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Mississippi Statutes, Title 53

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Mississippi/Statutes

← All Mississippi coverage

Title 53, Oil, Gas, and Other Minerals

7 chapters · 195 sections in this title.

All chapters in Title 53195 Ch 9, Surface Coal Mining and Reclamation …55 Ch 3, Development, Production and Distribu…45 Ch 7, Surface Mining and Reclamation of Land35 Ch 1, State Oil and Gas Board29 Ch 11, Mississippi Geologic Sequestration o…17 Ch 5, Geological and Mineral Survey9 Ch 10, Interstate Mining Compact5

35 sections·Filtered byTitle 53✕Ch 7✕

Miss. Code Ann. § 53-7-1 Citation of chapter
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This chapter shall be known and may be cited as the “Mississippi Surface Mining and Reclamation Act.”
Miss. Code Ann. § 53-7-11 Rules and regulations; public hearing; notice; comments
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(1) The commission may adopt, modify, repeal, after due notice and hearing, and where not otherwise prohibited by federal or state law, make exceptions to and grant exemptions and variances from and may enforce rules and regulations pertaining to surface mining and reclamation op…
Miss. Code Ann. § 53-7-17 Commission to retain exclusive jurisdiction on passage of federal strip mining legislation
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Upon the passage of any federal surface mining legislation, the commission shall take steps necessary to establish the exclusive jurisdiction of the commission over the regulation of surface mining and reclamation operations in this state.
Miss. Code Ann. § 53-7-19 Powers and duties of commission
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(a) The commission shall have the following powers and duties regarding surface mining:(a) To develop a statewide, comprehensive policy for the regulation of surface mining and reclamation consistent with this chapter;(b) To hold public and formal hearings, to issue notices of he…

Miss. Code Ann. § 53-7-21 Surface mining permits; issuance; certificate of compliance

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(1) Unless exempted under Section 53-7-7, no operator shall engage in surface mining without having first obtained coverage under a general permit or having obtained from the Permit Board a permit for each operation. The permit or coverage under a general permit shall authorize t…

Miss. Code Ann. § 53-7-23 Issuance of general permits; conditions; application for permit; reclamation plan; review of application

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(1) The Permit Board may issue general permits consistent with regulations adopted by the commission to cover those surface mining operations deemed appropriate by the Permit Board. Conditions in any general permit shall provide that no operation shall be conducted on lands desig…

Miss. Code Ann. § 53-7-25 General permit application fees

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(1) Each application for a surface mining permit and for coverage under a general permit shall be accompanied by an application fee in accordance with a published fee schedule adopted by the commission. The application fee shall not be less than One Hundred Dollars ($100.00) plus…

Miss. Code Ann. § 53-7-27 Submission of application for permit, proposed initial reclamation plan, and performance bond; form of application

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(1) Before commencing any operation for which a permit is required, each applicant for a permit shall submit to the Permit Board an application, a proposed initial reclamation plan and a performance bond in an amount proposed to be sufficient by the applicant to reclaim the permi…

Miss. Code Ann. § 53-7-29 Filing of copies of permit applications for public inspection with certain state agencies; review of application by agencies; comments and recommendations

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(1) The department shall file a copy of each permit application for public inspection with the chancery clerk of the county where any portion of the operation is proposed to occur after deleting the confidential information according to Section 53-7-75. (2) The department shall s…

Miss. Code Ann. § 53-7-3 Legislative findings and declarations

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(1) The Legislature of the State of Mississippi finds and declares that:(a) Mississippi is endowed with abundant varied natural resources which serve as a source of recreation and economic benefit to our people;(b) The extraction of materials by surface mining is a significant ec…

Miss. Code Ann. § 53-7-31 Reclamation plans; contents; reclaiming lands in lieu of lands included in notice of intent

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(1) A reclamation plan shall be developed in a manner consistent with local, physical, environmental and climatological conditions and current mining and reclamation technology. A proposed initial reclamation plan submitted as part of a permit application shall include the follow…

