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 11-8-2.3-37 - Small Operator Assistance › Section 11-8-2.3-37-3713 - Qualified Laboratories

Current through June 25, 2024
(a) General
As used in this Rule, qualified laboratory means a
						designated public agency, private firm, institution, or analytical laboratory
						that can provide the required determination of probable hydrologic consequences
						or statement of results of test borings or core samplings or other services as
						specified at § 3711 under the Small Operator Assistance Program and that
						meets the standards of § 3713(b).
(b) Basic Qualifications
(1) To qualify for designation, the
					 laboratory shall demonstrate to the State Geologist that it:
(A) is staffed with experienced, professional
					 or technical personnel in the fields of hydrology, mining engineering, aquatic
					 biology, geology or chemistry applicable to the work to be performed;
(B) is capable of competently collecting
					 necessary field data and samples;
(C) has adequate space for material
					 preparation, cleaning and sterilizing necessary equipment, and has stationary
					 equipment, storage and space to accommodate periods of peak work
					 loads;
(D) meets the requirements
					 of the Occupational Safety and Health Act or the equivalent state safety and
					 health program;
(E) has the
					 financial capability and business organization necessary to perform the work
					 required.
(F) has analytical,
					 monitoring and measuring equipment capable of meeting the applicable standards;
					 and
(G) has the capability of
					 making hydrologic field measurements and analytical laboratory determinations
					 by acceptable hydrologic, geologic, or analytical methods in accordance with
					 the requirements of §§ 2507 and 2509 and any other applicable
					 provisions of these regulations. Other appropriate methods or guidelines for
					 data acquisition may be approved by the State Geologist.
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 11-8-2.3-37-3715 - Assistance Funding

Current through June 25, 2024
(a) Use of Funds.
					 Funds authorized for this program shall be used to provide the services
					 specified in § 3711 and shall not be used to cover administrative
					 expenses.
(b) Allocation of Funds.
					 The State Geologist shall to the extent practicable establish a formula for
					 allocating funds among eligible small operators if available funds are less
					 than those required to provide the services pursuant to this Rule. This formula
					 shall include such factors as the applicant's:
(1) anticipated date of filing a permit
					 application;
(2) anticipated date
					 for commencing mining; and
(3)
					 performance history.
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 11-8-2.3-37-3717 - Applicant Liability

Current through June 25, 2024
(a) The applicant
					 shall reimburse the Department for the cost of the services performed pursuant
					 to this Rule if:
(1) the applicant submits
					 false information, fails to submit a permit application within one year from
					 the date of receipt of the approved laboratory report, or fails to mine after
					 obtaining a permit;
(2) the
					 Commission finds that the operator's actual and attributed annual production of
					 coal for all locations exceeds 300,000 tons during the 12 months immediately
					 following the date on which the operator is issued the surface coal mining and
					 reclamation permit; or
(3) the
					 permit is sold, transferred, or assigned to another person and the transferee's
					 total actual and attributed production exceeds the 300,000 ton production limit
					 during the 12 months immediately following the date on which the permit was
					 originally issued. Under this Paragraph the applicant and its successor are
					 jointly and severally obligated to reimburse the Department.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Rule 11-8-2.4-39 - General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Program › Section 11-8-2.4-39-3901 - Requirement to File a Bond

Current through June 25, 2024
(a) Before a permit
					 is issued, the applicant shall file with the Department, on a form prescribed
					 and furnished by the Department, a bond or bonds for performance made payable
					 to the Commission and conditioned upon the faithful performance of all the
					 requirements of the act, the regulatory program, the permit and the reclamation
					 plan. "Bond" as used in this Subchapter includes other forms of collateral as
					 approved by the Permit Board consistent with §
											53-9-31(2).
(b) An operator shall not disturb surface
					 acreage or extend any operations prior to receipt of approval from the Permit
					 Board of the performance bond covering the surface acreage to be affected.
(1) The bond or bonds shall cover that area
					 of land within the permit area upon which the operator will initiate and
					 conduct surface coal mining and reclamation operations during the initial term
					 of the permit.
(2) As surface coal
					 mining and reclamation operations on succeeding increments are initiated and
					 conducted within the permit area, the permittee shall file with the Department
					 an additional bond or bonds to cover those increments in accordance with §
												53-9-31
					 and this Section.
(3) The operator
					 shall identify the initial and successive areas or increments for bonding on
					 the permit application map submitted for approval as provided in the
					 application and shall specify the bond amount to be provided for each area or
					 increment.
(4) Independent
					 increments shall be of sufficient size and configuration to provide for
					 efficient reclamation operations should reclamation by the Department become
					 necessary pursuant to this act and Rule 47.
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 11-8-2.4-39 - General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Program › Section 11-8-2.4-39-3903 - Requirement to File a Certificate of Liability Insurance

