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 11-8-2.5-65 - Enforcement › Section 11-8-2.5-65-6507 - Service of Notices of Violation and Cessation Orders

Current through June 25, 2024
(a) Except as otherwise expressly provided,
					 any notice or other instrument issued by or under authority of the Commission,
					 the Executive Director, or the Permit Board may be served on any affected
					 person personally or by publication, and proof of that service may be made in
					 the same manner as in case of service of a summons in a civil action. The proof
					 of service shall be filed in the office of the Commission. Service may also be
					 made by mailing a copy of the notice, order, or other instrument by certified
					 mail, directed to the person affected at the person's last known post-office
					 address as shown by the files or records of the Commission. Proof of service
					 may be made by the affidavit of the person who did the mailing and shall be
					 filed in the office of the Executive Director.
(b) Designation by any person of an agent for
					 service of process, notices and orders shall be made in writing to 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 11-8-2.5-65 - Enforcement › Section 11-8-2.5-65-6509 - Termination of Order

Current through June 25, 2024
(a) Except as
					 provided in this section, a notice of violation or cessation order which
					 requires cessation of mining, expressly or by necessary implication, shall
					 expire within thirty (30) days after it is served unless a formal hearing has
					 been held within that time. The hearing shall be held at or reasonably close to
					 the mine site, so that the site may be viewed during the hearing, or at any
					 other location acceptable to the Commission and the person to whom the notice
					 or order was issued. Expiration of a notice or order shall not affect the
					 Commission's right to assess civil penalties with respect to the period during
					 which the notice or order was in effect. No hearing will be required where the
					 condition, practice, or violation in question has been abated or the hearing
					 has been waived. For purposes of this section only, "mining" includes (1)
					 extracting coal from the earth or from coal waste piles and transporting it
					 within or from the permit area, and (2) the processing, cleaning,
					 concentrating, preparing or loading of coal where such operations occur at a
					 place other than at a mine site.
(b) A notice of violation or cessation order
					 shall not expire as provided in paragraph (a) of this section if the formal
					 hearing has been waived, or if, with the consent of the person to whom the
					 notice or order was issued, the formal hearing is held later than thirty (30)
					 days after the notice or order was served. For purposes of this subsection:
(1) The formal hearing will be deemed waived
					 if the person to whom the notice or order was issued:
(A) is informed, by written notice served in
					 the manner provided in paragraph (b)(2) of this section, that he or she will be
					 deemed to have waived a formal hearing unless he or she requests one within 30
					 days after service of the notice; and
(B) fails to request a formal hearing within
					 that time.
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 11-8-2.5-65 - Enforcement › Section 11-8-2.5-65-6511 - Formal Review of Citations

Current through June 25, 2024
(a) Any interested
					 party aggrieved by an action of the Commission, Executive Director or Executive
					 Director's authorized representative taken pursuant to the Act or these
					 regulations may request a formal hearing before the Commission as provided in
					 §§
											53-9-77
					 and
					 49-17-41.
					 A request for formal review must be filed within thirty days of the date the
					 Commission, the Executive Director, or the Executive Director's authorized
					 representative took the action to be contested during the formal review. The
					 Commission, through the Department, shall notify the parties in writing of the
					 time and place of the hearing at least five working days prior to the hearing
					 date. Any person who participated as a party in a formal hearing before the
					 Commission may appeal from a final decision of the Commission made under the
					 Act and these regulations as provided in §§
											53-9-77
					 and
					 49-17-41.
(b) The filing of an application for review
					 and request for a hearing under this Section shall not operate as a stay of any
					 notice or order, or of any modification, termination or vacation of
					 either.
(c) Temporary Relief From
					 Notices Of Violation and Cessation Orders. Any party to a proceeding that is
					 the result of the issuance of a notice of violation or cessation order,
					 including, but not limited to, the person to whom a notice of violation or
					 cessation order is directed, may apply to the Commission for temporary relief
					 from the notice or cessation order. The application shall be filed with the
					 office of the Executive Director, and a copy shall be filed at the same time
					 with the State Geologist and the General Counsel of the Department.
(d) The application for temporary relief
					 shall include:
(1) A detailed written
					 statement setting forth the reasons why relief should be granted;
(2) A showing that there is a substantial
					 likelihood that the findings and decisions of the Commission in the matters to
					 which the application relates will be favorable to the applicant;
(3) A statement that the relief sought will
					 not adversely affect the health or safety of the public or cause significant,
					 imminent environmental harm to land, air, or water resources;
(4) If the application relates to an order of
					 cessation, a statement of whether the requirement of § 6511(f) for
					 decision on the application within 5 days is waived; and
(5) A statement of the specific relief
					 requested.
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 11-8-2.5-65 - Enforcement › Section 11-8-2.5-65-6513 - Failure to Give Notice and Lack of Information

