Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-65 - Enforcement › Section 11-8-2.5-65-6505 - Suspension or Revocation of Permits

Current through June 25, 2024
(a)
(1) When, on the basis of an inspection, the
					 executive director has reason to believe that a pattern of violations of this
					 Rule, any regulation promulgated under this Rule or any condition of a permit
					 exists or has existed, and if the executive director also finds that the
					 violations are caused by the unwarranted failure of the permittee to comply
					 with this Rule, any regulation promulgated under this Rule or any condition of
					 a permit, or that the violations are willfully caused by the permittee, the
					 executive director shall issue an order to the permittee to show cause as to
					 why the permit should not be suspended or revoked by the permit board. If the
					 permittee files a written response to the show cause order and requests an
					 informal conference, the Executive Director or his designee shall conduct an
					 informal conference in an open meeting at the mine site or at a nearby
					 convenient location. The Executive Director shall give thirty (30) days written
					 notice of the date, time and place of the informal conference to the permittee
					 and to any interested party who has notified the Executive Director that he or
					 she wishes to present information at the informal conference. Upon issuance of
					 the notice, the Executive Director shall publish it in a newspaper of general
					 circulation in the area of the surface coal mining and reclamation operations,
					 and shall post it at the State or field office closest to those operations.
					 Upon the permittee's failure to show cause to the satisfaction of the executive
					 director or the executive director's authorized representative as to why the
					 permit should not be suspended or revoked, the executive director or the
					 executive director's authorized representative shall present this information
					 to the permit board and request that the permit board suspend or revoke the
					 permit. The permit board shall decide the executive director's request under
					 the procedures of Section
					 49-17-29(4)
					 and (5). Any request by an interested party
					 for a formal hearing regarding the permit board's initial decision on
					 suspension or revocation of the permit or any appeal of the final decision
					 following the formal hearing by any person who participated as a party in the
					 formal hearing may be taken as provided under Section
					 49-17-29(4)
					 and (5).
(2) The Executive Director or Permit Board
					 may determine that a pattern of violations exists or has existed, based on two
					 or more inspections of the permit area within any 12-month period, after
					 considering the circumstances, including:
(A)
					 the number of violations, cited on more than one occasion, of the same or
					 related requirements of the Act, these regulations or the permit;
(B) the number of violations, cited on more
					 than one occasion, of different requirements of the Act, these regulations or
					 the permit; and
(C) the extent to
					 which the violations were isolated departures from lawful conduct.
(3) The Executive Director shall
					 promptly review the history of violations of any permittee who has been cited
					 for violations of the same or related requirements of the act, these
					 regulations, or the permit during three or more inspections of the permit area
					 within any 12-month period. If, after such review, the Executive Director
					 determines that a pattern of violations exists or has existed, he shall issue
					 an order to show cause as provided in § 6505(a)(1).