reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-13 - 53-7-15 - [Repealed]

Repealed by Laws, 2002, ch. 492, §§ 35, 36, eff from and after July 1, 2002. 53-7-13. [Laws, 1977, ch. 476, § 5(2).] 53-7-15. [Laws, 1977, ch. 476, § 5(3, 4).]
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-17 - Commission to retain exclusive jurisdiction on passage of federal strip mining legislation

Upon the passage of any federal surface mining legislation, the commission shall take steps necessary to establish the exclusive jurisdiction of the commission over the regulation of surface mining and reclamation operations in this state.
Laws, 1977 ch. 476, § 5(5); Laws, 2002, ch. 492, § 7, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-19 - Powers and duties of commission

The commission shall have the following powers and duties regarding surface mining:
(a)
To develop a statewide, comprehensive policy for the regulation of surface mining and reclamation consistent with this chapter;
(b)
To hold public and formal hearings, to issue notices of hearing, to administer oaths or affirmations, to issue subpoenas requiring the appearance of witnesses requested by any party and compel their attendance, and to require production of any books, papers, correspondence, memoranda, agreements or other documents or records that are relevant or material to the administration of this chapter and to take testimony as deemed necessary;
(c)
To issue, modify or revoke orders requiring an operator to take any actions necessary to comply with this chapter, rules and regulations adopted under this chapter or any permit or coverage under a general permit required by this chapter;
(d)
To enter on and inspect for the purpose of assuring compliance with the terms of this chapter, in person or by an authorized agent of the department, any surface mining operation subject to this chapter;
(e)
To conduct, or cause to be conducted, encourage, request and participate in studies, surveys, investigations, research, experiments, training and demonstrations by contract, grant or otherwise; to prepare and require permittees to prepare reports; and to collect information and disseminate to the public information such as is deemed reasonable and necessary for the proper enforcement of this chapter;
(f)
To apply for, receive and expend any grants, gifts, loans or other funds made available from any source for the purpose of this chapter;
(g)
To advise, consult, cooperate with, or enter into contracts or grants with federal, state and local boards and agencies having pertinent expertise for the purpose of obtaining professional and technical services necessary to carry out this chapter;
(h)
To enter into contracts with persons to reclaim land under this chapter;
(i)
To order the immediate cessation of any ongoing surface mining operation being conducted with or without a permit or coverage under a general permit if it finds that the operation endangers the health or safety of the public or creates imminent and significant environmental harm;
(j)
To institute and maintain all court actions necessary to obtain the enforcement of any written order of the commission;
(k)
To recognize the differences in the various materials, taking into consideration the commercial value of the material and the nature and size of operation necessary to extract the deposit, in regulating surface mining operations;
(l)
To authorize the executive director to discharge or exercise any power or duty granted to the commission by this chapter; and
(m)
To perform any other duties and acts required or provided for by this chapter.
Laws, 1977, ch. 476, § 6; Laws, 1979, ch. 477, § 44; Laws, 2002, ch. 492, § 8, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-21 - Surface mining permits; issuance; certificate of compliance

(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.
Laws, 1977, ch. 476, § 7(1, 2); Laws, 2002, ch. 492, § 9, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-25 - General permit application fees

(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).
Laws, 1977, ch. 476, § 7(4); Laws, 1979, ch. 477, § 46; Laws, 2002, ch. 492, § 11, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-29 - Filing of copies of permit applications for public inspection with certain state agencies; review of application by agencies; comments and recommendations

(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.
Laws, 1977, ch. 476, § 8(2, 3); Laws, 1984, ch. 488, § 321; Laws, 2000, ch. 516, § 97; Laws, 2002, ch. 492, § 13, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-33 - [Repealed]

Repealed by Laws, 2002, ch. 492, § 37, eff. 7/1/2002.
Laws, 1977, ch. 476, § 10, eff. 4/15/1978.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-37 - Performance bonds

