reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5387 - Contemporaneous Reclamation

Current through June 25, 2024
Reclamation efforts, including but not limited to
						backfilling, grading, topsoil replacement, and revegetation, on all land that
						is disturbed by surface mining activities shall occur as contemporaneously as
						practicable with mining operations.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5389 - Backfilling and Grading: Time and Distance Requirements

Current through June 25, 2024
(a) Except as provided in § 5389(b) of
					 this section, rough backfilling and grading for surface mining activities shall
					 be completed according to one of the following schedules:
(1) Contour mining. Within 60 days or 1,500
					 linear feet following coal removal; or
(2) Area mining. Within 180 days following
					 coal removal, and not more than four spoil ridges behind the pit being worked,
					 the spoil from the active pit constituting the first ridge.
(3) Other Surface Mining Methods. Rough
					 backfilling and grading shall occur in accordance with the time schedule
					 approved by the Permit Board, on the basis of the materials submitted under
					 § 2715, which shall specifically establish in stated increments the period
					 between surface mining activities and completion of back filling and
					 grading.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5391 - Backfilling and Grading: General Grading Requirements

Current through June 25, 2024
(a) Disturbed areas shall be backfilled and
					 graded to:
(1) Achieve the approximate
					 original contour, except as provided in § 5391(k);
(2) Eliminate all highwalls, spoil piles, and
					 depressions, except as provided in § 5391(h) (small depressions) and in
					 § 5391(k)(3)(iii) (previously mined highwalls) of this section;
(3) Achieve a postmining slope that does not
					 exceed either the angle of repose or such lesser slope as is necessary to
					 achieve a minimum long-term static safety factor of 1.3 and to prevent
					 slides;
(4) Minimize erosion and
					 water pollution both on and off the site; and
(5) Support the approved postmining land
					 use.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5393 - Backfilling and Grading: Thin Overburden

Current through June 25, 2024
(a) Definition.
					 Thin overburden means insufficient spoil and other waste materials available
					 from the entire permit area to restore the disturbed area to its approximate
					 original contour. Insufficient spoil and other waste materials occur where the
					 overburden thickness times the swell factor, plus the thickness of other
					 available waste materials, is less than the combined thickness of the
					 overburden and coal bed prior to removing the coal, so that after backfilling
					 and grading the surface configuration of the reclaimed area would not:
(1) Closely resemble the surface
					 configuration of the land prior to mining; or
(2) Blend into and complement the drainage
					 pattern of the surrounding terrain.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5395 - Backfilling and Grading: Thick Overburden

Current through June 25, 2024
(a) Definition.
					 Thick overburden means more than sufficient spoil and other waste materials
					 available from the entire permit area to restore the disturbed area to its
					 approximate original contour. More than sufficient spoil and other waste
					 materials occur where the overburden thickness times the swell factor exceeds
					 the combined thickness of the overburden and coal bed prior to removing the
					 coal, so that after backfilling and grading the surface configuration of the
					 reclaimed area would not:
(1) Closely resemble
					 the surface configuration of the land prior to mining; or
(2) Blend into and complement the drainage
					 pattern of the surrounding terrain.
The provisions of this Section apply only when surface
						mining activities cannot be carried out to comply with § 5391 to achieve
						the approximate original contour.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5396 - Backfilling and Grading: Previously Mined Areas

