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 11-8-1.8.2 - Violations and Penalties

Current through June 25, 2024
A. Any person who
				  violates, or fails or refuses to comply with any rule or regulation or written
				  order of the Commission or any condition of a permit or coverage under a
				  general permit may be subject to a civil penalty to be assessed and levied by
				  the Commission after notice and opportunity for a formal hearing. In addition
				  to assessing civil penalties, the Commission may submit a written statement to
				  the Permit Board recommending that the Permit Board revoke the permit for any
				  operation which is subject to the maximum penalty of Twenty-five Thousand
				  Dollars ($25,000.00). Appeals of any action or decision of the Commission may
				  be taken as provided in Miss. Code Ann. §
										49-17-41.
B. Any civil penalty assessed against a
				  permitted, covered or exempt operation and levied by the Commission shall not
				  exceed Five Hundred Dollars ($500.00) for the first violation; for subsequent
				  violations committed within three (3) years of the first violation the maximum
				  penalties are: Two Thousand Five Hundred Dollars ($2,500.00) for the second
				  violation, Five Thousand Dollars ($5,000.00) for the third violation and
				  Twenty-five Thousand Dollars ($25,000.00) for the fourth and subsequent
				  violations by the same operator. Multiple violations at a site during one (1)
				  day shall not be cumulative. A separate penalty shall not be assessed for each
				  violation and only one (1) penalty may be assessed for all violations occurring
				  at a site during one (1) day. Each day of a continuing violation shall be a
				  separate violation until corrective action is taken or the operator after
				  notice of the violation is diligently pursuing efforts to achieve compliance in
				  a timely manner. In assessing a penalty under this subsection, the Commission
				  shall not consider offenses occurring before July 1, 2002. In addition to a
				  civil penalty, the Commission may order an operator of a permitted, covered or
				  exempt operation to reclaim the affected area.
C. Any civil penalty assessed against an
				  operator for mining without a permit and levied by the Commission shall not
				  exceed Five Thousand Dollars ($5,000.00) for the first violation, Ten Thousand
				  Dollars ($10,000.00) for the second violation and Twenty-five Thousand Dollars
				  ($25,000.00) for the third and subsequent violations by an operator. In
				  assessing a penalty under this subsection, the Commission shall not consider
				  violations occurring before July 1, 2002.
D. In determining the amount of penalty, the
				  Commission shall consider at a minimum:
(1)
				  The willfulness of the violation;
(2) Any damage to air, water, land or other
				  natural resources of the state or their uses;
(3) Costs of restoration and
				  abatement;
(4) Economic benefit as
				  a result of noncompliance;
(5) The
				  seriousness of the violation, including any harm to the environment and any
				  hazard to the health, safety and welfare of the public; and
(6) Past performance history.