (30) days to pay the proposed penalty in full or, if the person wishes to appeal either the amount of the penalty or the fact of the violation or both forward the proposed amount as a penalty payment bond to the executive director for placement in an escrow account. The executive director shall forward any money submitted for placement in an escrow account in accordance with regulations promulgated by the commission. If, through administrative or judicial review of the violation or proposed penalty, the commission or a court of appropriate jurisdiction determines that no violation occurred or that the amount of the penalty should be reduced, the executive director shall within thirty (30) days remit the appropriate amount to the person with any interest earned on the money while in escrow. Failure to forward the proposed penalty amount to the executive director within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. When all opportunities for administrative and judicial review have been exhausted, a failure to pay the civil penalty shall result in forfeiture of the bond or deposit in an amount not to exceed the amount of the penalty imposed. The commission may promulgate regulations regarding a waiver from the requirement to post a penalty payment bond upon a showing by the operator of an inability to post the bond.

(4) When a permittee violates this chapter or any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit issued any director, officer, general partner, joint venturer in or authorized agent of the permittee who willfully and knowingly authorized, ordered or carried out that violation shall be subject to separate civil penalties in the same amount as penalties that may be imposed upon a person under subsection (2) of this section.

(5) Civil penalties assessed by the commission and owed under this section may be recovered in a civil action brought by the department in the chancery or circuit court of the First Judicial District of Hinds County or in the chancery or circuit court of any county in which the surface coal mining and reclamation operation exists or in which the defendant may be found.

(6) Any provisions of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules promulgated under that section.
Miss. Code Ann. § 53-3-25 — MS Code / Title 53 / Chapter 3 / 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. § 53-11-9 — MS Code / Title 53 / Chapter 5 / Section 11-9
Miss. Code Ann. § 53-11-9
Status: in_force

(1) The board may enter an order, after notice and hearing pursuant to the provisions of Sections 53-1-19 through 53-1-37 , approving any proposed geologic sequestration of carbon dioxide. The board shall be authorized to issue an order upon finding the following:

(a) That the reservoir sought to be used as a reservoir for the injection, storage and withdrawal of carbon dioxide is suitable and feasible for such use and in the public interest;

(b) That a majority interest, as provided in this chapter, have consented to such use in writing, or in the event that a majority has not consented, for the purpose of a preliminary technical order under this subsection (1) that must subsequently meet the requirements of Section 53-11-11(3) , upon a showing by the storage operator that it has made a good-faith effort to obtain such majority consent, and that all nonconsenting owners are or will be equitably compensated;

(c) That there is no reasonable risk that the use of the reservoir for the storage of carbon dioxide will injure or endanger other formations containing fresh water, oil, gas or other commercial mineral deposits;

(d) That there is no reasonable risk that the proposed storage will endanger human lives or cause a hazardous condition to property; and

(e) In the case of a reservoir that may contain oil, gas or other commercial minerals, that either:

(i) The reservoir has been substantially depleted of all volumes of reservoir oil, gas or other commercial minerals and the requirements of Sections 53-11-11 and 53-11-13 have been satisfied; or

(ii) The reservoir has a greater value or utility as a reservoir for carbon dioxide storage than for the production of the remaining volumes of reservoir oil, gas, condensate or other commercial mineral, if any, and the requirements of Sections 53-11-11 and 53-11-13 have been satisfied.

(2) Approval of a geologic sequestration facility by the board shall provide full and complete authority for the construction, equipping and operation of the geologic sequestration facility without need of further action or grant by any person.

(3) Neither injection nor an order of the board shall affect ownership of the carbon dioxide or inhibit the voluntary conveyance of title to the carbon dioxide by the owner. The board may issue any necessary order to protect the title of an owner to carbon dioxide injected into a geologic sequestration facility. The carbon dioxide shall not be subject to the right of any person other than the owner of the carbon dioxide to produce, take, reduce to possession, or otherwise interfere with or exercise any control thereover. The owner of the carbon dioxide shall have no right to gas, liquid hydrocarbons, salt or other commercial minerals in any stratum or portion thereof not determined by the board to constitute an approved sequestration reservoir which are not otherwise owned or leased by the owner.
Miss. Code Ann. § 53-9-75 — MS Code / Title 53 / Chapter 1 / Section 9-75
Miss. Code Ann. § 53-9-75
Status: in_force