Current through June 25, 2024
(a)
					 Remining operations on previously mined areas that contain a preexisting
					 highwall shall comply with § 5391 through § 5396 and § 5703,
					 except as provided in this section.
(b) The requirements of § 5391(a)(1) and
					 (2) requiring the elimination of highwalls shall not apply to remining
					 operations where the volume of all reasonably available spoil is demonstrated
					 in writing to the Department to be insufficient to completely backfill the
					 reaffected or enlarged highwall, The highwall shall be eliminated to the
					 maximum extent technically practical in accordance with the following criteria:
(1) All spoil generated by the remining
					 operation and any other reasonably available spoil shall be used to backfill
					 the area. Reasonably available spoil in the immediate vicinity of the remining
					 operation shall be included within the permit area.
(2) The backfill shall be graded to a slope
					 which is compatible with the approved postmining land use and which provides
					 adequate drainage and long-term stability.
(3) Any highwall remnant shall be stable and
					 not pose a hazard to the public health and safety or to the environment. The
					 operator shall demonstrate, to the satisfaction of the Department, that the
					 highwall remnant is stable.
(4)
					 Spoil placed on the outslope during previous mining operations shall not be
					 disturbed if such disturbance shall cause instability of the remaining spoil or
					 otherwise increase the hazard to the public health and safety or to the
					 environment.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5397 - Revegetation: General Requirements

Current through June 25, 2024
(a) Each person who
					 conducts surface mining activities shall establish on regraded areas and on all
					 other disturbed areas, except water areas and surface areas of roads that are
					 approved as part of the post-mining land use, a vegetative cover that is in
					 accordance with the approved permit and reclamation plan and that is:
(1) diverse, effective and
					 permanent;
(2) comprised of species
					 native to the area, or of introduced species where desirable and necessary to
					 achieve the approved post-mining land use and approved by the Permit
					 Board;
(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 › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5399 - Revegetation: Timing

Current through June 25, 2024
Disturbed areas shall be planted during the first normal
						period for favorable planting conditions after replacement of the plant-growth
						medium. The normal period for favorable planting is that planting time
						generally accepted locally for the type of plant materials selected. When
						necessary to effectively control erosion, any disturbed area shall be seeded
						and planted, as contemporaneously as practicable with the completion of
						backfilling and grading, with a temporary cover of small grains, grasses or
						legumes until a permanent cover is established.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-53101 - Revegetation: Mulching and Other Soil Stabilizing Practices

Current through June 25, 2024
(a) Suitable mulch and other soil stabilizing
					 practices shall be used on all regraded and topsoiled areas to control erosion,
					 promote germination of seeds, or increase the moisture retention capacity of
					 the soil. The Permit Board may waive this requirement if seasonal, soil, or
					 slope factors result in a condition where mulch and other soil stabilizing
					 practices are not necessary to control erosion and to promptly establish an
					 effective vegetative cover.
(b)
					 When required by the Permit Board, mulches shall be mechanically or chemically
					 anchored to the soil surface to assure effective protection of the soil and
					 vegetation.
(c) Annual grasses and
					 grains may be used alone, as in situ mulch, or in conjunction with another
					 mulch, when the Permit Board determines that they will provide adequate soil
					 erosion control and will later be replaced by perennial species approved for
					 the post-mining land use.
(d)
					 Chemical soil stabilizers alone, or in combination with appropriate mulches,
					 may be used in conjunction with vegetative covers approved for the post-mining
					 land use.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-53105 - Cessation of Operations: Temporary

Current through June 25, 2024
(a) Each person who
					 conducts surface mining activities shall effectively secure surface facilities
					 in areas in which there are no current operations, but in which operations are
					 to be resumed under an approved permit. Temporary abandonment shall not relieve
					 a person of his, her, or its obligation to comply with any provisions of the
					 approved permit.
(b) Before
					 temporary cessation of mining and reclamation operations for a period of 30
					 days or more, or as soon as it is known that a temporary cessation will extend
					 beyond 30 days, persons who conduct surface mining activities shall submit to
					 the Department a notice of intention to cease or abandon mining and reclamation
					 operations. This notice shall include a statement of the exact number of acres
					 which will have been affected in the permit area prior to such temporary
					 cessation, the extent and kind of reclamation of those areas which will have
					 been accomplished and identification of the backfilling, regrading,
					 revegetation, environmental monitoring and water treatment activities that will
					 continue during the temporary cessation.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-53107 - Cessation of Operations: Permanent

