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 6 - Inspections › Rule 11-8-1.6.1 - Inspections

Current through June 25, 2024
A. Authorized representatives of the
				  Department, on presentation of appropriate credentials, may enter and inspect
				  any operation or any premises in which records required to be maintained under
				  these Regulations are located and may at reasonable times, and without delay,
				  have access to and copy any records and inspect any monitoring equipment or
				  method of operation required by these Regulations, the Act, or a
				  permit.
B. Inspections of
				  operations, with or without a permit, by the Department, shall occur at a
				  frequency necessary to insure compliance with the Act and these Regulations and
				  the terms and conditions of any permit. Inspections shall occur only during
				  normal operating hours if practical, may occur without prior notice to the
				  permittee or the agents or employees of the permittee, and shall include the
				  filing of an inspection report. The Department shall make those reports part of
				  the record and shall provide one (1) copy of the report to the operator. The
				  Department shall, as practical, establish a system of rotation of field
				  inspectors.
C. Each field
				  inspector, on detection of each violation of the Act, these Regulations, or the
				  permit for the operation, shall inform the operator or the operator's agent
				  orally at the time of the inspection and subsequently in writing and shall
				  report any violation in writing to the Commission.
D. Any representative of the local Soil and
				  Water Conservation District, upon presentation of appropriate credentials may
				  enter and inspect the operation for the purpose of making recommendations
				  regarding reclamation activities. The representative shall make any
				  recommendations on the progress of reclamation activities in writing to the
				  Department on behalf of the Permit Board.
E. The Department shall conduct an initial
				  review of a completed permit application within thirty (30) days following
				  receipt of the completed application. The Department shall make a
				  recommendation to the Permit Board on the 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.
F. An on-site
				  inspection of the proposed affected area shall be made by the Department within
				  the thirty-day time period specified in Rule 1.6.1.E of these Regulations, and
				  before a permit is issued.
G. After
				  receipt of the application for bond release, the Department shall conduct an
				  inspection and evaluation of the reclamation work involved. The evaluation
				  shall consider, among other things, the occurrence of pollution of surface and
				  subsurface water, the probability of continuance or future occurrence of
				  pollution, and the estimated cost of abating the pollution. Results of the
				  evaluation and findings of the Department, and the local Soil and Water
				  Commissioners if such evaluations and findings are so made, shall be provided
				  within thirty (30) days after the inspection to the operator and other
				  interested parties, making written request for the evaluation and
				  findings.
Miss. Code Ann.
					 §§
											53-7-1, et
					 seq., 49-2-1, et seq., and 49-17-1, et seq.