Any agency, unit or instrumentality of federal, state or local government, including any public-owned utility or publicly-owned corporation of federal, state or local government, which proposes to engage in surface coal mining operations subject to this chapter, shall comply with this chapter.
Miss. Code Ann. § 53-9-49 — MS Code / Title 53 / Chapter 3 / 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. § 53-9-65 — MS Code / Title 53 / Chapter 7 / Section 9-65
Miss. Code Ann. § 53-9-65
Status: in_force

(1) The permittee may file an application with the permit board for the release of all or part of a performance bond or other collateral. The permittee and the permit board shall give notice of the pending bond release application by publication in the form as the commission by regulation may require. The permit board, after adequate inspection and evaluation of the reclamation work involved, shall decide whether or not to release all or part of the bond or other collateral and shall notify the permittee in writing of its decision. If the permit board's decision is not to release all or part of the bond or other collateral, the permit board shall state in writing the reasons for its decision and recommend corrective actions necessary to secure the release.

(2) The permit board may release in whole or in part the bond or other collateral if the permit board is satisfied the reclamation covered by the bond or other collateral or portion thereof has been accomplished as required by this chapter according to the following schedule:

(a) When the operator completes the backfilling, regrading and drainage control of a bonded area in accordance with the approved mining and reclamation plan, up to sixty percent (60%) of the bond or other collateral for the applicable permit area may be released, but the amount of the unreleased portion of the bond or other collateral 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.

(b) After revegetation has been established on the regraded mined lands in accordance with the approved mining and reclamation plan, the permit board, when determining the amount of bond or other collateral to be released after successful revegetation has been established, shall retain that amount of bond or other collateral for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation and for the period specified for operator responsibility in the regulations promulgated under Section 53-9-45 for reestablishing revegetation. No part of the bond or other collateral shall be released under this paragraph if the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by the regulations promulgated under Section 53-9-45 , or until soil productivity for prime farmlands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed in accordance with the regulations promulgated under Section 53-9-25 . If a silt dam is to be retained as a permanent impoundment under the regulations promulgated under Section 53-9-45 , the portion of bond or other collateral may be released under this paragraph if provisions for sound future maintenance by the operator or the landowner have been made with and approved by the permit board.

(c) When the operator has completed successfully all surface coal mining and reclamation activities, the remaining portion of the bond or other collateral may be released, but shall not be released before the expiration of the period specified for operator responsibility in the regulations promulgated under Section 53-9-45 . No bond shall be fully released until all reclamation requirements of this chapter are fully met.

(3) Any interested party or the responsible officer or head of any federal, state or local governmental agency which has jurisdiction by law or special expertise with respect to any environmental, social or economic impact involved in the operation, or is authorized to develop and enforce environmental standards with respect to the operations, may submit written comments on the proposed release from bond or other collateral, and request a public hearing concerning the bond release application under Section 49-17-29 . The failure of any person to submit comments within the time required shall not preclude action by the permit board. Any request for a public hearing concerning the bond release application shall be made in writing within thirty (30) days after the last publication of the notice described in subsection (1) of this section. The permit board may on its own motion hold a public hearing concerning the bond release application. If requested, the permit board shall hold a public hearing to obtain comments from the public on the application for bond release. The date, time and location of the public hearings shall be advertised by the permit board in the same manner as provided for the publication of notice for advertisement of land ownership under Section 53-9-37 . The last public hearing notice shall be published at least seven (7), but no more than fourteen (14) days before the scheduled public hearing date. If all persons requesting the public hearing stipulate agreement before the requested public hearing, the public hearing may be cancelled at the discretion of the permit board.

(4) Within thirty (30) days after the permit board takes action on the bond release application as recorded in the minutes of the permit board, any person who filed a written comment or requested or participated in the public hearing under this subsection may request a formal hearing before the permit board regarding its initial decision to grant or deny the bond release. The formal hearing shall be conducted as provided by Section 49-17-29 . Upon conclusion of the formal hearing, the permit board shall enter into its minutes its final decision affirming, modifying or reversing its prior action on the bond release application. Any appeal from that decision may be taken by any person who participated as a party in the formal hearing in the manner provided in Section 49-17-29 .

(5)(a) If a surface coal mining and reclamation operation is not proceeding in accordance with this chapter or the permit, the operation represents an imminent threat to the public health, welfare and the environment, and the operator has failed, within thirty (30) days after written notice to the operator and opportunity for a formal hearing, to take appropriate corrective action, a forfeiture proceeding may be commenced against the operator for any performance bond or other collateral posted by the operator.

(b) A forfeiture proceeding against any performance bond or other collateral shall be commenced and conducted according to Sections 49-17-31 through 49-17-41 .

