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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3121 - Permit Terms

Current through June 25, 2024
(a) Each permit
					 shall be issued for a fixed term not to exceed five years, unless the
					 requirements of § 3121(c) are met.
(b) Each application shall state the
					 anticipated or actual starting and termination date of each phase of the
					 surface coal mining and reclamation operation and the anticipated number of
					 acres of land to be affected during each phase of mining over the life of the
					 mine.
(c) If the applicant requires
					 an initial permit term in excess of five years in order to obtain necessary
					 financing for equipment and the opening of the operation, the longer fixed
					 permit term may be granted by the Permit Board, if:
(1) the application is complete and accurate
					 for the specified longer term;
(2)
					 the applicant shows that a specified longer term is reasonably needed to allow
					 the applicant to obtain necessary financing of equipment and the opening of the
					 operation, and this need is confirmed, in writing, by the applicant's proposed
					 source for the financing.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3123 - Conditions of Permits: General and Right of Entry

Current through June 25, 2024
Each permit issued by the Permit Board shall ensure
						that:
(a) except to the extent that the
					 Permit Board otherwise directs in the permit that specific actions be taken,
					 the permittee shall conduct all surface coal mining and reclamation operations
					 as described in the complete application;
(b) the permittee shall allow the authorized
					 representatives of the Secretary of Interior, including, but not limited to,
					 inspectors and fee compliance officers, and the Department, without advance
					 notice or a search warrant, upon presentation of appropriate credentials, and
					 without delay, to have the rights of entry provided for in §
											53-9-51
					 of the act, and § 6305, and be accompanied by private persons for the
					 purpose of conducting an inspection in accordance with the act and Rule 63,
					 when the inspection is in response to an alleged violation reported to the
					 Department or OSM by the private person;
(c) the permittee shall conduct surface coal
					 mining and reclamation operations only on those lands specifically designated
					 on the maps submitted under the act and Rules 25-27 and approved for the term
					 of the permit and which are subject to the performance bond or other collateral
					 in effect pursuant to the act and Subchapter 2.4;
(d) the operator shall pay all reclamation
					 fees required by the act and Subchapter R of 30 CFR Chapter VII for coal
					 produced under the permit for sale, transfer or use, in the manner required by
					 that Subchapter;
(e) the Permit
					 Board shall require in the permit that adequate bond coverage be in effect at
					 all times;
(f) within 30 days after
					 a cessation order is issued under §
											53-9-69,
					 30 CFR 843.11 or
					 § 6501 for operations conducted under the permit, except where a stay of
					 the cessation order is granted and remains in effect, the permittee shall
					 either submit to the Department the following information, current to the date
					 the cessation order was issued, or notify the Department in writing that there
					 has been no change since the immediately preceding submittal of such
					 information:
(1) any new information needed
					 to correct or update the information previously submitted to the Department by
					 the permittee under the act and § 2305(c); or
(2) if not previously submitted, the
					 information required from a permit applicant by the act and §
					 2305(c).
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3125 - Conditions of Permits: Environment, Public Health and Safety

Current through June 25, 2024
Each permit issued by the Permit Board shall ensure and
						contain specific conditions requiring that the:
(a) permittee shall operate in accordance
					 with the general environmental protection standards promulgated under §
											53-9-45.
					 Permittee shall take all possible steps to minimize any adverse impact to the
					 environment or public health and safety resulting from noncompliance with any
					 term or condition of the permit, including, but not limited to:
(1) any accelerated or additional monitoring
					 necessary to determine the nature and extent of noncompliance and the results
					 of the noncompliance;
(2) immediate
					 implementation of measures necessary to comply;
(3) warning, as soon as possible after
					 learning of such noncompliance, any person whose health and safety is in
					 imminent danger due to the noncompliance;
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3127 - Initial Review and Finding Requirements for Improvidently Issued Permits