(1)
Before a permit is issued by the Permit Board, the applicant shall file with the department in the manner and form required by the commission a bond for performance payable to the commission and conditioned on full and satisfactory performance of the requirements of this chapter and the permit. The bond shall not be less than Five Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) for each estimated acre of the permit area of the respective operation.
(2)
The bond shall be executed by the applicant and a corporate surety licensed to do business in the state. The applicant may elect to deposit the following in lieu of the surety bond: cash, negotiable bonds of the United States government or the state, assignment of real or personal property or a savings account acceptable to the department, 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 (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC) 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 permit area. Cash, negotiable bonds, negotiable certificates of deposit, letter of credit, assignment of real or personal property or a savings account or other securities shall be deposited on the same terms as the terms on which surety bonds may be deposited.
(3)
The amount of the bond or deposit required and the terms of acceptance of the applicant's bond or deposit may be increased or decreased by the Permit Board from time to time to reflect changes in the cost of future reclamation of land mined or to be mined subject to the limitations on the amount of the bond set forth in this section.
(4)
All state agencies, political subdivisions of the state and local governing bodies shall be exempt from the bonding requirements of this section.
Laws, 1977, ch. 476, § 12; Laws, 2002, ch. 492, § 16, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-39 - Initial review of application by department; department to make recommendation to Permit Board; on-site inspection of proposed area as condition of granting permit

(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.
Laws, 1977, ch. 476, § 13(1, 2); Laws, 2002, ch. 492, § 17, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-43 - Applications for modification, transfer, or reissuance of permit; right of successive reissuance upon expiration; term of reissuance; continuance of operation during reissuance process

(1)
Applications for the modification, transfer or reissuance of any surface mining permit issued under this chapter may be filed with the department. The Permit Board may modify any surface mining permit to increase or decrease the permit area and shall require an increase in the performance bond and a modified reclamation plan for any expanded area.
(2)
Any permit issued under this chapter shall carry with it the right of successive reissuance upon expiration for areas within the boundaries of the existing permit. The operator may apply for reissuance and that permit shall be reissued, except as provided in this subsection. On application for reissuance the burden of proving that the permit should not be reissued shall be on the opponents of reissuance or the department. If the opponents to reissuance or the department establish and the Permit Board finds, in writing, that the operator is not satisfactorily meeting the terms and conditions of the existing permit or the present surface mining and reclamation operation is not in compliance with this chapter and the rules and regulations issued under this chapter, the Permit Board shall not reissue the permit.
(3)
Any permit reissuance shall be for a term not to exceed the term of the original permit established by this chapter. Application for permit reissuance shall be filed with the Permit Board at least sixty (60) days before the expiration of the permit. If an application for reissuance is timely filed, the operator may continue surface mining operations under the existing permit until the Permit Board takes action on the reissuance application.
Laws, 1977, ch. 476, § 14; Laws, 2002, ch. 492, § 19, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-45 - Review of Permit Board action or decision

Any interested party may seek a review or an appeal of any action or decision of the Permit Board under Sections
53-7-41
and
53-7-43
as provided in Section
49-17-29
.
Laws, 1977, ch. 476, § 15; Laws, 1979, ch. 477, § 48; Laws, 1984, ch. 488, § 322; Laws, 2000, ch. 516, § 98; Laws, 2002, ch. 492, § 20, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-47 - Mining prohibited in national and state park lands

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.
Laws, 1977, ch. 476, § 16(1); Laws, 2002, ch. 492, § 21, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-49 - Designation of certain lands as unsuitable for surface mining; criteria for designation

(1)
With the assistance of the Mississippi Commission on Wildlife, Fisheries and Parks and the Mississippi Department of Marine Resources, the commission shall identify and designate as unsuitable certain lands for all or certain types of surface mining. The commission shall adopt rules and regulations to provide reasonable notice to prospective operators and any other interested parties of areas which might be designated as unsuitable for surface mining. The commission may designate areas as unsuitable for surface mining lands if the commission determines:
(a)
The operations will result in significant damage to important areas of historic, cultural or archaeological value or to important natural systems;
(b)
The operations will affect renewable resource lands resulting in a substantial loss or reduction of long-range productivity of water supply or food or fiber products, including aquifers and aquifer recharge areas;
(c)
The operations are located in areas of unstable geological formations and may reasonably be expected to endanger life and property;
(d)
The operations will damage ecologically sensitive areas;
(e)
The operations will significantly and adversely affect any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild or scenic river area, state scenic stream, state park, state wildlife refuge, state forest, recorded state historical landmark, state historic site, state archaeological landmark, or city or county park;
(f)
The operations will endanger any public road, public building, cemetery, school, church or similar structure or existing dwelling outside the permit area; or
(g)
The operations and the affected area cannot be reclaimed feasibly under the requirements of this chapter.
(2)
Unless an operation is exempted under Section
53-7-7(2)(a)
or
53-7-7(2)(b)
, it is unlawful to conduct surface mining operations within an area designated as unsuitable for surface mining under Section
53-7-51
or this section or to conduct surface mining operations in rivers, lakes, bayous, intermittent or perennial streams or navigable waterways, natural or manmade, without a permit or coverage under a general permit issued or reissued consistent with regulations adopted by the commission.
Laws, 1977, ch. 476, § 16(2); Laws, 1984, ch. 488, § 323; Laws, 2000, ch. 516, § 99; Laws, 2002, ch. 492, § 22, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-51 - Designation of certain lands as unsuitable for surface mining; petition for modification, amendment or termination of designation; appeal

