Surface mining and reclamation; revise provisions relating to.

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To: Conservation and Water
Resources; Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ladner

HOUSE BILL NO. 1759

AN ACT TO AMEND SECTIONS 49-2-7, 53-7-5, 53-7-41, 53-9-7, 1
53-9-31, 53-9-32, 53-9-33, 53-9-69, 53-9-71, 53-9-83 AND 53-9-105, 2
MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE REGULATION OF SURFACE 3
MINING AND RECLAMATION, AND COAL MINING AND RECLAMATION, TO BE 4
PLACED UNDER THE PURVIEW OF SUCH OFFICE WITHIN THE MISSISSIPPI 5
DEPARTMENT OF ENVIRONMENTAL QUALITY AS THE EXECUTIVE DIRECTOR 6
DETERMINES MOST PRACTICAL AND EFFICIENT; TO AUTHORIZE THE 7
EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL 8
QUALITY TO MAKE DECISIONS ON TRANSFERS AND BOND RELEASES; AND FOR 9
RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. Section 49-2-7, Mississippi Code of 1972, is 12
amended as follows: 13
49-2-7. The Department of Environmental Quality shall be the 14
Mississippi Department of Natural Resources with the exception of 15
the Office of Parks and Recreation, and shall retain all powers 16
and duties granted by law to the Mississippi Department of Natural 17
Resources with the exception of the Office of Parks and 18
Recreation, and wherever the term "Mississippi Department of 19
Natural Resources" appears in any law the same shall mean the 20
Department of Environmental Quality. The Executive Director of 21
the Department of Environmental Quality may assign to the 22
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appropriate offices any powers and duties deemed appropriate to 23
carry out the lawful duties of the department. 24
The department shall be composed of the following offices: 25
(a) Office of Geology and Energy Resources; 26
(b) Office of Land and Water Resources; and 27
(c) Office of Pollution Control. 28
Each office shall be composed of the administrative units set 29
forth in the consolidation plan adopted by the commission, subject 30
to changes by the executive director * * *. 31
The department is designated as the single state department 32
to receive and expend any federal funds being received or expended 33
by any agency transferred to the department by Chapter 484, Laws 34
of 1978, and to receive and expend any federal funds made 35
available for matters within the jurisdiction of the department. 36
The department shall be responsible for conserving, managing, 37
developing and protecting the natural resources of the State of 38
Mississippi within the jurisdiction of the department, with the 39
exception of functions of the Office of Recreation and Parks. The 40
department shall coordinate all functions of state government 41
related to natural resources within the jurisdiction of the 42
department. The department shall not exercise any of its 43
authority or powers granted under the provisions of this section 44
in a manner which would be inconsistent with the provisions of 45
Section 29-1-1. 46
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SECTION 2. Section 53-7-5, Mississippi Code of 1972, is 47
amended as follows: 48
53-7-5. For the purposes of this chapter, the following 49
terms shall have the meanings ascribed in this section, except 50
where the context otherwise requires: 51
(a) "Affected area" means any area from which any 52
materials are removed or are to be removed in a surface mining 53
operation and upon which any materials are to be deposited. The 54
affected area includes all areas affected by the construction of 55
new roads, or the improvement or use of existing roads other than 56
public roads to gain access and to haul materials. 57
(b) "Appeal" means an appeal to an appropriate court of 58
the state taken from a final decision of the Permit Board or 59
commission made after a formal hearing before that body. 60
(c) "As recorded in the minutes of the Permit Board" 61
means the date of the Permit Board meeting at which the action 62
concerned is taken by the Permit Board. 63
(d) "Commission" means the Mississippi Commission on 64
Environmental Quality. 65
(e) "Department" means the Mississippi Department of 66
Environmental Quality * * *. 67
(f) "Executive director" means the Executive Director 68
of the Mississippi Department of Environmental Quality. 69
(g) "Exploration activity" means the disturbance of the 70
surface or subsurface for the purpose of determining the location, 71
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quantity or quality of a deposit of any material, except the 72
drilling of test holes or core holes of twelve (12) inches or less 73
in diameter. 74
(h) "Formal hearing" means a hearing on the record, as 75
recorded and transcribed by a court reporter, before the 76
commission or Permit Board where all parties to the hearing are 77
allowed to present witnesses, cross-examine witnesses and present 78
evidence for inclusion into the record, as appropriate under rules 79
promulgated by the commission or Permit Board. 80
(i) "Fund" means the Surface Mining and Reclamation 81
Fund created by Section 53-7-69. 82
(j) "General permit" means general permit as defined in 83
Section 49-17-5. 84