Current through June 25, 2024
(a) If the Permit
					 Board has reason to believe that it improvidently issued a permit, it must
					 review the circumstances under which the permit was issued. The Permit Board
					 will make a preliminary finding that the permit was improvidently issued if,
					 under the permit eligibility criteria of the applicable regulations
					 implementing section 510(c) of the federal Surface Mining Control and
					 Reclamation Act in effect at the time of permit issuance, the permit should not
					 have been issued because the permittee or the operator owned or controlled a
					 surface coal mining and reclamation operation with an unabated or uncorrected
					 violation.
(b) The Permit Board
					 will make a finding under paragraph (a) of this section only if the permittee
					 or the permittee's operator:
(1) Continue to
					 own or control the operation with the unabated or uncorrected
					 violation;
(2) The violation
					 remains unabated or uncorrected; and
(3) The violation would cause the permittee
					 to be ineligible under the permit eligibility criteria in our current
					 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 › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3128 - Notice Requirements for Improvidently Issued Permits

Current through June 25, 2024
(a) The Department must serve the permittee
					 with a written notice of proposed suspension or rescission, together with a
					 statement of the reasons for the proposed suspension or rescission, if:
(1) After considering any evidence submitted
					 under § 3127(d), the Department finds that a permit was improvidently
					 issued under the criteria in paragraphs (a) and (b) of § 3127;
					 or
(2) A permit was provisionally
					 issued under § 3113(b) and one or more of the conditions in §
					 3113(c)(1) through (4) exists.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3129 - Suspension or Rescission Requirements for Improvidently Issued Permits

Current through June 25, 2024
(a) Except as provided in paragraph (b) of
					 this section the Permit Board must suspend or rescind a permit upon expiration
					 of the time specified in § 3128(b) or (c) of this part unless the
					 permittee submits evidence and the board finds that:
(1) The violation has been abated or
					 corrected to the satisfaction of the agency with jurisdiction over the
					 violation;
(2) The permittee or the
					 permittee's operator no longer own or control the relevant operation;
(3) The Permit Board's finding for suspension
					 or rescission was in error;
(4) The
					 violation is the subject of a good faith administrative or judicial appeal
					 (unless there is an initial judicial decision affirming the violation, and that
					 decision remains in force);
(5) The
					 violation is the subject of an abatement plan or payment schedule that is being
					 met to the satisfaction of the agency with jurisdiction over the violation;
					 or
(6) The permittee is pursuing a
					 good faith challenge or administrative or judicial appeal of the relevant
					 ownership or control listing or finding (unless there is an initial judicial
					 decision affirming the listing or finding, and that decision remains in
					 force).
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3130 - Unanticipated Events or Conditions at Remining Sites

Current through June 25, 2024
(a) Applicants are eligible for a permit
					 under § 3102 if an unabated violation:
(1) Occurred after October 24, 1992;
					 and
(2) Resulted from an
					 unanticipated event or condition at a surface coal mining and reclamation
					 operation on lands that are eligible for remining under a permit that was held
					 by the person applying for the new permit.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3131 - Verification of Ownership or Control Application Information

Current through June 25, 2024
(a) In accordance with § 3115, prior to
					 the issuance of a permit, the Department shall review the information in the
					 application provided pursuant to § 2305 to determine that such
					 information, including the identification of the operator and all owners and
					 controllers of the operator, is complete. In making such determination, the
					 Department shall compare the information provided in the application with
					 information from other reasonably available sources, including-
(1) manual data sources within Mississippi,
					 including:
(A) the Department's inspection and
					 enforcement records, and
(B) State
					 Corporation Commission or tax records, to the extent they contain information
					 concerning ownership or control links; and
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3133 - Who May Challenge Ownership or Control Listings and Findings

Current through June 25, 2024
Anyone may challenge a listing or finding of ownership or
						control using the provisions under §§ 3135 and 3136 of these
						regulations if that person is:
(a)
					 Listed in a permit application or AVS as an owner or controller of an entire
					 surface coal mining operation, or any portion or aspect thereof:
(b) Found to be an owner or controller of an
					 entire surface coal mining operation, or any portion or aspect thereof, under
					 §§ 3127 or 3138(g) of these regulations; or
(c) An applicant or permittee affected by an
					 ownership or control listing or finding.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3135 - How to Challenge an Ownership or Control Listing or Finding

