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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. § 53-9-47 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

Showing 151–195 of 195

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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…

Miss. Code Ann. § 53-9-83 Lease of state coal deposits

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(1) This section applies where coal owned by the state under land, the surface rights to which are owned by a surface owner as defined in this section, is to be mined by methods other than underground mining techniques. (2) The state shall not enter into any lease of state coal d…

Miss. Code Ann. § 53-9-85 Enforcement and protection of water rights

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(1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, that person’s interest in water resources affected by a surface coal mining operation. (2) The operator of a surface coal mine shall replace…

Miss. Code Ann. § 53-9-87 Training, examination, and certification of persons responsible for blasting

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The commission shall promulgate regulations requiring the training, examination and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations.

Miss. Code Ann. § 53-9-89 Surface Coal Mining and Reclamation fund; deposit of funds

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(1) (a) There is created in the State Treasury a fund to be designated as the “Surface Coal Mining and Reclamation Fund.” The fund shall contain three (3) accounts, designated as the “Surface Coal Mining Program Operations Account,” the “Surface Coal Mining Reclamation Account,” …

Miss. Code Ann. § 53-9-9 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 penalty orders, promulgation of regulations regarding matters addressed in this chapter, and des…

Miss. Code Ann. § 53-10-1 Findings and purposes

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(a) The Legislature finds and declares that:(i) Within the state, mining constitutes a significant aspect of the state’s economy.(ii) The Interstate Mining Compact was established in 1966 to provide a forum for states having significant mining to exchange ideas on mining technolo…

Miss. Code Ann. § 53-10-2 Membership

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(a) Pursuant to the findings of the Legislature and subject to the limitations hereinafter set forth, the State of Mississippi hereby adopts the Interstate Mining Compact as embodied in the findings and purposes set forth above, and the state through the Office of the Governor is…

Miss. Code Ann. § 53-10-3 Limitations

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(a) No provisions of the Interstate Mining Compact, nor any policies of the Interstate Mining Compact Commission, shall be construed to limit, repeal, or supersede any law of the State of Mississippi. (b) The Governor and the Legislature, or agents of either, shall have the right…

Miss. Code Ann. § 53-10-4 Expenses

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The Mississippi Department of Environmental Quality may pay annually out of funds collected from Surface Coal Mining Permit Fees, or from funds granted to the state by the federal Office of Surface Mining Reclamation and Enforcement, the annual membership dues payable to the Inte…

Miss. Code Ann. § 53-10-5 General power of Governor and withdrawal

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(a) Within the limitations of this section, the Governor shall be entitled to exercise all the power of his office necessary in his judgment to maintain the state in good standing as a member and to participate therein. (b) After the Governor has provided one (1) year’s notice in…

Miss. Code Ann. § 53-11-1 Short title

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This chapter shall be known and may be cited as the “Mississippi Geologic Sequestration of Carbon Dioxide Act.”

Miss. Code Ann. § 53-11-11 Protection of correlative rights

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(1) Upon application by an operator to unitize for a geologic sequestration facility in an oil or gas reservoir that is not unitized either under this chapter or by board order under the provisions of Section 53-3-103 or 53-3-155, after notice as provided in Section 53-3-115, the…

Miss. Code Ann. § 53-11-13 Order requiring unit operation of a geologic sequestration facility

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(a) If the board finds pursuant to Section 53-11-9(1) that a reservoir shall be operated as a unit for a geologic sequestration facility, the board may issue an order requiring such unit operation, if it finds that:(a) Unit operation of the reservoir is reasonably necessary in or…

Miss. Code Ann. § 53-11-15 Board order provisions

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(1) The order issued by the State Oil and Gas Board shall be fair and reasonable under all of the circumstances and shall protect the rights of interested parties and shall include:(a) A description of the geographical area and a description of the reservoirs or of any portion or…

Miss. Code Ann. § 53-11-17 Hearings before the board; notice; rules of procedures; emergency; service of process; public records; request for hearings; orders and compliance orders

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All public hearings before the board under this chapter shall be conducted pursuant to the provisions of Sections 53-1-19 through 53-1-37.

