reglab/statecodes huggingface dataset:
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 53-9-26 - Surface coal mining and reclamation permit; application cost assistance to small operators

If the Permit Board finds that the probable total annual production at all locations of a surface coal mining operator will not exceed three hundred thousand (300,000) tons, the cost of conducting activities to obtain and provide the information required to be contained in the permit application as determined by the commission consistent with Section 507(c) of the federal act shall be assumed by the department, subject to the availability of federal or other special funds for that purpose and upon written request of the operator. All work under this section shall be performed by a qualified public or private laboratory or other public or private qualified entity designated by the department.
Laws, 1997, ch. 306, § 1; Laws, 1998, ch. 373, § 1, eff. 3/16/1998.
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 53-9-27 - Filing of permit application with chancery court clerk; public inspection; exclusion of confidential information

Each applicant for a permit shall file, within ten (10) days after filing with the permit board, a copy of its application for public inspection with the clerk of the chancery court of the county or judicial district where the mining is to occur and where real property contiguous to the surface coal mining and reclamation operation is located, if that property is located in more than one (1) county or judicial district. The applicant may omit from its filing information in its permit application pertaining to the quality, depth or width of the coal seam or the location of the coal seam within the permit area included in the application, if that information has been determined to be confidential by the commission under Section
53-9-43
.
Laws, 1979, ch. 477, § 12(6); Laws, 1997, ch. 306, § 13, 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 53-9-28 - Surface coal mining and reclamation permit; permit fees

(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.
Laws, 1997, ch. 306, § 2, 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 53-9-29 - Reclamation plan included in application; contents

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.
Laws, 1979, ch. 477, § 13; Laws, 1997, ch. 306, § 14, 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 53-9-32 - Surface coal mining and reclamation permit; preparation of plain language summary of proposed operation and reclamation

Upon receipt of a complete application for a surface coal mining and reclamation operation, the state geologist shall prepare a brief written summary of the proposed operation and reclamation. This summary shall be written in language understandable to the general public and shall be made available to the public at the department and at each location where the applicant is required to place a copy of the application for public inspection.
Laws, 1997, ch. 306, § 3, 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 53-9-35 - Surface coal mining and reclamation permit; revisions

(1)
During the term of the permit, the permittee may submit an application for a revision of the permit and a revised reclamation plan, to the department in accordance with regulations promulgated by the commission.
(2)
An application for a revision of a permit shall not be approved unless the executive director finds that reclamation as required by this chapter and the regulations promulgated under this chapter can be accomplished under the revised reclamation plan. The revision shall be granted or denied by the executive director within a period of time established in the regulations promulgated by the commission. The commission shall also promulgate regulations for determination of the extent to which a revision application shall comply with this chapter, including notice and hearing requirements. A decision by the executive director to grant or deny a revision of a permit shall be subject to formal hearing and appeal as would an initial decision of the permit board under Section
49-17-29
.
(3)
Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for a new permit. A revision shall not be considered a modification.
Laws, 1979, ch. 477, § 16; Laws, 1997, ch. 306, § 17, 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 53-9-41 - Coal exploration permit; application; limitation on removal; penalty for disturbing land surface

(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.
Laws, 1979, ch. 477, § 17; Laws, 1990, ch. 442, § 14; Laws, 1997, ch. 306, § 20, 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 53-9-43 - Confidentiality claims; penalties

(1)
Information submitted to the department, commission or permit board concerning trade secrets or privileged commercial or financial information relating to the competitive rights of an applicant and which is specifically identified as confidential, shall not be available for public examination and shall not be considered as a public record if:
(a)
The applicant submits a written confidentiality claim to the commission before the submission of the information; and
(b)
The commission determines the confidentiality claim to be valid.
(2)
The confidentiality claim shall include a generic description of the nature of the information included in the submission. The commission shall promulgate rules and regulations consistent with the Mississippi Public Records Act regarding access to confidential information. Any information for which a confidentiality claim is asserted shall not be disclosed pending the outcome of any formal hearing and all appeals.
(3)
Any person knowingly and willfully making unauthorized disclosures of any information determined to be confidential shall be liable for civil damages arising from the unauthorized disclosure and, upon conviction, shall be guilty of a misdemeanor and shall be fined a sum not to exceed One Thousand Dollars ($1,000.00) and dismissed from public office or employment. This section is supplemental to remedies for misappropriation of a trade secret provided in the Mississippi Uniform Trade Secrets Act.
Laws, 1979, ch. 477, § 20(1); Laws, 1997, ch. 306, § 21, 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 53-9-49 - Authorized departures from performance standards; experimental practices

