reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Licensing of Water Well Contractors Regulations › Rule 11-7-2.17 - Confidential Information

Current through June 25, 2024
Procedures for declaring submitted information confidential
				  and for agency handling of such information are found in Miss. Code Ann.
				  Section
				  49-17-39,
				  Section
				  51-3-44,
				  and the Commissions Regulations Regarding the Review and Reproduction of Public
				  Records (Chapter 11, Part 1, Chapter 2).
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 51-5-1, et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Dam Safety Regulations › Rule 11-7-3.2 - Permitting Applicability, Exceptions, and Limitations

Current through June 25, 2024
A.
Applicability
(1) Except as otherwise provided in this
				section, any person or entity proposing to construct, enlarge, repair, or alter
				a dam or reservoir in the state of Mississippi must obtain a permit from the
				Permit Board, or its designee, prior to commencement of any site work related
				to the project. Application for such permits shall be made on a form prescribed
				by the Board and will be processed by the Board in accordance with Mississippi
				Code Annotated, Section
				49-17-29.
(2) The Board may require submittal of any
				information deemed necessary to evaluate a proposal to construct, enlarge,
				repair, or alter a dam or reservoir. Once the Board has authorized the project,
				the applicant shall not modify the approved design, plans, specifications, or
				construction methods, or act according to such modified documents, without
				first obtaining a revised permit from the Permit Board.
(3) Any person intending to acquire the right
				to store or use water from a reservoir formed by a dam, regardless of whether
				or not a permit is required under this regulation, shall submit an application
				for a surface water use permit to MDEQ in accordance with Mississippi Code
				Annotated, Sections
				51-3-5
				and
				51-3-7,
				and the regulations of the Commission promulgated
				thereunder.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Dam Safety Regulations › Rule 11-7-3.3 - Application Content and Procedure

Current through June 25, 2024
A. Any person or
				entity proposing to construct, enlarge, repair, or alter a dam or reservoir
				shall submit either an application or a pre-construction notification (if the
				provisions of Rule
3.2 B.
apply) to the Board, on
				forms prescribed by the Board, at least thirty (30) days prior to the
				anticipated commencement of construction. The submittal must have a United
				States Geologic Survey (USGS) topographic map, or portion thereof, attached to
				it showing the location of the proposed dam and reservoir including a clearly
				marked access route to the site and marked locations and general descriptions
				of all buildings, drainage structures or culverts, roads, railroads, bridges,
				and utility lines within two-miles downstream of the site of the proposed
				dam.
B. If the provisions of Rule
				3.2. B. do not apply, or if the dam is
				classified as high or significant hazard as defined by these regulations, the
				application package also must include a complete set of design documents
				prepared in accordance with the following requirements:
(1) Engineering drawings, specifications, and
				engineering reports shall be prepared, signed, and sealed by a professional
				engineer. Engineering reports shall include, but not be limited to, hydrologic
				calculations, hydraulic calculations, geotechnical investigation, and
				provisions for internal drainage to address through-seepage and under-seepage.
				Portions of the investigation at the site of the dam and within the catchment
				area including, but not limited to, characterization of geologic formations,
				assessment of groundwater conditions, and/or other geologic conditions,
				factors, and processes which may impact the design of the dam may be performed
				by a professional geologist.
(2)
				Drawings shall be prepared to a scale that provides sufficient detail for
				review of all project components.
(3) Specifications shall include detailed
				descriptions of all work to be performed and materials to be used in the
				construction, including plans for diversion during construction and quality
				assurance and quality control.
(4)
				A geotechnical report showing the foundation conditions and material properties
				at the location of the dam as well as the classification and material
				properties of all borrow material must be submitted for the construction of all
				new high and significant hazard dams.
(5) For high and significant hazard dams a
				proposed construction schedule detailing the critical stages including but not
				limited to construction of the cutoff trench, spillways, and filters must be
				submitted prior to the commencement of construction.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Dam Safety Regulations › Rule 11-7-3.4 - Permitting Requirements