Current through June 25, 2024
No notice of violation, cessation order, show cause order
						or order revoking or suspending a permit may be vacated because it is
						subsequently determined that the Executive Director or his authorized
						representative did not have information sufficient, under § 6301(b)(1) and
						(2), to justify an inspection.
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 11-8-2.5-65 - Enforcement › Section 11-8-2.5-65-6515 - Inability to Comply

Current through June 25, 2024
(a) No cessation
					 order or notice of violation issued under this Rule may be vacated because of
					 inability to comply.
(b) Inability
					 to comply may not be considered in determining whether a pattern of violations
					 exists.
(c) Unless caused by lack
					 of diligence, inability to comply may be considered only in mitigation of the
					 amount of civil penalty under Rule 67 and of the duration of the suspension of
					 a permit under § 6505 (b).
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 11-8-2.5-65 - Enforcement › Section 11-8-2.5-65-6517 - Compliance Conference

Current through June 25, 2024
(a) A permittee may
					 request an on-site compliance conference with an authorized representative of
					 the Executive Director to review the compliance status of any condition or
					 practice proposed at any coal exploration, development operation, or surface
					 coal mining and reclamation operation. Any such conference shall not constitute
					 an inspection within the meaning § 6301.
(b) The Executive Director or his authorized
					 representative may accept or refuse any request to conduct a compliance
					 conference under § 6517(a).
(c) The authorized representative at any
					 compliance conference shall review such proposed conditions and practices in
					 order to advise whether any such condition or practice may become a violation
					 of any requirement of the Act, these regulations, or any applicable permit,
					 development, or exploration approval.
(d) Neither the holding of a compliance
					 conference under this section nor any opinion given by the Executive Director
					 or his authorized representative at such a conference shall affect:
(1) Any rights or obligations of the
					 Executive Director, his authorized representative, the Department or of the
					 permittee with respect to any inspection, notice of violation or cessation
					 order, whether prior or subsequent to such compliance conference; or
(2) The validity of any notice of violation
					 or cessation order issued with respect to any condition or practice reviewed at
					 the compliance conference.
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 11-8-2.5-65 - Enforcement › Section 11-8-2.5-65-6519 - Enforcement Actions at Abandoned Sites

Current through June 25, 2024
The Executive Director or his authorized representative
						may refrain from issuing a notice of violation or cessation order for a
						violation at an abandoned site, as defined in § 105, if abatement of the
						violation is required under any previously issued notice or
						order.
Miss. Code Ann.
						§§
												53-9-11,
						53-9-55,
						53-9-69
						and
						53-9-1, et
						seq.
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 11-8-2.5-67 - Civil Penalties › Section 11-8-2.5-67-6701 - How Assessments are Made

Current through June 25, 2024
The Commission shall review each notice of violation and
						cessation order in accordance with the assessment procedures described in
						§§ 6703, 6705, 6707, 6709 and 6711 to determine whether a civil
						penalty will be assessed, the amount of the penalty, and whether each day of a
						continuing violation will be deemed a separate violation for purposes of the
						total penalty assessed.
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 11-8-2.5-67 - Civil Penalties › Section 11-8-2.5-67-6703 - When Penalty will be Assessed