Current through June 25, 2024
Each applicant for a permit shall submit to the
						Department, as part of the permit application:
(a) a certificate issued by an insurance
					 company authorized to do business in the United States certifying that the
					 applicant has a public liability insurance policy in force for the surface coal
					 mining and reclamation operations for which the permit is sought; the amount,
					 duration, form, conditions and terms of this insurance shall conform to §
											53-9-25(2)
					 and § 4309; or
(b) evidence
					 that the applicant has satisfied other state or federal self-insurance
					 requirements pursuant to §
											53-9-25(2)
					 and § 4309.
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 11-8-2.4-39 - General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Program › Section 11-8-2.4-39-3905 - Responsibilities

Current through June 25, 2024
(a) The Department shall prescribe and
					 furnish the form for filing a performance bond.
(b) The Permit Board shall determine the
					 amount of the performance bond required for the permit area, including
					 adjustments to the initial amount from time-to-time as land acreage in the
					 permit area are revised, or when other relevant conditions change according to
					 the minimum requirements of § 4107.
(c) The Permit Board may not accept a
					 self-bond in lieu of a surety or collateral bond, unless the permittee meets
					 the requirements of § 4305 and any additional requirements in the
					 program.
(d) The Permit Board shall
					 release the permittee from his bond and insurance requirements consistent with
					 Rule 45.
(e) If the conditions
					 specified in Rule 47 occur, the Commission shall cause all or part of a bond to
					 be forfeited consistent with Rule 47.
(f) The Permit Board shall require in the
					 permit that adequate bond coverage be in effect at all times. Except as
					 provided in § 4303(e)(6)(C), operating without a bond is a violation of a
					 condition upon which the permit is issued.
Miss. Code Ann.
						§§
												53-9-31
						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 2.4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Rule 11-8-2.4-41 - Amount and Duration of Performance Bond › Section 11-8-2.4-41-4101 - Determination of Bond Amount

Current through June 25, 2024
The standard applied by the Permit Board in determining
						the amount of performance bond shall be the estimated cost to the Department if
						it had to perform the reclamation, restoration and abatement work of a person
						who conducts surface coal mining and reclamation operations under the act,
						these regulations and the permit, and such additional work as would be required
						to achieve compliance with the general standards for revegetation in §
						53103(a)(5) in the event the permittee fails to implement an approved
						alternative postmining land use plan within the two years required by §
						53103. This amount shall be based on, but not be limited to:
(a) the estimated costs submitted by the
					 permittee in accordance with § 2715;
(b) the additional estimated costs to the
					 Department which may arise from applicable public contracting requirements or
					 the need to bring personnel and equipment to the permit area after its
					 abandonment by the permittee to perform reclamation, restoration and abatement
					 work;
(c) all additional estimated
					 costs necessary, expedient and incident to the satisfactory completion of the
					 requirements identified in this Section;
(d) an additional amount based on factors of
					 cost changes during the preceding five years for the types of activities
					 associated with the reclamation to be performed;
(e) such other cost information as may be
					 required by or available to 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 2.4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Rule 11-8-2.4-41 - Amount and Duration of Performance Bond › Section 11-8-2.4-41-4103 - Minimum Amount

Current through June 25, 2024
The amount of the bond for surface coal mining and
						reclamation operations shall be $10,000, at a minimum, for the entire area
						under one permit and be sufficient to assure performance of reclamation,
						restoration and abatement work required of a person who conducts surface coal
						mining and reclamation operations under the act, these regulations and the
						provisions of the permit, if the work had to be performed by the Department in
						the event of forfeiture.
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 11-8-2.4-41 - Amount and Duration of Performance Bond › Section 11-8-2.4-41-4107 - Adjustment of Amount

