§ 53-7-1. Citation of chapter
This chapter shall be known and may be cited as the “Mississippi Surface Mining and Reclamation Act.”
§ 53-7-11. Rules and regulations; public hearing; notice; comments
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 operations to implement the provisions of this chapter. Adopting rules and regulations, the […]
§ 53-7-17. Commission to retain exclusive jurisdiction on passage of federal strip mining legislation
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.
§ 53-7-19. Powers and duties of commission
The commission shall have the following powers and duties regarding surface mining: To develop a statewide, comprehensive policy for the regulation of surface mining and reclamation consistent with this chapter; To hold public and formal hearings, to issue notices of hearing, to administer oaths or affirmations, to issue subpoenas requiring the appearance of witnesses requested […]
§ 53-7-21. Surface mining permits; issuance; certificate of compliance
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 the operator to engage in surface mining upon the area of land […]
§ 53-7-23. Issuance of general permits; conditions; application for permit; reclamation plan; review of application
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 designated as unsuitable for mining and that each operator shall submit a proposed initial […]
§ 53-7-25. General permit application fees
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 Ten Dollars ($10.00) per acre included in the application. The […]
§ 53-7-27. Submission of application for permit, proposed initial reclamation plan, and performance bond; form of application
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 permit area. The application shall be in the form prescribed […]
§ 53-7-29. Filing of copies of permit applications for public inspection with certain state agencies; review of application by agencies; comments and recommendations
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. The department shall submit copies, excluding all confidential information, of the permit application as soon as […]
§ 53-7-3. Legislative findings and declarations
The Legislature of the State of Mississippi finds and declares that: Mississippi is endowed with abundant varied natural resources which serve as a source of recreation and economic benefit to our people; The extraction of materials by surface mining is a significant economic activity and is an integral part of the growth and development of […]
§ 53-7-31. Reclamation plans; contents; reclaiming lands in lieu of lands included in notice of intent
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 following information: The identification of the proposed affected area, accompanied by a detailed topographic map on a […]
§ 53-7-35. Reclamation standards and methods; alternative methods; concurrent reclamation; continuing right of entry; action on bond
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 the operator at a minimum to: Conduct operations in a manner consistent with prudent mining practice, so […]
§ 53-7-37. Performance bonds
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 chapter and the permit. The bond shall not be less […]
§ 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
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 scheduled Permit Board meeting following the thirty-day initial review period, unless a public […]
§ 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
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. The head of the Office of Geology and Energy Resources shall abstain in any action taken by the Permit Board under this chapter. The Permit Board shall […]
§ 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
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 the performance bond and a modified reclamation plan for any expanded […]
§ 53-7-45. Review of Permit Board action or decision
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.
§ 53-7-47. Mining prohibited in national and state park lands
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 property listed on the national register of historic places, national forest, […]
§ 53-7-49. Designation of certain lands as unsuitable for surface mining; criteria for designation
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 adopt rules and regulations to provide reasonable notice to prospective operators and any other interested […]
§ 53-7-5. Definitions
For the purposes of this chapter, the following terms shall have the meanings ascribed in this section, except where the context otherwise requires: “Affected area” means any area from which any materials are removed or are to be removed in a surface mining operation and upon which any materials are to be deposited. The affected […]