Current through June 25, 2024
(a) Persons who
					 cease surface mining activities permanently shall close, backfill or otherwise
					 permanently reclaim all affected areas, in accordance with these regulations
					 and the permit approved by the Permit Board.
(b) All underground openings, equipment,
					 structures or other facilities not required for monitoring, unless approved by
					 the Permit Board as suitable for the post-mining land use or environmental
					 monitoring, shall be removed and the affected land reclaimed.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-53109 - Post-Mining Land Use

Current through June 25, 2024
(a) General. All
					 affected areas shall be restored in a timely manner to conditions that are
					 capable of supporting the uses which they were capable of supporting before any
					 mining, or to higher or better uses achievable under the criteria and
					 procedures of this Section.
(b)
					 Determining Premining Use of Land. The premining uses of land to which the
					 post-mining land use is compared shall be those uses which the land previously
					 supported, if the land has not been previously mined and has been properly
					 managed. The post-mining land use for land that has been previously mined and
					 not reclaimed shall be judged on the basis of the land use that existed prior
					 to any mining, provided that, if the land cannot be reclaimed to the land use
					 that existed prior to any mining because of the previously mined condition, the
					 post-mining land use shall be judged on the basis of the highest and best use
					 that can be achieved which is compatible with surrounding areas and does not
					 require the disturbance of areas previously unaffected by mining.
(c) Criteria for alternative postmining land
					 uses. Higher or better uses may be approved by the Permit Board as alternative
					 postmining land uses after consultation with the landowner or the land
					 management agency having jurisdiction over the lands, if the proposed uses meet
					 the following criteria:
(1) There is a
					 reasonable likelihood for achievement of the use.
(2) The use does not present any actual or
					 probable hazard to public health or safety, or threat of water diminution or
					 pollution.
(3) The use will not--
(A) Be impractical or unreasonable;
(B) Be inconsistent with applicable land use
					 policies or plans;
(C) Involve
					 unreasonable delay in implementation; or
(D) Cause or contribute to violation of
					 Federal, State, or local 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 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-53111 - Roads: General

Current through June 25, 2024
(a) Road
					 Classification System
(1) Each road, as
					 defined in § 105, shall be classified as either a primary road or an
					 ancillary road.
(2) A primary road
					 is any road which is:
(A) used for
					 transporting coal or spoil;
(B)
					 frequently used for access or other purposes for a period in excess of six
					 months; or
(C) to be retained for
					 an approved post-mining land use.
(3) An ancillary road is any road not
					 classified as a primary road.
(4) A
					 limited use vehicular pathway is not classified as a road if it meets all the
					 following:
(i) the pathway has no improved
					 roadbed, which means it has no constructed crown, compacted base, roadway
					 ditches, or surface material added to enhance use as a pathway which precludes
					 vegetation;
(ii) the pathway has no
					 bridges or other cross-drainage structures;
(iii) the pathway is not located in and/or
					 does not cross or ford any channel of an intermittent or perennial
					 stream;
(iv) the pathway has only
					 limited clearing, if any, of woody vegetation, typically wide enough only for
					 the safe passage of one vehicle;
(v) the pathway is located so as to control
					 erosion and siltation; and
(vi)
					 maintenance of the pathway is limited to maintenance consisting only of the
					 occasional filling of potholes and ruts in order to remain passable.
(5) A limited use vehicular
					 pathway:
(i) shall be reclaimed with
					 vegetation sufficient to prevent erosion prior to phase II bond
					 release;
(ii) along with the area
					 it disturbs, is a mining related activity and must be covered by an appropriate
					 reclamation bond;
(iii) will be
					 reclassified as a road if upgraded by construction activities such as blading,
					 construction, placement of a compacted surface, cut and fill of the natural
					 grade, construction of drainage ditches or low water crossings, or installation
					 of drainage structures. The submittal and approval of plans and drawings
					 required by these regulations must be completed prior to the upgrading of a
					 limited use vehicular pathway.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-53113 - Primary Roads

