reglab/statecodes huggingface dataset:
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 11-8-1.5.2 - Surface Mine Worker Safety Training Fees

Current through June 25, 2024
A. Recipients
				  of Surface Mine Worker Safety Training given by the Department shall pay a fee.
				  The fee shall be set by order of the Commission, and shall not exceed the cost
				  of providing the training.
B. All
				  monies collected under this section shall be deposited into the Surface Mine
				  Worker Safety Training Program Operations Fund to be administered by the
				  Executive Director of MDEQ.
C. The
				  Commission delegates to the Department responsibility for the collection of
				  fees under this section.
D. Any
				  person required to pay a fee under this section who disagrees with the
				  calculation or applicability of the fee may petition the Commission for a
				  hearing in accordance with Miss. Code Ann. §§
										49-17-33 and
				  49-17-35.
E. Monies in the special fund shall be
				  utilized to pay reasonable direct and indirect costs associated with surface
				  mine worker safety training provided by the Department including, but not
				  limited to, matching funds for federal grants to meet federal grant
				  requirements to pay a proportional share of the total cost of the
				  training.
F. The special fund may
				  receive monies from any available public or private source including, but not
				  limited to, collection of fees, interest, grants, taxes, public and private
				  donations, judicial actions and appropriated funds.
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 7 - Reclamation › Rule 11-8-1.7.1 - Reclamation Plan

Current through June 25, 2024
A. A reclamation
				  plan shall be developed in a manner consistent with local, physical,
				  environmental and climatological conditions and current mining and reclamation
				  technology. A proposed initial reclamation plan submitted as part of a permit
				  application shall include the following information:
(1) The identification of the proposed
				  affected area, accompanied by a detailed topographic map on a scale required by
				  regulation showing:
(a) The proposed affected
				  area, the location of any stream or standing body of water into which the area
				  drains, the location of drainways and any planned siltation traps and other
				  impoundments, and the location of access roads to be prepared or used by the
				  operator in the mining operation;
(b) The location of any buildings,
				  cemeteries, public highways, railroad tracks, gas and oil wells, publicly owned
				  land, sanitary landfills, officially designated scenic areas, utility lines,
				  underground mines, transmission lines or pipelines within the affected area or
				  within five hundred (500) feet of the exterior limits of the affected
				  area;
(c) The approximate location
				  of the cuts or excavations to be made in the surface and the estimated location
				  and height of spoil banks, and the total number of acres involved in the
				  affected area;
(d) The date the map
				  was prepared and a statement of its accuracy by the person responsible for its
				  preparation.
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 7 - Reclamation › Rule 11-8-1.7.2 - Reclamation of Lieu Lands

Current through June 25, 2024
A. The Permit Board
				  may, in its discretion, authorize the reclamation of lands in lieu of the lands
				  included in the permit application. The acreage of the authorized lieu lands
				  reclaimed shall not be less than the acreage of the lands in the permit
				  application. Any applicant who proposes to reclaim lands in lieu of those lands
				  included in the permit application shall state that fact in the application or
				  subsequent or amended application and shall submit the reclamation plan
				  accordingly. The Permit Board shall not authorize the reclamation of lieu lands
				  unless the applicant submits with the reclamation plan a notarized statement of
				  each surface owner and lessee of all lands included in the permit application.
				  The statement shall contain the consent of each surface owner and lessee for
				  the reclamation of the proposed lieu lands.
B. If the Permit Board does not authorize the
				  reclamation of the lieu lands, the applicant shall submit a reclamation plan
				  for the lands contained in the permit 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 7 - Reclamation › Rule 11-8-1.7.4 - Concurrent Reclamation

Current through June 25, 2024
Each operator, except as authorized by the Permit Board,
					 shall perform reclamation work concurrently with the conduct of the mining
					 operation where practical. The fact that an operator will likely redisturb an
					 area shall be cause for the Permit Board to grant an exception from the
					 requirements of concurrent reclamation.
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 7 - Reclamation › Rule 11-8-1.7.5 - Right of the Operator and the Department to Complete Reclamation