Current through June 25, 2024
(a) The Commission
					 shall assess a penalty for each cessation order.
(b) The Commission shall assess a penalty for
					 each notice of violation, if the violation is assigned 31 points or more under
					 the point system described in § 6705.
(c) The Commission may assess a penalty for
					 each notice of violation assigned 30 points or less under the point system
					 described in § 6705. In determining whether to assess a penalty, the
					 Commission shall consider the factors listed in § 6705(b).
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 11-8-2.5-67 - Civil Penalties › Section 11-8-2.5-67-6705 - Point System for Penalties

Current through June 25, 2024
(a) The Commission
					 shall use the point system described in this Section to determine the amount of
					 the penalty and, in the case of notices of violation, whether a mandatory
					 penalty should be assessed as provided in § 6703(b).
(b) Points shall be assigned as follows:
(1) History of Previous Violations. The
					 Commission shall assign up to 30 points based on the history of previous
					 violations. One point shall be assigned for each past violation contained in a
					 notice of violation. Five points shall be assigned for each past violation (but
					 not a condition or practice) contained in a cessation order. The history of
					 previous violations, for the purpose of assigning points, shall be determined
					 and the points assigned with respect to a particular coal exploration,
					 development or surface coal mining operation. Points shall be assigned as
					 follows:
(A) A violation shall not be counted
					 if the notice or order is the subject of pending administrative or judicial
					 review or if the time to request such review or to appeal any administrative or
					 judicial decision has not expired, and thereafter it shall be counted for only
					 one year.
(B) No violation for
					 which the notice or order has been vacated shall be counted.
(C) Each violation shall be counted without
					 regard to whether it led to a civil penalty assessment.
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 11-8-2.5-67 - Civil Penalties › Section 11-8-2.5-67-6707 - Determination of Amount of Penalty

Current through June 25, 2024
The Commission shall determine the minimum amount of any
						civil penalty by converting the total number of points assigned under §
						6905 to a dollar amount, according to the following schedule:
Points
Dollars
Points
Dollars
1
20
36
1,600
2
40
37
1,700
3
60
38
1,800
4
80
39
1,900
5
100
40
2,000
6
120
41
2,100
7
140
42
2,200
8
160
43
2,300
9
180
44
2,400
10
200
45
2,500
11
220
46
2,600
12
240
47
2,700
13
260
48
2,800
14
280
49
2,900
15
300
50
3,000
16
320
51
3,100
17
340
52
3,200
18
360
53
3,300
19
380
54
3,400
20
400
55
3,500
21
420
56
3,600
21
440
57
3,700
23
460
58
3,800
24
480
59
3,900
25
500
60
4,000
26
600
61
4,100
27
700
62
4,200
28
800
63
4,300
29
900
64
4,400
30
1000
65
4,500
31
1,100
66
4,600
32
1,200
67
4,700
33
1,300
68
4,800
34
1,400
69
4,900
35
1,500
70
(and above)5,000
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 11-8-2.5-67 - Civil Penalties › Section 11-8-2.5-67-6709 - Assessment of Separate Violations for Each Day

