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 53-9-11 - Promulgation of rules and regulations; hearings; notice thereof

(1)
The commission may adopt, modify, repeal and promulgate, after due notice and hearing and in accordance with the Mississippi Administrative Procedures Law, and where not otherwise prohibited by federal or state law, may make exceptions to and grant exemptions and variances from and may enforce rules and regulations necessary or appropriate to carry out this chapter. Those rules and regulations shall be consistent with rules and regulations promulgated by the United States Secretary of the Interior under the federal act. No exceptions, exemptions or variances shall be less stringent than rules and regulations promulgated under the federal act. Any rules and regulations adopted by the commission may be more stringent than those promulgated by the United States Secretary of the Interior as long as they are not otherwise inconsistent with this chapter. A rule or regulation adopted by the commission may differ in its terms and provisions regarding particular conditions, particular mining techniques, particular areas of the state, or any other conditions that appear relevant and necessary as long as the action taken is consistent with this chapter. Before adopting any rules and regulations under this chapter, the commission shall hold a public hearing. Notice of the date, time, place and purpose of the hearing shall be given thirty (30) days before the scheduled date of the hearing as follows:
(a)
By mail:
(i)
To all operators known by the commission to be actively engaged in surface coal mining operations in the state;
(ii)
To persons who make written request for notification of the proposed regulations;
(iii)
To the Mississippi Soil and Water Conservation Commission, and to each local soil and water conservation district;
(iv)
To the Mississippi Department of Wildlife, Fisheries and Parks, the Mississippi Forestry Commission, the Mississippi Department of Archives and History, the Mississippi Department of Transportation, the Mississippi Department of Agriculture and Commerce, the Mississippi State Oil and Gas Board, the Mississippi Department of Marine Resources, and the Mississippi State Department of Health; and
(v)
To any other state agency whose jurisdiction the commission feels the surface coal mining operations may affect;
(b)
To other interested parties by publication of the notice once a week for three (3) consecutive weeks in one (1) newspaper having general circulation in the state.
(2)
Any person may submit written comments or appear and offer oral comments at the public hearing. The commission shall consider all comments and relevant data presented at the public hearing before final adoption of rules and regulations under this chapter. The failure of any person to submit comments within a time period as established by the commission shall not preclude action by the commission.
Laws, 1979, ch. 477, § 6; Laws, 1997, ch. 306, § 8, eff. 3/10/1997.