Current through June 25, 2024
The operator and, in case of bond forfeiture, the
					 Department, shall have the continuing right to enter the affected area included
					 in the reclamation plan and to perform thereon the reclamation measures
					 required properly to complete the reclamation plan.
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 8 - Violations and Penalties › Rule 11-8-1.8.1 - Notification of Violations

Current through June 25, 2024
A. Each Department
				  field inspector, on detection of each violation of any requirement of the Act,
				  permit, or these Regulations, shall inform the operation supervisor orally at
				  the time of the inspection and subsequently in writing and shall report in
				  writing any such violation to the Commission.
B. Any operator found by the Department to be
				  in noncompliance with any of the filing, reporting, notification, mining, or
				  reclaiming provisions of the Act, the permit or these Regulations shall be
				  notified in writing by the Department.
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 8 - Violations and Penalties › Rule 11-8-1.8.3 - Cease and Desist Authority

Current through June 25, 2024
The Commission shall order the immediate cessation of any
					 ongoing surface mining operation being conducted with or without a permit or
					 coverage under a general permit if it finds that the operation endangers the
					 health or safety of the public or creates imminent and significant
					 environmental harm.
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 9 - Enforcement, Hearings, and Appeals › Rule 11-8-1.9.2 - Place and Nature of Hearings

Current through June 25, 2024
A. Unless otherwise
				  expressly provided in these Regulations or the Act, any interested party
				  aggrieved by any action of the Permit Board may request a formal hearing before
				  the Permit Board as provided in Miss. Code Ann. §
										49-17-29.
				  Any person aggrieved by any action of the Commission may request a formal
				  hearing before the Commission as provided in Miss. Code Ann. §
										49-17-41.
B. Any public hearing of the Permit Board
				  provided for under these Regulations or the Act shall be deemed to be the same
				  hearing as otherwise afforded to any interested party by the Permit Board under
				  Miss. Code Ann. §
										49-17-29.
				  Any formal hearing of the Permit Board shall be deemed to be the same hearing
				  as otherwise afforded to any interested party by the Permit Board under Miss.
				  Code Ann. §
										49-17-29.
C. Any public hearing of the Commission
				  provided for under these Regulations or the Act shall be deemed to be the same
				  hearing as afforded under Miss. Code Ann. §
										49-17-35. Any
				  formal hearing of the Commission provided for under these Regulations or the
				  Act shall be deemed to be the same hearing as afforded under Miss. Code Ann.
				  § 49-17- 41.
D.
(1) In conducting any formal hearing under
				  these Regulations or the Act, the Permit Board shall have the same authority to
				  subpoena witnesses, administer oaths, examine witnesses under oath and conduct
				  the hearing as provided in Miss. Code Ann. §
											49-17-29.
(2) In conducting any formal hearing under
				  these Regulations or the Act, the Commission shall have the same authority to
				  subpoena witnesses, administer oaths, examine witnesses under oath and conduct
				  the hearing as provided in Miss. Code Ann. §
											49-17-41.
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 9 - Enforcement, Hearings, and Appeals › Rule 11-8-1.9.3 - Appeals of Final Decisions

Current through June 25, 2024
Any person who participated as a party in a formal hearing
					 before the Permit Board may appeal from a final decision of the Permit Board as
					 provided in Miss. Code Ann. §
										49-17-29.
					 Any person who participated as a party in a formal hearing before the
					 Commission may appeal from a final decision of the Commission as provided in
					 Miss. Code Ann. §
										49-17-41.
Miss. Cod e 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 10 - Effective Date › Rule 11-8-1.10.1 - Effective Date

Current through June 25, 2024
These revisions to the Mississippi Surface Mining and
					 Reclamation Rules and Regulations were adopted by the Mississippi Commission on
					 Environmental Quality on December 10, 2009, and shall become effective on
					 February 3, 2010.
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 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.1 - General Information › Rule 11-8-2.1-1 - General › Section 11-8-2.1-1-101 - Authority