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.
Laws, 1979, ch. 477, § 37; Laws, 1997, ch. 306, § 24, 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 53-9-53 - Sign at entrance of surface coal mining and reclamation operation

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.
Laws, 1979, ch. 477, § 22(3); Laws, 1997, ch. 306, § 26, 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 53-9-57 - Criminal penalties; violation of condition of permit or order

Any person who willfully and knowingly violates this chapter or any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit, or 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 a regulation or written order of the commission promulgated or issued under this chapter, shall, upon conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than one (1) year, or both.
Laws, 1979, ch. 477, § 24; Laws, 1997, ch. 306, § 28, 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 53-9-59 - [Repealed]

Repealed by Laws, 1997, ch. 306, § 46, eff. 3/10/1997.
Laws, 1979, ch. 477, § 25, 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 53-9-61 - Criminal penalties; resisting, preventing, impeding, or interfering with performance of duties

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.
Laws, 1979, ch. 477, § 36; Laws, 1997, ch. 306, § 29, 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 53-9-63 - Nonexclusivity of penalty provisions

Nothing in Sections
53-9-55
through
53-9-57
shall be construed to eliminate any additional enforcement right or procedures which are available under state law to a state agency but which are not specifically enumerated in this chapter.
Laws, 1979, ch. 477, § 26; Laws, 1997, ch. 306, § 30, 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 53-9-73 - Cooperation with Secretary of Interior

The commission may enter into a cooperative agreement with the United States Secretary of the Interior to provide for state regulation of surface coal mining and reclamation operations on federal lands within the state.
Laws, 1979, ch. 477, § 31; Laws, 1997, ch. 306, § 35, 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 53-9-75 - Application of chapter to public corporations

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.
Laws, 1979, ch. 477, § 32; Laws, 1997, ch. 306, § 36, 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 53-9-79 - [Repealed]

Repealed by Laws, 1997, ch. 306, § 47, eff. 3/10/1997.
Laws, 1979, ch. 477, § 34.
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 53-9-81 - Inapplicability of chapter

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.
Laws, 1979, ch. 477, § 35; Laws, 1997, ch. 306, § 38, 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 53-9-83 - Lease of state coal deposits

(1)
This section applies where coal owned by the state under land, the surface rights to which are owned by a surface owner as defined in this section, is to be mined by methods other than underground mining techniques.
(2)
The state shall not enter into any lease of state coal deposits until the surface owner has given written consent to enter and commence surface coal mining and reclamation operations and the commission has obtained evidence of that consent. Written consent given by any surface owner before July 1, 1979, shall be deemed sufficient for the purposes of complying with this section.
(3)
In order to minimize disturbance to surface owners from surface coal mining of state coal deposits and to assist in the preparation of comprehensive land-use plans, the state geologist shall consult with any surface owner whose land is proposed to be included in a leasing tract and shall ask the surface owner to declare a preference for or against the offering of the deposit under this land for lease. The state shall, in its discretion but to the maximum extent practicable, refrain from leasing coal deposits for development by methods other than underground mining techniques in those areas where a significant number of surface owners have declared a preference against the offering of the deposits for lease.
(4)
For the purpose of this section, "surface owner" means the natural person or persons, or corporation, the majority stock of which is held by a person or persons who meet the other requirements of this section, who:
(a)
Hold legal or equitable title to the land surface;
(b)
Have their principal place of residence on the land or are personally conducting farming or ranching operations upon a farm or ranch unit which is to be affected by surface coal mining and reclamation operations, or receive directly a significant portion of their income, if any, from those farming or ranching operations; and
(c)
Have met the conditions of paragraphs (a) and (b) for at least three (3) years before granting consent.
In computing the three-year period, the commission may include periods during which title was owned by a relative of that person by blood or marriage during which period the relative would have met the requirements of this subsection.
(5)
Nothing in this section shall be construed as increasing or diminishing any property rights held by the state or by any other landowner.
Laws, 1979, ch. 477, § 38; Laws, 1997, ch. 306, § 39, 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 53-9-85 - Enforcement and protection of water rights