Current through June 25, 2024
This section applies to anyone who challenges an
						ownership or control listing or finding.
(a) To challenge an ownership or control
					 listing or finding, the person making the challenge must submit a written
					 explanation of the basis for the challenge, along with any evidence or
					 explanatory materials that person wishes to provide under § 3136(b) of
					 these regulations, to the Department, as identified in the following table.
If the challenge concerns:
Then the challenger must submit a written
								explanation to:
(1) a pending State or Federal permit application
the regulatory authority with jurisdiction over the
								application.
(2) your ownership or control of a surface coal
								mining operation, and you are not currently seeking a permit
the regulatory authority with jurisdiction over the
								surface coal mining operation.
(b) The provisions of this section and of
					 §§ 3136 and 3137 of these regulations apply only to challenges to
					 ownership or control listings or findings. No one may use these provisions to
					 challenge their liability or responsibility under any other provision of the
					 Act or its implementing regulations.
(c) When the challenge concerns a violation
					 under the jurisdiction of a different regulatory authority, the regulatory
					 authority with jurisdiction over the permit application or permit must consult
					 the regulatory authority with jurisdiction over the violation and the AVS
					 Office to obtain additional information.
(d) A regulatory authority responsible for
					 deciding a challenge under paragraph (a) of this section may request an
					 investigation by the AVS Office.
(e) At any time, anyone listed in AVS as an
					 owner or controller of a surface coal mining operation, may request an informal
					 explanation from the AVS Office as to the reason that person is shown in AVS in
					 an ownership or control capacity. Within 14 days of your request, the AVS
					 Office will provide a response describing why you are listed in AVS.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3136 - Burden of Proof for Ownership or Control Challenges

Current through June 25, 2024
This section applies to anyone who challenges their
						ownership or control listing or finding.
(a) When anyone challenges a listing of
					 ownership or control, or a finding of ownership or control made under §
					 3138(g) of this chapter, that person must prove by a preponderance of the
					 evidence that they either:
(1) Do not own or
					 control the entire surface coal mining operation or relevant portion or aspect
					 thereof; or
(2) Did not own or
					 control the entire surface coal mining operation or relevant portion or aspect
					 thereof during the relevant time period.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3137 - Written Agency Decision on Challenges to Ownership or Control Listings or Findings

Current through June 25, 2024
(a) Within 60 days
					 of receipt of a challenge under § 3135(a) of these regulations, the Permit
					 Board will review and investigate the evidence and explanatory materials
					 submitted and any other reasonably available information bearing on the
					 challenge and issue a written Order. The Permit Board's decision must state
					 whether the person submitting the challenge owns or controls the relevant
					 surface coal mining operation, or owned or controlled the operation, during the
					 relevant time period.
(b) The
					 Permit Board will promptly provide the person making the challenge with a copy
					 of its decision by either:
(1) Certified mail,
					 return receipt requested; or
(2)
					 Any means consistent with the rules governing service of a summons and
					 complaint under Rule 4 of the Mississippi Rules of Civil Procedure.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3138 - Post-Permit Issuance Requirements for Regulatory Authorities and Other Actions Based on Ownership, Control, and Violation Information

Current through June 25, 2024
(a) For the purposes of future permit
					 eligibility determinations and enforcement actions, the Department must enter
					 into AVS the data shown in the following table.
The Department must ensure entry into AVS of all:
within 30 days after:
(1) permit records
the permit is issued or subsequent changes are made
(2) unabated or uncorrected violations
the abatement or correction period for a violation
								expires
(3) changes to information initially required to be
								provided by an applicant under § 2305
receiving notice of a change
(4) changes in violation status
abatement, correction, or termination of a
								violation, or a decision from an administrative or judicial tribunal
(b) If, at any time, the Department discovers
					 that any person owns or controls an operation with an unabated or uncorrected
					 violation, the Department will determine whether enforcement action is
					 appropriate under rules 65, 69, and 73 of these regulations. The Department
					 must ensure entry of the results of each enforcement action, including
					 administrative and judicial decisions, into AVS.
(c) The Department must serve a preliminary
					 finding of permanent permit ineligibility under § 510(c) of the federal
					 Surface Mining Control and Reclamation Act on an applicant or operator if the
					 criteria in paragraphs (c) (1) and (2) are met. In making a finding under this
					 paragraph, the Department will only consider control relationships and
					 violations which would make, or would have made, an applicant or operator
					 ineligible for a permit under § 3102 (a) and (c). The Department must make
					 a preliminary finding of permanent permit ineligibility if it finds that:
(1) The applicant or operator controls or has
					 controlled surface coal mining and reclamation operations with a demonstrated
					 pattern of willful violations under § 510(c) of the federal Surface Mining
					 Control and Reclamation Act: and
(2) The violations are of such nature and
					 duration with such resulting irreparable damage to the environment as to
					 indicate the applicant's or operator's intent not to comply with the Act, its
					 implementing regulations, the regulatory program, or the permittee's
					 permit.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section 11-8-2.3-31-3139 - Post-Permit Issuance Requirements for Permittees