(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
.
Laws, 1977, ch. 476, § 16(3, 4); Laws, 1979, ch. 477, § 49; Laws, 2002, ch. 492, § 23, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-53 - Records, reports and equipment to be maintained by permittees

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.
Laws, 1977, ch. 476, § 17(1); Laws, 2002, ch. 492, § 24, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-55 - Inspection by department; inspection reports; procedure on detection of violation

(1)
Authorized representatives of the department, on presentation of appropriate credentials, may enter and inspect any operation or any premises in which records required to be maintained under Section
53-7-53
are located and may at reasonable times, and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required under this chapter.
(2)
Inspections of operations with or without a permit by the department shall occur on an irregular basis at a frequency necessary to insure compliance with this chapter, rules and regulations and the terms and conditions of any permit. Inspections shall occur only during normal operating hours if practical, may occur without prior notice to the permittee or the agents or employees of the permittee, and shall include the filing of an inspection report. The department shall make those reports part of the record and shall provide one (1) copy of the report to the operator. The department shall, as practical, establish a system of rotation of field inspectors.
(3)
Each field inspector, on detection of each violation of this chapter, rules and regulations adopted under this chapter or the permit for the operation, shall inform the operator or the operator's agent orally at the time of the inspection and subsequently in writing and shall report any violation in writing to the commission.
Laws, 1977, ch. 476, § 17(2-4); Laws, 1979, ch. 477, § 50; Laws, 2002, ch. 492, § 25, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-57 - Inspection by representatives of local soil and water conservation districts; recommendations of progress of reclamation activities

Any representative of the local soil and water conservation district, upon presentation of appropriate credentials may enter and inspect the operation for the purpose of making recommendations regarding reclamation activities. The representative shall make any recommendations on the progress of reclamation activities in writing to the Permit Board.
Laws, 1977, ch. 476, § 17(5); Laws, 2002, ch. 492, § 26, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-61 - Criminal penalties for false statement, representation or certification; willful violations

(1)
Any person who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter is guilty of a misdemeanor and upon conviction, may be subject to a fine of not more than Five Thousand Dollars ($5,000.00).
(2)
Any person who knowingly violates, or fails or refuses to comply with this chapter, any rule or regulation or written order of the commission adopted or issued under this chapter, or any condition of a permit issued under this chapter, is guilty of a misdemeanor and, upon conviction, may be subject to a fine of not more than Five Thousand Dollars ($5,000.00).
Laws, 1977, ch. 476, § 18(4, 5) eff. 4/15/1978; Laws, 2002, ch. 492, § 28, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-63 - Request for formal hearing by aggrieved party; authority to subpoena witnesses, administer oaths, examine witnesses and conduct hearing

(1)
Unless otherwise expressly provided in this chapter, any interested party aggrieved by any action of the Permit Board taken under this chapter may request a formal hearing before the Permit Board as provided in Section
49-17-29
. Any person aggrieved by any action of the commission taken under this chapter may request a formal hearing before the commission as provided in Section
49-17-41
. Any person who participated as a party in a formal hearing before the Permit Board may appeal from a final decision of the Permit Board made under this chapter as provided in Section
49-17-29
. Any person who participated as a party in a formal hearing before the commission may appeal from a final decision of the commission made under this chapter as provided in Section
49-17-41
.
(2)
(a)
Any public hearing of the Permit Board provided for under this chapter shall be deemed to be the same hearing as otherwise afforded to any interested party by the Permit Board under Section
49-17-29
. Any formal hearing of the Permit Board provided for under this chapter shall be deemed to be the same hearing as otherwise afforded to any interested party by the Permit Board under Section
49-17-29
.
(b)
Any public hearing of the commission provided for under this chapter shall be deemed to be the same hearing as afforded under Section
49-17-35
. Any formal hearing of the commission provided for under this chapter shall be deemed to be the same hearing as afforded under Section
49-17-41
.
(3)
(a)
In conducting any formal hearing under this chapter, the Permit Board shall have the same authority to subpoena witnesses, administer oaths, examine witnesses under oath and conduct the hearing as provided in Section
49-17-29
.
(b)
In conducting any formal hearing under this chapter the commission shall have the same authority to subpoena witnesses, administer oaths, examine witnesses under oath and conduct the hearing as provided in Section
49-17-41
.
Laws, 1977, ch. 476, § 18(6); Laws, 1995, ch. 627, § 11; Laws, 2002, ch. 492, § 29, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-65 - Report or complaint alleging violation; investigation; hearing; order; notice; proof of service; appeal