Current through June 25, 2024
Primary roads shall meet the requirements of § 53111
						and the additional requirements of this Section.
(a) Certification. The construction or
					 reconstruction of primary roads shall be certified in a report to the
					 Department by a qualified, registered professional engineer. The report shall
					 indicate that the primary road has been constructed or reconstructed as
					 designed and in accordance with the approved plan.
(b) Safety Factor. Each primary road
					 embankment shall have a minimum static factor of 1.3 or meet the requirements
					 established under § 2737(c).
(c) Location
(1) To minimize erosion, a primary road shall
					 be located, insofar as is practicable, on the most stable available
					 surface.
(2) Fords of perennial or
					 intermittent streams by primary roads are prohibited unless they are
					 specifically approved by the Permit Board as temporary routes during periods of
					 road construction.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-53115 - Utility Installations

Current through June 25, 2024
All surface coal mining operations shall be conducted in
						a manner which minimizes damage, destruction, or disruption of services
						provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines;
						railroads; electric and telephone lines; and water and sewage lines which pass
						over, under, or through the permit area, unless otherwise approved by the owner
						of those facilities and 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 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-53117 - Support Facilities

Current through June 25, 2024
(a) Support
					 facilities shall be operated in accordance with a permit issued for the mine or
					 coal preparation operation to which it is incident or from which its operation
					 results.
(b) In addition to the
					 other provisions of this part, support facilities shall be located, maintained,
					 and used in a manner that--
(1) Prevents or
					 controls erosion and siltation, water pollution, and damage to public or
					 private property; and
(2) To the
					 extent possible using the best technology currently available--
(A) Minimizes damage to fish, wildlife, and
					 related environmental values; and
(B) Minimizes additional contributions of
					 suspended solids to streamflow or runoff outside the permit area. Any such
					 contributions shall not be in excess of limitations of State or Federal
					 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 11-8-2.5-55 - Special Permanent Program Performance Standards Farmland › Section 11-8-2.5-55-5501 - Prime Farmland: Scope and Purpose

Current through June 25, 2024
This part sets forth special environmental protection
						performance, reclamation, and design standards for surface coal mining and
						reclamation operations on prime farmland.
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 11-8-2.5-55 - Special Permanent Program Performance Standards Farmland › Section 11-8-2.5-55-5503 - Prime Farmland: Soil Removal and Stockpiling

Current through June 25, 2024
(a)
					 Prime farmland soils shall be removed from the areas to be disturbed before
					 drilling, blasting, or mining.
(b)
					 The minimum depth of soil and soil materials to be removed and stored for use
					 in the reconstruction of prime farmland shall be sufficient to meet the
					 requirements of § 5311 and § 5507 of this Rule.
(c) Soil removal and stockpiling operations
					 on prime farmland shall be conducted to:
(1)
					 Separately remove the topsoil, or remove other suitable soil materials where
					 such other soil materials will create a final soil having a greater productive
					 capacity than that which existed prior to mining. If not utilized immediately,
					 this material shall be placed in stockpiles separate from the spoil and all
					 other excavated materials; and
(2)
					 Separately remove the B or C soil horizon or other suitable soil material to
					 provide the thickness of suitable soil required by § 5311 and § 5507
					 of this Rule, except as approved by the Department where the B or C soil
					 horizons would not otherwise be removed and where soil capabilities can be
					 retained. If not utilized immediately, each horizon or other material shall be
					 stockpiled separately from the spoil and all other excavated materials. Where
					 combinations of such soil materials created by mixing have been shown to be
					 equally or more favorable for plant growth than the B horizon, separate
					 handling is not necessary.
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 11-8-2.5-55 - Special Permanent Program Performance Standards Farmland › Section 11-8-2.5-55-5505 - Prime Farmland: Soil Replacement