Current through June 25, 2024
(a) The amount of
					 the performance bond liability applicable to a permit shall be adjusted by the
					 Permit Board as the acreage in the permit area is modified, methods of mining
					 operation change, standards of reclamation change or when the cost of future
					 reclamation, restoration or abatement work changes. The Department shall notify
					 the permittee, the surety and any person with a property interest in collateral
					 posted as bond of any proposed bond adjustment and provide the permittee an
					 opportunity to review and discuss the adjustment with the Department prior to
					 the Permit Board's decision regarding the adjustment. The Department shall
					 review each outstanding performance bond at the time that permit reviews are
					 conducted under § 3503, and re-evaluate those performance bonds in
					 accordance with the standards in § 4101.
(b) A permittee may request reduction of the
					 required performance bond amount upon submission of evidence to the Permit
					 Board proving that the permittee's method of operation or other circumstances
					 will reduce the maximum estimated cost to the department to complete the
					 reclamation responsibilities and therefore warrant a reduction of the bond
					 amount. Bond adjustments which involve undisturbed land or revision of the cost
					 estimate of reclamation are not considered bond release subject to procedures
					 of Rule 45.
(c) In the event that
					 an approved permit is modified or revised in accordance with § 3505, 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.
Miss. Code Ann.
						§§
												53-9-31
						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 2.4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Rule 11-8-2.4-43 - Form, Conditions and Terms of Performance Bonds and Liability Insurance › Section 11-8-2.4-43-4301 - Form of the Performance Bond

Current through June 25, 2024
The form for the performance bond shall be prescribed by
						the Department in accordance with this Rule. The Permit Board shall allow for
						either:
(1) a surety bond,
(2) a collateral bond,
(3) a self-bond,
(4) a letter or letters of credit,
					 or
(5) a combination of any of
					 these bonding methods.
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 11-8-2.4-43 - Form, Conditions and Terms of Performance Bonds and Liability Insurance › Section 11-8-2.4-43-4305 - Self-bonding

Current through June 25, 2024
(a) The Permit Board may accept a self-bond
					 from an applicant for a permit if all of the following conditions are met by
					 the applicant or its parent corporation guarantor:
(1) The applicant designates with the
					 Mississippi Secretary of State a suitable agent to receive service of process
					 in the state of Mississippi.
(2)
					 The applicant has been in continuous operation as a business entity for a
					 period of not less than five years. Continuous operation shall mean that
					 business was conducted over a period of five years immediately preceding the
					 time of application.
(A) The Permit Board may
					 allow a joint venture or syndicate with less than five years of continuous
					 operation to qualify under this requirement, if each member of the joint
					 venture or syndicate has been in continuous operation for at least five years
					 immediately preceding the time of application.
(B) When calculating the period of continuous
					 operation, the Permit Board may exclude past periods of interruption to the
					 operation of the business entity that were beyond the applicant's control and
					 that do not affect the applicant's likelihood of remaining in business during
					 the proposed surface coal mining and reclamation operations.
(3) The applicant submits
					 financial information in sufficient detail to show that the applicant meets one
					 of the following criteria:
(A) the applicant
					 has a current rating for its most recent bond issuance of "A" or higher as
					 issued by either Moody's Investor Service or Standard and Poor's
					 Corporation;
(B) the applicant has
					 a tangible net worth of at least $10 million, a ratio of total liabilities to
					 net worth of 2.5 times or less, and a ratio of current assets to current
					 liabilities of 1.2 times or greater; or
(C) the applicant's fixed assets in the
					 United States total at least $20 million, and the applicant has a ratio of
					 total liabilities to net worth of 2.5 times or less, and a ratio of current
					 assets to current liabilities of 1.2 times or greater.
(4) The applicant submits:
(A) financial statements for the most
					 recently completed fiscal year accompanied by a report prepared by an
					 independent certified public accountant in conformity with generally accepted
					 accounting principles and containing the accountant's audit opinion or review
					 opinion of the financial statements with no adverse opinion;
(B) unaudited financial statements for
					 completed quarters in the current fiscal year; and
(C) additional unaudited information as
					 requested by the Department.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Rule 11-8-2.4-43 - Form, Conditions and Terms of Performance Bonds and Liability Insurance › Section 11-8-2.4-43-4307 - Replacement of Bonds