(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
.
Laws, 1977, ch. 476, § 19; Laws, 1979, ch. 477, § 52; Laws, 2002, ch. 492, § 30, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-69 - Surface Mining and Reclamation Fund

(1)
There is created in the State Treasury a fund to be designated as the "Surface Mining and Reclamation Fund," referred to hereinafter as the "fund." There is created in the fund an account designated as the "Land Reclamation Account" and an account designated as the "Surface Mining Program Operations Account."
(2)
The fund shall be treated as a special trust fund. Interest earned on the principal therein shall be credited by the Treasurer to the fund.
(3)
The fund may receive monies from any available public or private sources, including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, judicial actions, penalties and forfeited performance bonds. Any monies received from penalties, forfeited performance bonds, judicial actions and the interest thereon, less enforcement and collection costs, shall be credited to the Land Reclamation Account. Any monies received from the collection of fees, grants, taxes, public or private donations and the interest thereon shall be credited to the Surface Mining Program Operations Account.
(4)
The commission shall expend or utilize monies in the fund by an annual appropriation by the Legislature as provided herein. Monies in the Land Reclamation Account may be used to defray any costs of reclamation of land affected by mining operations. Monies in the Surface Mining Program Operations Account may be used to defray the reasonable direct and indirect costs associated with the administration and enforcement of this chapter.
(5)
Proceeds from the forfeiture of performance bonds or deposits and penalties recovered shall be available to be expended to reclaim, in accordance with this chapter, lands with respect to which the performance bonds or deposits were provided and penalties assessed. If the commission expends monies from the fund for which the cost of reclamation exceeded the proceeds from the forfeiture of performance bonds or deposits, the commission may seek to recover any monies expended from the fund from any responsible party.
Laws, 1977, ch. 476, § 21(1, 2); Laws, 2002, ch. 492, § 32, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-71 - Reclamation work; utilizing services of governmental agencies and private contractors; competitive bidding; right of access

In the reclamation of land affected by surface mining for which it has funds available, the commission may avail itself of any services which may be provided by other state agencies, political subdivisions or the federal government, and may compensate them for the services. The commission may cause the reclamation work to be done through contract with other governmental agencies or with qualified persons. The contracts shall be awarded as provided by state law and policies of the commission. Any person under contract to the commission may enter onto the land affected to carry out the reclamation.
Laws, 1977, ch. 476, § 21(3); Laws, 2002, ch. 492, § 33, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-73 - [Repealed]

Repealed by Laws, 2002, ch. 492, § 38, eff. 7/1/2002.
Laws, 1977, ch. 476, § 22, eff. 4/15/1978.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-75 - Disclosure of confidential information; penalty; application of Trade Secrets Act

(1)
Information submitted to the department, commission, Permit Board or local soil and water conservation district pertaining to the deposits of materials, trade secrets or privileged commercial or financial information relating to the competitive rights of the applicant and which is specifically identified as confidential, shall not be available for public examination and shall not be considered as a public record if:
(a)
The applicant submits a written confidentiality claim to the commission before submission of the information; and
(b)
The commission determines the confidentiality claim to be valid.
(2)
The confidentiality claim shall include a generic description of the nature of the information included in the submission. The commission shall adopt rules and regulations consistent with the Mississippi Public Records Act regarding access to confidential information. Any information for which a confidentiality claim is asserted shall not be disclosed pending the outcome of any formal hearing and all appeals.
(3)
Any person knowingly and willfully making unauthorized disclosures of any information determined to be confidential shall be liable for civil damages arising from the unauthorized disclosure and, upon conviction, shall be guilty of a misdemeanor and shall be fined a sum not to exceed One Thousand Dollars ($1,000.00) and dismissed from public office or employment.
(4)
This section shall be supplemental to remedies for misappropriation of a trade secret provided in the Mississippi Uniform Trade Secrets Act, Sections
75-26-1
through
75-26-19
.
Laws, 1977, ch. 476, § 23; Laws, 1979, ch. 477, § 54; Laws, 1990, ch. 442, § 13; Laws, 2002, ch. 492, § 34, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 7 - SURFACE MINING AND RECLAMATION OF LAND (§§ 53-7-1 — 53-7-77) › Section 53-7-77 - Surface Mine Worker Safety Training Program Operations Fund