Current through June 25, 2024
A. No materials
				shall be placed in a watercourse that will impede or block the natural flow of
				water without first obtaining a permit from the Permit Board and other
				appropriate federal, state, and local authorities. Additionally, any activity
				involving the discharge of dredged or fill material or any other construction
				in any state waters that are also subject to federal regulation under Section
				404 of the 1972 Clean Water Act and/or Section 10 of the Rivers and Harbors
				Appropriation Act of 1899 shall be conducted in accordance with appropriate
				provisions of those federal statutes.
B. A permit issued by the Permit Board does
				not convey any property rights in either real or personal property, or any
				exclusive privileges, nor does it authorize any injury to private property or
				any invasion of personal rights, nor any infringement of federal, State, or
				local laws or regulations. No impoundment may be constructed that will
				adversely affect riparian or other beneficial water uses or plans for the
				proper utilization of state waters, or that will cause flooding of upstream
				property unless the owner of the proposed dam has legally acquired the right to
				do so.
C. Any dam that impounds a
				watercourse with a continuous flow shall be designed so that the established
				minimum flow for the stream (as established by the Commission) is
				maintained.
D. The owner and/or any
				person responsible for the construction, enlargement, repair, or alteration of
				a dam on a watercourse lying, in whole or in part, within a levee district duly
				constituted under the laws of the State of Mississippi, shall first obtain
				permission for the work from the board of the levee district and shall provide
				proof of such permission with the application to the Board.
E. In addition to the general conditions
				contained herein, the Board may place special conditions on any authorization
				to construct or modify a dam.
F. A
				Surface Water Use Permit may also be required for any person to impound and
				store water behind a dam.
G. Within
				thirty (30) days after substantial completion of a high or significant hazard
				dam, the owner shall submit one complete set of as-built plans to the Board.
				The submittal also shall include a letter signed by the professional engineer
				responsible for the project, stating that the dam was constructed in accordance
				with the Board approved plans and specifications. For low hazard dams, the
				owner should submit a written notice of completion stating the dam was
				constructed in accordance with the approved application.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Dam Safety Regulations › Rule 11-7-3.7 - Confidential Information

Current through June 25, 2024
Procedures for declaring submitted information confidential
				  and for agency handling of such information are found in Miss. Code Ann.
				  Section
				  49-17-39,
				  Section
				  51-3-44,
				  and the Commission's Regulations Regarding the Review and Reproduction of
				  Public Records (Title 11, Part 1, Chapter 2).
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Dam Safety Regulations › Rule 11-7-3.8 - Compliance and Enforcement

Current through June 25, 2024
A. If MDEQ or the
				Commission determines that:
(1) A dam was
				constructed without obtaining required prior authorization from the Permit
				Board;
(2) A dam was not
				constructed in accordance with the plans and specifications upon which MDEQ
				based its authorization;
(3) The
				dam may not provide adequate safety for lives and property;
(4) The dam may adversely affect riparian or
				other beneficial water uses, or plans for the proper utilization of the water
				resources of the state; or
(5) The
				owner and/or operator of the dam has allowed the dam to deteriorate and remain
				in an unsafe condition after having been ordered to make the necessary repairs
				or modifications.
MDEQ or the Commission may:
(a) cause the dam to be removed or breached;
(b) require the owner and/or
				operator to take remedial action;
(c) revoke or modify any authorization
				pertaining thereto; or
(d) take
				other action the Commission deems appropriate, within its
				jurisdiction.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Dam Safety Regulations › Rule 11-7-3.9 - Correspondence and Adequacy of Notice

Current through June 25, 2024
A.
General
- All regulated dam owners shall inform MDEQ
				of any address changes, changes in ownership, or changes in the designated
				agent of the owner within fifteen (15) days of any such changes, and must
				readily accept all mail sent to them from the Commission, MDEQ, or the Permit
				Board.
B.
Registered or
				certified mail
- Registered or Certified Mail sent with proper
				postage and to the last address provided to MDEQ by the dam owner of record
				shall be considered adequate notification of notice served if MDEQ is notified
				that the mail was delivered and accepted or if the mail is returned as rejected
				or unclaimed by the addressee.
C.
Refusal to accept mail
- Refusal to accept mail from
				the Commission, the Permit Board, the Department, or its designee, shall be
				considered a violation of this regulation.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Dam Safety Regulations › Rule 11-7-3.10 - Hearings and Appeals