Current through June 25, 2024
(a) The Permit
					 Board may allow permittees to replace existing surety or collateral bonds with
					 other surety or collateral bonds, if the liability which has accrued against
					 the permittee on the permit area is transferred to such replacement
					 bonds.
(b) The Permit Board may
					 allow the permittee to replace existing surety or collateral bonds with a
					 self-bond, provided that the permittee meets the requirements of self-bonding
					 as provided in § 4305.
(c) The
					 Permit Board shall not release existing performance bonds until the permittee
					 has submitted and the Permit Board has approved acceptable replacement
					 performance bonds. A replacement of performance bonds pursuant to this Section
					 shall not constitute a release of bond under Rule 45.
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 11-8-2.4-43 - Form, Conditions and Terms of Performance Bonds and Liability Insurance › Section 11-8-2.4-43-4309 - Terms and Conditions for Liability Insurance

Current through June 25, 2024
(a) The
					 Department shall require the applicant to submit at the time of permit
					 application a certificate issued by an insurance company authorized to do
					 business in the United States certifying that the applicant has a public
					 liability insurance policy in force for the surface coal mining and reclamation
					 operation for which the permit is sought. The policy shall provide for personal
					 injury and property damage protection in an amount adequate to compensate all
					 persons injured or property damaged as a result of surface coal mining and
					 reclamation operations, including use of explosives and damage to water wells,
					 and entitled to compensation under the applicable provisions of state law.
					 Minimum insurance coverage for bodily injury shall be $300,000 for each
					 occurrence and $500,000 aggregate; and minimum insurance coverage for property
					 damage shall be $300,000 for each occurrence and $500,000 aggregate.
(b) The policy shall be maintained in full
					 force during the life of the permit or any renewal thereof, including
					 completion of all reclamation operations under these regulations.
(c) The policy shall include a rider
					 requiring that the insurer notify the Department whenever substantive changes
					 are made in the policy, including any termination or failure to
					 renew.
(d) The Department may
					 accept from the applicant, in lieu of a certificate for public liability
					 insurance policy, satisfactory evidence from the applicant that it satisfies
					 applicable state self-insurance requirements. This subsection will become
					 effective only upon the promulgation of regulations by the Commission or other
					 appropriate state agency regarding self-insurance requirements of the state of
					 Mississippi and approval of these regulations by the Secretary of the
					 Interior.
Miss. Code Ann.
						§
												53-9-31
						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 2.4 - 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 › Section 11-8-2.4-45-4501 - Procedures for Seeking Release of Performance Bond

Current through June 25, 2024
(a) Bond Release Application and Contents.
					 The permittee or any person authorized to act on his behalf may file an
					 application with the Permit Board for release of all or part of the performance
					 bond.
(1) Applications may only be filed at
					 times or seasons that allow the Department to evaluate properly the reclamation
					 operations alleged to have been completed. The times or seasons appropriate for
					 the evaluation of certain types of reclamation shall be identified in the
					 mining and reclamation operations plan required in Subchapter 2.3 of these
					 regulations and approved by the Permit Board.
(2) The application shall include copies of
					 letters sent to adjoining property owners, surface owners, local government
					 bodies, planning agencies, and sewage and water treatment facilities or water
					 companies in the locality of the permit area notifying them of the permittee's
					 intention to seek release of performance bond(s). These letters shall be sent
					 before the permittee files the application for release. These letters shall be
					 sent certified mail to all listed public entities.
(3) Within 30 days after filing the
					 application for release, the permittee shall submit proof of publication of the
					 advertisement required by § 4501(b). Such proof of publication shall be
					 considered part of the bond release application.
(4) The permittee shall include in the
					 application for bond release a notarized statement which certifies that all
					 applicable reclamation activities have been accomplished in accordance with the
					 requirements of the act, the regulatory program, and the approved reclamation
					 plan. Such certification shall be submitted for each application or phase of
					 bond release.
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 11-8-2.4-45-4701 - General

Current through June 25, 2024
(a) Except as in compliance with §
						4701(b), the Commission shall proceed to cause the forfeiture of all or part of
						a bond or other collateral accepted pursuant to Rule 43 for any permit where
						required or authorized by § 4705.
(b) The Commission may withhold forfeiture,
						if the permittee and surety, if applicable, agree to a compliance schedule to
						comply with the violations of the permit or bond conditions.
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 11-8-2.4-45-4705 - Criteria for Forfeiture