Current through June 25, 2024
(a) The
					 Commission may assess separately a civil penalty for each day from the date of
					 issuance of the notice of violation or cessation order to the date set for
					 abatement of the violation. In determining whether to make such an assessment,
					 the Commission shall consider the factors listed in § 6705 and may
					 consider the extent to which the person to whom the notice or order was issued
					 gained any economic benefits as a result of a failure to comply. For any
					 violation which continues for two or more days and which is assigned more than
					 70 points under § 6705(b), the Commission shall assess a civil penalty for
					 a minimum of two separate days.
(b)
					 Whenever a violation contained in a notice of violation or cessation order has
					 not been abated within the abatement period set in the notice or order or as
					 subsequently extended under section
					 53-9-69(1)
					 of the act, a civil penalty of not less than $750 shall be assessed for each
					 day during which such failure continues, except that, if the person to whom the
					 notice or order was issued initiates review proceedings with respect to the
					 violation, the abatement period shall be extended as follows:
(1) If suspension of the abatement
					 requirements of the notice or order is ordered in a temporary relief
					 proceeding, after a determination that the person to whom the notice or order
					 was issued will suffer irreparable loss or damage from the application of the
					 requirements, the Commission shall modify the abatement order to state that the
					 period permitted for abatement shall not end until the date on which the
					 Commission issues a final order with respect to the violation in
					 question.
(2) If the person to whom
					 the notice or order was issued initiates review proceedings under §
												53-9-69(1)(e)
					 with respect to the violation, in which the obligations to abate are suspended
					 by the Commission or a court subsequently reviewing the Commission's actions,
					 the daily assessment of a penalty shall not be made for any period before entry
					 of a final order by the court.
(3)
					 Such penalty for the failure to abate the violation shall not be assessed for
					 more than 30 days for each such violation. If the permittee has not abated the
					 violation within the 30-day period, the Commission shall take appropriate
					 action pursuant to §§
												53-9-55(4),
					 53-9-57,
					 53-9-69(1)(d),
					 and 53-9-69(4)within 30 days to ensure that abatement occurs or to ensure that
					 there will not be a reoccurrence of the failure to abate.
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 11-8-2.5-67 - Civil Penalties › Section 11-8-2.5-67-6711 - Waiver of Use of Formula to Determine Civil Penalty

Current through June 25, 2024
(a) The Commission, upon its own initiative,
					 at the request of the Department, or upon written request received within 15
					 days of issuance of a notice of violation or a cessation order, may waive the
					 use of the formula contained in §§ 6705 and 6707 to set the civil
					 penalty, if the Commission determines that, taking into account exceptional
					 factors present in the particular case, the penalty is demonstrably excessive
					 or inadequate. Cause for waiving the formula in order to increase the penalty
					 may include, solely by way of example and without limitation, a demonstration
					 that the violation occurred in willful and knowing disregard of any law,
					 regulation, order, or permit condition, a demonstration that the violation
					 caused significant harm to human health and/or the environment, or a
					 demonstration that the violator incurred significant economic benefit as a
					 result of the noncompliance. However, the Commission shall not waive the use of
					 the formula or reduce the proposed assessment on the basis of an argument that
					 a reduction in the proposed penalty could be used to abate violations of the
					 act, these regulations, or any condition of any permit or exploration approval.
					 The basis for every waiver shall be fully explained and documented in the
					 records of the case.
(b) If the
					 Commission waives the use of the formula, it shall use the criteria set forth
					 in § 6705(b) and in §
											49-17-43 to
					 determine the appropriate penalty. When the Commission has elected to waive the
					 use of the formula, it shall give a written explanation of the basis for the
					 assessment made to the person to whom the notice or order was issued.
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 11-8-2.5-67 - Civil Penalties › Section 11-8-2.5-67-6713 - Procedures for Assessment of Civil Penalties

Current through June 25, 2024
(a)
					 Within 15 days of service of a notice or order, the person to whom it was
					 issued may submit written information about the violation to the Department and
					 to the inspector who issued the notice of violation or cessation order. The
					 Commission shall consider any information so submitted in determining the facts
					 surrounding the violation and the amount of the penalty.
(b) The Department shall serve a copy of the
					 proposed assessment and of the worksheet showing the computation of the
					 proposed assessment on the person to whom the notice or order was issued, by
					 certified mail, within 30 days of the issuance of the notice or order. If the
					 mail is tendered at the address of that person set forth in the sign required
					 under § 5301, or at any address at which that person is in fact located,
					 and he or she refuses to accept delivery of or to collect such mail, the
					 requirements of this Subsection shall be deemed to have been complied with upon
					 such tender.
(c) Failure by the
					 Department to serve any proposed assessment within 30 days shall not be grounds
					 for dismissal of all or part of such assessment unless the person against whom
					 the proposed penalty has been assessed:
(1)
					 proves actual prejudice as a result of the delay; and
(2) makes a timely objection to the delay. An
					 objection shall be timely only if made in the normal course of administrative
					 review.
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 11-8-2.5-69 - Individual Civil Penalties › Section 11-8-2.5-69-6901 - When an Individual Civil Penalty May Be Assessed