Miss. Code Ann. § 53-7-35 Reclamation standards and methods; alternative methods; concurrent reclamation; continuing right of entry; action on bond

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(1) Any permit issued under this chapter shall require operations to comply with all applicable reclamation standards of this chapter. Reclamation standards shall apply to all operations, exploration activities and reclamation operations covered by this chapter and shall require …

Miss. Code Ann. § 53-7-37 Performance bonds

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(1) Before a permit is issued by the Permit Board, the applicant shall file with the department in the manner and form required by the commission a bond for performance payable to the commission and conditioned on full and satisfactory performance of the requirements of this chap…

Miss. Code Ann. § 53-7-39 Initial review of application by department; department to make recommendation to Permit Board; on-site inspection of proposed area as condition of granting permit

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(1) The department shall conduct an initial review of a completed permit application within thirty (30) days following receipt of the completed application. The department shall make a recommendation to the Permit Board on the permit application no later than the next regularly s…

Miss. Code Ann. § 53-7-41 Authority of Permit Board to issue, reissue, deny, modify, revoke, cancel, rescind, suspend, or transfer permit; grounds for denial; public hearing; board may authorize executive director to make permit decisions

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(1) The Permit Board, based upon the provisions of this chapter, may issue, reissue, deny, modify, revoke, cancel, rescind, suspend or transfer a permit for a surface mining operation. (2) The Permit Board shall issue a permit if the Permit Board determines that the applicant and…

Miss. Code Ann. § 53-7-43 Applications for modification, transfer, or reissuance of permit; right of successive reissuance upon expiration; term of reissuance; continuance of operation during reissuance process

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(1) Applications for the modification, transfer or reissuance of any surface mining permit issued under this chapter may be filed with the department. The Permit Board may modify any surface mining permit to increase or decrease the permit area and shall require an increase in th…

Miss. Code Ann. § 53-7-45 Review of Permit Board action or decision

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Any interested party may seek a review or an appeal of any action or decision of the Permit Board under Sections 53-7-41 and 53-7-43 as provided in Section 49-17-29.

Miss. Code Ann. § 53-7-47 Mining prohibited in national and state park lands

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To the extent that the commission, the Permit Board and the department may exercise jurisdiction over the areas specified in this section, no surface mining operation shall be conducted on lands which are part of a national park, national monument, national historic landmark, any…

Miss. Code Ann. § 53-7-49 Designation of certain lands as unsuitable for surface mining; criteria for designation

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(1) With the assistance of the Mississippi Commission on Wildlife, Fisheries and Parks and the Mississippi Department of Marine Resources, the commission shall identify and designate as unsuitable certain lands for all or certain types of surface mining. The commission shall adop…

Miss. Code Ann. § 53-7-5 Definitions

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(a) For the purposes of this chapter, the following terms shall have the meanings ascribed in this section, except where the context otherwise requires:(a) “Affected area” means any area from which any materials are removed or are to be removed in a surface mining operation and u…

Miss. Code Ann. § 53-7-51 Designation of certain lands as unsuitable for surface mining; petition for modification, amendment or termination of designation; appeal

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(1) The commission, upon petition, may designate an area as unsuitable for mining or modify or terminate the designation of an area as unsuitable for surface mining. The commission, upon its own motion, may terminate the designation of an area as unsuitable for surface mining. Th…

Miss. Code Ann. § 53-7-53 Records, reports and equipment to be maintained by permittees

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(a) The Permit Board shall require each permittee to:(a) Establish and maintain appropriate records;(b) Make reports, the frequency and nature of which shall be prescribed by the commission; and(c) Install, use and maintain any necessary monitoring equipment for the purpose of ob…

Miss. Code Ann. § 53-7-55 Inspection by department; inspection reports; procedure on detection of violation