(c) If the commission orders forfeiture of any performance bond or other collateral, the entire sum of the performance bond or other collateral shall be forfeited to the department. The funds from the forfeited performance bond or other collateral shall be used to pay for reclamation of the permit area and remediation of any offsite damages resulting from the operation. Any surplus performance bond or other collateral funds shall be refunded to the operator or corporate surety.

(d) Forfeiture proceedings shall be before the commission and an order of the commission under this subsection shall be a final order. If the commission determines that forfeiture of the performance bond or other collateral should be ordered, the department shall have the immediate right to all funds of any performance bond or other collateral, subject only to review and appeals allowed under Section 49-17-41 .

(e) If the operator cannot be located for purposes of notice, the department shall send notice of the forfeiture proceeding, certified mail, return receipt requested, to the operator's last known address. The department shall also publish notice of the forfeiture proceeding in the same manner as provided for the publication of notice for the advertisement of land ownership under Section 53-9-37 . Any formal hearing on the bond forfeiture shall be set at least thirty (30) days after the last notice publication.

(f) If the performance bond or other collateral is insufficient to cover the costs of reclamation of the permit area or remediation of any offsite damages, the commission may initiate a civil action to recover the deficiency amount in the county in which the surface coal mining operation is located.

(g) If the commission initiates a civil action under this section, the commission shall be entitled to any sums necessary to complete reclamation of the permit area and remediate any offsite damages resulting from that operation and attorney's fees.
Miss. Code Ann. § 53-9-33 — MS Code / Title 53 / Chapter 9 / 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. § 53-7-11 — MS Code / Title 53 / Chapter 3 / 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. § 53-7-21 — MS Code / Title 53 / Chapter 3 / 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. § 53-11-1 — MS Code / Title 53 / Chapter 5 / 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. § 53-11-11 — MS Code / Title 53 / Chapter 10 / 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. § 53-3-151 — MS Code / Title 53 / Chapter 1 / Section 3-151
Miss. Code Ann. § 53-3-151
Status: in_force

As used in Sections 53-3-151 through 53-3-165 : (a) “underground storage” shall mean storage in an underground reservoir, stratum or formation of the earth; (b) “natural gas” shall mean gas of sufficient purity to be capable of use for residential purposes; (c) “native gas” shall mean gas which previously has not been withdrawn from the earth, or which, having been withdrawn, is injected into a reservoir for purposes other than underground storage; (d) “compressed air” shall mean any nonhydrocarbon gas; and (e) “State Oil and Gas Board” or “board” shall mean the State Oil and Gas Board of Mississippi.
Miss. Code Ann. § 53-7-25 — MS Code / Title 53 / Chapter 7 / Section 7-25
Miss. Code Ann. § 53-7-25
Status: in_force

(1) Each application for a surface mining permit and for coverage under a general permit shall be accompanied by an application fee in accordance with a published fee schedule adopted by the commission. The application fee shall not be less than One Hundred Dollars ($100.00) plus Ten Dollars ($10.00) per acre included in the application. The total application fee shall not exceed Five Hundred Dollars ($500.00). The commission, in considering regulations on the fee schedule, shall recognize the difference in the various materials, taking into consideration the commercial value of the material and the nature and size of operation necessary to extract it.

(2) All state agencies, political subdivisions of the state, and local governing bodies shall be exempt from all fees required by this chapter.

(3) Upon submission of the certificate of compliance required under Section 53-7-21 , each operator shall pay a fee of Fifty Dollars ($50.00).
Miss. Code Ann. § 53-11-11 — MS Code / Title 53 / Chapter 9 / 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. § 53-11-23 — MS Code / Title 53 / Chapter 5 / 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. § 53-11-9 — MS Code / Title 53 / Chapter 9 / Section 11-9
Miss. Code Ann. § 53-11-9
Status: in_force

(1) The board may enter an order, after notice and hearing pursuant to the provisions of Sections 53-1-19 through 53-1-37 , approving any proposed geologic sequestration of carbon dioxide. The board shall be authorized to issue an order upon finding the following:

(a) That the reservoir sought to be used as a reservoir for the injection, storage and withdrawal of carbon dioxide is suitable and feasible for such use and in the public interest;

(b) That a majority interest, as provided in this chapter, have consented to such use in writing, or in the event that a majority has not consented, for the purpose of a preliminary technical order under this subsection (1) that must subsequently meet the requirements of Section 53-11-11(3) , upon a showing by the storage operator that it has made a good-faith effort to obtain such majority consent, and that all nonconsenting owners are or will be equitably compensated;