Current through June 25, 2024
The Department is authorized to administer the
						requirements of the act and regulations promulgated
						thereunder.
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 2.1 - General Information › Rule 11-8-2.1-1 - General › Section 11-8-2.1-1-103 - Responsibility

Current through June 25, 2024
(a) The Commission is designated as the body
					 to enforce the Act and these regulations including, but not limited to, the
					 issuance of penalty orders, promulgation of regulations, designation of lands
					 unsuitable for surface coal mining, and forfeiture of performance
					 bonds.
(b) The Permit Board is
					 designated as the body to issue, modify, revoke, transfer, suspend, and reissue
					 permits and to require, modify or release performance bonds.
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 2.1 - General Information › Rule 11-8-2.1-1 - General › Section 11-8-2.1-1-107 - Applicability

Current through June 25, 2024
(a) These regulations apply to all coal
					 exploration and surface coal mining and reclamation operations, except:
(1) the extraction of coal by a landowner for
					 his or her own noncommercial use from land owned or leased by the landowner.
					 Noncommercial use does not include the extraction of coal by one unit of an
					 integrated company or other business or nonprofit entity which uses the coal in
					 its own manufacturing or power plants;
(2) the extraction of coal as an incidental
					 part of federal, state or local government-financed highway or other
					 construction in accordance with Rule 7 of these regulations;
(3) the extraction of coal not in connection
					 with a surface coal mine and incidental to the extraction of other minerals
					 where coal does not exceed 16 
					 2/3 percent of the total tonnage of
					 coal and other minerals removed for purposes of commercial use or
					 sale;
(4) the extraction of coal on
					 Indian lands in accordance with 25 CFR 177, Subpart B;
(5) coal exploration on federal lands outside
					 a permit area;
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 2.1 - General Information › Rule 11-8-2.1-1 - General › Section 11-8-2.1-1-109 - Petitions to Initiate Rulemaking

Current through June 25, 2024
(a) Any person may
					 petition the Commission to initiate a proceeding for the issuance, amendment or
					 repeal of any regulation under the act. The petition shall be submitted to the
					 State Geologist.
(b) The petition
					 shall be a concise statement of facts, technical justification and the law
					 which require issuance, amendment or repeal of a regulation under the act and
					 shall indicate whether the petitioner desires a public hearing.
(c) Upon receipt of the petition, the
					 Commission shall determine if the petition sets forth facts, technical
					 justification or law which may provide a reasonable basis for issuance,
					 amendment or repeal of a regulation. Facts, technical justification or law
					 previously considered in a petition or rulemaking on the same issue shall not
					 provide a reasonable basis. If the Commission determines that the petition has
					 a reasonable basis, a notice shall be published seeking comments from the
					 public on the proposed change. The Commission may hold a public hearing, may
					 conduct an investigation or take other action to determine whether the petition
					 should be granted.
(d) Within 90
					 days from receipt of the petition, the Commission shall issue a written
					 decision either granting or denying the petition.
1. If the petition is granted, the Commission
					 shall initiate a rulemaking proceeding in accordance with Mississippi
					 law.
2. If the petition is denied,
					 the Commission shall notify the petitioner in writing, setting forth the
					 reasons for denial.
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 2.1 - General Information › Rule 11-8-2.1-1 - General › Section 11-8-2.1-1-111 - Notice of Citizen Suits

