Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 4 - Mississippi Environmental Quality Permit Board Delegation of Permitting Authority Pursuant to Miss. Code Ann. Sections 49-17-28(3), 49-17-29(3)(A), 51-3-15(1) And 53-7-41(6) (Adopted October 22, 1996; Revised March 27, 2001; Revised December 14, 2004) › Rule 11-1-4.2 - Delegation and Reporting

Current through June 25, 2024
A. By the adoption
				of these regulations, the Permit Board, pursuant to Miss. Code Ann. §
									49-17-29
				and §
									51-3-15(1),
				delegates to the Executive Director the authority to make decisions on the
				issuance, reissuance, denial, modification, or revocation of Delegated Permits.
				Pursuant to Miss. Code Ann. §
									53-7-41(6),
				the Permit Board further delegates to the Executive Director the authority to
				make decisions on the issuance, reissuance, modification, recission or
				cancellation of Delegated Surface Mining Permits. Delegated Surface Mining
				Permits may be cancelled 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. Delegated Surface Mining Permits may be rescinded if,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.
B. As a further condition
				prescribed by the Permit Board of this delegation of authority to the Executive
				Director, the Permit Board directs the Executive Director to delegate the
				authority to issue, reissue, deny, modify, or revoke Delegated Permits and to
				delegate the authority to issue, reissue, modify, rescind or cancel Delegated
				Surface Mining Permits to senior staff personnel within the Department, in
				order that the delegation made in section II.A. of these regulations will not
				detract in a significant way from the Executive Director's performance of his
				or her other duties. Delegated Permits may be issued, reissued, denied,
				revoked, or modified and Delegated Surface Mining Permits may be issued,
				reissued, modified, rescinded or cancelled by the Executive Director, by the
				Head of the Office of the Department in which the permit action is taken, or by
				the Division Chief for the Division of the Department in which the permit
				action is taken. The Executive Director may, at his discretion, determine which
				of these Office Heads and Division Chiefs will be granted the authority to
				issue, deny, revoke or modify Delegated Permits and to issue, reissue, modify,
				rescind or cancel Delegated Surface Mining Permits. The Executive Director may,
				at his discretion, determine that any application for the issuance, reissuance,
				modification, denial or revocation of a Delegated Permit and any application
				for the issuance, reissuance, modification, rescission or cancellation of a
				Delegated Surface Mining Permit will be presented to and determined by the
				Permit Board rather than by the Executive Director or Department
				personnel.
C. The Executive
				Director, in person or through his delegate, shall report to the Permit Board
				at its next regularly-scheduled meeting each action taken by him or by
				Department personnel listed above to issue, reissue, deny, modify, or revoke a
				Delegated Permit and to issue, reissue, modify, rescind or cancel a Delegated
				Surface Mining Permit. The Permit Board then shall vote to note and to record
				on its minutes the report of the Executive Director or his delegate. In
				determining whether to note and to record on its minutes the report, the Permit
				Board shall consider only whether the report accurately lists and describes the
				actions taken by the Executive Director or his delegate(s). The Permit Board
				shall not review any action regarding a permit taken by the Executive Director
				or his delegate(s) unless and until a formal hearing on the permit action is
				convened pursuant to Miss. Code Ann. §
									49-17-29(4)(b).
D. If the Department or Permit Board is
				required by any statute or regulation to notify the public of the receipt of an
				application for a permit or of the Department's intent to issue, reissue, deny,
				modify, or revoke a Delegated Permit or to issue, reissue, modify, rescind or
				cancel a Delegated Surface Mining Permit or to conduct a public hearing prior
				to taking any permit action, no Delegated Permit or Delegated Surface Mining
				Permit shall be issued by the Executive Director or his delegate until the
				statutory or regulatory public notice, hearing, and comment periods and
				procedures are completed as required for that permit action.
Miss. Code Ann.
				  §§
										49-17-28(3),
				  49-17-29(3)(A),
				  51-3-15(1),
				  53-7-41(6),
				  49-2-1, et
				  seq., 49-17-1,et seq., 51-3-1, et seq., 53-7-1, et, seq., and 17-17-1, et
				  seq.