(c) That there is no reasonable risk that the use of the reservoir for the storage of carbon dioxide will injure or endanger other formations containing fresh water, oil, gas or other commercial mineral deposits;

(d) That there is no reasonable risk that the proposed storage will endanger human lives or cause a hazardous condition to property; and

(e) In the case of a reservoir that may contain oil, gas or other commercial minerals, that either:

(i) The reservoir has been substantially depleted of all volumes of reservoir oil, gas or other commercial minerals and the requirements of Sections 53-11-11 and 53-11-13 have been satisfied; or

(ii) The reservoir has a greater value or utility as a reservoir for carbon dioxide storage than for the production of the remaining volumes of reservoir oil, gas, condensate or other commercial mineral, if any, and the requirements of Sections 53-11-11 and 53-11-13 have been satisfied.

(2) Approval of a geologic sequestration facility by the board shall provide full and complete authority for the construction, equipping and operation of the geologic sequestration facility without need of further action or grant by any person.

(3) Neither injection nor an order of the board shall affect ownership of the carbon dioxide or inhibit the voluntary conveyance of title to the carbon dioxide by the owner. The board may issue any necessary order to protect the title of an owner to carbon dioxide injected into a geologic sequestration facility. The carbon dioxide shall not be subject to the right of any person other than the owner of the carbon dioxide to produce, take, reduce to possession, or otherwise interfere with or exercise any control thereover. The owner of the carbon dioxide shall have no right to gas, liquid hydrocarbons, salt or other commercial minerals in any stratum or portion thereof not determined by the board to constitute an approved sequestration reservoir which are not otherwise owned or leased by the owner.
Miss. Code Ann. § 53-7-9 — MS Code / Title 53 / Chapter 1 / 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. § 53-11-5 — MS Code / Title 53 / Chapter 5 / Section 11-5
Miss. Code Ann. § 53-11-5
Status: in_force

As used in this chapter, the following terms shall have the meanings ascribed unless the context clearly indicates otherwise:

(a) “ Board ” means the State Oil and Gas Board created by Section 53-1-5 .

(b) “ Carbon dioxide ” means: (i) naturally occurring carbon dioxide; (ii) geologically sourced carbon dioxide; (iii) anthropogenic carbon dioxide; or (iv) carbon dioxide stream. The term includes phases of carbon dioxide, whether fluid, liquid or gaseous, stripped, segregated, or divided from any other fluid stream thereof.

(c) “ Carbon dioxide stream ” means carbon dioxide that has been captured from an emission source (e.g., a power plant), plus incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process. This paragraph (c) does not apply to any carbon dioxide stream that meets the definition of hazardous waste under federal environmental laws and regulations.

(d) “ Class VI underground injection control wells ” means wells that are not experimental in nature, that are used for geologic sequestration of a carbon dioxide stream, either alone or in combination with injection of carbon dioxide in other forms, and which inject beneath the lowermost formation containing an underground source of drinking water.

(e) “ Department ” means the Mississippi Department of Environmental Quality created by Section 49-2-4 .

(f) “ Enhanced oil or gas recovery project ” means secondary recovery, pressure maintenance, repressuring operations, cycling operations, water-flooding operations, injection of carbon dioxide or other gaseous substances or any combination thereof, or any other form of effort calculated to increase the ultimate recovery of oil or gas or both from a reservoir.

(g) “Gas” has the same meaning as provided in Section 53-1-3(d) .

(h) “ Geologic sequestration ” means the long-term containment of a gaseous, liquid, or supercritical carbon dioxide stream in subsurface geologic formations. For purposes of this chapter, “storage” and “sequestration” have the same meaning. This term does not apply to carbon dioxide capture or transport.

(i) “ Geologic sequestration facility ” means a facility that receives and contains or sequesters carbon dioxide, or has done so, including:

(i) The reservoir into which carbon dioxide is injected;

(ii) Sequestration wells, monitoring wells, underground equipment, and surface buildings and equipment utilized in geologic sequestration, owned by or under the control of the storage operator; and

(iii) Other property identified by the board as part of the facility.

The reservoir component of the geologic sequestration facility includes any necessary and reasonable buffer and subsurface monitoring zones designated by the board for the purpose of ensuring the safe and efficient operation of the geologic sequestration facility for the containment or sequestration of carbon dioxide and shall be chosen to protect against escape or migration of carbon dioxide. Nothing in this definition shall prevent orderly withdrawal of the contained carbon dioxide as appropriate or necessary to allow carbon dioxide to be available for enhanced oil or gas recovery projects or other authorized commercial, and industrial uses.