Current through June 25, 2024
Surface coal mining and reclamation operations on prime
						farmland shall be conducted according to the following:
(a) The minimum depth of soil and substitute
					 soil material to be reconstructed shall be 48 inches, or a lesser depth equal
					 to the depth to a subsurface horizon in the natural soil that inhibits or
					 prevents root penetration, or a greater depth if determined necessary to
					 restore the original soil productive capacity. Soil horizons shall be
					 considered as inhibiting or preventing root penetration if their physical or
					 chemical properties or water-supplying capacities cause them to restrict or
					 prevent penetration by roots of plants common to the vicinity of the permit
					 area and if these properties or capacities have little or no beneficial effect
					 on soil productivity capacity.
(b)
					 Replace soil material only on land which has been first returned to final grade
					 and scarified according to §§ 5389-5395 unless site-specific evidence
					 is provided and approved by the Permit Board showing that scarification will
					 not enhance the capability of the reconstructed soil to achieve equivalent or
					 higher levels of yield.
(c) Replace
					 and regrade the soil horizons or other suitable soil material with proper
					 compaction and uniform depth.
(d)
					 Replace the B horizon, C horizon, or other suitable material specified in
					 § 5503 (c) to the thickness needed to meet the requirements of § 5505
					 (a). In those areas where the B or C horizons were not removed but may have
					 been compacted or otherwise damaged during the mining operation, the operator
					 shall engage in deep tilling or other appropriate means to restore pre-mining
					 capabilities.
(e) The operator
					 shall replace the topsoil or other suitable soil materials specified in §
					 5503 (c) (1) as the final surface soil layer. This surface soil layer shall
					 equal or exceed the thickness of the original surface soil layer, as determined
					 by the soil survey.
(f) Apply
					 nutrients and soil amendments as needed to quickly establish vegetative
					 growth.
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 11-8-2.5-57 - Special Permanent Program Performance Standards › Section 11-8-2.5-57-5701 - Applicability

Current through June 25, 2024
(a) Any surface coal mining and reclamation
					 operations on steep slopes shall meet the requirements of this Rule.
(b) The standards of this Rule do not apply
					 to mining conducted on a flat or gently rolling terrain with an occasional
					 steep slope through which the mining proceeds and leaves a plain or
					 predominantly flat area.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-57 - Special Permanent Program Performance Standards › Section 11-8-2.5-57-5703 - Steep Slopes: Backfilling and Grading: Steep Slopes

Current through June 25, 2024
(a) Surface mining activities on steep slopes
					 shall be conducted so as to meet the requirements of §§ 5389-5395,
					 and the requirements of this section except where mining is conducted on flat
					 or gently rolling terrain with an occasional steep slope through which the
					 mining proceeds and leaves a plain or predominantly flat area.
(b) The following materials shall not be
					 placed on the downslope:
(1) Spoil.
(2) Waste materials of any type.
(3) Debris, including that from clearing and
					 grubbing.
(4) Abandoned or disabled
					 equipment.
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 11-8-2.5-59 - Special Permanent Program Performance Standards Support Facilities Not Located At or Near the Minesite or Not Within the Permit Area for a Mine › Section 11-8-2.5-59-5901 - Applicability

Current through June 25, 2024
Each person who conducts surface coal mining and
						reclamation operations, which includes the operation of a coal preparation
						plant which is not located within the permit area for a specific mine, shall
						obtain a permit in accordance with § 2909 to conduct those operations,
						obtain a bond in accordance with Subchapter 2.4, and comply with §
						5903.
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 11-8-2.5-59 - Special Permanent Program Performance Standards Support Facilities Not Located At or Near the Minesite or Not Within the Permit Area for a Mine › Section 11-8-2.5-59-5903 - Coal Preparation Plants: Performance Standards