Current through June 25, 2024
(a) A person who
					 intends to initiate a civil action on his or her own behalf under §
											53-9-67
					 shall give notice of intent to do so, in accordance with this
					 Section.
(b) Notice shall be given
					 by certified mail to the Executive Director, chief legal counsel of the
					 Department, and the Attorney General in all cases. A copy of the notice shall
					 also be sent by first class mail to the regional director of the federal Office
					 of Surface Mining if the complaint involves or relates to surface coal mining
					 and reclamation operations in a specific region of the federal
					 office.
(c) Notice shall be given
					 by certified mail to the alleged violator, if the complaint alleges a violation
					 of the act or any regulation, order, or permit issued under the act.
(d) Service of notice under this Section is
					 complete upon receipt by the Executive Director, chief legal counsel, and the
					 Attorney General. Service is complete on the alleged violator by mailing to the
					 most recent address of the person being notified, as reflected in the records
					 of the Department.
(e) A person
					 giving notice regarding an alleged violation shall state, to the extent known:
1. sufficient information to identify the
					 provision of the act, regulation, order or permit allegedly violated;
2. the act or omission alleged to constitute
					 a violation;
3. the name, address
					 and telephone numbers of the person or persons responsible for the alleged
					 violation;
4. the date, time and
					 location of the alleged violation;
5. the name, address and telephone number of
					 the person giving notice; and
6.
					 the name, address and telephone number of legal counsel, if any, of the person
					 giving notice.
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 2.1 - General Information › Rule 11-8-2.1-1 - General › Section 11-8-2.1-1-113 - Availability of Records

Current through June 25, 2024
Records required by the act to be made available to the
						public by the Department, the Commission, or the Permit Board shall be retained
						at the Department.
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 2.1 - General Information › Rule 11-8-2.1-1 - General › Section 11-8-2.1-1-115 - Computation of Time

Current through June 25, 2024
(a) Except as
					 otherwise provided, computation of time under these regulations is based on
					 calendar days.
(b) In computing any
					 period of prescribed time, the day on which the designated period of time
					 begins is not included. The last day of the period is included unless it is a
					 Saturday, Sunday or legal holiday on which the Department is not open for
					 business, in which event the period runs until the end of the next day which is
					 not a Saturday, Sunday or legal holiday.
(c) Intermediate Saturdays, Sundays and legal
					 holidays are excluded from the computation when the period of prescribed time
					 is seven days or less.
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 2.1 - General Information › Rule 11-8-2.1-3 - Permanent Regulatory Program › Section 11-8-2.1-3-301 - Authority

Current through June 25, 2024
The Department is authorized to administer the
						requirements of the permanent regulatory program.
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 2.1 - General Information › Rule 11-8-2.1-4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 11-8-2.1-4-401 - Scope

Current through June 25, 2024
This Rule implements the exemption concerning the
						extraction of coal not in connection with a surface coal mine and incidental to
						the extraction of other minerals.
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 2.1 - General Information › Rule 11-8-2.1-4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 11-8-2.1-4-403 - Definitions

Current through June 25, 2024
As used in this Rule, the following terms have the
						meaning specified, except where otherwise indicated:
(a) Cumulative Measurement Period - the
					 period of time over which both cumulative production and cumulative revenue are
					 measured.
(1) For purposes of determining the
					 beginning of the cumulative measurement period, subject to approval by the
					 Department, the operator must select and consistently use one of the following:
(A) for mining areas where coal or other
					 minerals were extracted prior to August 3, 1977, the date extraction of coal or
					 other minerals commenced at that mining area or August 3, 1977, or
(B) for mining areas where extraction of coal
					 or other minerals commenced on or after August 3, 1977, the date extraction of
					 coal or other minerals commenced at that mining area, whichever is
					 earlier.
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 2.1 - General Information › Rule 11-8-2.1-4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 11-8-2.1-4-405 - Application Requirements and Procedures

Current through June 25, 2024
(a) Incidental
					 mining exemption and approval process.
(1)
					 Any person who plans to commence or continue coal extraction after the
					 effective date of these regulations in reliance on the incidental mining
					 exemption shall file a complete application for exemption with the Permit Board
					 for each mining area.
(2) Following
					 incorporation of an exemption application approval process into the regulatory
					 program, a person may not commence coal extraction based upon the exemption
					 until the Permit Board approves such application except as provided in §
					 405 (e) (3).
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 2.1 - General Information › Rule 11-8-2.1-4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 11-8-2.1-4-409 - Public Availability of Information

