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 11-8-2.4-47 - Performance Bond Forfeiture Criteria and Procedures › Section 11-8-2.4-47-4703 - Procedures

Current through June 25, 2024
(a)
(1) If a
					 surface coal mining and reclamation operation is not proceeding in accordance
					 with the act or the permit, the operation represents an imminent threat to the
					 public health, welfare and the environment, and the operator has failed, within
					 thirty (30) days after written notice to the operator and opportunity for a
					 formal hearing, to take appropriate corrective action, a forfeiture proceeding
					 may be commenced by the Commission against the operator for any performance
					 bond or other collateral posted by the operator.
(2) A forfeiture proceeding against any
					 performance bond or other collateral shall be commenced and conducted according
					 to §§
												49-17-31
					 through
					 49-17-41.
(3) If the Commission orders forfeiture of
					 any performance bond or other collateral, the entire sum of the performance
					 bond or other collateral, the entire sum of the performance bond or other
					 collateral shall be forfeited by the Department. The funds from the forfeited
					 performance bond or other collateral shall be used to pay for reclamation of
					 the permit area and remediation of any offsite damages resulting from the
					 operation. Any surplus performance bond or other collateral funds shall be
					 refunded to the operator or corporate surety.
(4) Forfeiture proceedings shall be before
					 the Commission and an order of the Commission under this subsection shall be a
					 final order. If the Commission determines that forfeiture of the performance
					 bond or other collateral should be ordered, the Department shall have the
					 immediate right to all funds of any performance bond or other collateral,
					 subject only to review and appeals allowed under §
												49-17-41.
(5) If the operator cannot be located for
					 purposes of notice, the Department shall send notice of the forfeiture
					 proceeding, certified mail, return receipt requested, to the permittee's,
					 surety's, and operator's last known address. The Department shall also publish
					 notice of the forfeiture proceeding in the same manner as provided for the
					 publication of notice for the advertisement of land ownership under §
												53-9-37.
					 Any formal hearing on the bond forfeiture shall be set at least thirty (30)
					 days after the last notice publication.
(6) At least ten (10) days prior to
					 commencement of a forfeiture proceeding, the Department shall notify the
					 permittee and surety, if applicable, of the conditions under which forfeiture
					 may be avoided. Such conditions may include, but are not limited to:
(A) agreement by the permittee or another
					 party to an order of the Commission requiring that party to perform reclamation
					 operations in accordance with a compliance schedule which meets the conditions
					 of the permit, the reclamation plan and the regulatory program and to provide a
					 demonstration that such party has the ability to satisfy the conditions;
					 or
(B) the Commission may allow a
					 surety to complete the reclamation plan, or the portion of the reclamation plan
					 applicable to the bonded phase or increment, if the surety can demonstrate an
					 ability to complete the reclamation in accordance with the approved reclamation
					 plan. Except where the Permit Board may approve partial release authorized
					 under Rule 45, no surety liability shall be released until successful
					 completion of all reclamation under the terms of the permit, including the
					 applicable liability periods of § 4105;
(7) The Commission may proceed in an action
					 for collection on the bond as provided by §
												53-9-65(g)
					 for the collection of defaulted bonds or other debts.
(8) The Commission may use funds collected
					 from bond forfeiture to complete the reclamation plan, or portion thereof, on
					 the permit area or increment, to which bond coverage applies.