Current through June 25, 2024
The construction, operation, maintenance, modification,
						reclamation, and removal activities at coal preparation plants shall comply
						with the following:
(a) Signs and
					 markers for the coal preparation plant, coal processing waste disposal area,
					 and water-treatment facilities shall comply with § 5301.
(b) Any stream channel diversion shall comply
					 with § 5317.
(c) Drainage from
					 any disturbed area related to the coal preparation plant shall comply with
					 §§ 5319-5325, and all discharges from these areas shall meet the
					 requirements of §§ 5313 and 5315 and any other applicable State or
					 Federal law.
(d) Permanent
					 impoundments associated with coal preparation plants shall meet the
					 requirements of §§ 5327 and 5341 of this Rule. Dams constructed of,
					 or impounding, coal processing waste shall comply with § 5377.
(e) Disposal of coal processing waste,
					 noncoal mine waste, and excess spoil shall comply with §§ 5359-5365
					 and 5369-5377.
(f) Fish, wildlife,
					 and related environmental values shall be protected in accordance with §
					 5383.
(g) Support facilities
					 related to the coal preparation plant shall comply with § 53117.
(h) Roads shall comply with
					 §§ 53111 and 53113.
(i)
					 Cessation of operations shall be in accordance with §§ 53105 and
					 53107.
(j) Erosion and air
					 pollution attendant to erosion shall be controlled in accordance with §
					 5379.
(k) Adverse effects upon, or
					 resulting from, nearby underground coal mining activities shall be minimized by
					 appropriate measures including, but not limited to, compliance with §
					 5367.
(l) Reclamation shall follow
					 proper topsoil handling, backfilling and grading, revegetation, and postmining
					 land use procedures in accordance with §§ 5309, 5311, 5387, 5389,
					 5391, 5393, 5397-53103, and 53109.
Miss. Code Ann.
						§
												53-9-11
						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 11-8-2.5-61 - Special Permanent Program Performance Standards › Section 11-8-2.5-61-6101 - In Situ Processing: Performance Standards

Current through June 25, 2024
(a) The
					 person who conducts in situ processing activities shall comply with Rule
					 53.
(b) In situ processing
					 activities shall be planned and conducted to minimize disturbance to the
					 prevailing hydrologic balance by:
(1) avoiding
					 discharge of fluids into holes or wells, other than as approved by the Permit
					 Board;
(2) injecting process
					 recovery fluids only into geologic zones or intervals approved as production
					 zones by the Permit Board;
(3)
					 avoiding annular injection between the wall of the drill hole and the casing;
					 and
(4) preventing discharge of
					 process fluid into surface waters.
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 11-8-2.5-61 - Special Permanent Program Performance Standards › Section 11-8-2.5-61-6103 - In Situ Processing: Monitoring

Current through June 25, 2024
(a) Each person
					 who conducts in situ processing activities shall monitor the quality and
					 quantity of surface water and ground water and the subsurface flow and storage
					 characteristics, in a manner approved by the Permit Board under § 5333, to
					 measure changes in the quantity and quality of water in surface- and
					 ground-water systems in the mine plan and in adjacent areas.
(b) Air and water quality monitoring shall be
					 conducted in accordance with monitoring programs approved by the Permit Board
					 as necessary according to appropriate federal and state air and water quality
					 standards.
Miss. Code Ann.
						§§
												53-9-11
						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 11-8-2.5-63 - Inspections › Section 11-8-2.5-63-6301 - Inspections