(1)
(a)
There is created in the State Treasury a special fund to be designated as the Surface Mine Worker Safety Training Program Operations Fund, referred to in this section as "special fund," to be administered by the executive director. The special fund shall consist of monies as may be appropriated by the Legislature and any other monies authorized under this section.
(b)
Monies in the special fund shall be utilized to pay reasonable direct and indirect costs associated with surface mine worker safety training provided by the department including, but not limited to, matching funds for federal grants to meet federal grant requirements to pay a proportional share of the total cost of the training.
(c)
Expenditures may be made from the special fund upon requisition by the executive director.
(d)
The special fund may receive monies from any available public or private source including, but not limited to, collection of fees, interest, grants, taxes, public and private donations, judicial actions and appropriated funds.
(e)
Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.
(2)
(a)
The commission shall set by order the fee for surface mine worker safety training, not to exceed the cost of providing the training.
(b)
All monies collected under this subsection shall be deposited into the special fund.
(c)
The commission may delegate to the department responsibility for the collection of fees under this subsection.
(d)
Any person required to pay a fee under this subsection who disagrees with the calculation or applicability of the fee may petition the commission for a hearing in accordance with Sections
49-17-33
and
49-17-35
.
(e)
Fees collected under this subsection shall not supplant or reduce in any way the general fund appropriation to the department.
Laws, 2009, ch. 436, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 9 - SURFACE COAL MINING AND RECLAMATION OF LAND (§§ 53-9-1 — 53-9-123) › MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW (§§ 53-9-1 — 53-9-91) › Section 53-9-1 - Short title

This chapter may be cited as the "Mississippi Surface Coal Mining and Reclamation Law."
Laws, 1979, ch. 477, § 1, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 9 - SURFACE COAL MINING AND RECLAMATION OF LAND (§§ 53-9-1 — 53-9-123) › MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW (§§ 53-9-1 — 53-9-91) › Section 53-9-5 - Purpose

It is the purpose of this chapter:
(a)
To assume for the state exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state under Section 503 of the federal act;
(b)
To develop, implement and enforce a program which, at a minimum, will achieve the purposes of the federal act and the regulations promulgated under that act;
(c)
To assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from those operations;
(d)
To assure that surface coal mining operations are not conducted where reclamation as required by this chapter is not feasible;
(e)
To assure that surface coal mining operations are conducted in a manner protective of the environment;
(f)
To assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations;
(g)
To assure that appropriate procedures are provided for public participation in the development, revision and enforcement of regulations, standards, reclamation plans or programs established by the state under this chapter;
(h)
To assure that the coal supply essential to the energy requirements of the state and nation and to their economic and social well-being is provided, and to strike a balance between protection of the environment and agricultural productivity and the need of the state and nation for coal as an essential source of energy; and
(i)
To, wherever necessary, exercise the full reach of state constitutional powers to insure the protection of the public interest through effective control of surface coal mining operations.
Laws, 1979, ch. 477, § 3; Laws, 1997, ch. 306, § 5, eff. 3/10/1997.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 9 - SURFACE COAL MINING AND RECLAMATION OF LAND (§§ 53-9-1 — 53-9-123) › MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW (§§ 53-9-1 — 53-9-91) › Section 53-9-9 - Administration and enforcement of chapter

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 penalty orders, promulgation of regulations regarding matters addressed in this chapter, and designation of lands unsuitable for surface coal mining. The permit board is designated as the body to issue, modify, revoke, transfer, suspend and reissue permits and to require, modify or release performance bonds under this chapter.
Laws, 1979, ch. 477, § 5; Laws, 1997, ch. 306, § 7, eff. 3/10/1997.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 9 - SURFACE COAL MINING AND RECLAMATION OF LAND (§§ 53-9-1 — 53-9-123) › MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW (§§ 53-9-1 — 53-9-91) › Section 53-9-13 - [Repealed]

