reglab/statecodes huggingface dataset:
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5317 - Hydrologic Balance: Diversions

Current through June 25, 2024
(a) General
					 Requirements
(1) With the approval of the
					 Permit Board, any flow from mined areas abandoned before May 3, 1978, and any
					 flow from undisturbed areas or reclaimed areas, after meeting the criteria of
					 § 5321 for siltation structure removal, may be diverted from disturbed
					 areas by means of temporary or permanent diversions. All diversions shall be
					 designed to minimize adverse impacts to the hydrologic balance within the
					 permit and adjacent areas, to prevent material damage outside the permit area
					 and to assure the safety of the public. Diversions shall not be used to divert
					 water into underground mines without approval of the Permit Board under §
					 5339.
(2) The diversion and its
					 appurtenant structures shall be designed, located, constructed, maintained and
					 used to:
(A) be stable;
(B) provide protection against flooding and
					 resultant damage to life and property;
(C) prevent, to the extent possible using the
					 best technology currently available, additional contributions of suspended
					 solids to streamflow outside the permit area; and
(D) comply with all applicable local, state
					 and federal laws and regulations.
(3) Temporary diversions shall be removed
					 promptly when no longer needed to achieve the purpose for which they were
					 authorized. The land disturbed by the removal process shall be restored in
					 accordance with this Rule. Before diversions are removed, downstream
					 water-treatment facilities previously protected by the diversion shall be
					 modified or removed, as necessary, to prevent overtopping or failure of the
					 facilities. This requirement shall not relieve the operator from maintaining
					 water-treatment facilities as otherwise required. A permanent diversion or a
					 stream channel reclaimed after the removal of a temporary diversion shall be
					 designed and constructed so as to restore or approximate the premining
					 characteristics of the original stream channel including the natural riparian
					 vegetation to promote the recovery and the enhancement of the aquatic
					 habitat.
(4) The Department may
					 specify design criteria for diversions to meet the requirements of this
					 Section.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5319 - Hydrologic Balance: Sediment Control Measures

Current through June 25, 2024
(a)
					 Appropriate sediment control measures shall be designed, constructed and
					 maintained using the best technology currently available to:
(1) prevent, to the extent possible,
					 additional contributions of sediment to streamflow or to runoff outside the
					 permit area;
(2) meet the more
					 stringent of applicable state or federal effluent limitations;
(3) minimize erosion to the extent
					 possible.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5321 - Hydrologic Balance: Siltation Structures

Current through June 25, 2024
(a)
					 Definitions. For the purposes of this Section only:
Disturbed Areashall not include those areas:
(1) in which the only surface mining
					 activities include diversion ditches, siltation structures or roads that are
					 designed, constructed and maintained in accordance with this Rule;
					 and
(2) for which the upstream area
					 is not otherwise disturbed by the operator.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5323 - Hydrologic Balance: Discharge Structures

Current through June 25, 2024
Discharge from sedimentation ponds, permanent and
						temporary impoundments, coal processing waste dams and embankments, and
						diversions shall be controlled by energy dissipaters, riprap channels and other
						devices, where necessary, to reduce erosion, to prevent deepening or
						enlargement of stream channels and to minimize disturbance of the hydrologic
						balance. Discharge structures shall be designed according to standard
						engineering-design procedures.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5325 - Hydrologic Balance: Acid-Forming and Toxic-Forming Materials

Current through June 25, 2024
Drainage from acid-forming and toxic-forming materials
						into ground water and surface water shall be avoided by:
(a) identifying, burying and treating, where
					 necessary, materials which, in the judgment of the Department, may be
					 detrimental to vegetation or to public health and safety or may adversely
					 affect water quality if not treated or buried;
(b) preventing water from coming into contact
					 with acid-forming and toxic-forming materials in accordance with §
											53-9-45
					 and § 5391(f), and other measures as required by the Department;
(c) burying or otherwise treating all
					 acid-forming or toxic-forming materials within 30 days after it is first
					 exposed on the mine site, or within a lesser period required by the Department.
					 Temporary storage of the materials may be approved by the Department upon a
					 finding that burial or treatment within 30 days is not feasible and will not
					 result in any material risk or water pollution or other environmental damage.
					 Storage shall be limited to the period until burial or treatment first becomes
					 feasible. Acid-forming or toxic-forming materials to be stored shall be placed
					 on impermeable material and protected from erosion and contact with surface
					 water.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5329 - Hydrologic Balance: Groundwater Protection