Current through June 25, 2024
(a) Authorized representatives of the
					 Executive Director may conduct inspections of surface coal mining and
					 reclamation operations as necessary to enforce the provisions of the act, these
					 regulations and any permit, and to determine whether any notice of violation or
					 cessation order issued during an inspection authorized under this Section has
					 been complied with.
(b) Basis for
					 Inspections
(1) An authorized representative
					 of the Executive Director shall immediately conduct an inspection to enforce
					 any requirement of the act, these regulations, or any condition of a permit or
					 an exploration or development operations approval imposed under the act or
					 these regulations, when the authorized representative has reason to believe, on
					 the basis of information available to him or her (other than information
					 resulting from a previous inspection), that there exists a violation of the
					 act, these regulations, or any condition of a permit or an exploration or
					 development operations approval, or that there exists any condition, practice
					 or violation which creates an imminent danger to the health or safety of the
					 public or is causing or can reasonably be expected to cause a significant,
					 imminent environmental harm to land, air or water resources. This paragraph
					 does not limit the routine inspections to be performed under §
					 6301(c).
(2) An authorized
					 representative shall have reason to believe that a violation, condition or
					 practice exists if the facts alleged by the informant or facts indicated by the
					 representative's personal knowledge would, if true, constitute a condition,
					 practice or violation referred to in § 6301(b)(1).
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 11-8-2.5-63 - Inspections › Section 11-8-2.5-63-6303 - Citizens' Requests for Inspections

Current through June 25, 2024
(a) A citizen may
					 request an inspection under § 6301(b) by furnishing to an authorized
					 representative of the Executive Director a signed, written statement, or an
					 oral report followed by a signed, written statement, giving the authorized
					 representative reason to believe that a violation, condition or practice
					 referred to in § 6301(b)(1) exists and setting forth a phone number and
					 address where the citizen can be contacted.
(b) The identity of any person supplying
					 information to the Department relating to a possible violation or imminent
					 danger or harm shall remain confidential with the Department, if requested by
					 that person, unless that person elects to accompany the inspector on the
					 inspection, or unless disclosure is required under other state law.
(c) If an inspection is conducted as a result
					 of information provided to the Department by a citizen as described in §
					 6303(a), the citizen shall be notified as far in advance as practicable as to
					 when the inspection is to occur and shall be allowed to accompany the
					 authorized representative of the Executive Director during the inspection. Such
					 person has a right of entry to, upon and through the coal exploration,
					 development or surface coal mining and reclamation operation about which he or
					 she supplied information, but only if he or she is in the presence of and is
					 under the control, direction and supervision of the authorized representative
					 while on the mine property. Such right of entry does not include a right to
					 enter buildings without consent of the person in control of the building or
					 without a search warrant.
(d)
					 Within 10 days of the inspection or, if there is no inspection, within 15 days
					 of receipt of the citizen's written statement, the Department shall send the
					 citizen the following:
(1) if an inspection
					 was made, a description of the enforcement action taken, which may consist of
					 copies of the inspection report and all notices of violation and cessation
					 orders issued as a result of the inspection or an explanation of why no
					 enforcement action was taken;
(2)
					 if no inspection was conducted, an explanation of the reason why;
(3) an explanation of the citizen's right, if
					 any, to review of the action or inaction of the Department under §
					 6309.
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 11-8-2.5-63 - Inspections › Section 11-8-2.5-63-6305 - Right of Entry

Current through June 25, 2024
(a) Each authorized
					 representative of the Executive Director conducting an inspection under §
					 6301:
(1) shall have a right of entry to, upon
					 and through any coal exploration, development or surface coal mining and
					 reclamation operation, without advance notice or a search warrant, upon
					 presentation of appropriate credentials;
(2) may, at reasonable times and without
					 delay, have access to and copy any records and inspect any monitoring equipment
					 or method of operation required under the act, these regulations, or any
					 condition of an exploration or development operations approval or permit
					 imposed under the act or these regulations.
(3) shall have a right to gather physical and
					 photographic evidence to document conditions, practices, or violations at the
					 site.
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 11-8-2.5-63 - Inspections › Section 11-8-2.5-63-6307 - Review of Adequacy and Completeness of Inspection