Current through June 25, 2024
Any person aggrieved by any initial action of the Permit
				  Board to issue, deny, transfer, modify or revoke a permit may request an
				  evidentiary hearing before the Permit Board regarding the decision. Procedures
				  for hearings and further appeals of Permit Board decisions are set forth in
				  Mississippi Code Annotated Section
				  49-17-29.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Dam Safety Regulations › Appendix 11-7-3-A - HYDROLOGIC DESIGN CRITERIA

Current through June 25, 2024
PMP (24 hour duration) for MS Counties
County
PMP
							 (in.)
County
PMP
							 (in.)
County
PMP
							 (in.)
Adams
46.1
Itawamba
41.3
Perry
47.0
Alcorn
40.2
Jackson
47.8
Pike
46.9
Amite
46.7
Jasper
45.3
Pontotoc
41.5
Attala
43.4
Jefferson
45.7
Prentiss
40.7
Benton
40.4
Jeff Davis
46.1
Quitman
41.4
Bolivar
42.1
Jones
46.1
Rankin
44.8
Calhoun
42.0
Kemper
44.0
Scott
44.6
Carroll
42.8
Lafayette
41.2
Sharkey
43.6
Chickasaw
42.1
Lamar
46.8
Simpson
45.5
Choctaw
43.0
Lauderdale
44.6
Smith
45.3
Claiborne
45.3
Lawrence
46.2
Stone
47.6
Clarke
45.3
Leake
44.0
Sunflower
42.4
Clay
42.5
Lee
41.3
Tallahatchie
41.9
Coahoma
41.4
Leflore
42.6
Tate
40.7
Copiah
45.5
Lincoln
46.2
Tippah
40.4
Covington
46.1
Lowndes
42.8
Tishomingo
40.4
DeSoto
40.4
Madison
44.2
Tunica
40.7
Forrest
47.0
Marion
46.8
Union
41.0
Franklin
46.2
Marshall
40.5
Walthall
46.9
George
47.5
Monroe
42.1
Warren
44.6
Greene
46.9
Montgomery
42.7
Washington
43.0
Grenada
42.3
Neshoba
44.0
Wayne
46.0
Hancock
48.3
Newton
44.6
Webster
42.5
Harrison
48.0
Noxubee
43.4
Wilkinson
46.7
Hinds
44.7
Oktibbeha
42.8
Winston
43.4
Holmes
43.3
Panola
41.2
Yalobusha
41.8
Humphreys
43.3
Pearl River
47.6
Yazoo
43.8
Issaquena
43.8
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Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 4 - Mississippi Commission on Environmental Quality Dam Safety Grant Program Regulations › Rule 11-7-4.1 - Definitions

Current through June 25, 2024
In accordance with the definitions provided in Section 19 of
				  H.B. 1730, passed and became law in Mississippi Regular Session of 2020, for
				  the purposes of this chapter, the following terms shall have the meanings
				  ascribed in this rule unless the context clearly indicates otherwise:
A. "Commission" means the Mississippi
				Commission on Environmental Quality.
B. "Department" or "MDEQ" means the
				Mississippi Department of Environmental Quality.
C. "High hazard dam" means a class of dam in
				which failure may cause loss of life, serious damage to residential,
				industrial, or commercial buildings; or damage to, or disruption of, important
				public utilities or transportation facilities such as major highways or
				railroads.
Section 19 of
				  H.B. 1730, passed and became law in Mississippi Regular Session of
				  2020
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 4 - Mississippi Commission on Environmental Quality Dam Safety Grant Program Regulations › Rule 11-7-4.2 - Mississippi Dam Safety Fund

Current through June 25, 2024
A. Section 19 of
				H.B. 1730, Mississippi Regular Session of 2020, created in the State Treasury a
				special fund to be designated as the "Mississippi Dam Safety Fund," which shall
				consist of funds made available by the Legislature in any manner and funds from
				any other source designated for deposit into such fund. Unexpended amounts
				remaining in the fund at the end of a fiscal year shall not lapse into the
				State General Fund, and any investment earnings or interest earned on amounts
				in the fund shall be deposited to the credit of the fund. Monies in the fund
				shall be used to make grants for the purposes provided hereafter.
B. Monies in the fund may be used to
				reimburse reasonable actual and necessary costs incurred by the department for
				the administration of the grant program. An accounting of actual costs incurred
				for which reimbursement is sought shall be maintained by the department.
				Reimbursement of reasonable actual and necessary costs shall not exceed three
				percent (3%) of the proceeds of bonds issued. Reimbursements shall satisfy any
				applicable federal tax law requirements.
Section 19 of
				  H.B. 1730, passed and became law in Mississippi Regular Session of
				  2020
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 4 - Mississippi Commission on Environmental Quality Dam Safety Grant Program Regulations › Rule 11-7-4.3 - Dam Safety Grant Program