Current through June 25, 2024
(a)
					 Within 30 days after the issuance of a cessation order under § 6501, the
					 permittee must provide or update all the information required under §
					 2305.
(b) The permittee does not
					 have to submit information under paragraph (a) of this section if a court of
					 competent jurisdiction grants a stay of the cessation order and the stay
					 remains in effect.
(c) Within 60
					 days of any addition, departure, or change in position of any person identified
					 in § 2305(f), the permittee must provide:
(1) the information required under §
					 2305 (f)(1)(F)(1)-(4); and
(2) the
					 date of any departure.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-33 - Administrative and Judicial Review of Permit Decisions › Section 11-8-2.3-33-3301 - Formal Hearing

Current through June 25, 2024
(a) Within
					 forty-five (45) days after the action of the Permit Board, as recorded in the
					 minutes of the Permit Board, the applicant or any other interested party may
					 request a formal hearing concerning the action. The Permit Board shall commence
					 the hearing within 60 days after receipt of the first request for a formal
					 hearing. This hearing shall be of record, adjudicatory in nature, and no person
					 who presided at public hearing under §
											53-9-37
					 of the act and § 3109 shall either preside at the hearing, or participate
					 in the decision following the hearing, or in any administrative appeal
					 therefrom. The Permit Board shall have the burden of going forward to present a
					 prima facie case of the validity of the decision. The person filing the request
					 for review shall have the ultimate burden of persuasion by a preponderance of
					 the evidence that the decision is in error.
(b) Any party may file a petition for
					 temporary relief from the Permit Board's action in conjunction with the filing
					 of the request for a formal hearing or at any time before a final decision is
					 issued by the Permit Board after a formal hearing.
(1) The petition for temporary relief shall
					 be filed with the Executive Director. The petition for temporary relief shall
					 include:
(A) A statement of the specific
					 relief requested;
(B) A detailed
					 statement of why temporary relief should be granted, including:
(i) A showing that there is a substantial
					 likelihood that the petitioner will prevail on the merits, and
(ii) A showing that the relief sought will
					 not adversely affect the public health or safety or cause significant, imminent
					 environmental harm to land, air or water resources; and
(C) A statement whether the petitioner
					 requests a formal hearing regarding the petition for temporary
					 relief.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-33 - Administrative and Judicial Review of Permit Decisions › Section 11-8-2.3-33-3303 - Judicial Review

Current through June 25, 2024
(a) Any applicant
					 or any person who participated as a party in the formal hearing and who is
					 aggrieved by the final action of the Permit Board may appeal that action in
					 accordance with §
											53-9-77.
Miss. Code Ann.
						§§
												53-9-33,
						53-9-37,
						53-9-77
						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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-35 - Permit Reviews and Renewals, and Transfer, Sale and Assignment of Rights Granted Under Permits › Section 11-8-2.3-35-3501 - Responsibilities

Current through June 25, 2024
The Department shall:
(a) recommend the modification of permits, or
					 the denial of applications therefor, and shall administratively process
					 revisions to permits prior to changes in surface coal mining and reclamation
					 operations;
(b) ensure that all
					 permits are regularly reviewed to determine that surface coal mining and
					 reclamation operations under these permits are conducted in compliance with the
					 act and these regulations;
(c)
					 effectively review applications to renew existing permits, in a timely manner,
					 to ensure that surface coal mining and reclamation operations continue, if they
					 comply with the act and these regulations;
(d) ensure that no person conducts surface
					 coal mining and reclamation operations through the transfer, sale or assignment
					 of rights granted under permits without the prior approval of 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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-35 - Permit Reviews and Renewals, and Transfer, Sale and Assignment of Rights Granted Under Permits › Section 11-8-2.3-35-3503 - Department Review of Outstanding Permits