Current through June 25, 2024
The Commission may assess an individual civil penalty
						against any corporate director, officer or agent of a corporate permittee who
						knowingly and willfully authorized, ordered or carried out a violation, failure
						or refusal. The Commission shall not assess an individual civil penalty in
						situations resulting from a permit violation by a corporate permittee until a
						cessation order has been issued by the Commission to the corporate permittee
						for the violation, and the cessation order has remained unabated for thirty
						(30) days.
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 11-8-2.5-69 - Individual Civil Penalties › Section 11-8-2.5-69-6903 - Amount of Individual Civil Penalty

Current through June 25, 2024
(a) In
					 determining the amount of an individual civil penalty assessed under §
					 6901, the Commission shall consider the criteria specified in §
											49-17-43 and
					 §
											53-9-55(2),
					 as well as the following:
(1) the individual's
					 history of authorizing, ordering or carrying out previous violations, failures
					 or refusals at the particular surface coal mining operation;
(2) the seriousness of the violation, failure
					 or refusal (as indicated by the extent of damage and/or the cost of
					 reclamation), including any irreparable harm to the environment and any hazard
					 to the health or safety of the public; and
(3) the demonstrated good faith of the
					 individual charged in attempting to achieve rapid compliance after notice of
					 the violation, failure or refusal.
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 11-8-2.5-69 - Individual Civil Penalties › Section 11-8-2.5-69-6905 - Procedure for Assessment of Individual Civil Penalty

Current through June 25, 2024
The Department and Commission shall follow the procedure
						set forth in § 6713 in the assessment of the individual civil
						penalty.
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 11-8-2.5-69 - Individual Civil Penalties › Section 11-8-2.5-69-6907 - Payment of Penalty

Current through June 25, 2024
(a) If an
					 individual does not appeal the Commission's order imposing an individual civil
					 penalty, the penalty shall be due ten (10) day from the issuance of the
					 order.
(b) If an individual named
					 in a notice of proposed individual civil penalty assessment files a petition
					 for review, the penalty shall be due ten (10) days after issuance by the
					 reviewing court of a judgment affirming the penalty.
Miss. Code Ann.
						§§
												53-9-11,
						53-9-55,
						53-9-67
						and
						53-9-1, et
						seq.
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 11-8-2.5-71 - Petitions for Award of Costs and Expenses › Section 11-8-2.5-71-7101 - Who May File

Current through June 25, 2024
Any person may file a petition for award of costs and
						expenses including attorney's fees reasonably incurred as a result of that
						person's participation in any administrative proceeding under the act which
						results in a final order being issued by the Commission or in a permit action
						or bond release action being taken by the Permit Board.
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 11-8-2.5-71 - Petitions for Award of Costs and Expenses › Section 11-8-2.5-71-7103 - Where to File; Time for Filing

Current through June 25, 2024
The petition for an award of costs and expenses including
						attorneys' fees must be filed with the Commission or Permit Board within 45
						days of receipt of such order or of notice of such permit action or bond
						release action. Failure to make a timely filing of the petition may constitute
						a waiver of the right to such an award.
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 11-8-2.5-71 - Petitions for Award of Costs and Expenses › Section 11-8-2.5-71-7105 - Contents of Petition

Current through June 25, 2024
(a) A petition
					 filed under this Section shall include the name of the person from whom costs
					 and expenses are sought and the following shall be submitted in support of the
					 petition:
(1) an affidavit setting forth in
					 detail all costs and expenses including attorneys' fees reasonably incurred
					 for, or in connection with, the person's participation in the
					 proceeding;
(2) receipts or other
					 evidence of such costs and expenses; and
(3) where attorneys' fees are claimed,
					 evidence concerning the hours expended on the case, the customary commercial
					 rate of payment for such services in the area, and the experience, reputation
					 and ability of the individual or individuals performing the services.
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 11-8-2.5-71 - Petitions for Award of Costs and Expenses › Section 11-8-2.5-71-7107 - Answer