Current through June 25, 2024
(a) Except as
					 provided in § 409 (b), all information submitted to the Department or
					 Permit Board under this Rule shall be made immediately available for public
					 inspection and copying at the Department until at least three years after
					 expiration of the period during which the subject mining area is
					 active.
(b) Information submitted
					 to the Department under this Rule may be kept confidential, to the extent
					 allowed by §
											49-17-39
					 and any regulations promulgated thereunder, if the person submitting it
					 requests in writing, at the time of submission, that it be kept confidential
					 and the information concerns trade secrets or is privileged commercial or
					 financial information of the persons intending to conduct operations under this
					 Rule.
(c) Information requested to
					 be held as confidential under § 409(b) shall not be made publicly
					 available until after notice and opportunity to be heard is afforded persons
					 both seeking and opposing disclosure of the information.
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 2.1 - General Information › Rule 11-8-2.1-4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 11-8-2.1-4-411 - Requirements for Exemption

Current through June 25, 2024
(a) Activities are
					 exempt from the requirements of the act if all of the following are satisfied:
(1) The cumulative production of coal
					 extracted from the mining area determined annually as described in this Section
					 does not exceed 16 
					 2/3 percent of the total cumulative
					 production of coal and other minerals removed during such period for purposes
					 of bone fide sale or reasonable commercial use.
(2) Coal is produced from a geological
					 stratum lying above or immediately below the deepest stratum from which other
					 minerals are extracted for purposes of bona fide sale or reasonable commercial
					 use.
(3) The cumulative revenue
					 derived from the coal extracted from the mining area determined annually shall
					 not exceed 50 percent of the total cumulative revenue derived from the coal and
					 other minerals removed for purposes of bona fide sale or reasonable commercial
					 use. If the coal extracted or the minerals removed are used by the operator or
					 transferred to a related entity for use instead of being sold in a bona fide
					 sale, then the fair market value of the coal or other minerals shall be
					 calculated at the time of use or transfer and shall be considered rather than
					 revenue.
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 2.1 - General Information › Rule 11-8-2.1-4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 11-8-2.1-4-413 - Conditions of Exemption and Right of Inspection and Entry

Current through June 25, 2024
A person conducting activities covered by this Rule
						shall:
(a) maintain on-site or at other
					 locations available to authorized representatives of the Department and the
					 secretary of interior information necessary to verify the exemption including,
					 but not limited to, commercial use and sales information, extraction tonnages,
					 and a copy of the exemption application and exemption approved by the
					 Department;
(b) notify the
					 Department upon the completion of the mining operation or permanent cessation
					 of all coal extraction activities; and
(c) conduct operations in accordance with the
					 approved application or when authorized to extract coal under § 405(b) or
					 (e)(3) prior to submittal or approval of an exemption application, in
					 accordance with the standards of this Rule.
(d) Authorized representatives of the
					 Department and the secretary of interior shall have the right to conduct
					 inspections of operations claiming exemption under this Rule.
(e) Each authorized representative of the
					 Department and the secretary of interior conducting an inspection under this
					 Rule:
(1) shall have a right of entry to,
					 upon, and through any mining and reclamation operations without advance notice
					 or a search warrant, upon presentation of appropriate credentials;
(2) may, at reasonable times and without
					 delay have access to and copy any records relevant to the exemptions;
					 and
(3) shall have a right to
					 gather physical and photographic evidence to document conditions, practices or
					 violations at a site.
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 2.1 - General Information › Rule 11-8-2.1-4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 11-8-2.1-4-415 - Stockpiling of Minerals

Current through June 25, 2024
(a) Coal. Coal
					 extracted and stockpiled may be excluded from the calculation of cumulative
					 production until the time of its sale, transfer to a related entity or use:
(1) up to an amount equaling a 12-month
					 supply of the coal required for future sale, transfer or use as calculated
					 based upon the average annual sales, transfer and use from the mining area over
					 the two preceding years; or
(2) for
					 a mining area where coal has been extracted for a period of less than two
					 years, up to an amount that would represent a 12-month supply of the coal
					 required for future sales, transfer or use as calculated based on the average
					 amount of coal sold, transferred or used each month.
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 2.1 - General Information › Rule 11-8-2.1-4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 11-8-2.1-4-417 - Revocation and Enforcement