Current through June 25, 2024
A. The department
				hereby establishes a grant program to make grants to owners of high hazard dams
				to provide funds to be used for the purposes of draining, repairing,
				rehabilitating, breaching, or removing high hazard dams in this state as
				necessary to protect downstream lives and property.
B. In cases where a high hazard dam has been
				determined by the MDEQ Dam Safety Division as having deficiencies preventing
				the dam from being in compliance with high hazard standards, the owner of the
				dam may apply for a grant with the Department. An application for a grant shall
				be submitted at such time, be in such form, and contain such information as the
				department prescribes.
C. If the
				department approves the application, it may provide a grant to the applicant. A
				permit application will also be required as provided in Miss. Code Ann. Section
				51-3-39
				for any alteration of a dam. The permit application must include detailed plans
				for review and approval by the department before commencement of any alteration
				of a dam, including those modified with funds provided by a grant. The
				department will employ a risk based system for ranking high hazard dams to
				establish priority for funding, as provided in the following rule.
Section 19 of
				  H.B. 1730, passed and became law in Mississippi Regular Session of
				  2020
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 4 - Mississippi Commission on Environmental Quality Dam Safety Grant Program Regulations › Rule 11-7-4.4 - Risk-based system for use in ranking high hazard dams to establish priority

Current through June 25, 2024
In its selection of projects to which award grants, subject
				  to available funds, MDEQ shall rank and prioritize applications for Dam Safety
				  Grants based on the potential to reduce risk to downstream lives and property
				  in the event that the dam were to fail. Additional studies and information
				  related to the condition of the dam will also be considered by MDEQ in ranking
				  and prioritizing applications for Dam Safety Grants.
Section 19 of
				  H.B. 1730, passed and became law in Mississippi Regular Session of
				  2020
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 4 - Mississippi Commission on Environmental Quality Dam Safety Grant Program Regulations › Rule 11-7-4.5 - Grant agreements

Current through June 25, 2024
A. Upon the
				department's approval of an application for a grant, the department shall enter
				into a project grant agreement with each grantee to establish the terms of the
				grant and the project, including the amount of the grant.
B. The grant funds shall be used by grantees
				to address deficiencies defined by the Dam Safety Division of the department
				and may not be used to perform routine operation or maintenance of a dam, to
				modify a dam to produce hydroelectric power, to increase water supply storage
				capacity, nor to make any other modification to a dam that does not also
				improve the safety of the dam.
C.
				Grant funds will be disbursed to the grantees of the Dam Safety Grant program
				as reimbursement of eligible program activities performed in accordance with
				the approved grant application. Requests for reimbursement shall be submitted
				timely and in such form, and contain such information, as the department
				prescribes.
D. Any assistance
				provided for a project shall be subject to a grantee cost-sharing requirement
				of not less than thirty-five percent (35%). The grantee share may be provided
				in the form of eligible in-kind contributions.
E. As part of a project grant agreement, a
				grantee must provide an assurance with respect to the dam to be rehabilitated
				under the project that the owner of the dam has developed and will commit to
				utilizing an Operation and Maintenance Plan for maintenance of the dam during
				the expected life of the dam. Dam owner grantees may be required to provide
				financial assurance to assure the continuing proper maintenance for the
				dam.
Section 19 of
				  H.B. 1730, passed and became law in Mississippi Regular Session of
				  2020
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 1 - General Procedural Rules › Rule 11-8-1.1.1 - Purpose and Scope of Regulations