Current through June 25, 2024
Any person who is or may be adversely affected by a
						surface coal mining and reclamation operation or a coal exploration or
						development operation may notify the Executive Director in writing of any
						alleged failure on the part of the Department to make adequate complete or
						periodic inspections as provided in § 6301(b)(1), (c) and (d). The
						notification shall include sufficient information to create a reasonable belief
						that § 6301(b)(1), (c) and (d) are not being complied with and to
						demonstrate that the person is or may be adversely affected. The Executive
						Director shall within 15 days of receipt of the notification determine whether
						§ 6301(b)(1), (c) and (d) are being complied with and, if not, shall
						immediately order an inspection to remedy the noncompliance. The Executive
						Director shall also furnish the complainant with a written statement of the
						reasons for such determination and the actions, if any, taken to remedy 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 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-63 - Inspections › Section 11-8-2.5-63-6309 - Review of Decision Not to Inspect or Enforce

Current through June 25, 2024
(a) Any
					 person who is or may be adversely affected by a coal exploration, development
					 or surface coal mining and reclamation operation may ask the Commission to
					 review the decision of the Executive Director or his authorized representative
					 not to inspect or take appropriate enforcement action with respect to any
					 violation alleged by that person in a request for inspection under § 6303.
					 The request for review shall be in writing and include a statement of how the
					 person is or may be adversely affected and why the decision merits
					 review.
(b) The Commission shall
					 conduct the review and inform the person, in writing, of the results of the
					 review within 30 days of his or her receipt of the request. The person alleged
					 to be in violation shall also be given a copy of the results of the review,
					 except that the name of the citizen shall not be disclosed unless
					 confidentiality has been waived or disclosure is required under applicable
					 state law. If the person bringing the matter before the Commission is aggrieved
					 by the action or inaction of the Commission in the matter, he or she may appeal
					 the Commission's action pursuant to §
											53-9-77.
(c) Review under this Section shall not
					 affect any right to a citizen's suit under §
											53-9-67.
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 11-8-2.5-63 - Inspections › Section 11-8-2.5-63-6311 - Availability of Records

Current through June 25, 2024
(a) Copies of all
					 records, reports, inspection materials or information obtained by the
					 Department under the act or these regulations shall be made immediately
					 available to the public in the area of mining so that they are conveniently
					 available to residents of that area, except that the Department may refuse to
					 make available:
(1) investigatory records
					 compiled for civil or criminal law enforcement purposes; and
(2) information not required to be made
					 available under §§ 2109 or 3111.
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 11-8-2.5-65-6501 - Cessation Orders

Current through June 25, 2024
(a)
(1) The executive director or his or her
					 authorized representative shall immediately order a cessation of surface coal
					 mining and reclamation operations or of the relevant portion thereof, if he or
					 she finds, on the basis of any inspection, any condition or practice, or any
					 violation of the Act, these regulations, or any condition of an exploration or
					 development operations approval or permit imposed under any such program, the
					 Act or these regulations, which:
(A) creates
					 an imminent danger to the health or safety of the public; or
(B) is causing or can reasonably be expected
					 to cause significant, imminent environmental harm to land, air or water
					 resources.
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 11-8-2.5-65-6503 - Notice of Violation

Current through June 25, 2024
(a) The executive
					 director or his or her authorized representative shall issue a notice of
					 violation if, on the basis of an inspection he finds a violation of the Act,
					 these regulations, or any condition of a permit or an exploration or
					 development operations approval imposed under the Act or these regulations
					 which does not create an imminent danger or harm for which a cessation order
					 must be issued under § 6501.
(b) A notice of violation issued under this
					 Section shall be in writing, signed by the authorized representative who issues
					 it, and shall set forth with reasonable specificity:
(1) the nature of the violation;
(2) the remedial action required, which may
					 include interim steps;
(3) a
					 reasonable description of the portion of the coal exploration, development
					 operation, or surface coal mining and reclamation operation to which it
					 applies; and
(4) a reasonable time
					 for abatement which may include time for accomplishment of interim
					 steps.