Current through June 25, 2024
In order to protect the hydrologic balance, surface
						mining activities shall be conducted according to the plan approved under
						§ 2717 and the following:
(a)
					 Groundwater quality shall be protected by handling earth materials and runoff
					 in a manner that minimizes acidic, toxic, or other harmful infiltration to
					 ground-water systems and by managing excavations and other disturbances to
					 prevent or control the discharge of pollutants into the ground-water.
(b) Groundwater quantity shall be protected
					 by handling earth materials and runoff in a manner that will restore the
					 approximate premining recharge capacity of the reclaimed area as a whole,
					 excluding coal mine waste disposal areas and fills, so as to allow the movement
					 of water to the ground-water system.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5331 - Hydrologic Balance: Surface-Water Protection

Current through June 25, 2024
In order to protect the hydrologic balance, surface
						mining activities shall be conducted according to the plan approved under
						§ 2717 and the following:
(a)
					 Surface-water quality shall be protected by handling earth materials,
					 ground-water discharges, and runoff in a manner that minimizes the formation of
					 acidic or toxic drainage; prevents, to the extent possible using the best
					 technology currently available, additional contribution of suspended solids to
					 streamflow outside the permit area; and otherwise prevents water pollution. If
					 drainage control, restabilization and revegetation of disturbed areas,
					 diversion of runoff, mulching, or other reclamation and remedial practices are
					 not adequate to meet the requirements of this Section and § 5315, the
					 operator shall use and maintain the necessary water-treatment facilities or
					 water quality controls.
(b)
					 Surface-water quality and flow rates shall be protected by handling earth
					 materials and runoff in accordance with the steps outlined in the plan approved
					 under § 2717.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5333 - Hydrologic Balance: Surface- and Ground-Water Monitoring

Current through June 25, 2024
(a) Ground-Water Monitoring
(1) Groundwater monitoring shall be conducted
					 according to the ground-water monitoring plan approved under § 2719. The
					 Permit Board may require additional monitoring when necessary.
(2) Groundwater monitoring data shall be
					 submitted every 3 months to the Department or more frequently as prescribed by
					 the Permit Board. Monitoring reports shall include analytical results from each
					 sample taken during the reporting period. When the analysis of any ground-water
					 sample indicates noncompliance with the permit conditions, the operator
					 provided for in §§ 2717 and 3125.
(3) Groundwater monitoring shall proceed
					 through mining and continue during reclamation until bond release. The Permit
					 Board may revise or modify the monitoring requirements, including the
					 parameters covered and the sampling frequency, if the operator demonstrates,
					 using the monitoring data obtained under this Paragraph, that:
(A) the operator has minimized disturbance to
					 the hydrologic balance in the permit and adjacent areas and prevented material
					 damage to the hydrologic balance outside the permit area; water quantity and
					 quality are suitable to support approved post-mining land uses; and the water
					 rights of other users have been protected or replaced; or
(B) monitoring is no longer necessary to
					 achieve the purposes set forth in the monitoring plan approved under §
					 2719.
(4) Equipment,
					 structures and other devices used in conjunction with monitoring the quality
					 and quantity of ground water onsite and offsite shall be properly installed,
					 maintained and operated and shall be removed by the operator when no longer
					 needed.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5335 - Hydrologic Balance: Transfer of Wells

Current through June 25, 2024
(a) An exploratory
					 or monitoring well may only be transferred by the person who conducts surface
					 mining activities for further use as a water well with the prior approval of
					 the Permit Board. That person and the surface owner of the lands where the well
					 is located shall jointly submit a written request to the Office of Land and
					 Water Resources of the Department for processing and presentation to the Permit
					 Board.
(b) Upon an approved
					 transfer of a well, the transferee shall:
(1)
					 assume primary liability for damages to persons or property from the
					 well;
(2) plug the well when
					 necessary, but in no case later than abandonment of the well; and
(3) assume primary responsibility for
					 compliance with §§ 5303-5307 with respect to the well.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5337 - Hydrologic Balance: Water Rights and Replacement