Current through June 25, 2024
A. The purpose of
				  these Regulations is to provide an orderly and efficient system of procedure by
				  which the Mississippi Commission on Environmental Quality, through the
				  Mississippi Environmental Permit Board and the Mississippi Department of
				  Environmental Quality, shall administer the Mississippi Surface Mining and
				  Reclamation Act as set forth in Miss. Code Ann. §§
										53-7-1,
et seq.
The Legislature, recognizing its duty and obligation
				  to foster the economic well-being of the state and nation, to encourage the
				  development of its natural resources, and to preserve the beauty of its lands,
				  declares that the purpose of the Mississippi Surface Mining and Reclamation Act
				  is to:
(1) Provide for the regulation and
				  control of surface mining so as to minimize its injurious effects by requiring
				  proper reclamation of surface-mined lands;
(2) Establish a regulatory system of permits
				  and reclamation standards, supplemented by the knowledge, expertise and
				  concerns of mining operators, landowners and the general public which is
				  designed to achieve an acceptable, workable balance between the economic
				  necessities of developing our natural resources and the public interest in
				  protecting our birthright of natural beauty and a pristine environment;
				  and
(3) Establish a regulatory
				  system of uniform standards and procedures to govern the mining and reclamation
				  of land, accepting the proposition that varied types of mining, varied types of
				  materials being mined and varied geographical and ecological areas of this
				  state may require variations in methods of surface mining and reclamation, but
				  any variation shall be designed to restore the affected area to a useful,
				  productive, and beneficial purpose.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 1 - General Procedural Rules › Rule 11-8-1.1.3 - Awareness of the Act

Current through June 25, 2024
It shall be the duty and responsibility of all persons
					 affected by the Mississippi Surface Mining and Reclamation Act and these
					 Regulations to read and be cognizant of their content.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 1 - General Procedural Rules › Rule 11-8-1.1.4 - Computation of Time

Current through June 25, 2024
Time for any period prescribed or allowed by the Act and
					 these Regulations shall be computed according to law.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 1 - General Procedural Rules › Rule 11-8-1.1.5 - Inspection of Public Records

Current through June 25, 2024
Requests for public documents generated or obtained by the
					 Department under these Regulations or the Act shall be made pursuant to Title
					 11, Part 1, Chapter 2. Public records requests are managed by the Department's
					 Freedom of Information Administrator. As of the date of approval of these
					 Regulations, the Department's Freedom of Information Administrator may be
					 contacted at Post Office Box 2261, Jackson, Mississippi 39225, by fax at (601)
					 354-6356, or by e-mail at
					 freedomofinformationcontact@deq.state.ms.us.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 1 - General Procedural Rules › Rule 11-8-1.1.6 - Designation and Protection of Confidential Information

Current through June 25, 2024
A. 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:
(1) The applicant submits a written
				  confidentiality claim to the Commission before submission of the information;
				  and
(2) The Commission determines
				  the confidentiality claim to be valid.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 1 - General Procedural Rules › Rule 11-8-1.1.7 - Severability

Current through June 25, 2024
If any provision, section, subsection, sentence, clause or
					 phrase of any of these regulations, or the application of same to any person or
					 set of circumstances, is for any reason challenged or held to be invalid or
					 void, the validity of the remaining regulations and/or portions thereof or
					 their application to other persons or sets of circumstances shall not be
					 affected thereby.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.3 - General Permits

Current through June 25, 2024
A. The Permit Board
				  may issue general permits to cover those surface mining operations deemed
				  appropriate by the Permit Board. Conditions in any general permit shall provide
				  that no operation shall be conducted on lands designated as unsuitable for
				  mining and that each operator shall submit a proposed initial reclamation plan
				  and a performance bond in an amount sufficient to properly reclaim the permit
				  area. The Permit Board may include other conditions to ensure compliance with
				  these Regulations and the Act.
B.
				  Before commencing any operation for which coverage under a general permit may
				  be obtained, each applicant for coverage under a general permit shall submit to
				  the Department an application, in the form prescribed by the Department, and
				  containing the following:
(1) a copy of the
				  proposed initial reclamation plan;
(2) a performance bond in an amount proposed
				  by the applicant and approved by the Permit Board;
(3) an application fee in accordance with
				  Rule 1.5.1 of these Regulations;
(4) any other information deemed necessary by
				  the Department.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.4 - Notification of Exempt Operations

Current through June 25, 2024
A. Any person
				  wishing to conduct surface mining operations under the exempt status defined in
				  Rule 1.2.1 of these Regulations shall notify the Department. The notification
				  shall consist, at a minimum, of the following:
(1) the operator's name, address, and
				  telephone number;
(2) legal
				  description of the affected area;
(3) number of acres to be mined;
(4) number of acres not actually mined, but
				  involved with other aspects of the operation;
(5) date of commencement of the
				  operation;
(6) expected life of the
				  operation;
(7) a description of the
				  reclamation plan: and
(8) other
				  information as may be required by the Department.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.5 - Processing of Permit Applications