(j) “Oil” has the same meaning as provided in Section 53-1-3(c) .

(k) “ Oil and gas reservoir ” shall mean a pool or field as defined in Section 53-1-3(e) and (f) .

( l ) “ Owner ,” except when used in the phrases “working owner” or “royalty owner,” shall have its ordinary, accepted meaning.

(m) “ Person ” means any natural person, corporation, association, partnership, limited liability company, or other entity, receiver, executor, administrator, fiduciary or representative of any kind.

(n) “ Reservoir ” means oil and gas reservoirs and formations above and below oil and gas reservoirs suitable for or capable of being made suitable for the injection and storage of carbon dioxide therein, or any other geologic formation suitable for or capable of being made suitable for the injection and storage of carbon dioxide therein, but only those formations for which the boundaries have been or can be delineated as provided in this chapter.

(o) “ Royalty owner ” means any person who possesses an interest in production of oil, gas or other commercial minerals, but who is not a “working owner” as defined in this section.

(p) “ Safe Drinking Water Act ” means the Safe Drinking Water Act, as amended, Title 42, Chapter 6A, Subchapter XII ( 42 USCS Section 300(f) et seq.).

(q) “ Sequestration ” means geologic sequestration as used in this chapter and may include the incidental storage of carbon dioxide associated with enhanced oil recovery or gas recovery project operations.

(r) “ State ” means the State of Mississippi.

(s) “ Storage operator ” means the person authorized by the board to operate a geologic sequestration facility.

(t) “ Underground source of drinking water ” means an aquifer or portion of an aquifer that supplies any public water system or that contains a sufficient quantity of ground water to supply a public water system, and currently supplies drinking water for human consumption, or that contains fewer than ten thousand (10,000) milligrams per liter total dissolved solids and is not an exempted aquifer.

(u) “ Working owner ” means the person who has the right to drill into and produce from any pool of oil, gas or other commercial minerals, and to appropriate the production either for himself or for himself and another or others.
Miss. Code Ann. § 53-7-41 — MS Code / Title 53 / Chapter 5 / 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. § 53-3-21 — MS Code / Title 53 / Chapter 3 / Section 3-21
Miss. Code Ann. § 53-3-21
Status: in_force

Any person who violates any of the provisions of Sections 53-3-3 through 53-3-19 , inclusive, or any rule, regulation or order made thereunder, shall be subject to the penalties and punishment set forth in Section 53-1-47 .
Miss. Code Ann. § 53-7-59 — MS Code / Title 53 / Chapter 3 / Section 7-59
Miss. Code Ann. § 53-7-59
Status: in_force

(1) Any person who 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 or coverage under a general permit issued under this chapter may be subject to a civil penalty to be assessed and levied by the commission after notice and opportunity for a formal hearing. In addition to assessing civil penalties under this section, the commission may submit a written statement to the Permit Board recommending that the Permit Board revoke the permit for any operation which is subject to the maximum penalty of Twenty-five Thousand Dollars ($25,000.00). Appeals of any action or decision of the commission may be taken as provided in Section 49-17-41 .

(2) Any civil penalty assessed against a permitted, covered or exempt operation and levied by the commission under this section shall not exceed Five Hundred Dollars ($500.00) for the first violation; for subsequent violations committed within three (3) years of the first violation the maximum penalties are: Two Thousand Five Hundred Dollars ($2,500.00) for the second violation, Five Thousand Dollars ($5,000.00) for the third violation and Twenty-five Thousand Dollars ($25,000.00) for the fourth and subsequent violations by the same operator. Multiple violations at a site during one (1) day shall not be cumulative. A separate penalty shall not be assessed for each violation and only one (1) penalty may be assessed for all violations occurring at a site during one (1) day. Each day of a continuing violation shall be a separate violation until corrective action is taken or the operator after notice of the violation is diligently pursuing efforts to achieve compliance in a timely manner. In assessing a penalty under this subsection, the commission shall not consider offenses occurring before July 1, 2002. In addition to the civil penalty authorized under this subsection, the commission may order an operator of a permitted, covered or exempt operation to reclaim the affected area.

(3) Any civil penalty assessed against an operator for mining without a permit and levied by the commission under this section shall not exceed Five Thousand Dollars ($5,000.00) for the first violation, Ten Thousand Dollars ($10,000.00) for the second violation and Twenty-five Thousand Dollars ($25,000.00) for the third and subsequent violations by an operator. In assessing a penalty under this subsection, the commission shall not consider violations occurring before July 1, 2002.