Current through June 25, 2024
(a) Regulatory
					 Authority Responsibility. The Department shall conduct an annual compliance
					 review of the mining area, utilizing the annual report submitted pursuant to
					 § 419, an on-site inspection and any other information available to the
					 Department.
(b) If the Department
					 has reason to believe that a specific mining area was not exempt under the
					 provisions of this Rule at the end of the previous reporting period, is not
					 exempt, or will be unable to satisfy the exemption criteria at the end of the
					 current reporting period, the Department shall notify the operator that the
					 exemption may be revoked and the reason(s) therefore. The exemption will be
					 revoked by the Permit Board unless the operator demonstrates to the Department
					 or Permit Board within 30 days that the mining area in question should continue
					 to be exempt.
(c)
(1) If the Permit Board finds that an
					 operator has not demonstrated that activities conducted in the mining area
					 qualify for the exemption, the Permit Board shall revoke the exemption and
					 immediately notify the operator and intervenors. If a decision is made not to
					 revoke an exemption, the Department shall immediately notify the operator and
					 intervenors.
(2) Any adversely
					 affected person may request administrative review of a decision whether to
					 revoke an exemption within 30 days of the notification of such decision in
					 accordance with procedures established under § 3301.
(3) A petition for administrative review
					 shall not suspend the effect of a decision whether to revoke an
					 exemption.
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 2.1 - General Information › Rule 11-8-2.1-4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 11-8-2.1-4-419 - Reporting Requirements

Current through June 25, 2024
(a) General.
(1) Following approval by the Permit Board of
					 an exemption for a mining area, the person receiving the exemption shall, for
					 each mining area, file a written report annually with the Department containing
					 the information specified in § 419(b).
(2) The report shall be filed no later than
					 30 days after the end of the 12-month period as determined in accordance with
					 the definition of cumulative measurement period in § 403.
(3) The information in the report shall
					 cover:
(A) annual production of coal and other
					 minerals and annual revenue derived from coal and other minerals during the
					 preceding 12-month period, and
(B)
					 the cumulative production of coal and other minerals and the cumulative revenue
					 derived from coal and other minerals.
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 2.1 - General Information › Rule 11-8-2.1-5 - Restriction of Financial Interests of Employees › Section 11-8-2.1-5-501 - Authority

Current through June 25, 2024
The Commission is authorized to establish, monitor, and
						enforce the regulations contained in this Rule.
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 2.1 - General Information › Rule 11-8-2.1-5 - Restriction of Financial Interests of Employees › Section 11-8-2.1-5-503 - Responsibility

Current through June 25, 2024
(a) The Department shall:
(1) provide advice, assistance and guidance
					 to all state employees required to file statements pursuant to §
					 507;
(2) promptly review the
					 statement of employment and financial interests and supplements, if any, filed
					 by each employee, to determine if the employee has correctly identified those
					 listed employment and financial interests which constitute a direct or indirect
					 financial interest in any surface coal mining operation or underground mining
					 operation;
(3) resolve prohibited
					 financial interest situations by ordering or initiating remedial action or by
					 reporting the violations to the director who is responsible for initiating
					 action to impose the penalties of the federal act;
(4) certify on each statement that review has
					 been made, that prohibited financial interests, if any, have been resolved and
					 that no other prohibited interests have been identified from the
					 statement;
(5) submit to the
					 Director such statistics and information as he or she may request to enable
					 preparation of the required annual report to Congress;
(6) submit to the Director the initial
					 listing and the subsequent annual listings of positions as required by
					 30 CFR 705.11(b), (c) and
					 (d);
(A)
					 furnish a blank statement 45 days in advance of the filing date established by
					 § 509(a) to each state employee required to file a statement;
					 and
(B) inform annually each state
					 employee required to file a statement with the Commission of the name, address
					 and telephone number of the person whom they may contact for advice and
					 counseling.
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 2.1 - General Information › Rule 11-8-2.1-5 - Restriction of Financial Interests of Employees › Section 11-8-2.1-5-505 - Penalties