(k) "Highwall" means a wall created by mining having a 85
slope steeper than two (2) to one (1). 86
(l) "Interested party" means interested party as 87
provided under Section 49-17-29. 88
(m) "Material" means bentonite, metallic ore, mineral 89
clay, dolomite, phosphate, sand, gravel, soil, clay, sand clay, 90
clay gravel, stone, chalk, and any other materials designated by 91
the commission. 92
(n) "Nearest approximate original contour" means that 93
surface configuration achieved by backfilling and grading of the 94
surface-mined area so that it substantially resembles the surface 95
configuration of the land before mining and blends into and 96
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complements the drainage pattern of the surrounding terrain, with 97
all highwalls, spoil piles and water-collecting depressions 98
eliminated, to the extent practicable, unless contained in an 99
approved reclamation plan. 100
(o) "Operator" means the person that is to engage or 101
that is engaged in a surface mining operation, whether on a 102
permanent, continuous basis, or for a limited period of time and 103
for a specific or ancillary purpose, including any person whose 104
permit or coverage under a general permit has expired or been 105
suspended or revoked. 106
(p) "Overburden" means all materials which are removed 107
to gain access to other materials in the process of surface 108
mining, including the material before or after its removal by 109
surface mining. 110
(q) "Permit" means a permit to conduct surface mining 111
and reclamation operations under this chapter. 112
(r) "Permit area" means all the area designated in the 113
permit application or application for coverage under a general 114
permit and shall include all land affected by the surface mining 115
operations during the term of the permit and may include any 116
contiguous area which the operator proposes to surface mine 117
thereafter. 118
(s) "Permit Board" means the Permit Board created by 119
Section 49-17-28. 120
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(t) "Person" means any individual, trust, firm, 121
joint-stock company, public or private corporation, joint venture, 122
partnership, association, cooperative, state, or any agency or 123
institution thereof, municipality, commission, political 124
subdivision of a state or any interstate body, and includes any 125
officer or governing or managing body of any municipality, 126
political subdivision, or the United States or any officer or 127
employee of the United States. 128
(u) "Public hearing" means a public forum organized by 129
the commission, department or Permit Board for the purpose of 130
providing information to the public regarding a surface mining and 131
reclamation operation and at which members of the public are 132
allowed to make comments or ask questions or both of the 133
commission, department or the Permit Board regarding a proposed 134
operation or permit. 135
(v) "Reclamation" means work necessary to restore an 136
area of land affected by surface mining to a useful, productive 137
and beneficial purpose, the entire process being designed to 138
restore the land to a useful, productive and beneficial purpose, 139
suitable and amenable to surrounding land and consistent with 140
local environmental conditions in accordance with the standards 141
set forth in this chapter. 142
(w) "State" means the State of Mississippi. 143
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(x) "Spoil pile" means the overburden and other mined 144
waste material as it is piled or deposited in the process of 145
surface mining. 146
(y) "Surface mining" or "mining" means the extraction 147
of materials from the ground or water or from waste or stock piles 148
or from pits or banks or natural occurrences by methods including, 149
but not limited to, strip drift, open pit, contour or auger 150
mining, dredging, placering, quarrying and leaching, and 151
activities related thereto, which will alter the surface. 152
(z) "Surface mining operation" or "operation" means the 153
activities conducted at a mining site, including extraction, 154
storage, processing and shipping of materials and reclamation of 155
the affected area. This term does not include the following: the 156
dredging and removal of oyster shells from navigable bodies of 157
water; the dredging and removal of any materials from the bed of 158
navigable streams, when the activity is regulated and permitted 159
under an individual permit by the United States Corps of 160
Engineers; the extraction of hydrocarbons in a liquid or gaseous 161
state by means of wells, pipe, or other on-site methods; the 162
off-site transportation of materials; exploration activities; 163
construction activities at a construction site; or any other 164
exception adopted by the commission in its regulations. 165
(aa) "Topsoil" means the organic or inorganic matter 166
naturally present on the surface of the earth which has been 167
subjected to and influenced by genetic and environmental factors 168
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of parent material, climate, macroorganisms and microorganisms, 169