(1)
Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, that person's interest in water resources affected by a surface coal mining operation.
(2)
The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of that person's supply of water for domestic, agricultural, industrial or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution or interruption proximately resulting from the surface coal mining or reclamation operation.
Laws, 1979, ch. 477, § 39; Laws, 1997, ch. 306, § 40, 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 53-9-87 - Training, examination, and certification of persons responsible for blasting

The commission shall promulgate regulations requiring the training, examination and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations.
Laws, 1979, ch. 477, § 40; Laws, 1997, ch. 306, § 41, 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 53-9-91 - [Repealed]

Repealed by Laws, 1997, ch. 306, § 48, eff. 3/10/1997.
Laws, 1979, ch. 477, § 42.
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) › ABANDONED MINE LANDS RECLAMATION PROGRAM (§§ 53-9-101 — 53-9-123) › Section 53-9-103 - Only abandoned mines eligible for program expenditures

Only abandoned mine lands are eligible for reclamation or drainage abatement expenditures from the Abandoned Mine Lands Reclamation Account.
Laws, 2001, ch. 426, § 5, eff. 7/1/2001.
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) › ABANDONED MINE LANDS RECLAMATION PROGRAM (§§ 53-9-101 — 53-9-123) › Section 53-9-111 - Review of commission action; formal hearing; landowner rights and remedies

(1)
Any landowner who has received notice of condemnation or acquisition from the commission under Section
53-9-109
may, within fifteen (15) days following the notice, make written application to the commission for a formal hearing regarding the actual need or advisability for the acquisition. The commission shall hear the landowner's grievance within thirty (30) days following the written application for a hearing and shall make a determination as to the need for the acquisition. The commission's determination shall be reflected in an order, which may be appealed under Section
49-17-41
. Any landowner adversely affected by any other action of the commission under Section
53-9-109
may institute proceedings to have the action reviewed in the chancery court in the county where the property or a part of the property affected by the action is located, provided that the proceedings are filed within thirty (30) days following the date of the action. The court may grant any relief it deems necessary, including, but not limited to, injunctive relief pending a hearing on the matter.
(2)
Any landowner subject to condemnation proceedings for sale under Section
53-9-109
shall retain all rights and remedies of law provided by applicable federal and state laws governing condemnation proceedings and sale at public auction. Any landowner, his heir, assignee or personal representative shall have a prior right of purchase at fair market value or the lowest bid, whichever amount is more, over any other purchaser at the public sale provided the lands are put to proper use consistent with any local, state, or federal land use plan, if any, for the area in which the land is located.
Laws, 2001, ch. 426, § 9, eff. 7/1/2001.
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) › ABANDONED MINE LANDS RECLAMATION PROGRAM (§§ 53-9-101 — 53-9-123) › Section 53-9-113 - Itemization of funds expended; filing of statement in county land records detailing increase in land value from expenditure of fund; statement to constitute lien upon land; hearing and appeal

(1)
Within six (6) months after the completion of projects funded by the commission, in whole or in part, with funds from the Abandoned Mine Lands Reclamation Account to restore, reclaim, abate, control or prevent adverse effects of past mining practices on privately owned land, the executive director shall itemize the funds expended and may file a statement in the land records of the county in which the land lies together with a notarized appraisal by a qualified independent appraiser of the value of the land before the restoration, reclamation, abatement, control or prevention of adverse effects of past coal mining practices, if the funds expended shall result in a significant increase in property value. The statement shall constitute a lien upon the land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this section, who neither consented to, participated in nor exercised control over the mining operation which necessitated the reclamation performed under this chapter.
(2)
Any owner of land subject to a lien imposed pursuant to this section may, within sixty (60) days of the filing of the lien, file a petition in the chancery court of the county in which the land lies to determine the increase in the market value of the land as a result of the reclamation work. The amount determined by the court to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement required by this section. Any party aggrieved by the decision may appeal as provided by law.
(3)
The lien provided in this section shall be entered in the land records in the office in the county in which the land lies. The statement shall constitute a lien upon the land as of the date of the expenditure of the monies and shall have priority as a lien second only to the lien of real estate taxes imposed on the land. Money derived from the satisfaction of liens shall be deposited in the Abandoned Mine Reclamation Account.
Laws, 2001, ch. 426, § 10; Laws, 2008, ch. 343, § 3, eff. 3/25/2008.
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) › ABANDONED MINE LANDS RECLAMATION PROGRAM (§§ 53-9-101 — 53-9-123) › Section 53-9-115 - Governor may request action against certain hazards caused by mining of minerals other than coal; limitations on funds available; acquisition of interest in land