Current through June 25, 2024
Any person who conducts surface mining activities shall
						replace the water supply of an owner of interest in real property who obtains
						all or part of his or her supply of water for domestic, agricultural,
						industrial or other legitimate use from an underground or surface source, where
						the water supply has been affected by contamination, diminution or interruption
						proximately resulting from the surface mining activities. Baseline hydrologic
						information required in Rule 25 shall be used to determine the extent of the
						impact of mining upon ground water and surface water.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5339 - Hydrologic Balance: Discharges into an Underground Mine

Current through June 25, 2024
(a) Discharges into an underground mine.
(1) Discharges into an underground mine are
					 prohibited, unless specifically approved by the Permit Board after a
					 demonstration that the discharge will:
(A)
					 Minimize disturbance to the hydrologic balance on the permit area, prevent
					 material damage outside the permit area and otherwise eliminate public hazards
					 resulting from surface mining activities;
(B) Not result in a violation of applicable
					 water quality standards or effluent limitations;
(C) Be at a known rate and quality which
					 shall meet the effluent limitations of § 5315 for pH and total suspended
					 solids, except that the pH and total suspended-solids limitations may be
					 exceeded, if approved by the Permit Board; and
(D) Meet with the approval of the Mine Safety
					 and Health Administration.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5341 - Hydrologic Balance: Post-mining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments and Treatment Facilities

Current through June 25, 2024
Before abandoning a permit area or seeking bond release,
						the operator shall ensure that all temporary structures are removed and
						reclaimed, and that all permanent sedimentation ponds, diversions, impoundments
						and treatment facilities meet the requirements of this Rule for permanent
						structures and impoundments. The operator shall renovate such structures if
						necessary to meet the requirements of this Rule and to conform to the approved
						reclamation plan.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5343 - Hydrologic Balance: Stream Buffer Zones

Current through June 25, 2024
(a) No land
					 within 150 feet of a perennial stream or 100 feet of an intermittent stream
					 shall be disturbed by surface mining activities, unless the Permit Board
					 specifically authorizes surface mining activities closer to, or through, such a
					 stream. The Permit Board may authorize such activities only upon finding:
(1) surface mining activities will not cause
					 or contribute to the violation of applicable state or federal water quality
					 standards, and will not adversely affect the water quantity and quality or
					 other environmental resources of the stream; or
(2) if there will be a temporary or permanent
					 stream-channel diversion, it will comply with § 5317.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5345 - Coal Recovery

Current through June 25, 2024
Surface mining activities shall be conducted so as to
						maximize the utilization and conservation of the coal, while utilizing the best
						appropriate technology currently available to maintain environmental integrity,
						so that reaffecting the land in the future through surface coal mining
						operations is minimized.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5347 - Use of Explosives: General Requirements

Current through June 25, 2024
(a)
					 Each operator shall comply with all applicable state and federal laws and
					 regulations in the use of explosives.
(b) Blasts that use more than five pounds of
					 explosive or blasting agent shall be conducted according to the schedule
					 required under § 5351.
(c)
					 Blasters
(1) All blasting operations in the
					 state shall be conducted under the direction of a certified blaster and in
					 accordance with Policy Statement No. PS-1 entitled "Blasters Certification
					 Requirements, Surface Coal Mining and Reclamation Operations". All such
					 blasting operations in the state shall be conducted by competent, experienced
					 persons who understand the hazards involved.
(2) Certificates of blaster certification
					 shall be carried by blasters or shall be on file at the permit area during
					 blasting operations.
(3) A blaster
					 and at least one other person shall be present at the firing of a
					 blast.
(4) Any blaster who is
					 responsible for conducting blasting operations at a blasting site shall:
(A) be familiar with the blasting plan and
					 site-specific performance standards; and
(B) give direction and on-the-job training to
					 persons who are not certified and who are assigned to the blasting crew or
					 assist in the use of explosives.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5349 - Use of Explosives: Pre-Blasting Survey