and topography, all acting over a period of time, and that is 170
necessary for the growth and regeneration of vegetation on the 171
surface of the earth. 172
(bb) "Toxic material" means any substance present in 173
sufficient concentration or amount to cause significant injury or 174
illness to plant, animal, aquatic or human life. 175
SECTION 3. Section 53-7-41, Mississippi Code of 1972, is 176
amended as follows: 177
53-7-41. (1) The Permit Board, based upon the provisions of 178
this chapter, may issue, reissue, deny, modify, revoke, cancel, 179
rescind, suspend or transfer a permit for a surface mining 180
operation. * * * 181
(2) The Permit Board shall issue a permit if the Permit 182
Board determines that the applicant and completed application 183
comply with the requirements of this chapter. 184
(3) The Permit Board may deny a permit if: 185
(a) The Permit Board finds that the reclamation as 186
required by this chapter cannot be accomplished by means of the 187
proposed reclamation plan; 188
(b) Any part of the proposed operation lies within an 189
area designated as unsuitable for surface mining as designated by 190
Section 53-7-49 or 53-7-51; 191
(c) The Permit Board finds that the proposed mining 192
operation will cause pollution of any water of the state or of the 193
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ambient air of the state in violation of applicable state and 194
federal laws and regulations; 195
(d) The applicant has had any other permit issued under 196
this chapter revoked, or any bond or deposit posted to comply with 197
this chapter forfeited, and the conditions causing the permit to 198
be revoked or the bond or deposit to be forfeited have not been 199
corrected to the satisfaction of the Permit Board; 200
(e) The Permit Board determines that the proposed 201
operation will endanger the health and safety of the public or 202
will create imminent environmental harm; 203
(f) The operation will likely adversely affect any 204
public highway or road unless the operation is intended to 205
stabilize or repair the public road or highway; or 206
(g) The applicant is unable to meet the public 207
liability insurance or performance bonding requirements of this 208
chapter. 209
(4) The Permit Board shall deny a permit if the Permit Board 210
finds by clear and convincing evidence on the basis of the 211
information contained in the permit application or obtained by 212
on-site inspection that the proposed operation cannot comply with 213
this chapter or rules and regulations adopted under this chapter 214
or that the proposed method of operation, road system 215
construction, shaping or revegetation of the affected area cannot 216
be carried out in a manner consistent with this chapter and 217
applicable state and federal laws, rules and regulations. 218
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(5) The Permit Board may hold a public hearing to obtain 219
comments from the public on its proposed action. If the Permit 220
Board holds a public hearing, the Permit Board shall publish 221
notice and conduct the hearing as provided in Section 49-17-29. 222
(6) The Permit Board may authorize the executive director, 223
under any conditions the Permit Board may prescribe, to make 224
decisions on permit issuance, reissuance, modification, rescission 225
or cancellation under this chapter. A decision by the executive 226
director is a decision of the Permit Board and shall be subject to 227
formal hearing and appeal as provided in Section 49-17-29. The 228
executive director shall report all permit decisions to the Permit 229
Board at its next regularly scheduled meeting and those decisions 230
shall be deemed as recorded in the minutes of the Permit Board at 231
that time. 232
(7) The Permit Board may cancel a permit at the request of 233
the operator, if the operator does not commence operations under 234
the permit by stripping, grubbing or mining any part of the permit 235
area. The Permit Board may rescind a permit, if, because of a 236
change in post-mining use of the land by the landowner, the 237
completion of the approved reclamation plan by the operator is no 238
longer feasible. If a permit is canceled or rescinded, the 239
remaining portion of the bond or deposit required under Section 240
53-7-37 shall be returned to the operator as soon as possible. 241
SECTION 4. Section 53-9-7, Mississippi Code of 1972, is 242
amended as follows: 243
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53-9-7. For the purposes of this chapter, the following 244
terms shall have the meaning ascribed in this section unless the 245
context requires otherwise: 246
(a) "Abandoned mine lands" means lands and waters 247
affected by the mining or processing of coal before August 3, 248
1977, or affected by the mining or processing of noncoal minerals, 249
including, but not limited to, sand, gravel, clay and soil, before 250
August 3, 1977, and abandoned or left in either an unreclaimed or 251
inadequately reclaimed condition, and for which there is no 252
continuing reclamation responsibility required under state or 253
federal law, and which continue in the present condition 254