Current through June 25, 2024
Any person served with a copy of the petition shall have
						30 days from service of the petition within which to file an answer to such
						petition.
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 11-8-2.5-71 - Petitions for Award of Costs and Expenses › Section 11-8-2.5-71-7109 - Who May Receive an Award

Current through June 25, 2024
Appropriate costs and expenses including attorneys' fees
						may be awarded:
(a) to any person from
					 the permittee, if the person initiates any administrative proceedings reviewing
					 enforcement actions, upon a finding that a violation of the act, regulations or
					 permit has occurred, or that an imminent hazard existed, or to any person who
					 participates in an enforcement proceeding where such a finding is made if the
					 Commission determines that the person made a substantial contribution to the
					 full and fair determination of the issues and that prior to the person's
					 involvement, the Department had not commenced or was not diligently pursuing an
					 administrative or civil enforcement action regarding the matter, which may
					 include an inspection of the surface coal mining and reclamation operation in
					 response to a complaint;
(b) to any
					 person other than a permittee or his representative from the Department, if the
					 person initiates or participates in any proceeding under the act, upon a
					 finding by the Commission or Permit Board, as appropriate, that the person made
					 a substantial contribution to a full and fair determination of the issues and
					 that the person substantially prevailed in the proceeding;
(c) to a permittee from the Department when
					 the permittee demonstrates and the Commission finds that the Department issued
					 or recommended that the Commission issue an order of cessation, a notice of
					 violation, or an order to show cause why a permit should not be suspended or
					 revoked, in bad faith and for the purpose of harassing or embarrassing the
					 permittee;
(d) to a permittee from
					 any person where the permittee demonstrates that the person initiated an
					 administrative proceeding under the act or participated in such a proceeding in
					 bad faith for the purpose of harassing or embarrassing the permittee;
					 or
(e) to the Department where it
					 demonstrates that any person applied for administrative or judicial review of a
					 Department, Permit Board, or Commission decision made under the act or that any
					 party participated in such a proceeding in bad faith and for the purpose of
					 harassing or embarrassing the government.
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 11-8-2.5-71 - Petitions for Award of Costs and Expenses › Section 11-8-2.5-71-7111 - Awards

Current through June 25, 2024
An award under these Sections may include:
(a) all costs and expenses including
					 attorneys' fees and expert witness fees, reasonably incurred as a result of
					 initiation and/or participation in a proceeding under the act; and
(b) all costs and expenses, including
					 attorneys' fees and expert witness fees, reasonably incurred in seeking the
					 award.
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 11-8-2.5-71 - Petitions for Award of Costs and Expenses › Section 11-8-2.5-71-7113 - Appeal

Current through June 25, 2024
Any person aggrieved by a decision concerning the award
						of costs and expenses in an administrative proceeding under this act may appeal
						such award pursuant to §
											53-9-77.
Miss. Code Ann.
						§§
												53-9-11,
						53-9-55,
						53-9-67
						and
						53-9-1, et
						seq.
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 11-8-2.5-73 - Alternative Enforcement › Section 11-8-2.5-73-7301 - Scope

Current through June 25, 2024
This part governs the use of measures provided in
						§§
											53-9-57,
						53-9-61,
						and
						53-9-69
						of the Act for criminal penalties to compel compliance with provisions of the
						Act.
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 11-8-2.5-73 - Alternative Enforcement › Section 11-8-2.5-73-7303 - General Provisions

Current through June 25, 2024
(a) Whenever a
					 court of competent jurisdiction enters a judgment against or convicts a person
					 under these provisions, the Department must update AVS to reflect the judgment
					 or conviction.
(b) The existence of
					 a performance bond or bond forfeiture cannot be used as the sole basis for
					 determining that an alternative enforcement action is unwarranted.
(c) Nothing in this part eliminates or limits
					 any additional enforcement rights or procedures available under Federal or
					 State law.
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 11-8-2.5-73 - Alternative Enforcement › Section 11-8-2.5-73-7305 - Criminal Penalties