(1)
The Governor may request the secretary to authorize the commission to fill voids, seal open or abandoned tunnels, shafts and entryways, and reclaim surface impacts of underground or surface mining of minerals other than coal which the secretary determines could endanger life and property, constitute a hazard to public health and safety, or degrade the environment.
(2)
Funds available for use in carrying out the purpose of this section shall be limited to those funds which must be allocated to the state under the provisions of
30 USC 1232(g)(1) and (5)
. Projects funded under this section must meet the priorities described in Section
53-9-101(1)(a)
, but references to coal shall not apply.
(3)
In those instances where mine waste piles are being reworked for conservation purposes, the incremental costs of disposing of the wastes from such operations by filling voids and sealing tunnels may be eligible for funding providing that the disposal of these wastes meet the purpose of this section.
(4)
The commission, with the approval of the secretary, may acquire by purchase, donation, easement or otherwise an interest in the land it determines is necessary to carry out the provisions of this section.
Laws, 2001, ch. 426, § 11; Laws, 2008, ch. 343, § 4, eff. 3/25/2008.
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) › ABANDONED MINE LANDS RECLAMATION PROGRAM (§§ 53-9-101 — 53-9-123) › Section 53-9-117 - Interdepartmental cooperation; provision of technical expertise, personnel, equipment, materials, and supplies

All departments, boards, commissions and agencies of this state shall cooperate with the commission by providing available technical expertise, personnel, equipment, materials and supplies as may be required to implement and administer the provisions of the state abandoned mine lands reclamation program.
Laws, 2001, ch. 426, § 12, eff. 7/1/2001.
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) › ABANDONED MINE LANDS RECLAMATION PROGRAM (§§ 53-9-101 — 53-9-123) › Section 53-9-119 - Injunctions

The commission, in addition to any other remedies allowed by law, may initiate in the name of the state, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in this chapter.
Laws, 2001, ch. 426, § 13, eff. 7/1/2001.
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) › ABANDONED MINE LANDS RECLAMATION PROGRAM (§§ 53-9-101 — 53-9-123) › Section 53-9-121 - Power and authority to implement program; promulgation of rules and regulations; cooperative projects

The commission shall have the power and authority to engage in any work and to do all things necessary or expedient, including promulgation of rules and regulations, to implement and administer the abandoned mine lands reclamation program in Mississippi. The commission also shall have the power and authority to engage in cooperative projects with any other agency of the United States of America or any state or federal agency to achieve the objectives of the abandoned mine lands reclamation program in Mississippi.
Laws, 2001, ch. 426, § 14, eff. 7/1/2001.
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) › ABANDONED MINE LANDS RECLAMATION PROGRAM (§§ 53-9-101 — 53-9-123) › Section 53-9-123 - Authority with regard to land affected by noncoal mining practices; agreement of landowner; required findings; limitations on expenditure of funds

The commission shall have the authority granted in Sections
53-9-107(1)
and
53-9-109
, as applied to land or water resources that have been adversely affected by mining practices other than coal mining practices, only upon the agreement of the current landowner(s). The commission shall have this authority only after making the findings required by Section
53-9-107(1)(a) and (b)
, as modified to reflect that the effects were caused by noncoal mining practices. Funds shall not be expended from the Abandoned Mine Lands Reclamation Account on lands adversely affected by mining or processing practices other than coal mining or processing practices unless and until the landowner(s) agrees to abide with all provisions of Section
53-9-113
. This section does not limit the authority of the commission to perform any act authorized by the Mississippi Air and Water Pollution Control Law, Section
49-17-1
et seq., the organic act of the commission, Section
49-2-1
et seq., or the Mississippi Surface Mining and Reclamation Law, Section
53-7-1
et seq.
Laws, 2001, ch. 426, § 15, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 10 - INTERSTATE MINING COMPACT (§§ 53-10-1 — 53-10-5) › Section 53-10-1 - Findings and purposes