substantially to degrade the quality of the environment, to 255
prevent or damage the beneficial use of land or water resources, 256
or to endanger the health or safety of the public. Abandoned mine 257
lands also means those lands and waters described by 30 USC 258
1232(g)(4), 30 USC 1233(b)(1) and 30 USC 1239. 259
(b) "Appeal" means an appeal to an appropriate court of 260
the state taken from a final decision of the Permit Board or 261
commission made after a formal hearing before that body. 262
(c) "Approximate original contour" means that surface 263
configuration achieved by backfilling and grading of the mined 264
area so that the reclaimed area, including any terracing or access 265
roads, closely resembles the general surface configuration of the 266
land before mining and blends into and complements the drainage 267
pattern of the surrounding terrain, with all highwalls and spoil 268
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piles eliminated. Water impoundments may be allowed if the Permit 269
Board determines that the impoundments are in compliance with 270
Section 53-9-45(2)(g). 271
(d) "As recorded in the minutes of the Permit Board" 272
means the date of the Permit Board meeting at which the action 273
concerned is taken by the Permit Board. 274
(e) "Coal" means combustible carbonaceous rock, 275
classified as anthracite, bituminous, subbituminous, or lignite by 276
the American Society of Testing and Materials. 277
(f) "Commission" means the Mississippi Commission on 278
Environmental Quality. 279
(g) "Department" means the Mississippi Department of 280
Environmental Quality. 281
(h) "Executive director" means the executive director 282
of the department. 283
(i) "Exploration operations" means the disturbance of 284
the surface or subsurface before surface coal mining and 285
reclamation operations begin for the purpose of determining the 286
location, quantity or quality of a coal deposit, and the gathering 287
of environmental data to establish the conditions of the area 288
before the beginning of surface coal mining and reclamation 289
operations. 290
(j) "Federal act" means the Surface Mining Control and 291
Reclamation Act of 1977, as amended, which is codified as Section 292
1201 et seq. of Title 30 of the United States Code. 293
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(k) "Formal hearing" means a hearing on the record, as 294
recorded and transcribed by a court reporter, before the 295
commission or Permit Board where all parties to the hearing are 296
allowed to present witnesses, cross-examine witnesses and present 297
evidence for inclusion into the record, as appropriate under rules 298
promulgated by the commission or Permit Board. 299
(l) "Imminent danger to health and safety of the 300
public" means the existence of any condition or practice, or any 301
violation of a permit or other requirement of this chapter, in a 302
surface coal mining and reclamation operation, which could 303
reasonably be expected to cause substantial physical harm to 304
persons outside the permit area before that condition, practice or 305
violation can be abated. A reasonable expectation of death or 306
serious injury before abatement exists if a rational person 307
subjected to the same conditions or practices giving rise to the 308
peril would not expose himself or herself to the danger during the 309
time necessary for abatement. 310
(m) "Interested party" means any person claiming an 311
interest relating to the surface coal mining operation and who is 312
so situated that the person may be affected by that operation, or 313
in the matter of regulations promulgated by the commission, any 314
person who is so situated that the person may be affected by the 315
action. 316
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(n) "Lignite" means consolidated lignite coal having 317
less than eight thousand three hundred (8,300) British thermal 318
units per pound, moist and mineral matter free. 319
(o) "Operator" means any person engaged in coal mining 320
who removes or intends to remove more than two hundred fifty (250) 321
tons of coal from the earth by coal mining within twelve (12) 322
consecutive calendar months in any one (1) location. 323
(p) "Permit" means a permit to conduct surface coal 324
mining and reclamation operations issued under this chapter. 325
(q) "Permit area" means the area of land indicated on 326
the approved map submitted by the operator with the permit 327
application which area of land shall be covered by the operator's 328
performance bond. 329
(r) "Permit Board" means the Permit Board created under 330
Section 49-17-28. 331
(s) "Person" means an individual, partnership, 332
association, society, joint venture, joint-stock company, firm, 333
company, corporation, cooperative or other business organization 334
and any agency, unit or instrumentality of federal, state or local 335
government, including any publicly owned utility or publicly owned 336
corporation. 337
(t) "Prime farmland" means that farmland as defined by 338
the United States Secretary of Agriculture on the basis of factors 339
such as moisture availability, temperature regime, chemical 340