Current through June 25, 2024
Under §§
											53-9-57
						and
						53-9-61
						of the Act, we, the regulatory authority, may request the State Attorney
						General to pursue criminal penalties against any person who
(a) Willfully and knowingly violates a
					 condition of the permit;
(b)
					 Willfully and knowingly fails or refuses to comply with any order issued under
					 §
											53-9-69
					 of the Act; or
(c) Knowingly makes
					 any false statement, representation, or certification, or knowingly fails to
					 make any statement, representation, or certification in any application,
					 record, report, plan, or other document filed or required to be maintained
					 under these regulations or any written order of the Commission issued under the
					 Act.
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 11-8-2.5-73 - Alternative Enforcement › Section 11-8-2.5-73-7307 - Civil actions for relief

Current through June 25, 2024
(a) Under Miss.
					 Code Ann. §§
											49-17-43(2)
					 and
					 49-2-21,
					 the Department may institute a civil action for relief and/or may request the
					 state Attorney General to institute a civil action for relief whenever the
					 permittee, or permittee's agent
(1) Violate or
					 fail or refuse to comply with any order or decision that we issue under the Act
					 or regulatory program;
(2)
					 Interfere with, hinder, or delay us in carrying out the provisions of the Act
					 or its implementing regulations;
(3) Refuse to admit our authorized
					 representatives onto the site of a surface coal mining and reclamation
					 operation;
(4) Refuse to allow our
					 authorized representatives to inspect a surface coal mining and reclamation
					 operation;
(5) Refuse to furnish
					 any information or report that we request under the Act or regulatory program;
					 or
(6) Refuse to allow access to,
					 or copying of, those records that we determine necessary to carry out the
					 provisions of the Act and its implementing regulations.
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 › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-1 - Phase III Revegetation Success Standards for Commercial Forest Land › Section 11-8-8-2-A-1-I - Introduction

Current through June 25, 2024
This policy describes the criteria and procedures for
						determining Phase III success standards for areas being restored to commercial
						forest land.
Revegetation success on commercial forest land must be
						determined on the basis of the following conditions:
A. General revegetation requirements of the
					 approved permit;
B. Ground cover;
					 and
C. Tree/shrub stocking and
					 survival.
The permittee is responsible for measuring the vegetation
						and for submitting the data to the Department for analysis. Measurements of the
						vegetation must be made in accordance with the procedures outlined in this
						document.
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 › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-1 - Phase III Revegetation Success Standards for Commercial Forest Land › Section 11-8-8-2-A-1-II - General Revegetation Requirements

Current through June 25, 2024
The general requirements for revegetation shall be
						considered satisfied upon the determination by the Permit Board that:
A. The permittee has established on regraded
					 areas and all other disturbed areas, except water areas, surface areas of roads
					 and areas around buildings that are approved as part of the postmining land
					 use, a vegetative cover that is in accordance with the approved reclamation
					 plan in the approved permit and that is:
1.
					 diverse, effective, and permanent;
2. comprised of species native to the area,
					 or of introduced species which are necessary to achieve the postmining land use
					 and approved by the regulatory authority;
3. at least equal in extent of cover to the
					 natural vegetation of the area; and
4. capable of stabilizing the soil surface
					 from erosion.
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 › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-1 - Phase III Revegetation Success Standards for Commercial Forest Land › Section 11-8-8-2-A-1-III - Success Standards and Measurement Frequency