Current through June 25, 2024
(a) The
					 Department shall review each permit issued and outstanding under an approved
					 regulatory program during the term of the permit. This review shall occur not
					 later than the middle of the permit term and as required by §§ 2901
					 and 2905. For permits of longer than five year terms, a review of the permit
					 shall be no less frequent than the permit midterm or every five years,
					 whichever is more frequent.
(b)
					 After the Department's review, the Department may recommend to the Permit
					 Board, reasonable modifications of the permit provisions or revocation of a
					 permit to ensure compliance with the act and these 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 › Subchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-35 - Permit Reviews and Renewals, and Transfer, Sale and Assignment of Rights Granted Under Permits › Section 11-8-2.3-35-3505 - Permit Modifications and Revisions

Current through June 25, 2024
(a)
					 Applications for permit modifications, as defined in these regulations, shall
					 be made and reviewed in accordance with Rules 31 and 35 of these regulations.
					 Public participation and review shall be as stated in Rule 31 of these
					 regulations.
(b) An application for
					 a revision of a permit, as defined in these regulations, shall be submitted on
					 forms or in a form as determined by the Department. The application shall
					 include all information requested by the Department, and shall not be approved
					 unless the Executive Director finds the reclamation as required by the act
					 these regulations can be accomplished under the revised reclamation plan and
					 revision complies with all requirements of the act and these regulations. The
					 revision shall be granted or denied by the executive director within ten (10)
					 days of receipt by the Department of a complete application for the revision. A
					 decision by the executive director to grant or deny a revision of a permit
					 shall be subject to formal hearing and appeal as would an initial decision of
					 the Permit Board under §
											49-17-29.
(c) Any extensions to the area covered by the
					 permit, except for incidental boundary revisions, must be made by application
					 for a new permit and shall not be approved under §
											53-9-35
					 of the act nor this Rule. A revision shall not be considered a
					 modification.
(d) In the event that
					 an approved permit is modified in accordance with this Section, the Permit
					 Board shall review the bond for adequacy and, if necessary, shall require
					 adjustment of the bond to conform to the permit as modified.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-35 - Permit Reviews and Renewals, and Transfer, Sale and Assignment of Rights Granted Under Permits › Section 11-8-2.3-35-3507 - Permit Renewals: General Requirements

Current through June 25, 2024
(a) Any valid,
					 existing permit issued pursuant to a regulatory program shall carry with it the
					 right of successive renewal upon expiration of the term of the permit, in
					 accordance with §
											53-9-23
					 of the act and §§ 3507-3513. Successive renewal shall be available
					 only for those areas which were specifically approved by the Permit Board on
					 the application for the existing permit as within the boundaries of the
					 permit.
(b) Permit renewal shall
					 not be available for conducting surface coal mining and reclamation operations
					 on the lands beyond the boundaries of the permit area approved under the
					 existing permit. If an application for reissuance of a permit includes a
					 proposal to extend the surface coal mining operation beyond the boundaries
					 authorized in the existing permit, the portion of the application for
					 reissuance of the permit which addresses any new land areas shall be subject to
					 the requirements applicable to new applications under the act and these
					 regulations.
(c) Application for
					 permit reissuance shall be filed at least one hundred and eighty (180) days
					 before the expiration of the permit. If an application for reissuance is timely
					 filed, the operator may continue surface coal mining operations under the
					 existing permit until the Permit Board takes action on the reissuance
					 application.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-35 - Permit Reviews and Renewals, and Transfer, Sale and Assignment of Rights Granted Under Permits › Section 11-8-2.3-35-3509 - Permit Renewals: Completed Applications

Current through June 25, 2024
(a)
					 Contents. Complete applications for renewals of a permit shall be made within
					 the time prescribed by the act, §§ 1905 and 3507(c). Renewal
					 applications shall be in a form and with contents required by the Department
					 and in accordance with the act and § 3509(b)(2) including, at a minimum,
					 the following:
(1) a statement of the name
					 and address of the permittee, the term of the renewal requested, the permit
					 number, and a description of any changes to the matters set forth in the
					 original application for a permit or prior renewal;
(2) a copy of the newspaper notice and proof
					 of publication of same under §
												53-9-37
					 of the act and § 3103(a);
(3)
					 sufficient evidence that the performance bond or any additional collateral the
					 Permit Board may require under §
												53-9-31,
					 which is in effect for the operation in question, will continue in full force
					 and effect for any period of reissuance requested in the application;
					 and
(4) evidence that a liability
					 insurance policy or adequate self-insurance under § 4309 will be provided
					 by the applicant for the proposed period of renewal.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-35 - Permit Reviews and Renewals, and Transfer, Sale and Assignment of Rights Granted Under Permits › Section 11-8-2.3-35-3511 - Permit Renewals: Terms