(4) In determining the amount of penalty under this chapter, the commission shall consider at a minimum:

(a) The willfulness of the violation;

(b) Any damage to air, water, land or other natural resources of the state or their uses;

(c) Costs of restoration and abatement;

(d) Economic benefit as a result of noncompliance;

(e) The seriousness of the violation, including any harm to the environment and any hazard to the health, safety and welfare of the public; and

(f) Past performance history.

(5) The commission may institute and maintain a civil action for relief, including a permanent or temporary injunction or any other appropriate order, in the chancery court of the county in which the majority of the surface mining operation is located. The chancery court shall have jurisdiction to provide relief as may be appropriate. Any relief granted by the court to enforce a written order of the commission shall continue in effect until the completion of all proceedings for review of that order under this chapter, unless the chancery court granting the relief sets it aside or modifies it before that time.

(6) Any provisions of this section and chapter regarding liability for the costs of cleanup, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules adopted under that section.

(7) Any violation of this law and the Mississippi Air and Water Pollution Control Law or the Solid Wastes Disposal Law of 1974 shall be assessed a civil penalty under only one (1) of these laws.
Miss. Code Ann. § 53-9-29 — MS Code / Title 53 / Chapter 5 / Section 9-29
Miss. Code Ann. § 53-9-29
Status: in_force

The reclamation plan shall include in the degree of detail as the commission may require by regulation:

(1) An identification of lands subject to surface coal mining operations over the estimated life of those operations;

(2) Information about the condition and variety of uses of the land at the time of the application and the proposed uses of the land after reclamation;

(3) A description of how reclamation is to be achieved, including a schedule of and timetable for significant reclamation activities;

(4) An estimate of reclamation costs;

(5) The steps to be taken to comply with applicable air and water quality standards, health and safety standards and performance standards applicable to reclamation adopted under this chapter; and

(6) Any other information consistent with the federal act as the permit board or commission may require to demonstrate that the reclamation required by this chapter can be accomplished.
Miss. Code Ann. § 53-3-31 — MS Code / Title 53 / Chapter 3 / Section 3-31
Miss. Code Ann. § 53-3-31
Status: in_force

Before any person shall commence operations to rework an abandoned well to an injection well, such person shall file with the board his application to rework, 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 by the supervisor upon approval by the State Oil and Gas Board, after notice and hearing. 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.
Miss. Code Ann. § 53-7-65 — MS Code / Title 53 / Chapter 5 / 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. § 53-9-61 — MS Code / Title 53 / Chapter 5 / 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. § 53-3-203 — MS Code / Title 53 / Chapter 3 / Section 3-203
Miss. Code Ann. § 53-3-203
Status: in_force

Any law enforcement officer or the supervisor of the State Oil and Gas Board or his designated employees may at any time inspect and for probable cause impound oil or any substance as defined in Section 53-3-201 and the vehicle transporting it, pending being furnished with the documentation as required by Section 53-3-201 or other proof of ownership or right to possession, whenever (a) he has reasonable cause to examine the documentation, (b) the transporter lacks such documentation or the documentation is substantially at variance with the fact, or (c) the lawful severance and maintenance tax has not been paid on any part of such product. Furthermore, any transporter who does not possess the documentation as required by Section 53-3-201 or other proof of ownership or right to possession shall be fined an amount equal to the market value of the substance being transported but not less than two thousand dollars ($2,000.00), the market value of such substance to be determined by the State Oil and Gas Board. Any such fine paid or collected shall be paid to the state treasurer for credit to the special oil and gas board fund.
Miss. Code Ann. § 53-9-25 — MS Code / Title 53 / Chapter 3 / 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. § 53-11-7 — MS Code / Title 53 / Chapter 7 / Section 11-7
Miss. Code Ann. § 53-11-7
Status: in_force

(1) The board shall have authority to regulate and promulgate rules and regulations governing geologic sequestration of carbon dioxide and underground injection wells under this chapter within reservoirs. Rules and regulations governing injection wells for geologic sequestration not regulated under the board's authority for Class II wells shall be developed in consultation with the department.

(2) The board shall have authority to:

(a) Approve geologic sequestration of carbon dioxide and the operation of a geologic sequestration facility within a reservoir as defined in this chapter.