Current through June 25, 2024
(a) At
					 least 30 days before initiation of blasting the operator shall notify, in
					 writing, all residents or owners of dwellings or other structures located
					 within one-half mile of the blast area how to request a preblasting
					 survey.
(b) A resident or owner of
					 a dwelling or structure within one-half mile of any part of the permit area may
					 request a preblasting survey. This request shall be made, in writing, directly
					 to the operator or to the Department, who shall promptly notify the operator.
					 The operator shall promptly conduct a preblasting survey of the dwelling or
					 structure and promptly prepare a written report of the survey. An updated
					 survey of any additions, modifications or renovations shall be performed by the
					 operator if requested by the resident or owner.
(c) The operator shall determine the
					 condition of the dwelling or structure and shall document any preblasting
					 damage and other physical factors that could reasonably be affected by the
					 blasting. Structures such as pipelines, cables, transmission lines, and
					 cisterns, wells and other water systems warrant special attention. However, the
					 assessment of these structures may be limited to surface conditions and other
					 readily available data.
(d) The
					 written report of the survey shall be signed by the person who conducted the
					 survey. Copies of the report shall be promptly provided to the Department and
					 to the person requesting the survey. If the person requesting the survey
					 disagrees with the contents and/or recommendations contained therein, he or she
					 may submit to both the operator and the Department a detailed description of
					 the specific areas of disagreement.
(e) Any surveys requested more than 10 days
					 before the planned initiation of blasting shall be completed by the operator
					 before the initiation of blasting.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5351 - Use of Explosives: Blasting Schedule

Current through June 25, 2024
(a)
					 General Requirements
(1) The operator shall
					 conduct blasting operations at times approved by the Department and announced
					 in the blasting schedule. The Department may limit the area covered, timing,
					 and sequence of blasting as listed in the schedule, if such limitations are
					 necessary and reasonable in order to protect the public health and safety or
					 welfare.
(2) All blasting shall be
					 conducted between sunrise and sunset, unless nighttime blasting is approved by
					 the Department based upon a showing by the operator that the public will be
					 protected from adverse noise and other impacts. The Department may specify more
					 restrictive time periods for blasting.
(3) Unscheduled blasts may be conducted only
					 where public or operator health and safety so require and for emergency
					 blasting actions. When an operator conducts an unscheduled blast, the operator,
					 using audible signals, shall notify residents within one-half mile of the
					 blasting site and document the reason for the unscheduled blast in accordance
					 with § 5357(p).
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5353 - Use of Explosives: Blasting Signs, Warnings and Access Control

Current through June 25, 2024
(a) Blasting Signs. Blasting signs shall meet
					 the specifications of § 5301. The operator shall:
(1) conspicuously place signs reading
					 "Blasting Area" along the edge of any blasting area that comes within 100 feet
					 of any public road right-of-way, and at the point where any other road provides
					 access to the blasting area; and
(2) at all entrances to the permit area from
					 public roads or highways, place conspicuous signs which state "Warning!
					 Explosives in Use", which clearly list and describe the meaning of the audible
					 blast warning and all-clear signals that are in use, and which explain the
					 marking of blasting areas and charged holes awaiting firing within the permit
					 area.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5355 - Use of Explosives: Control of Adverse Effects

Current through June 25, 2024
(a) General Requirements. Blasting shall be
					 conducted to prevent injury to persons, damage to public or private property
					 outside the permit area, adverse impacts on any underground mine, and change in
					 the course, channel or availability of surface water or ground water outside
					 the permit area.
(b) Airblast
(1) Limits
(A) Airblast shall not exceed the maximum
					 limits listed below at the location of any dwelling, public building, school,
					 church, community or institutional building outside the permit area, except as
					 provided in § 5355(e).
Lower Frequency Limit Of Measuring System, In
								Hz (+/- 3 dB)
Maximum Level (in dB)
0.1 Hz or lower--flat
								response1
134 peak.
2 Hz or lower--flat response
133 peak.
6 Hz or lower--flat response
129 peak.
C-weighted--slow response
								n1
105 peak dBC
1Only when approved by the
						Permit Board.
(B) If
					 necessary to prevent damage, the Permit Board shall specify lower maximum
					 allowable airblast levels than those of § 5355(b)(1)(A) for use in the
					 vicinity of a specific blasting operation.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5357 - Use of Explosives: Records of Blasting Operations