Current through June 25, 2024
(a) Criminal penalties are imposed by Miss.
					 Code Ann. §
											53-9-19.
					 Section
					 53-9-19
					 prohibits each employee of the Department who performs any function or duty
					 under the act from having a direct or indirect financial interest in any
					 surface or underground coal mining operation. The act provides that whoever
					 knowingly violates the provisions of §
											53-9-19
					 shall, upon conviction, be punished by a fine of not more than $2,500 or by
					 imprisonment of not more than one year or both.
(b) Regulatory penalties are imposed by this
					 Rule. The provisions in §
											53-9-19
					 of the act make compliance with the financial interest requirements a condition
					 of employment for employees of the Department who perform any functions or
					 duties under the act. Accordingly, an employee who fails to file the required
					 statement will be considered in violation of the intended employment provisions
					 of §
											53-9-19
					 and will be subject to removal from his or her position.
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 2.1 - General Information › Rule 11-8-2.1-5 - Restriction of Financial Interests of Employees › Section 11-8-2.1-5-507 - Who Shall File

Current through June 25, 2024
(a) Any employee
					 who performs any function or duty under the act is required to file a statement
					 of employment and financial interests. Members of public bodies which may be
					 established in accordance with Mississippi laws or regulations to represent
					 multiple interests, who perform a function or duty under the Act, must file a
					 statement of employment and financial interests. An employee who occupies a
					 position which has been determined by the Department not to involve performance
					 of any function or duty under the act or who is no longer employed by the
					 Department at the time a filing is due is not required to file a
					 statement.
(b) The Department shall
					 prepare a list of those positions within the Department that do not involve
					 performance of any functions or duties under the act. Only those employees who
					 are employed in a listed organizational unit or who occupy a listed position
					 will be exempted from the filing requirements of §
											53-9-19
					 of the act.
(c) The Department
					 shall prepare and submit to the Director an initial listing of positions that
					 do not involve performance of any functions or duties under the act within 60
					 days of the effective date of these regulations.
(d) The Department shall annually review and
					 update this listing. For monitoring and reporting reasons, the listing must be
					 submitted to the Director and must contain a written justification for
					 inclusion of the provisions listed. Proposed revisions or a certification that
					 revision is not required shall be submitted to the director by no later than
					 September 30 of each year. The Department may revise the listing by the
					 addition or deletion of positions at any time it determines such revisions are
					 required to carry out the purpose of the law or the regulations of this Rule.
					 Additions to and deletions from the listing of positions are effective upon
					 notification to the incumbents of the positions added or deleted.
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 2.1 - General Information › Rule 11-8-2.1-5 - Restriction of Financial Interests of Employees › Section 11-8-2.1-5-509 - When to File

Current through June 25, 2024
(a) Employees and
					 members of public bodies performing functions or duties under the act shall
					 file within 120 days of the effective date of these regulations; and annually
					 on February 1 of each year, or at such other date as may be agreed to by the
					 director, provided that such alternative date will allow sufficient time to
					 obtain information needed by the director for his or her annual report to
					 Congress.
(b) New employees and new
					 members of public bodies representing multiple interests hired, appointed or
					 transferred to perform functions or duties under the act will be required to
					 file at the time of entrance to duty.
(c) New employees and new members of public
					 bodies representing multiple interests are not required to file an annual
					 statement on the subsequent annual filing date if this date occurs within two
					 months after their initial statement was filed. For example, an employee
					 entering duty on December 1, 1988, would file a statement on that date. Because
					 December 1 is within two months of February 1, the employee would not be
					 required to file his or her next statement until February 1, 1990.
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 2.1 - General Information › Rule 11-8-2.1-5 - Restriction of Financial Interests of Employees › Section 11-8-2.1-5-511 - Where to File