Current through June 25, 2024
(a) A bond shall be
						forfeited if the Commission finds that:
(1)
						the permittee has violated any of the terms or conditions of the bond;
						or
(2) the permittee has failed to
						conduct the surface mining and reclamation operations in accordance with the
						act, the conditions of the permit or these regulations within the time required
						by the act, these regulations and the permit; or
(3) the permit for the area under bond has
						been revoked, unless the operator assumes liability for completion of
						reclamation work; or
(4) the
						permittee has failed to comply with a compliance schedule approved pursuant to
						§ 4701(b).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.4 - 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 11-8-2.4-45-4707 - Determination of Forfeiture Amount

Current through June 25, 2024
The Commission shall either:
(a) determine the amount of the bond to be
						forfeited on the basis of the estimated cost to the Department or its
						contractor to complete the reclamation plan and other regulatory requirements
						in accordance with the act, these regulations and the requirements of the
						permit; or
(b) forfeit the entire
						amount of the bond for which liability is outstanding and deposit the proceeds
						thereof in an interest-bearing escrow account for use in the payment of all
						costs and administrative expenses associated with the conduct of reclamation,
						restoration or abatement activities by the Department. In the event the amount
						of performance bond forfeited was more than the amount necessary to complete
						reclamation, the unused funds shall be returned by the Commission to the party
						from whom they were collected.
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 11-8-2.4-47 - Performance Bond Forfeiture Criteria and Procedures › Section 11-8-2.4-47-4701 - General

Current through June 25, 2024
(a) Except as in compliance with §
					 4701(b), the Commission shall proceed to cause the forfeiture of all or part of
					 a bond or other collateral accepted pursuant to Rule 43 for any permit where
					 required or authorized by § 4705.
(b) The Commission may withhold forfeiture,
					 if the permittee and surety, if applicable, agree to a compliance schedule to
					 comply with the violations of the permit or bond conditions.
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 11-8-2.4-47 - Performance Bond Forfeiture Criteria and Procedures › Section 11-8-2.4-47-4705 - Criteria for Forfeiture

Current through June 25, 2024
(a) A bond shall be
					 forfeited if the Commission finds that:
(1)
					 the permittee has violated any of the terms or conditions of the bond;
					 or
(2) the permittee has failed to
					 conduct the surface mining and reclamation operations in accordance with the
					 act, the conditions of the permit or these regulations within the time required
					 by the act, these regulations and the permit; or
(3) the permit for the area under bond has
					 been revoked, unless the operator assumes liability for completion of
					 reclamation work; or
(4) the
					 permittee has failed to comply with a compliance schedule approved pursuant to
					 § 4701(b).
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Rule 11-8-2.4-47 - Performance Bond Forfeiture Criteria and Procedures › Section 11-8-2.4-47-4707 - Determination of Forfeiture Amount

Current through June 25, 2024
The Commission shall either:
(a) determine the amount of the bond to be
					 forfeited on the basis of the estimated cost to the Department or its
					 contractor to complete the reclamation plan and other regulatory requirements
					 in accordance with the act, these regulations and the requirements of the
					 permit; or
(b) forfeit the entire
					 amount of the bond for which liability is outstanding and deposit the proceeds
					 thereof in an interest-bearing escrow account for use in the payment of all
					 costs and administrative expenses associated with the conduct of reclamation,
					 restoration or abatement activities by the Department. In the event the amount
					 of performance bond forfeited was more than the amount necessary to complete
					 reclamation, the unused funds shall be returned by the Commission to the party
					 from whom they were collected.
Miss. Code Ann.
						§§
												53-9-65
						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 11-8-2.5-49 - Permanent Program Performance Standards: General Provisions › Section 11-8-2.5-49-4901 - Responsibility

Current through June 25, 2024
(a) The Commission shall ensure that
					 performance standards and design requirements are implemented and
					 enforced.
(b) Each person
					 conducting coal exploration, development operations or surface coal mining and
					 reclamation operations is responsible for complying with performance standards
					 and design requirements.
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 11-8-2.5-51 - Permanent Program Performance Standards Operations › Section 11-8-2.5-51-5101 - General Responsibility of Persons Conducting Coal Exploration or Development

