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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

195 sections·Filtered byTitle 53✕

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…

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…

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…