(b) Regulate the development and operation of geologic sequestration facilities and pipelines within geologic sequestration facilities, provided those pipelines serving such facilities approved hereunder are not otherwise covered under applicable law.

(c) Perform any and all acts necessary to carry out the purposes and requirements of the federal Safe Drinking Water Act, as amended, with respect to the sequestration of carbon dioxide within reservoirs.

(d) Approve conversion of an existing enhanced oil or gas recovery operation into a geologic sequestration facility and continuing of the authority and prior approvals of the board regarding unit operations.

(e) Approve use of carbon dioxide for enhanced oil or gas recovery and for simultaneous geologic sequestration within a reservoir.

(f) Establish requirements for reasonable performance bonds, deposits, or other assurances of performance consistent with federal statutes, rules and regulations connected with Class VI underground injection control wells to be posted as a condition to or requirement for approving an application by the storage operator, and requirements for the sufficiency and character of the surety and guarantors of performance bonds, deposits, or other assurances of performance and reasonable conditions under which the bonds or deposits shall be released.

(g) Make, after notice and hearings as provided in Sections 53-1-19 through 53-1-37 , any reasonable rules, regulations and orders that are necessary from time to time in the proper administration and enforcement of this chapter. To that end, the board is authorized and empowered to adopt, modify, repeal and enforce procedural, interpretive and administrative rules in accordance with the provisions of this chapter.

(3) Only a storage operator shall be held or deemed responsible for the performance of any actions required by the board under this chapter.

(4) The board shall issue such orders, rules and regulations as may be necessary for the purpose of protecting any reservoir, strata, or formation against the escape of carbon dioxide therefrom, including any necessary rules and regulations as may pertain to the drilling into or through a geologic sequestration reservoir within the board's jurisdiction.
Miss. Code Ann. § 53-5-11 — MS Code / Title 53 / Chapter 3 / Section 5-11
Miss. Code Ann. § 53-5-11
Status: in_force

The regular and special reports of the survey, with proper illustrations and maps shall be printed as the board may direct, and the reports shall be distributed or sold by the board as interest of the state and of science may demand, and all money obtained by the sale of the reports shall be paid into the state geological survey publications fund.
Miss. Code Ann. § 53-5-1 — MS Code / Title 53 / Chapter 1 / 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. § 53-11-21 — MS Code / Title 53 / Chapter 5 / Section 11-21
Miss. Code Ann. § 53-11-21
Status: in_force

Any provision in this chapter, or in any rule, regulation or order issued by the board under this chapter to the contrary notwithstanding, acting as a storage operator pursuant to this chapter in compliance with the provisions of this chapter, or with rules, regulations or orders issued by the board under this chapter, or voluntarily performing any act or acts which could be required by the board pursuant to this chapter, or rules, regulations or orders issued by the board under this chapter, shall not:

(a) Cause any storage operator or transporter of carbon dioxide for storage to become, or be classified as, a common carrier or a public utility for any purpose whatsoever.

(b) Subject the storage operator or carbon dioxide transporter to any duties, obligations or liabilities as a common carrier or public utility, under the Constitution and laws of this state.
Miss. Code Ann. § 53-7-51 — MS Code / Title 53 / Chapter 1 / Section 7-51
Miss. Code Ann. § 53-7-51
Status: in_force

(1) The commission, upon petition, may designate an area as unsuitable for mining or modify or terminate the designation of an area as unsuitable for surface mining. The commission, upon its own motion, may terminate the designation of an area as unsuitable for surface mining. The commission may conduct a public hearing on its proposed action in accordance with Section 49-17-33 . Before terminating an area as unsuitable for surface mining, the commission shall provide notice as required under Section 53-7-11 .

(2) A petition shall contain allegations of facts with supporting evidence. The commission shall make a determination based upon the validity of the facts contained in the petition, and may designate, modify or terminate the designation of the lands included in the petition as unsuitable for mining.

(3) Any person aggrieved by an action of the commission under this section may appeal as provided in Section 49-17-41 .
Miss. Code Ann. § 53-10-3 — MS Code / Title 53 / Chapter 9 / Section 10-3
Miss. Code Ann. § 53-10-3
Status: in_force

(a) No provisions of the Interstate Mining Compact, nor any policies of the Interstate Mining Compact Commission, shall be construed to limit, repeal, or supersede any law of the State of Mississippi.

(b) The Governor and the Legislature, or agents of either, shall have the right to inspect the books and accounts of the Interstate Mining Compact Commission at any reasonable time while the state is a member.