Current through June 25, 2024
(a) Each person who
					 conducts coal exploration which does not substantially disturbs the natural
					 land surface and in which 250 tons or less of coal are removed shall file a
					 notice of intent in accord with Rule 21 and shall comply with §
					 5105.
(b) Each person who conducts
					 coal exploration which substantially disturb the natural land surface or in
					 which more than 250 tons of coal are removed in the area described by the
					 exploration permit required by Rule 21 shall comply with the procedures
					 described in the exploration permit, Rule 21, and § 5105.
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 11-8-2.5-51 - Permanent Program Performance Standards Operations › Section 11-8-2.5-51-5103 - Required Documents

Current through June 25, 2024
Each person who conducts coal exploration which
						substantially disturbs the natural land surface shall, while in the exploration
						area, possess written approval of the Permit Board for the activities approved
						under Rule 21. The permit shall be available for review by the authorized
						representative of the Department upon request.
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 11-8-2.5-51 - Permanent Program Performance Standards Operations › Section 11-8-2.5-51-5105 - Performance Standards for Coal Exploration or Development

Current through June 25, 2024
The performance standards in this Section are applicable
						to coal exploration which substantially disturbs the land surface.
(a) Habitats of unique or unusually high
					 value for fish, wildlife and other related environmental values and critical
					 habitats of threatened or endangered species identified pursuant to the
					 Endangered Species Act of 1973 (
					 16
					 U.S.C. 1531 et seq.) shall not be disturbed
					 during coal exploration.
(b) The
					 person who conducts coal exploration shall, to the extent practicable, measure
					 important environmental characteristics of the exploration area during the
					 operations to minimize environmental damage to the area and to provide
					 supportive information for any permit application that person may submit under
					 Subchapter 2.3.
(c) All roads or
					 other transportation facilities used for coal exploration shall comply with the
					 applicable provisions of §§ 53111 and 53115- 53117.
(d) If excavations, artificial flat areas or
					 embankments are created during exploration, these areas shall be returned to
					 the approximate original contour promptly after such features are no longer
					 needed for coal exploration.
(e)
					 Topsoil shall be separately removed, stored and redistributed on disturbed
					 areas as necessary to assure successful revegetation or as required by the
					 Permit Board.
(f) Revegetation of
					 areas disturbed by coal exploration operations shall be performed by the person
					 who conducts the exploration, or his or her agent. All areas disturbed by coal
					 exploration activities shall be revegetated in a manner that encourages prompt
					 revegetation and recovery of a diverse, effective and permanent vegetative
					 cover. Revegetation shall be accomplished in accordance with the following:
(1) All disturbed lands shall be seeded or
					 planted to the same seasonal variety native to the disturbed area. If both the
					 pre-exploration or pre-development and post-exploration or post-development
					 land uses are intensive agriculture, planting of the crops normally grown will
					 meet the requirements of this Subsection.
(2) The vegetative cover shall be capable of
					 stabilizing the soil surface against 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 11-8-2.5-53-5301 - Signs and Markers

Current through June 25, 2024
(a) Each permittee
					 shall conspicuously maintain at the entrance to the surface coal mining and
					 reclamation operation a clearly visible sign. Signs and markers required under
					 §
											53-9-53
					 and this Rule shall:
(1) be posted and
					 maintained by the person who conducts the surface mining activities;
(2) be of a uniform design throughout the
					 operation that can be easily seen and read;
(3) be made of durable material;
					 and
(4) conform to local ordinances
					 and codes.
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 11-8-2.5-53-5303 - Casing and Sealing of Drilled Holes: General Requirements

Current through June 25, 2024
Each exploration hole, other drill or borehole, well or
						other exposed underground opening shall be cased, sealed or otherwise managed,
						under the direction of a qualified Registered Professional Geologist or
						Registered Professional Engineer and as required by the Department, to prevent
						acid or other toxic drainage from entering the ground water or surface water,
						to minimize disturbance to the prevailing hydrologic balance and to ensure the
						safety of people, livestock, fish and wildlife, and machinery in the permit and
						adjacent area. If these openings are uncovered or exposed by surface mining
						activities within the permit area, they shall be permanently closed, unless
						approved for water monitoring, or otherwise managed in a manner approved by the
						Department. Use of a drilled hole, borehole or monitoring well as a water well
						must meet the provisions of §§ 5313, 5329, and 5333(a). This Section
						does not apply to holes solely drilled and used for blasting.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5305 - Casing and Sealing of Drilled Holes: Temporary

