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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

55 sections·Filtered byTitle 53✕Ch 9✕

Miss. Code Ann. § 53-9-1 Short title
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This chapter may be cited as the “Mississippi Surface Coal Mining and Reclamation Law.”
Miss. Code Ann. § 53-9-101 Priorities for expenditure of funds from Mine Lands Reclamation Account; certain sites and areas ineligible for expenditures; projects involving protection, repair, replacement, construction, or enhancement of certain utilities
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(1) Expenditures of funds from the Abandoned Mine Lands Reclamation Account on eligible lands and water shall reflect the following priorities:(a) The protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices;(b) The protect…
Miss. Code Ann. § 53-9-103 Only abandoned mines eligible for program expenditures
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Only abandoned mine lands are eligible for reclamation or drainage abatement expenditures from the Abandoned Mine Lands Reclamation Account.
Miss. Code Ann. § 53-9-105 Program to comply with federal law; required filings; public hearing and comment period; liability
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(1) The department shall establish and maintain a state reclamation program for abandoned mines which complies with Subchapter IV of the federal Surface Mining Control and Reclamation Act of 1977, 30 USCS 1231 through 1243. (2) For any year in which the department intends to cond…

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Miss. Code Ann. § 53-9-107 Right of entry upon property adversely affected by past coal mining; order and required findings; right of entry upon property to conduct studies or exploratory work

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(1) If the commission issues an order making a finding in writing with supporting facts that:(a) Land or water resources have been adversely affected by past coal mining practices;(b) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, ab…

Miss. Code Ann. § 53-9-109 Acquisition of land adversely affected by past coal mining; sale of acquired land; administrative responsibility for acquired land; grants

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(1) The commission, with the approval of the secretary, may acquire title in the name of the state to any land or interest in any land by purchase, donation, or condemnation if the land or interest is adversely affected by past coal mining practices and upon a determination that …

Miss. Code Ann. § 53-9-11 Promulgation of rules and regulations; hearings; notice thereof

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(1) The commission may adopt, modify, repeal and promulgate, after due notice and hearing and in accordance with the Mississippi Administrative Procedures Law, and where not otherwise prohibited by federal or state law, may make exceptions to and grant exemptions and variances fr…

Miss. Code Ann. § 53-9-111 Review of commission action; formal hearing; landowner rights and remedies

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(1) Any landowner who has received notice of condemnation or acquisition from the commission under Section 53-9-109 may, within fifteen (15) days following the notice, make written application to the commission for a formal hearing regarding the actual need or advisability for th…

Miss. Code Ann. § 53-9-113 Itemization of funds expended; filing of statement in county land records detailing increase in land value from expenditure of fund; statement to constitute lien upon land; hearing and appeal

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(1) Within six (6) months after the completion of projects funded by the commission, in whole or in part, with funds from the Abandoned Mine Lands Reclamation Account to restore, reclaim, abate, control or prevent adverse effects of past mining practices on privately owned land, …

Miss. Code Ann. § 53-9-115 Governor may request action against certain hazards caused by mining of minerals other than coal; limitations on funds available; acquisition of interest in land

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(1) The Governor may request the secretary to authorize the commission to fill voids, seal open or abandoned tunnels, shafts and entryways, and reclaim surface impacts of underground or surface mining of minerals other than coal which the secretary determines could endanger life …

Miss. Code Ann. § 53-9-117 Interdepartmental cooperation; provision of technical expertise, personnel, equipment, materials, and supplies

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All departments, boards, commissions and agencies of this state shall cooperate with the commission by providing available technical expertise, personnel, equipment, materials and supplies as may be required to implement and administer the provisions of the state abandoned mine l…

Miss. Code Ann. § 53-9-119 Injunctions

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The commission, in addition to any other remedies allowed by law, may initiate in the name of the state, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provi…

Miss. Code Ann. § 53-9-121 Power and authority to implement program; promulgation of rules and regulations; cooperative projects

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The commission shall have the power and authority to engage in any work and to do all things necessary or expedient, including promulgation of rules and regulations, to implement and administer the abandoned mine lands reclamation program in Mississippi. The commission also shall…

Miss. Code Ann. § 53-9-123 Authority with regard to land affected by noncoal mining practices; agreement of landowner; required findings; limitations on expenditure of funds

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The commission shall have the authority granted in Sections 53-9-107(1) and 53-9-109, as applied to land or water resources that have been adversely affected by mining practices other than coal mining practices, only upon the agreement of the current landowner(s). The commission …

Miss. Code Ann. § 53-9-19 Financial interest of persons employed under this chapter; penalty; monitoring and enforcement

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(1) No employee of the department performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates this subsection shall, upon conviction, be punished by a fine of…

Miss. Code Ann. § 53-9-21 Surface coal mining and reclamation permit; term; extensions; use by successor in interest; termination

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(1) No person shall open, develop, engage in, carry out or continue on lands within the state any new or existing surface coal mining operations without a permit issued by the permit board. (2) All permits issued under this chapter shall be issued for a term not to exceed five (5…