Current through June 25, 2024
Any permit renewal shall be for a term not to exceed five
						(5) years.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-35 - Permit Reviews and Renewals, and Transfer, Sale and Assignment of Rights Granted Under Permits › Section 11-8-2.3-35-3513 - Permit Renewals: Approval or Denial

Current through June 25, 2024
(a) The permit
					 shall be reissued after meeting the public notice requirements of §
											53-9-37,
					 unless it is established by the opponents to reissuance or the Department, and
					 written findings are made by the Permit Board stating that:
(1) the permittee is not satisfactorily
					 meeting the terms and conditions of the existing permit;
(2) the present surface coal mining and
					 reclamation operation is not in compliance with the environmental protection
					 standards under the act and these regulations applicable to the existing
					 permit;
(3) the requested
					 reissuance substantially jeopardizes the operator's continuing responsibility
					 to comply with the act and these regulations on existing permit
					 areas;
(4) the operator has not
					 provided evidence of having liability insurance or self-insurance as required
					 in under §
												53-9-25(2)(b)
					  and § 4309;
(5) the operator has not provided evidence
					 that the performance bond, or any additional bond the Permit Board may require
					 under §
												53-9-31
					 of the act and Subchapter 2.4, which is in effect for the operation in
					 question, will continue in full force and effect for any period of reissuance
					 requested in the application; or
(6) the operator has failed to provide any
					 additional revised or updated information required by the Department or 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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-35 - Permit Reviews and Renewals, and Transfer, Sale and Assignment of Rights Granted Under Permits › Section 11-8-2.3-35-3515 - Transfer, Assignment or Sale of Permit Rights: General Requirements

Current through June 25, 2024
No transfer, assignment, or sale of the rights granted
						under any permit issued pursuant to this regulatory program shall be made
						without the prior written approval of the Permit Board in the form of a new
						permit issued in the name of the transferee, in accordance with §
											53-9-21
						of the act and §§ 3515-3517.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-35 - Permit Reviews and Renewals, and Transfer, Sale and Assignment of Rights Granted Under Permits › Section 11-8-2.3-35-3517 - Transfer, Assignment or Sale of Permit Rights: Obtaining Approval

Current through June 25, 2024
(a) A successor in interest to a permittee
					 who applies for a new permit within thirty (30) days of succeeding to that
					 interest, and who is able to obtain the bond coverage of the original
					 permittee, pursuant to §
											53-9-31
					 of the act and Subchapter 2.4, may continue surface coal mining and reclamation
					 operations according to the approved mining and reclamation plan of the
					 original permittee until the Permit Board takes action on the successor's
					 application. Any person seeking to succeed by transfer, assignment or sale to
					 the rights granted by a permit issued under this regulatory program shall,
					 prior to the date of such transfer, assignment or sale:
(1) obtain appropriate performance bond
					 coverage in an amount sufficient to cover the proposed operations, as required
					 under Subchapter 2.4;
(2) provide
					 the Permit Board with an application for approval of such proposed transfer,
					 assignment or sale, including:
(A) the name
					 and address of the existing permittee and permit number;
(B) a brief description of the proposed
					 action requiring approval;
(C) for
					 surface mining activities, the same information as is required by the act and
					 §§ 2305, 2307, 2309, 2311(b), 2315 and 2317 for applications for new
					 permits for those activities; and
(3) obtain the written approval of the Permit
					 Board for transfer, assignment or sale of rights, according to the act and
					 § 3517(c).
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-37 - Small Operator Assistance › Section 11-8-2.3-37-3701 - Authority

Current through June 25, 2024
The Department shall provide financial and other
						assistance under §
											53-9-26
						of the act subject to the availability of federal or other special funds for
						that purpose.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-37 - Small Operator Assistance › Section 11-8-2.3-37-3703 - Responsibilities: General