Current through June 25, 2024
A. Applications for
				  the issuance of any surface mining permit issued under this chapter shall be
				  filed with the Department. The Department shall:
(1) conduct an initial review of a completed
				  permit application within thirty (30) days following receipt of the complete
				  application.
(2) make a
				  recommendation to the Permit Board on the completed 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.
(3) 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
				  any confidential information according to Rule 1.1.6 of these
				  Regulations.
(4) 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, and any other state or
				  federal agency whose jurisdiction the Department believes the particular mining
				  operation may affect.
(b) any
				  person who requests in writing a copy of the application; and
(c) the owner of the land.
(5) require payment of a
				  reasonable fee established by the Department for reimbursement of the costs of
				  reproducing and providing the copy.
(6) The Department shall notify the applicant
				  if any part of the proposed operation lies within an area already designated as
				  unsuitable for surface mining or for which a petition to have lands designated
				  unsuitable for surface mining has been filed.
(7) The Department shall cause an initial
				  site inspection of the proposed affected area to be made within 30 days
				  following receipt of the completed application.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.6 - Review and Comment by the Public

Current through June 25, 2024
Persons reviewing a copy of a permit application or general
					 permit application may make comments, recommendations, or evaluations to the
					 Department. The deadline for such comments shall be the same as that for state
					 agencies.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.7 - Permit Approval and Denial

Current through June 25, 2024
A. The Permit
				  Board, consistent with the Act and these Regulations, may reissue, deny,
				  modify, revoke, cancel, rescind, suspend or transfer a permit for a surface
				  mining operation. The Director of the Office of Geology, as a member of the
				  Permit Board, shall abstain in any action taken by the Permit Board pursuant to
				  the Act or these Regulations.
B.
				  Any permit approved by the Permit Board is not transferable to any person
				  except after notice to and approval by the Permit Board.
C. The Permit Board shall issue a permit if
				  the Permit Board determines that the applicant and completed application comply
				  with the requirements of the Act and these Regulations.
D. The Permit Board may deny a permit if:
(1) The Permit Board finds that the
				  reclamation as required by this chapter cannot be accomplished by means of the
				  proposed reclamation plan;
(2) Any
				  part of the proposed operation lies within an area designated as unsuitable for
				  surface mining;
(3) The Permit
				  Board finds that the proposed mining operation will cause pollution of any
				  water of the state or of the ambient air of the state in violation of
				  applicable state and federal laws and regulations;
(4) The applicant has had any other surface
				  mining permit revoked, or any bond or deposit posted to comply with this
				  chapter forfeited, and the conditions causing the permit to be revoked or the
				  bond or deposit to be forfeited have not been corrected to the satisfaction of
				  the Permit Board;
(5) The Permit
				  Board determines that the proposed operation will endanger the health and
				  safety of the public or will create imminent environmental harm;
(6) The operation will likely adversely
				  affect any public highway or road unless the operation is intended to stabilize
				  or repair the public road or highway; or
(7) The applicant is unable to meet the
				  public liability insurance or performance bonding requirements of the Act and
				  these Regulations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.8 - Amendments

Current through June 25, 2024
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.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.9 - Certificate of Compliance

Current through June 25, 2024
Each operator who holds either a surface mining permit or a
					 general permit shall file an annual certificate of compliance with the
					 Department. The Department shall provide a form to the operator at least thirty
					 (30) days before the anniversary date of each permit. The operator shall
					 complete the form and declare under oath that he is following his approved
					 mining and reclamation plan and is abiding by the provisions of the Act and
					 these Regulations. The operator shall return the certificate of compliance
					 together with a fee of Fifty Dollars ($50.00) and the operator's annual report
					 to the Department within five (5) days after the anniversary date of the
					 period.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.10 - Operator Requirements

Current through June 25, 2024
A. Each operator
				  holding a permit shall establish and maintain records, including:
(1) fees and bonds and penalties paid to the
				  Department;
(2) all correspondence
				  with the Department and its authorized representatives;
(3) reports, in writing, from authorized
				  field inspectors;
(4) the results
				  of readings, taken on a specified periodic basis, from any monitoring equipment
				  installed pursuant to orders from the Commission or from the Permit
				  Board.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.11 - Permit Transfers, Revocations, Cancellations, Suspension, Rescissions and Reissuance