Current through June 25, 2024
Each exploration hole, other drill or borehole, well or
						other exposed underground opening which has been identified in the approved
						permit application for use to return coal processing waste or water to
						underground workings, or to be used to monitor ground-water conditions, shall
						be temporarily sealed before use and protected during use by barricades, fences
						or other protective devices under the direction of a qualified Registered
						Professional Geologist or Registered Professional Engineer and as approved by
						the Department. These devices shall be periodically inspected and maintained in
						good operating condition by the person who conducts the surface mining
						activities.
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 11-8-2.5-53-5307 - Casing and Sealing of Drilled Holes: Permanent

Current through June 25, 2024
When no longer needed for monitoring or other use
						approved by the Department upon a finding of no adverse environmental or health
						and safety effect, or unless approved for transfer as a water well under §
						5335, each exploration hole, other drill or borehole, well or other exposed
						underground opening shall be capped, sealed, backfilled or otherwise properly
						managed, under the direction of a qualified Registered Professional Geologist
						or Registered Professional Engineer and as required by the Department, under
						§ 5303 and consistent with
						30 CFR 75.1711.
						Permanent closure measures shall be designed to prevent access to the mine
						workings by people, livestock, fish and wildlife, and machinery, and to keep
						acid or other toxic drainage from entering the ground water or surface
						water.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-5309 - Topsoil: General Requirements

Current through June 25, 2024
(a) Before
					 disturbance of an area, topsoil and subsoils to be saved under § 5311
					 shall be separately removed and segregated from other material.
(b) After removal, topsoil shall either be
					 immediately redistributed as required under § 5311 or stockpiled pending
					 redistribution as required under § 5311.
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 11-8-2.5-53-5311 - Topsoil and Subsoil

Current through June 25, 2024
(a) Removal.
(1)
(A) All
					 topsoil shall be removed as a separate layer from the area to be disturbed, and
					 segregated.
(B) Where the topsoil
					 is of insufficient quantity or poor quality for sustaining vegetation, the
					 materials approved by the Department in accordance with § 5311(b) of this
					 section shall be removed as a separate layer from the area to be disturbed, and
					 segregated.
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 11-8-2.5-53-5313 - Hydrologic Balance: General Requirements

Current through June 25, 2024
(a) Surface
					 mining activities shall be planned and conducted to minimize disturbance of the
					 hydrologic balance within the permit and adjacent areas and to prevent material
					 damage to the hydrologic balance outside the permit area, to assure the
					 protection or replacement of water rights, and to support approved postmining
					 land uses in accordance with the terms and conditions of the approved permit
					 and the performance standards of these regulations. The Permit Board may
					 require additional preventative, remedial, or monitoring measures to assure
					 that material damage to the hydrologic balance outside the permit area is
					 prevented. Mining and reclamation practices that minimize water pollution and
					 changes in flow shall be used in preference to water treatment.
(b) Changes in water quality and quantity, in
					 the depth to ground water, and in the location of surface-water drainage
					 channels shall be minimized so that the approved post-mining land use of the
					 permit area is not adversely affected.
(c) Operations shall be conducted to minimize
					 water pollution and, where necessary, treatment methods shall be used to
					 control water pollution. Water pollution control methods required by the Permit
					 Board shall be recommended by the Office of Geology in consultation with the
					 Office of Pollution Control. The person who conducts surface mining activities
					 shall operate and maintain the necessary water treatment facilities for as long
					 as treatment is required under this Rule.
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 11-8-2.5-53-5315 - Hydrologic Balance: Water Quality Standards and Effluent Limitations

Current through June 25, 2024
Discharges of water from areas disturbed by surface
						mining activities shall be made in compliance with all applicable state and
						federal water quality laws and regulations and with the effluent limitations
						for coal mining promulgated by the U.S. Environmental Protection Agency set
						forth in 40 CFR Part 434.