Current through June 25, 2024
The operator shall retain a record of all blasts for at
						least three years. Upon request, copies of these records shall be made
						available to the Department and to the public for inspection. Such records
						shall contain the following data:
(a)
					 name of the operator conducting the blast;
(b) location, date and time of the
					 blast;
(c) name, signature and
					 certification number of the blaster conducting the blast;
(d) identification, direction and distance,
					 in feet, from the nearest blast hole to the nearest dwelling, public building,
					 school, church, community or institutional building outside the permit area,
					 except those described in § 5355(e);
(e) weather conditions, including those which
					 may cause possible adverse blasting effects;
(f) type of material blasted;
(g) sketches of the blast pattern including
					 number of holes, burden, spacing, decks and delay pattern;
(h) diameter and depth of holes;
(i) types of explosives used;
(j) total weight of explosives used per
					 hole;
(k) the maximum weight of
					 explosives detonated in an 8-millisecond period;
(l) initiation system;
(m) type and length of stemming;
(n) mats or other protections used;
(o) seismographic and airblast records, if
					 required, which shall include:
(1) type of
					 instrument, sensitivity and calibration signal or certification of annual
					 calibration;
(2) exact location of
					 instrument and the date, time and distance from the blast;
(3) name of the person and firm taking the
					 reading;
(4) name of the person and
					 firm analyzing the seismographic record; and
(5) the vibration and/or airblast level
					 recorded;
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5359 - Disposal of Excess Spoil: General Requirements

Current through June 25, 2024
(a)
					 General. Excess spoil shall be placed in designated disposal areas within the
					 permit area, in a controlled manner to
(1)
					 Minimize the adverse effects of leachate and surface water runoff from the fill
					 on surface and ground waters;
(2)
					 Ensure mass stability and prevent mass movement during and after construction;
					 and
(3) Ensure that the final fill
					 is suitable for reclamation and revegetation compatible with the natural
					 surroundings and the approved postmining land use.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5361 - Disposal of Excess Spoil: Valley Fills/Head-of-Hollow Fills

Current through June 25, 2024
Valley fills and head-of-hollow fills shall meet the
						requirements of § 5359 and the additional requirements of this
						section.
(a) Drainage control.
(1) The top surface of the completed fill
					 shall be graded such that the final slope after settlement will be toward
					 properly designed drainage channels. Uncontrolled surface drainage may not be
					 directed over the outslope of the fill.
(2) Runoff from areas above the fill and
					 runoff from the surface of the fill shall be diverted into stabilized diversion
					 channels designed to meet the requirements of § 5317 and, in addition, to
					 safely pass the runoff from a 100-year, 6-hour precipitation event.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5363 - Disposal of Excess Spoil: Durable Rock Fills

Current through June 25, 2024
The Department may approve the alternative method of
						disposal of excess durable rock spoil by gravity placement in single or
						multiple lifts, provided the following conditions are met:
(a) Except as provided in this section, the
					 requirements of § 5359 are met.
(b) The excess spoil consists of at least 80
					 percent, by volume, durable, nonacid- and nontoxic-forming rock (e.g.,
					 sandstone or limestone) that does not slake in water and will not degrade to
					 soil material. Where used, noncemented clay shale, clay spoil, soil or other
					 nondurable excess spoil materials shall be mixed with excess durable rock spoil
					 in a controlled manner such that no more than 20 percent of the fill volume, as
					 determined by tests performed by a registered professional engineer and
					 approved by the Department, is not durable rock.
(c) A qualified registered professional
					 engineer certifies that the design will ensure the stability of the fill and
					 meet all other applicable requirements.
(d) The fill is designed to attain a minimum
					 long-term static safety factor of 1.5, and an earthquake safety factor of
					 1.1.
(e) The underdrain system may
					 be constructed simultaneously with excess spoil placement by the natural
					 segregation of dumped materials, provided the resulting underdrain system is
					 capable of carrying anticipated seepage of water due to rainfall away from the
					 excess spoil fill and from seeps and springs in the foundation of the disposal
					 area and the other requirements for drainage control are met.
(f) Surface water runoff from areas adjacent
					 to and above the fill is not allowed to flow onto the fill and is diverted into
					 stabilized diversion channels designed to meet the requirements of § 5317
					 and to safely pass the runoff from a 100-year, 6-hour precipitation
					 event.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5365 - Disposal of excess spoil: Preexisting benches

