Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Rule 11-8-2.4-45 - Procedures, Criteria and Schedule for Release of Performance Bond › Performance Bond Forfeiture Criteria and Procedures › Section 11-8-2.4-45-4703 - Procedures

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