(a)
The Legislature finds and declares that:
(i)
Within the state, mining constitutes a significant aspect of the state's economy.
(ii)
The Interstate Mining Compact was established in 1966 to provide a forum for states having significant mining to exchange ideas on mining technology, conservation, and reclamation practices and to generate consensus policies for use as desired by member states and for input at the congressional and federal regulatory level of government.
(iii)
Membership in the Compact by the state will provide the Governor, as the representative of the state on the Interstate Mining Compact Commission, direct input on significant mining issues and policies and access to ideas and sources of information, not otherwise available, which may enable the state to initiate progressive or desired policies and mining control techniques that will be to the benefit of the citizens of Mississippi and the mining industry in the state.
(b)
The purposes of the Interstate Mining Compact are recognized to be to:
(i)
Advance the protection and restoration of land, water, and other resources affected by mining.
(ii)
Assist in the reduction, elimination, or counteracting of pollution or deterioration of land, water, and air attributable to mining.
(iii)
Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party states which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated.
(iv)
Assist the party states in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration, or protection of such land and other resources.
(v)
Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.
Added by Laws, 2014, ch. 326, HB 925, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 10 - INTERSTATE MINING COMPACT (§§ 53-10-1 — 53-10-5) › Section 53-10-2 - Membership

(a)
Pursuant to the findings of the Legislature and subject to the limitations hereinafter set forth, the State of Mississippi hereby adopts the Interstate Mining Compact as embodied in the findings and purposes set forth above, and the state through the Office of the Governor is authorized to join and participate in the Interstate Mining Compact through membership on the Interstate Mining Compact Commission.
(b)
The Governor may appoint a designee to serve as the Governor's official representative to the compact and to perform any functions in connection with the business of the compact.
Added by Laws, 2014, ch. 326, HB 925, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 10 - INTERSTATE MINING COMPACT (§§ 53-10-1 — 53-10-5) › Section 53-10-3 - Limitations

(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.
Added by Laws, 2014, ch. 326, HB 925, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 10 - INTERSTATE MINING COMPACT (§§ 53-10-1 — 53-10-5) › Section 53-10-4 - Expenses

The Mississippi Department of Environmental Quality may pay annually out of funds collected from Surface Coal Mining Permit Fees, or from funds granted to the state by the federal Office of Surface Mining Reclamation and Enforcement, the annual membership dues payable to the Interstate Mining Compact Commission for the membership of the State of Mississippi in that organization.
Added by Laws, 2014, ch. 326, HB 925, 4, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 10 - INTERSTATE MINING COMPACT (§§ 53-10-1 — 53-10-5) › Section 53-10-5 - General power of Governor and withdrawal

(a)
Within the limitations of this section, the Governor shall be entitled to exercise all the power of his office necessary in his judgment to maintain the state in good standing as a member and to participate therein.
(b)
After the Governor has provided one (1) year's notice in writing to the governors of all other member states, the Legislature, by appropriate repealing legislation, may withdraw the state from the Interstate Mining Compact.
Added by Laws, 2014, ch. 326, HB 925, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 11 - MISSISSIPPI GEOLOGIC SEQUESTRATION OF CARBON DIOXIDE ACT (§§ 53-11-1 — 53-11-33) › Section 53-11-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Geologic Sequestration of Carbon Dioxide Act."
Laws, 2011, ch. 437, § 1, eff. 3/23/2011.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 11 - MISSISSIPPI GEOLOGIC SEQUESTRATION OF CARBON DIOXIDE ACT (§§ 53-11-1 — 53-11-33) › Section 53-11-13 - Order requiring unit operation of a geologic sequestration facility