Current through June 25, 2024
A.
					 Ground Cover
1. Ground cover shall be
					 considered acceptable if it is at least equal to ninety percent of the approved
					 success standard at a ninety percent statistical confidence level (one sided
					 test with a .10 alpha error) for the last year of the five year responsibility
					 period. The success standard for commercial forest land ground cover shall be a
					 ground cover density of seventy percent.
2. The aggregate of areas with less than
					 seventy percent ground cover must not exceed five percent of the release area.
					 These areas must not be larger than 1 acre and must be completely surrounded by
					 desirable vegetation which has a ground cover of seventy percent. Areas void of
					 desirable vegetation may not be larger than one quarter of an acre and must be
					 surrounded by desirable vegetation which has a ground cover of seventy
					 percent.
3. The ground cover shall
					 be sampled once during the last year of the five year responsibility
					 period.
4. No more than thirty-five
					 percent of the stand can consist of volunteer species not listed in Addendum
					 T.
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 › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-1 - Phase III Revegetation Success Standards for Commercial Forest Land › Section 11-8-8-2-A-1-IV - Sampling Procedures

Current through June 25, 2024
A. Random Sampling
1. To assure that the samples truly represent
					 the vegetative characteristics of the whole release or reference area, the
					 permittee must use methods that will provide 1) a random selection of sampling
					 sites, 2) a sampling technique unaffected by the sampler's preference, and 3)
					 sufficient samples to represent the true mean of the vegetation
					 characteristics.
2. Sampling points
					 shall be randomly located by using a grid overlay on a map of the release or
					 reference area and by choosing horizontal and vertical coordinates as described
					 in Addendum A. Each sample point must fall within the release area boundaries
					 and be within an area having the vegetative cover type being measured.
					 Additionally, if the release area does not consist of a single unit, at least
					 one sample point must be measured in each noncontiguous unit.
3. The permittee shall notify the Office of
					 Geology ten days prior to conducting sampling or other harvesting operations to
					 allow any authorized representative of the Department an opportunity to monitor
					 the sampling 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 › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-1 - Phase III Revegetation Success Standards for Commercial Forest Land › Section 11-8-8-2-A-1-V - Data Analysis

Current through June 25, 2024
If the data show that revegetation success has been met,
						the permittee shall submit the data to the Department for review in the format
						shown in Addenda C and F within four months of collection.
When the data indicate that the average ground cover
						and/or tree and shrub average stocking density is insufficient, but close to
						the standards, the permittee may submit the calculations to the Department that
						demonstrates that the vegetation is acceptable when statistically compared to
						the standards using a 90 percent statistical confidence interval. Addenda E and
						H explain how the statistical analysis will be performed.
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 › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-1 - Phase III Revegetation Success Standards for Commercial Forest Land › Section 11-8-8-2-A-1-VI - Maps

Current through June 25, 2024
A. Whenever a new Phase III plan is submitted
					 to the Permit Board, it must be accompanied by maps showing the location of the
					 area proposed for release covered by the plan.
B. Whenever data from a previously approved
					 plan are submitted to the Permit Board, it must be accompanied by maps showing:
1. The location of each transect and sample
					 frame point.
2. The area covered by
					 the sampling.
3. All permit
					 boundaries.
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 › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-1 - Phase III Revegetation Success Standards for Commercial Forest Land › Section 11-8-8-2-A-1-VII - Mitigation Plan

Current through June 25, 2024
Ground cover must be greater than or equal to seventy
						percent coverage, and tree and shrub stocking must achieve the standards set in
						the permit, the fifth year following completion of the initial seeding. If they
						do not achieve these standards, the permittee must submit a mitigation plan to
						the Permit Board which includes the following:
1. a statement outlining the
					 problem;
2. a discussion of what
					 practices, beyond normal agronomic practices, the operator intends to use to
					 enable the area to finally meet the release standards; and
3. A new Phase III liability release plan.
If renovation, soil substitution or any other practice
						which constitutes augmentation is employed, the five-year responsibility period
						begins again.
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 › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-2 - Phase III Revegetation Success Standards for Cropland › Section 11-8-8-2-A-2-I - Introduction

Current through June 25, 2024
This policy describes the criteria and procedures for
						determining Phase III success standards for areas being restored to
						cropland.
Ground cover and soil productivity success of
						revegetation on cropland, shall be determined on the basis of crop production.
						The permittee is responsible for determining and measuring production, and
						submitting this data to the Department for evaluation. Procedures for making
						these determinations are described in this document.