Current through June 25, 2024
(a) The
					 Permit Board may approve the disposal of excess spoil through placement on a
					 preexisting bench if the affected portion of the preexisting bench is permitted
					 and the standards set forth in §§ 5391(c), 5391(e) through 5391(h),
					 and 5391 (j) and the requirements of this section are met.
(b) All vegetation and organic materials
					 shall be removed from the affected portion of the preexisting bench prior to
					 placement of the excess spoil. Any available topsoil on the bench shall be
					 removed, stored and redistributed in accordance with § 5311. Substitute or
					 supplemental materials may be used in accordance with § 5311(b).
(c) The fill shall be designed and
					 constructed using current, prudent engineering practices. The design will be
					 certified by a registered professional engineer. The spoil shall be placed on
					 the solid portion of the bench in a controlled manner and concurrently
					 compacted as necessary to attain a long term static safety factor of 1.3 for
					 all portions of the fill. Any spoil deposited on any fill portion of the bench
					 will be treated as excess spoil fill under § 5359.
(d) The preexisting bench shall be backfilled
					 and graded to:
(1) Achieve the most moderate
					 slope possible which does not exceed the angle of repose;
(2) Eliminate the highwall to the maximum
					 extent technically practical;
(3)
					 Minimize erosion and water pollution both on and off the site; and
(4) If the disposal area contains springs,
					 natural or manmade water courses, or wet weather seeps, the fill design shall
					 include diversions and underdrains as necessary to control erosion, prevent
					 water infiltration into the fill, and ensure stability.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5367 - Protection of Underground Mining

Current through June 25, 2024
No surface mining activities shall be conducted closer
						than 500 feet to any point of either an active or abandoned underground mine,
						except to the extent that -
(a) The
					 activities result in improved resource recovery, abatement of water pollution,
					 or elimination of hazards to the health and safety of the public; and
(b) The nature, timing, and sequence of the
					 activities that propose to mine closer than 500 feet to an active underground
					 mine are jointly approved by the Department, the Mine Safety and Health
					 Administration, and the State agency, if any, responsible for the safety of
					 underground mine workers.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5369 - Coal Mine Waste: General Requirements

Current through June 25, 2024
(a)
					 General. All coal mine waste disposed of in an area other than the mine
					 workings or excavations shall be placed in new or existing disposal areas
					 within a permit area, which are approved by the Department for this purpose.
					 Coal mine waste shall be hauled or conveyed and placed for final placement in a
					 controlled manner to:
(1) Minimize adverse
					 effects of leachate and surface-water runoff on surface and ground water
					 quality and quantity;
(2) Ensure
					 mass stability and prevent mass movement during and after
					 construction;
(3) Ensure that the
					 final disposal facility is suitable for reclamation and revegetation compatible
					 with the natural surroundings and the approved postmining land use;
(4) Not create a public hazard; and
(5) Prevent combustion.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5371 - Coal mine Waste: Refuse Piles

Current through June 25, 2024
Refuse piles shall meet the requirements of § 5369,
						the additional requirements of this section, and the requirements of 30 CFR
						§§ 77.214 and 77.215.
(a)
					 Drainage control.
(1) If the disposal area
					 contains springs, natural or manmade water courses, or wet weather seeps, the
					 design shall include diversions and underdrains as necessary to control
					 erosion, prevent water infiltration into the disposal facility and ensure
					 stability.
(2) Uncontrolled surface
					 drainage may not be diverted over the outslope of the refuse piles. Runoff from
					 the areas above the refuse pile and runoff from the surface of the refuse pile
					 shall be diverted into stabilized diversion channels designed to meet the
					 requirements of § 5317 to safely pass the runoff from a 100-year, 6-hour
					 precipitation event. Runoff diverted from undisturbed areas need not be
					 commingled with runoff from the surface of the refuse pile.
(3) Underdrains shall comply with the
					 requirements of § 5359(f)(3).
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5373 - Coal Processing Waste: Burning and Burned Waste Utilization

Current through June 25, 2024
(a) Coal processing waste fires shall be
					 extinguished by the person who conducts the surface mining activities in
					 accordance with a plan approved by the Permit Board and the Mine Safety and
					 Health Administration. The plan shall contain, at a minimum, provisions to
					 ensure that only those persons authorized by the operator, and who have an
					 understanding of the procedures to be used, shall be involved in the
					 extinguishing operations.
(b) No
					 burning or burned coal mine waste shall be removed from a permitted disposal
					 area without a removal plan approved by the Permit Board. Consideration shall
					 be given to potential hazards to persons working or living in the vicinity of
					 the structure.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5375 - Disposal of Noncoal Wastes