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(1) Authorized representatives of the department, on presentation of appropriate credentials, may enter and inspect any operation or any premises in which records required to be maintained under Section 53-7-53 are located and may at reasonable times, and without delay, have acce…

Miss. Code Ann. § 53-7-57 Inspection by representatives of local soil and water conservation districts; recommendations of progress of reclamation activities

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Any representative of the local soil and water conservation district, upon presentation of appropriate credentials may enter and inspect the operation for the purpose of making recommendations regarding reclamation activities. The representative shall make any recommendations on …

Miss. Code Ann. § 53-7-59 Violations; penalties; appeals; commission authorized to pursue civil action for relief; limitation on liability

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(1) Any person who violates, or fails or refuses to comply with this chapter, any rule or regulation or written order of the commission adopted or issued under this chapter or any condition of a permit or coverage under a general permit issued under this chapter may be subject to…

Miss. Code Ann. § 53-7-61 Criminal penalties for false statement, representation or certification; willful violations

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(1) Any person who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter is g…

Miss. Code Ann. § 53-7-63 Request for formal hearing by aggrieved party; authority to subpoena witnesses, administer oaths, examine witnesses and conduct hearing

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(1) Unless otherwise expressly provided in this chapter, any interested party aggrieved by any action of the Permit Board taken under this chapter may request a formal hearing before the Permit Board as provided in Section 49-17-29. Any person aggrieved by any action of the commi…

Miss. Code Ann. § 53-7-65 Report or complaint alleging violation; investigation; hearing; order; notice; proof of service; appeal

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(1) When an employee of the department files a report alleging a violation or when any person files a complaint with the commission alleging that any other person is in violation of this chapter, any rule and regulation issued under this chapter, or any condition of a permit issu…

Miss. Code Ann. § 53-7-67 Release of bond; contents of application; inspection and evaluation of reclamation work; schedule for release; procedure on disapproval of release

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(1) Upon completion of the operation in the permit area, the operator may file an application with the Permit Board for the release of the performance bond or deposit. The application for performance bond release shall require a description of the results achieved in accordance w…

Miss. Code Ann. § 53-7-69 Surface Mining and Reclamation Fund

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(1) There is created in the State Treasury a fund to be designated as the “Surface Mining and Reclamation Fund,” referred to hereinafter as the “fund.” There is created in the fund an account designated as the “Land Reclamation Account” and an account designated as the “Surface M…

Miss. Code Ann. § 53-7-7 Permit requirement; applicability of law; exceptions and exemptions

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(1) Except as provided in this section, it is unlawful to commence an operation or operate a surface mine without a permit or coverage under a general permit as provided by this chapter. (2) Except as expressly provided in this section, this chapter shall not apply to:(a) Excavat…

Miss. Code Ann. § 53-7-71 Reclamation work; utilizing services of governmental agencies and private contractors; competitive bidding; right of access

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In the reclamation of land affected by surface mining for which it has funds available, the commission may avail itself of any services which may be provided by other state agencies, political subdivisions or the federal government, and may compensate them for the services. The c…

Miss. Code Ann. § 53-7-75 Disclosure of confidential information; penalty; application of Trade Secrets Act

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(1) Information submitted to the department, commission, Permit Board or local soil and water conservation district pertaining to the deposits of materials, trade secrets or privileged commercial or financial information relating to the competitive rights of the applicant and whi…

Miss. Code Ann. § 53-7-77 Surface Mine Worker Safety Training Program Operations Fund

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(1) (a) There is created in the State Treasury a special fund to be designated as the Surface Mine Worker Safety Training Program Operations Fund, referred to in this section as “special fund,” to be administered by the executive director. The special fund shall consist of monies…

Miss. Code Ann. § 53-7-9 Administration and enforcement of chapter

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The department is designated as the agency to administer this chapter. The commission is designated as the body to enforce this chapter, including, but not limited to, the issuance of administrative and penalty orders, promulgation of regulations regarding matters addressed in th…