Miss. Code Ann. § 53-9-23 Surface coal mining and reclamation permit-reissuance

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(1) Any permit shall have the right of successive reissuance upon expiration for the areas within the boundaries of the existing permit. The burden of proving that the permit should not be reissued shall be on opponents of reissuance or the department. The holders of the permit m…

Miss. Code Ann. § 53-9-25 Surface coal mining and reclamation permit; application fee; contents of application; insurance coverage; blasting plan; notice of past violations

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(1) Each application for a permit shall be submitted in a manner satisfactory to the permit board and shall contain:(a) Information about the owners of all interests in the property to be mined, the owners of record of all surface and subsurface areas adjacent to any part of the …

Miss. Code Ann. § 53-9-26 Surface coal mining and reclamation permit; application cost assistance to small operators

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If the Permit Board finds that the probable total annual production at all locations of a surface coal mining operator will not exceed three hundred thousand (300,000) tons, the cost of conducting activities to obtain and provide the information required to be contained in the pe…

Miss. Code Ann. § 53-9-27 Filing of permit application with chancery court clerk; public inspection; exclusion of confidential information

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Each applicant for a permit shall file, within ten (10) days after filing with the permit board, a copy of its application for public inspection with the clerk of the chancery court of the county or judicial district where the mining is to occur and where real property contiguous…

Miss. Code Ann. § 53-9-28 Surface coal mining and reclamation permit; permit fees

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(1) The commission shall assess and collect a permit fee for reviewing the permit application and administering and enforcing a surface coal mining and reclamation permit. The commission may set permit fees for the transfer, modification or reissuance of a surface coal mining and…

Miss. Code Ann. § 53-9-29 Reclamation plan included in application; contents

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(1) The reclamation plan shall include in the degree of detail as the commission may require by regulation:(1) An identification of lands subject to surface coal mining operations over the estimated life of those operations;(2) Information about the condition and variety of uses …

Miss. Code Ann. § 53-9-3 Legislative findings and declarations

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(a) The Legislature finds and declares that:(a) The State of Mississippi, instead of the federal government, should regulate surface coal mining in this state because the terrain, climate, biologic, chemical and other physical conditions of the state differ from those of other st…

Miss. Code Ann. § 53-9-31 Surface coal mining and reclamation permit; filing, deposit, and adjustment of bond; requirement of surety; liability under bond

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(1) The applicant shall file with the department, in the manner and form as required by the commission, a bond for performance payable to the commission and conditional upon faithful performance of the requirements of this chapter and the permit. The bond shall be filed before th…

Miss. Code Ann. § 53-9-32 Surface coal mining and reclamation permit; preparation of plain language summary of proposed operation and reclamation

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Upon receipt of a complete application for a surface coal mining and reclamation operation, the staff of the department shall prepare a brief written summary of the proposed operation and reclamation. This summary shall be written in language understandable to the general public …

Miss. Code Ann. § 53-9-33 Surface coal mining and reclamation permit; requisites for approval of application for permit; schedule of notices of violation; permit to mine on prime farmland; restriction on transfer of rights; modification of permit provisions

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(1) Upon the basis of a complete application for permit or a complete application for modification or reissuance of a permit, including public notification and an opportunity for public hearing as required by Section 53-9-37, the Permit Board shall issue, deny or modify the permi…

Miss. Code Ann. § 53-9-35 Surface coal mining and reclamation permit; revisions

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(1) During the term of the permit, the permittee may submit an application for a revision of the permit and a revised reclamation plan, to the department in accordance with regulations promulgated by the commission. (2) An application for a revision of a permit shall not be appro…

Miss. Code Ann. § 53-9-37 Advertisement of land ownership; public comment on intention to mine or objections to application for permit; informal conferences; authority of permit board to conduct hearings on own motion

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(1) Upon submission of a complete application for a permit or modification of an existing permit, under this chapter and the regulations promulgated under this chapter, the applicant shall submit to the permit board a copy of the applicant’s advertisement of the ownership, precis…

Miss. Code Ann. § 53-9-39 Disposition of application for permit; manner of notifying interested parties; hearing before review board and notification of decision; temporary relief; right to judicial appeal

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(1) Within fourteen (14) days after issuing or denying a permit or granting or denying a modification to an existing permit, as recorded in the minutes of the permit board, the permit board shall notify by mail to the last-known address, the following:(a) The permit applicant;(b)…

Miss. Code Ann. § 53-9-41 Coal exploration permit; application; limitation on removal; penalty for disturbing land surface

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(1) Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with the regulations promulgated by the commission governing those operations. The regulations shall require any person planning to conduct exploration operations…

Miss. Code Ann. § 53-9-43 Confidentiality claims; penalties

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(1) Information submitted to the department, commission or permit board concerning trade secrets or privileged commercial or financial information relating to the competitive rights of an applicant and which is specifically identified as confidential, shall not be available for p…

Miss. Code Ann. § 53-9-45 Promulgation of regulations and performance standards relating to surface mining; variances

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(1) Any permit issued under this chapter to conduct surface coal mining and reclamation operations or coal exploration operations shall require that those surface coal mining and reclamation operations or coal exploration operations meet all applicable performance standards of th…