Current through June 25, 2024
The Executive Director of the Department shall file his
						or her statement with the Director. All other employees and members of public
						bodies representing multiple interests, as provided in § 507, shall file
						their statement with the Executive Director.
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 2.1 - General Information › Rule 11-8-2.1-5 - Restriction of Financial Interests of Employees › Section 11-8-2.1-5-513 - What to Report

Current through June 25, 2024
(a) Each employee
					 shall report all information required on the statement of employment and
					 financial interests of the employee, his or her spouse, minor children, or
					 other relatives who are full-time residents of the employee's home. The report
					 shall be on forms as provided by the Department. The statement consists of
					 three major parts: (1) a listing of all financial interests, including
					 employment, security, real property, creditor and other financial interests
					 held during the course of the preceding year; (2) a certification that none of
					 the listed financial interests represent a direct or indirect financial
					 interest in any surface coal mining operation or underground mining operation
					 except as specifically identified and described by the employee as part of the
					 certificate; and (3) a certification by the reviewer that the form was
					 reviewed, that prohibited interests have been resolved, and that no other
					 prohibited interests have been identified from the statement.
(b) Listing of All Financial Interests. The
					 statement will set forth the following information regarding any financial
					 interest:
(1) Employment. Any continuing
					 financial interests in business entities and nonprofit organizations through a
					 pension or retirement plan, shared income, salary or other income arrangement
					 as a result of prior or current employment. The employee, his or her spouse or
					 other resident relative is not required to report a retirement plan from which
					 he or she will receive a guaranteed income. A guaranteed income is one which is
					 unlikely to be changed as a result of actions taken by the
					 Department.
(2) Securities. Any
					 financial interest in business entities and nonprofit organizations through
					 ownership of stock, stock options, bonds, securities or other arrangements
					 including trusts. An employee is not required to report holdings in widely
					 diversified mutual funds, investments clubs or regulated investment companies
					 not specializing in surface or underground coal mining operations.
(3) Real Property. Ownership, lease, royalty
					 or other interests or rights in land or minerals. Employees are not required to
					 report lands developed and occupied for a personal residence.
(4) Creditors. Debts owed to business
					 entities and nonprofit organizations. Employees are not required to report
					 debts owed to financial institutions (banks, savings and loan associations,
					 credit unions and the like) which are chartered to provide commercial or
					 personal credit. Also excluded are charge accounts and similar short term debts
					 for current and ordinary household and living expenses.
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 2.1 - General Information › Rule 11-8-2.1-5 - Restriction of Financial Interests of Employees › Section 11-8-2.1-5-515 - Gifts and Gratuities

Current through June 25, 2024
(a) Except as
					 provided in § 515(b), employees shall not solicit nor accept, directly or
					 indirectly, any gift, gratuity, favor, entertainment, loan or any other thing
					 of monetary value from a coal company which:
(1) conducts or is seeking to conduct
					 operations or activities that are regulated by the Department: or
(2) has interests that may be substantially
					 affected by the performance or non- performance of the employee's official
					 duty.
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 2.1 - General Information › Rule 11-8-2.1-5 - Restriction of Financial Interests of Employees › Section 11-8-2.1-5-517 - Resolving Prohibited Interests

Current through June 25, 2024
(a) Actions to be
					 taken by the Executive Director:
(1) Remedial
					 Action to Effect Resolution. If an employee has a prohibited financial
					 interest, the Executive Director shall promptly advise the employee that
					 remedial action which will resolve the prohibited interest is required within
					 90 days.
(2) Remedial action may
					 include: reassignment of the employee to a position which performs no function
					 or duty under the act; divestiture of the prohibited financial interest; other
					 appropriate action which either eliminates the prohibited interest or
					 eliminates the situation which creates the conflict.
(3) Reports of Noncompliance. If, 90 days
					 after an employee is notified to take remedial action, that employee is not in
					 compliance with the requirements of the act and these regulations, the
					 Executive Director of the Department shall notify the Director of his
					 determination and shall provide a report to the Director, including the
					 original or a certified true copy of the employee's statement and any other
					 pertinent information.