Current through June 25, 2024
The State Geologist shall:
(a) review requests for assistance and
					 determine qualified operators;
(b)
					 develop and maintain a list of qualified laboratories, and select and pay
					 laboratories for services rendered;
(c) conduct periodic on-site evaluations of
					 the Mississippi surface mining program activities with the appropriate small
					 operator; and
(d) participate with
					 the Office of Surface Mining in data coordination activities with the U.S.
					 Geological Survey, U.S. Environmental Protection Agency, and other appropriate
					 agencies or institutions.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-37 - Small Operator Assistance › Section 11-8-2.3-37-3705 - Eligibility for Assistance

Current through June 25, 2024
An applicant is eligible for assistance if he or
						she:
(a) intends to apply for a permit
					 pursuant to the act;
(b)
					 establishes that his or her probable total attributed annual production from
					 all locations on which the operator is issued the surface coal mining and
					 reclamation permit will not exceed 300,000 tons. Production from the following
					 operations shall be attributed to the applicant:
(1) the pro rata share, based upon percentage
					 of ownership of the applicant, of coal produced by operations in which the
					 applicant owns more than a 10 percent interest;
(2) the pro rata share, based upon percentage
					 of ownership of the applicant, of coal produced in other operations by persons
					 who own more than 10 percent of the applicant's operation;
(3) all coal produced by operations owned by
					 persons who directly or indirectly control the applicant by reason of direction
					 of the management; and
(4) all coal
					 produced by operations owned by members of the applicant's family and the
					 applicant's relatives, unless it is established that there is no direct or
					 indirect business relationship between or among them;
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-37 - Small Operator Assistance › Section 11-8-2.3-37-3707 - Filing for Assistance

Current through June 25, 2024
Each applicant shall submit the following information to
						the State Geologist at any time after initiation of the Small Operator
						Assistance Program within the state:
(a) a statement of intent to file permit
					 applications;
(b) the names and
					 addresses of:
(1) the potential permit
					 applicant; and
(2) the potential
					 operator if different from the applicant.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-37 - Small Operator Assistance › Section 11-8-2.3-37-3709 - Application Approval and Notice

Current through June 25, 2024
(a) If the State
					 Geologist determines that the applicant is eligible, he or she shall so
					 recommend to the Commission, and shall inform the applicant in writing of his
					 or her determination. The State Geologist will place the application on the
					 agenda of a future Commission meeting for the Commission's consideration, and
					 shall inform the applicant of the time and place of the Commission meeting. The
					 Commission shall then determine the eligibility of the applicant.
(b) If the State Geologist finds the
					 applicant ineligible, he or she shall inform the applicant in writing that the
					 application is denied and shall state the reasons for denial. The determination
					 of the State Geologist to deny the application shall be subject to review by
					 the Commission at the request of the applicant.
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 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems › Rule 11-8-2.3-37 - Small Operator Assistance › Section 11-8-2.3-37-3711 - Program Services and Data Requirements

Current through June 25, 2024
(a) To the
					 extent possible with available funds, the State Geologist shall select and pay
					 a qualified laboratory to make the determination and statement and provide
					 other services referenced in § 3711(b) for eligible operators who request
					 assistance.
(b) The State Geologist
					 shall determine the data needed for each applicant or group of applicants. Data
					 collected and the results provided to the State Geologist and the Department
					 shall be sufficient to satisfy the requirements for:
(1) the determination of the probable
					 hydrologic consequences of the surface mining and reclamation operations in the
					 proposed permit area and adjacent areas, including the engineering analyses and
					 designs necessary for the determination in accordance with § 2523, and any
					 other applicable provisions of these regulations; and
(2) the drilling and statement of the results
					 of test borings or core samplings for the proposed permit area in accordance
					 with § 2509(b) and any other applicable regulations.
(3) the development of cross-section maps and
					 plans required by § 2537;
(4)
					 the collection of archaeological and historic information and related plans
					 required by §§ 2505 and 2731 and any other archaeological and
					 historic information required by the Department;
(5) pre-blast surveys required by §
					 2707; and
(6) the collection of
					 site-specific resources information, the production of protection and
					 enhancement plans for fish and wildlife habitats required by § 2713, and
					 information and plans for any other environmental values required by the
					 Department under the act.