Miss. Code Ann. § 53-9-47 Promulgation of regulations relating to surface effects of underground coal mining; permit requirements; suspension of mining; applicability of chapter

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(1) The commission may promulgate regulations regarding the surface effects of underground coal mining operations establishing the following requirements. In promulgating any regulations, the commission shall consider the distinct difference between surface coal mining and underg…

Miss. Code Ann. § 53-9-49 Authorized departures from performance standards; experimental practices

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(a) To encourage advances in mining and reclamation practices or to allow postmining land use for industrial, commercial, residential or public use, including recreational facilities, the commission, with the approval of the United States Secretary of the Interior or the secretar…

Miss. Code Ann. § 53-9-5 Purpose

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(a) It is the purpose of this chapter:(a) To assume for the state exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state under Section 503 of the federal act;(b) To develop, implement and enforce a program which, at a minimum…

Miss. Code Ann. § 53-9-51 Records, reports and equipment to be maintained by permittees; evaluation of results; specification of monitoring sites; entry and inspection by department; release of materials to public

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(1) For purposes of administering and enforcing any permit under this chapter, adequately developing a regulatory program, or determining whether any person is in violation of this chapter:(a) The commission shall require any permittee to:(i) Establish and maintain appropriate re…

Miss. Code Ann. § 53-9-53 Sign at entrance of surface coal mining and reclamation operation

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Each permittee shall conspicuously maintain at the entrance to the surface coal mining and reclamation operation a clearly visible sign which sets forth the name, business address and phone number of the permittee and the permit number of the surface coal mining and reclamation o…

Miss. Code Ann. § 53-9-55 Violation of chapter; civil penalties; public hearing; judicial review; limitations on liability

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(1) (a) When the commission or an authorized representative of the department has reason to believe that a violation of this chapter or any regulation or order of the commission or permit board or any condition of a permit has occurred, the commission may cause a written complain…

Miss. Code Ann. § 53-9-57 Criminal penalties; violation of condition of permit or order

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Any person who willfully and knowingly violates this chapter or any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit, or makes any false statement, representation or certification or knowingly fails to make any st…

Miss. Code Ann. § 53-9-61 Criminal penalties; resisting, preventing, impeding, or interfering with performance of duties

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Any person who, except as permitted by law, willfully resists, impedes or interferes with the commission, permit board or any authorized representative of the department in the performance of duties under this chapter shall be punished by a fine of not more than Five Thousand Dol…

Miss. Code Ann. § 53-9-63 Nonexclusivity of penalty provisions

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Nothing in Sections 53-9-55 through 53-9-57 shall be construed to eliminate any additional enforcement right or procedures which are available under state law to a state agency but which are not specifically enumerated in this chapter.

Miss. Code Ann. § 53-9-65 Release of bond; objections; hearing; bond forfeiture

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(1) The permittee may file an application with the permit board for the release of all or part of a performance bond or other collateral. The permittee and the permit board shall give notice of the pending bond release application by publication in the form as the commission by r…

Miss. Code Ann. § 53-9-67 Civil action; costs; nonexclusivity of provisions; limitations on liability

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(1) Except as provided in subsection (2) of this section, any interested party may commence a civil action to compel compliance with this chapter:(a) Against the state or a state instrumentality or agency which is alleged to be in violation of this chapter or any rule, regulation…

Miss. Code Ann. § 53-9-69 Inspection; cessation order; suspension or revocation of permit; hearing; request to attorney general to institute civil action; nonexclusivity of provisions; assessing costs and expenses

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(1) (a) When, on the basis of any information available, including receipt of information from any person, the executive director or the executive director’s designee has reason to believe that any person is in violation of this chapter, any regulation or written order of the com…

Miss. Code Ann. § 53-9-7 Definitions

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(a) For the purposes of this chapter, the following terms shall have the meaning ascribed in this section unless the context requires otherwise:(a) “Abandoned mine lands” means lands and waters affected by the mining or processing of coal before August 3, 1977, or affected by the…

Miss. Code Ann. § 53-9-71 Designation of lands as unsuitable for surface coal mining operations

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(1) (a) The commission shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to which, if any, land areas of the state are unsuitable for all or certain types of surface coal mining operations under t…

Miss. Code Ann. § 53-9-73 Cooperation with Secretary of Interior

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The commission may enter into a cooperative agreement with the United States Secretary of the Interior to provide for state regulation of surface coal mining and reclamation operations on federal lands within the state.

Miss. Code Ann. § 53-9-75 Application of chapter to public corporations

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Any agency, unit or instrumentality of federal, state or local government, including any public-owned utility or publicly-owned corporation of federal, state or local government, which proposes to engage in surface coal mining operations subject to this chapter, shall comply with…

Miss. Code Ann. § 53-9-77 Administrative review; appeal of decisions of the permit board

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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(4). Any interested party aggrieved by any action…

Miss. Code Ann. § 53-9-81 Inapplicability of chapter

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(a) This chapter shall not apply to any of the following activities:(a) The extraction of coal by a landowner for that landowner’s own noncommercial use from land owned or leased by the landowner; and(b) The extraction of coal as an incidental part of federal, state or local fina…