(c) A copy of the bylaws of the Interstate Mining Compact Commission shall be placed on file with the Director of the Office of Geology, Mississippi Department of Environmental Quality, and be available for inspection at any reasonable time by the Legislature or any interested citizen.
Miss. Code Ann. § 53-11-7 — MS Code / Title 53 / Chapter 5 / Section 11-7
Miss. Code Ann. § 53-11-7
Status: in_force

(1) The board shall have authority to regulate and promulgate rules and regulations governing geologic sequestration of carbon dioxide and underground injection wells under this chapter within reservoirs. Rules and regulations governing injection wells for geologic sequestration not regulated under the board's authority for Class II wells shall be developed in consultation with the department.

(2) The board shall have authority to:

(a) Approve geologic sequestration of carbon dioxide and the operation of a geologic sequestration facility within a reservoir as defined in this chapter.

(b) Regulate the development and operation of geologic sequestration facilities and pipelines within geologic sequestration facilities, provided those pipelines serving such facilities approved hereunder are not otherwise covered under applicable law.

(c) Perform any and all acts necessary to carry out the purposes and requirements of the federal Safe Drinking Water Act, as amended, with respect to the sequestration of carbon dioxide within reservoirs.

(d) Approve conversion of an existing enhanced oil or gas recovery operation into a geologic sequestration facility and continuing of the authority and prior approvals of the board regarding unit operations.

(e) Approve use of carbon dioxide for enhanced oil or gas recovery and for simultaneous geologic sequestration within a reservoir.

(f) Establish requirements for reasonable performance bonds, deposits, or other assurances of performance consistent with federal statutes, rules and regulations connected with Class VI underground injection control wells to be posted as a condition to or requirement for approving an application by the storage operator, and requirements for the sufficiency and character of the surety and guarantors of performance bonds, deposits, or other assurances of performance and reasonable conditions under which the bonds or deposits shall be released.

(g) Make, after notice and hearings as provided in Sections 53-1-19 through 53-1-37 , any reasonable rules, regulations and orders that are necessary from time to time in the proper administration and enforcement of this chapter. To that end, the board is authorized and empowered to adopt, modify, repeal and enforce procedural, interpretive and administrative rules in accordance with the provisions of this chapter.

(3) Only a storage operator shall be held or deemed responsible for the performance of any actions required by the board under this chapter.

(4) The board shall issue such orders, rules and regulations as may be necessary for the purpose of protecting any reservoir, strata, or formation against the escape of carbon dioxide therefrom, including any necessary rules and regulations as may pertain to the drilling into or through a geologic sequestration reservoir within the board's jurisdiction.
Miss. Code Ann. § 53-9-11 — MS Code / Title 53 / Chapter 1 / Section 9-11
Miss. Code Ann. § 53-9-11
Status: in_force

(1) The commission may adopt, modify, repeal and promulgate, after due notice and hearing and in accordance with the Mississippi Administrative Procedures Law, and where not otherwise prohibited by federal or state law, may make exceptions to and grant exemptions and variances from and may enforce rules and regulations necessary or appropriate to carry out this chapter. Those rules and regulations shall be consistent with rules and regulations promulgated by the United States Secretary of the Interior under the federal act. No exceptions, exemptions or variances shall be less stringent than rules and regulations promulgated under the federal act. Any rules and regulations adopted by the commission may be more stringent than those promulgated by the United States Secretary of the Interior as long as they are not otherwise inconsistent with this chapter. A rule or regulation adopted by the commission may differ in its terms and provisions regarding particular conditions, particular mining techniques, particular areas of the state, or any other conditions that appear relevant and necessary as long as the action taken is consistent with this chapter. Before adopting any rules and regulations under this chapter, the commission shall 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:

(i) To all operators known by the commission to be actively engaged in surface coal mining operations in the state;

(ii) To persons who make written request for notification of the proposed regulations;

(iii) To the Mississippi Soil and Water Conservation Commission, and to each local soil and water conservation district;

(iv) To the Mississippi Department of Wildlife, Fisheries and Parks, the Mississippi Forestry Commission, the Mississippi Department of Archives and History, the Mississippi Department of Transportation, the Mississippi Department of Agriculture and Commerce, the Mississippi State Oil and Gas Board, the Mississippi Department of Marine Resources, and the Mississippi State Department of Health; and

(v) To any other state agency whose jurisdiction the commission feels the surface coal mining operations may affect;

(b) To other interested parties by publication of the notice once a week for three (3) consecutive weeks in one (1) newspaper having general circulation in the state.

(2) 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 public 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.