Miss. Code Ann. § 53-11-19 Compliance and enforcement

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(1) Whenever the board or an authorized representative of the board determines that a violation of any requirement of this chapter has occurred or is threatened, the board shall be authorized to either issue an order requiring compliance within a specified time period or commence…

Miss. Code Ann. § 53-11-21 Effect of acting as storage operator

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(a) Any provision in this chapter, or in any rule, regulation or order issued by the board under this chapter to the contrary notwithstanding, acting as a storage operator pursuant to this chapter in compliance with the provisions of this chapter, or with rules, regulations or or…

Miss. Code Ann. § 53-11-23 Fees; creation of Carbon Dioxide Storage Fund; funding of agency expenses; deposit of monies into State General Fund

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(1) (a) The board is authorized to adopt regulations within its jurisdiction to assess sequestration fees that shall be subject to the approval of the Legislature.(b) Any monies collected shall be used exclusively: (i) to pay the expenses and other costs connected with administra…

Miss. Code Ann. § 53-11-25 Cessation of storage operations

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(1) After cessation of injection into a geologic sequestration facility and upon application by the storage operator, the board shall be authorized to issue a certificate of completion of injection operations upon a showing by the storage operator that the reservoir is reasonably…

Miss. Code Ann. § 53-11-27 Release of performance bond, deposit, or other assurance of performance

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(1) The storage operator may file an application with the board for the release of the performance bond, deposit or other assurance of performance on or after the third anniversary of the date the board issued a certificate of completion for the geologic sequestration facility. A…

Miss. Code Ann. § 53-11-29 Refusing to monitor or producing false or inaccurate readings

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It shall be a violation of this chapter for any person to refuse to attach or install a monitor within a reasonable period of time when ordered to do so by the board, or in any way to tamper with the monitors so as to produce a false or inaccurate reading.

Miss. Code Ann. § 53-11-3 Legislative findings; jurisdiction

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(1) It is declared to be in the public interest for a public purpose and the policy of Mississippi that:(a) The geologic sequestration of carbon dioxide will benefit the citizens of the state and the state’s environment.(b) Carbon dioxide is a valuable commodity to the citizens o…

Miss. Code Ann. § 53-11-31 Appeal to chancery court

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Any interested person, as defined in this section, adversely affected by any provision or section of this chapter within the jurisdiction of the board or by any rule, regulation or order made by the board thereunder, or by any act done or threatened thereunder, may obtain court r…

Miss. Code Ann. § 53-11-33 No effect upon enhanced oil or gas recovery operations

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Notwithstanding anything to the contrary in this chapter, nothing in this chapter shall prevent an enhanced oil or gas recovery project utilizing injection of carbon dioxide as approved by the board under Section 53-1-17 or require compliance with all or part of this chapter by a…

Miss. Code Ann. § 53-11-5 Definitions

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(a) As used in this chapter, the following terms shall have the meanings ascribed unless the context clearly indicates otherwise:(a) “Board” means the State Oil and Gas Board created by Section 53-1-5.(b) “Carbon dioxide” means: (i) naturally occurring carbon dioxide; (ii) geolog…

Miss. Code Ann. § 53-11-7 Duties and powers of the board; rules and regulations; permits

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(1) The board shall have authority to regulate and promulgate rules and regulations governing geologic sequestration of carbon dioxide and underground injection wells under this chapter within reservoirs. Rules and regulations governing injection wells for geologic sequestration …

Miss. Code Ann. § 53-11-9 Approval of reservoir storage; title to carbon dioxide

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(1) The board may enter an order, after notice and hearing pursuant to the provisions of Sections 53-1-19 through 53-1-37, approving any proposed geologic sequestration of carbon dioxide. The board shall be authorized to issue an order upon finding the following:(a) That the rese…