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 2.4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Rule 11-8-2.4-41 - Amount and Duration of Performance Bond › Section 11-8-2.4-41-4105 - Period of Liability

Current through June 25, 2024
(a) Liability under
					 performance bond(s) applicable to a permit shall continue until all
					 reclamation, restoration and abatement work required of persons who conduct
					 surface coal mining and reclamation operations under requirements of the act,
					 these regulations, the regulatory program and the provisions of the permit has
					 been completed, and the permit terminated by release of the permittee from any
					 further liability in accordance with Rule 45.
(b) In addition to the period necessary to
					 achieve compliance with all requirements of the act, these regulations, the
					 regulatory program and the permit, including the standards for the success of
					 revegetation as required by § 53103, the period of liability under
					 performance bond shall continue for a minimum period beginning with the last
					 year of augmented seeding, fertilizing, irrigation or other work. The minimum
					 period of liability shall continue for not less than five full years. The
					 period of liability shall begin again whenever augmented seeding, fertilizing,
					 irrigation or other work is required or conducted on the site prior to bond
					 release.
(c) If the Permit Board
					 approves a long-term intensive agricultural post-mining land use, in accordance
					 with § 53109, the applicable five-year period of liability shall commence
					 at the date of initial planting for such long-term intensive agricultural land
					 use.
(d) With the approval of the
					 Permit Board, a bond may be posted and approved to guarantee specific phases of
					 reclamation within the permit area provided the sum of phase bonds posted
					 equals or exceeds the total amount required under §§ 4103 and 4107.
					 The scope of work to be guaranteed and the liability assumed under each phase
					 bond shall be specified in detail.
(e) Isolated and clearly defined portions of
					 the permit area requiring extended liability may be separated from the original
					 area and bonded separately with the approval of the Permit Board. Such areas
					 shall be limited in extent and not constitute a scattered, intermittent, or
					 checkerboard pattern of failure. Access to the separated areas for remedial
					 work may be included in the area under extended liability if deemed necessary
					 by the Department.
(f) The bond
					 liability of the permittee shall include only those actions which he or she is
					 obligated to take under the permit, including completion of the reclamation
					 plan, so that the land will be capable of supporting the postmining land use
					 approved under § 53109.
(g)
					 Implementation of an alternative postmining land use approved under §
					 53109(c) which is beyond the control of the permittee need not be covered by
					 the bond. Bond liability for prime farmland shall be as specified in §
					 4503(b).