Current through June 25, 2024
A. The Permit Board
				  may transfer, modify, revoke, cancel, rescind, suspend, or reissue a permit.
				  Applications for the modification, transfer or reissuance of any surface mining
				  permit issued under the Act and these Regulations may be filed with the
				  Department on forms prescribed by the Department.
B. The Permit Board may cancel a permit at
				  the request of the operator, if the operator does not commence operations under
				  the permit by stripping, grubbing or mining any part of the permit
				  area.
C. The Permit Board may
				  rescind a permit, if because of a change in post-mining use of the land by the
				  landowner, the completion of the approved reclamation plan by the operator is
				  no longer feasible. If a permit is canceled or rescinded, the remaining portion
				  of the bond or deposit required under the Act and these Regulations shall be
				  returned to the operator.
D. Any
				  permit issued under the Act and these Regulations 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 the Act and these Regulations, the Permit Board shall not
				  reissue the permit.
E. Any permit
				  reissuance shall be for a term not to exceed the term of the original permit.
				  Application for permit reissuance shall be filed with the Permit Board at least
				  sixty (60) days before the expiration of the permit. If an application for
				  reissuance is timely filed, the operator may continue surface mining operations
				  under the existing permit until the Permit Board takes action on the reissuance
				  application.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 2 - Permitting Procedures › Rule 11-8-1.2.12 - Property Rights, All Rights

Current through June 25, 2024
A permit issued by the Permit Board does not convey any
					 property rights in either real or personal property, or any exclusive
					 privileges, nor does it authorize any injury to private property or any
					 invasion of personal rights, nor any infringement of federal, State, or local
					 laws or regulations.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 3 - Performance Bonds › Rule 11-8-1.3.1 - Purpose of the Bond

Current through June 25, 2024
The bond is a performance bond designed to insure that the
					 operator satisfactorily performs all of the requirements of the Act, these
					 Regulations, and the permit. The bond shall cover that area of land within the
					 permit area upon which the operator will initiate and conduct surface mining
					 and reclamation operations with the initial term of the
					 permit.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 3 - Performance Bonds › Rule 11-8-1.3.3 - Duration of Liability

Current through June 25, 2024
The operator is liable under the bond until such time as
					 the reclamation operations are completed to the satisfaction of the Permit
					 Board that all requirements of the Act, these Regulations, and the permit have
					 been met.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 4 - Lands Unsuitable for Mining › Rule 11-8-1.4.2 - Register of Lands Designated as Unsuitable for Surface Mining

Current through June 25, 2024
The Department shall maintain and have available for public
					 inspection in its office a register of all areas that have been designated as
					 unsuitable for all or certain types of surface mining operations. This register
					 shall include all areas for which petitions to have an area designated as
					 unsuitable for surface mining have been submitted. The register will be in such
					 a form that the locations of the lands may be readily identified; it will also
					 contain all necessary information explaining the reasons why the land was
					 designated as unsuitable for surface mining.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 4 - Lands Unsuitable for Mining › Rule 11-8-1.4.3 - Petition to Have Lands Designated as Unsuitable for Surface Mining

Current through June 25, 2024
A. 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 Miss. Code Ann. §
										49-17-33.
B. 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.
C. Any
				  person aggrieved by an action of the Commission under this section may appeal
				  as provided in Miss. Code Ann. §
										49-17-41.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 5 - Fees › Rule 11-8-1.5.1 - Fees

Current through June 25, 2024
A. Each application for a surface mining
				  permit, for a surface mining permit modification to add acreage, and for
				  coverage under a general permit shall be accompanied by an application fee in
				  the amount of One Hundred Dollars ($100.00) plus Ten Dollars ($10.00) per acre.
				  The maximum permit fee shall not exceed Five Hundred Dollars
				  ($500.00).
B. Each submission of
				  the annual certificate of compliance as required in Rule 1.2.9 of these
				  Regulations shall be accompanied by a fee in the amount of Fifty Dollars
				  ($50.00).
C. State agencies,
				  political subdivisions of the state, and local governing bodies shall be exempt
				  from all fees.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.