Repealed by Laws, 1997, ch. 306, § 43, eff. 3/10/1997.
Laws, 1979, ch. 477, § 7.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 9 - SURFACE COAL MINING AND RECLAMATION OF LAND (§§ 53-9-1 — 53-9-123) › MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW (§§ 53-9-1 — 53-9-91) › Section 53-9-15 - [Repealed]

Repealed by Laws, 1997, ch. 306, § 44, eff. 3/10/1997.
Laws, 1979, ch. 477, § 8.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 9 - SURFACE COAL MINING AND RECLAMATION OF LAND (§§ 53-9-1 — 53-9-123) › MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW (§§ 53-9-1 — 53-9-91) › Section 53-9-17 - [Repealed]

Repealed by Laws, 1997, ch. 306, § 45, eff. 3/10/1997.
Laws, 1979, ch. 477, § 9.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 9 - SURFACE COAL MINING AND RECLAMATION OF LAND (§§ 53-9-1 — 53-9-123) › MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW (§§ 53-9-1 — 53-9-91) › Section 53-9-19 - Financial interest of persons employed under this chapter; penalty; monitoring and enforcement

(1)
No employee of the department performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates this subsection shall, upon conviction, be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) or by imprisonment of not more than one (1) year, or by both.
(2)
The commission shall promulgate regulations to establish methods by which this section shall be monitored and enforced, including appropriate provisions for the filing by any employees and the review of statements and supplements thereto concerning any financial interest which may be affected by this section.
Laws, 1979, ch. 477, § 10; Laws, 1997, ch. 306, § 9, eff. 3/10/1997.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 9 - SURFACE COAL MINING AND RECLAMATION OF LAND (§§ 53-9-1 — 53-9-123) › MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW (§§ 53-9-1 — 53-9-91) › Section 53-9-21 - Surface coal mining and reclamation permit; term; extensions; use by successor in interest; termination

(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.
Laws, 1979, ch. 477, § 11(1)-(4); Laws, 1997, ch. 306, § 10, eff. 3/10/1997.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 9 - SURFACE COAL MINING AND RECLAMATION OF LAND (§§ 53-9-1 — 53-9-123) › MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW (§§ 53-9-1 — 53-9-91) › Section 53-9-23 - Surface coal mining and reclamation permit-reissuance

(1)
Any permit shall have the right of successive reissuance upon expiration for the areas within the boundaries of the existing permit. The burden of proving that the permit should not be reissued shall be on opponents of reissuance or the department. The holders of the permit may apply for reissuance and after meeting the public notice requirements of Sections
53-9-37
and
53-9-39
, that permit shall be reissued unless it is established by the opponents to reissuance or the department, and written findings are made by the permit board stating that:
(a)
The permittee is not satisfactorily meeting the terms and conditions of the existing permit;
(b)
The surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this chapter and the regulations applicable to the existing permit;
(c)
The reissuance requested substantially jeopardizes the operator's continuing responsibility on existing permit areas;
(d)
The operator has not provided evidence that the performance bond, or any additional bond the permit board may require under Section
53-9-31
, which is in effect for that operation, will continue in full force and effect for any period of reissuance requested in the application; or
(e)
The operator has failed to provide any additional, revised or updated information required by the department or the permit board.
Before granting the reissuance of any permit, the permit board shall provide notice to the public authorities described in Section
53-9-39(1)(b)
.
(2)
If an application for reissuance of a permit includes a proposal to extend the surface coal mining operation beyond the boundaries authorized in the existing permit, the portion of the application for reissuance of the permit which addresses any new land areas shall be subject to the requirements applicable to new applications under this chapter.
(3)
Any permit reissuance shall be for a term not to exceed the period of the original permit established by this chapter. Application for permit reissuance shall be filed at least one hundred eighty (180) days before the expiration of the permit. If an application for reissuance is timely filed, the operator may continue surface coal mining operations under the existing permit until the permit board takes action on the reissuance application.
Laws, 1979, ch. 477, § 11(5); Laws, 1997, ch. 306, § 11, eff. 3/10/1997.