If the board finds pursuant to Section
53-11-9(1)
that a reservoir shall be operated as a unit for a geologic sequestration facility, the board may issue an order requiring such unit operation, if it finds that:
(a)
Unit operation of the reservoir is reasonably necessary in order to create and operate an approved geologic sequestration facility in the reservoir;
(b)
The unit for the geologic sequestration facility and the agreements effectuating the unit are fair and reasonable under all of the circumstances and protect the rights of all interests in the oil, gas or other commercial minerals where applicable, and the owners of interests in the surface acreage of the unit area, and owners of interests in the carbon dioxide injected or to be injected in the reservoir;
(c)
The correlative rights of all owners of interests in the oil, gas or other commercial minerals where applicable, and the owners of interests in the surface acreage of the unit area, and owners of interests in the carbon dioxide injected or to be injected in the reservoir will be protected;
(d)
The cost incident to conducting the geologic sequestration operation will not be borne by the royalty owners of the oil, gas or other commercial minerals except for post-production treating, processing, transportation, and marketing expenses when concurrent production occurs with the geologic sequestration operation; and
(e)
The storage operator or a predecessor operator of a proposed sequestration facility has demonstrated the boundaries of the unit as may be necessary for the board to approve the unit by the drilling of wells to sufficient depths and locations, or by other geological or engineering interpretations which may include those from logging, coring, modeling or monitoring.
Laws, 2011, ch. 437, § 7, eff. 3/23/2011.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 11 - MISSISSIPPI GEOLOGIC SEQUESTRATION OF CARBON DIOXIDE ACT (§§ 53-11-1 — 53-11-33) › Section 53-11-17 - Hearings before the board; notice; rules of procedures; emergency; service of process; public records; request for hearings; orders and compliance orders

All public hearings before the board under this chapter shall be conducted pursuant to the provisions of Sections
53-1-19
through
53-1-37
.
Laws, 2011, ch. 437, § 9, eff. 3/23/2011.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 11 - MISSISSIPPI GEOLOGIC SEQUESTRATION OF CARBON DIOXIDE ACT (§§ 53-11-1 — 53-11-33) › Section 53-11-19 - Compliance and enforcement

(1)
Whenever the board or an authorized representative of the board determines that a violation of any requirement of this chapter has occurred or is threatened, the board shall be authorized to either issue an order requiring compliance within a specified time period or commence a civil action for appropriate relief, including a temporary or permanent injunction.
(2)
Any compliance order issued by the board under this chapter shall state with reasonable specificity the nature of the violation and specify a time for compliance and, in the event of noncompliance, assess a civil penalty, if any, which the board determines is reasonable of not more than Five Thousand Dollars ($5,000.00) a day for each day of violation and for each act of violation, taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements.
(3)
Except as otherwise provided by law, any person to whom a compliance order is issued and who fails to take corrective action within the time specified in the order or any person found by the board to be in violation of any requirement of this section may be liable for a civil penalty, to be assessed by the board or court, of not more than Five Thousand Dollars ($5,000.00) per day for each day of violation and for each act of violation. In order to enforce the provisions of this section, the board may suspend or revoke any permit, compliance order, license, or variance that has been issued to a person in accordance with law. No penalty shall be assessed by the board until the person charged has been given notice and an opportunity for a hearing on the charge. In determining whether a civil penalty is to be assessed and in determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation and the demonstrated good faith of the person charged in attempting to achieve rapid compliance, after notification of a violation, shall be considered.
(4)
The board, or Attorney General if requested by the board, shall have charge of and shall prosecute all civil cases arising out of violation of any provision of this section including the recovery of penalties.
(5)
Except as otherwise provided by law, the board may settle or resolve as the board may deem advantageous to the state any suits, disputes or claims within the jurisdiction of the board for any penalty under any provisions of this section or the regulations or permit license terms and conditions applicable thereto.
Laws, 2011, ch. 437, § 10, eff. 3/23/2011.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 11 - MISSISSIPPI GEOLOGIC SEQUESTRATION OF CARBON DIOXIDE ACT (§§ 53-11-1 — 53-11-33) › Section 53-11-21 - Effect of acting as storage operator

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.
Laws, 2011, ch. 437, § 11, eff. 3/23/2011.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 11 - MISSISSIPPI GEOLOGIC SEQUESTRATION OF CARBON DIOXIDE ACT (§§ 53-11-1 — 53-11-33) › Section 53-11-25 - Cessation of storage operations

(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.
Laws, 2011, ch. 437, § 13, eff. 3/23/2011.
Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 11 - MISSISSIPPI GEOLOGIC SEQUESTRATION OF CARBON DIOXIDE ACT (§§ 53-11-1 — 53-11-33) › Section 53-11-29 - Refusing to monitor or producing false or inaccurate readings

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.
Laws, 2011, ch. 437, § 15, eff. 3/23/2011.