Current through June 25, 2024
(a) Noncoal wastes
					 including, but not limited to, grease, lubricants, paints, flammable liquids,
					 garbage, abandoned mining machinery, lumber and other combustibles generated
					 during surface mining activities shall be placed and stored in a controlled
					 manner in a designated portion of the permit area. Placement and storage shall
					 insure that leachate and surface runoff do not degrade surface water or ground
					 water, that fires are prevented, and that the area remains stable and suitable
					 for reclamation and revegetation compatible with the natural
					 surroundings.
(b) Final disposal of
					 noncoal wastes shall be in a designated disposal site in the permit area or a
					 State-approved solid waste disposal area. Disposal sites in the permit area
					 shall be designed and constructed with appropriate water barriers on the bottom
					 and sides of the designated site to ensure that leachate and drainage from the
					 noncoal mine waste area does not degrade surface or underground water. Wastes
					 shall be routinely compacted and covered to prevent combustion and wind-borne
					 waste. When the disposal is completed, a minimum of two feet of soil cover
					 shall be placed over the site, slopes stabilized, and revegetation accomplished
					 in accordance with §§ 5389-53103. Operation of the disposal site
					 shall be conducted in accordance with all local, state and federal
					 requirements. Nothing in these regulations shall exempt a permittee from
					 compliance with the Mississippi Nonhazardous Waste Management
					 Regulations.
(c) At no time shall
					 any solid waste material be deposited at refuse embankments or impoundment
					 sites, nor shall any excavation for solid waste disposal be located within
					 eight feet of any coal outcrop or coal storage area.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5377 - Coal Mine Waste: Impounding Structures

Current through June 25, 2024
New and existing impounding structures constructed of
						coal mine waste or intended to impound coal mine waste shall meet the
						requirements of § 5369.
(a) Coal
					 mine waste shall not be used for construction of impounding structures unless
					 it has been demonstrated to the Department that the stability of such a
					 structure conforms to the requirements of this part and the use of coal mine
					 waste will not have a detrimental effect on downstream water quality or the
					 environment due to acid seepage through the impounding structure. The stability
					 of the structure and the potential impact of acid mine seepage through the
					 impounding structure shall be discussed in detail in the design plan submitted
					 to the Department in accordance with § 2725.
(b)
(1) Each
					 impounding structure constructed of coal mine waste or intended to impound coal
					 mine waste shall be designed, constructed and maintained in accordance with
					 § 5327(a) and (c). Such structures may not be retained permanently as part
					 of the approved postmining land use.
(2) Each impounding structure constructed of
					 coal mine waste or intended to impound coal mine waste that meets the criteria
					 of 30 CFR § 77.216(a) shall have sufficient spillway capacity to safely
					 pass, adequate storage capacity to safely contain, or a combination of storage
					 capacity and spillway capacity to safely control, the probable maximum
					 precipitation of a 6-hour precipitation event, or greater event as specified by
					 the Department.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5379 - Stabilization of Surface Areas

Current through June 25, 2024
(a) All exposed
					 surface areas shall be protected and stabilized to effectively control erosion
					 and air pollution attendant to erosion.
(b) Rills and gullies which form in areas
					 that have been regraded and topsoiled and which either disrupt the approved
					 postmining land use or the reestablishment of the vegetative cover or cause or
					 contribute to a violation of water-quality standards for receiving streams
					 shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced;
					 and the areas shall be reseeded or replanted.
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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5385 - Slides and Other Damage

Current through June 25, 2024
(a) An undisturbed
					 natural barrier shall be provided beginning at the elevation of the lowest coal
					 seam to be mined and extending from the outslope for such distance as may be
					 determined by the Permit Board as is needed to assure stability. The barrier
					 shall be retained in place to prevent slides and erosion.
(b) At any time a slide occurs which may have
					 a potential adverse affect on public property, health, safety or the
					 environment, the person who conducts the surface mining activities shall notify
					 the Department by the fastest available means and comply with any remedial
					 measures required by the Department or the Commission.