balance, permeability, surface layer composition, susceptibility 341
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to flooding and erosion characteristics, and which historically 342
have been used for intensive agricultural purposes, and as 343
published in the federal register. 344
(u) "Public hearing," "informal hearing" or "public 345
meeting" means a public forum organized by the commission, 346
department or Permit Board for the purpose of providing 347
information to the public regarding a surface coal mining and 348
reclamation operation or regulations proposed by the commission 349
and at which members of the public are allowed to make comments or 350
ask questions or both of the commission, department or the Permit 351
Board. 352
(v) "Reclamation plan" means a plan submitted by an 353
applicant for a permit which sets forth a plan for reclamation of 354
the proposed surface coal mining operations under this chapter. 355
(w) "Revision" means any change to the permit or 356
reclamation plan that does not significantly change the effect of 357
the mining operation on either those persons impacted by the 358
permitted operations or on the environment, including, but not 359
limited to, incidental boundary changes to the permit area or a 360
departure from or change within the permit area, incidental 361
changes in the mining method or incidental changes in the 362
reclamation plan. 363
(x) "Secretary" means the Secretary of the United 364
States Department of Interior. 365
(y) "State" means the State of Mississippi. 366
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* * * 367
( * * *z) "State reclamation program" means the 368
Mississippi program for abandoned mine reclamation provided for in 369
this chapter. 370
( * * *aa) "Surface coal mining and reclamation 371
operations" 372
means surface coal mining operations and all activities necessary 373
and incident to the reclamation of those operations. 374
( * * *bb) "Surface coal mining operations" means: 375
(i) Activities conducted on the surface and 376
immediate subsurface of lands in connection with a surface coal 377
mine, surface operations and surface impacts incident to an 378
underground coal mine, the products of which enter commerce or the 379
operations of which directly or indirectly affect commerce. These 380
activities include, but are not limited to: 381
(A) Excavation for the purpose of obtaining 382
coal including common methods such as contour, strip, auger, 383
mountaintop removal, boxcut, open pit and area mining; 384
(B) The use of explosives and blasting, in 385
situ distillation or retorting, leaching or other chemical or 386
physical processing; and 387
(C) The cleaning, concentrating or other 388
processing or preparation, and the loading of coal for commerce at 389
or near the mine site. 390
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These activities do not include exploration operations 391
subject to Section 53-9-41. 392
(ii) Areas upon which the activities occur or 393
where the activities disturb the natural land surface. These 394
areas shall also include, but are not limited to: 395
(A) Any adjacent land the use of which is 396
incidental to any activities; 397
(B) All lands affected by the construction of 398
new roads or the improvement or use of existing roads to gain 399
access to the site of any activities and for haulage; 400
(C) All lands affected by excavations, 401
workings, impoundments, dams, ventilation shafts, entryways, 402
refuse banks, dumps, stockpiles, overburden piles, spoil banks, 403
culm banks, tailings, holes or depressions, repair areas, storage 404
areas, processing areas, shipping areas and other areas upon which 405
are sited structures, facilities or other property or materials on 406
the surface resulting from or incident to the activities. 407
( * * *cc) "Unwarranted failure to comply" means the 408
failure of a permittee to prevent or abate the occurrence of any 409
violation of a permit, this chapter or any regulation promulgated 410
under this chapter due to indifference, lack of diligence or lack 411
of reasonable care. 412
SECTION 5. Section 53-9-31, Mississippi Code of 1972, is 413
amended as follows: 414
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53-9-31. (1) The applicant shall file with the department, 415
in the manner and form as required by the commission, a bond for 416
performance payable to the commission and conditional upon 417
faithful performance of the requirements of this chapter and the 418
permit. The bond shall be filed before the issuance of a permit. 419
The bond shall cover that area of land within the permit area upon 420
which the operator will initiate and conduct surface coal mining 421
and reclamation operations within the initial term of the permit. 422
The permit area shall be readily identifiable by appropriate marks 423
on the site. As succeeding increments of surface coal mining and 424
reclamation operations are to be initiated and conducted within 425
the permit area, the permittee shall file with the department an 426
additional bond or bonds to cover those increments in accordance 427
with this section. The amount of the bond required for each 428
bonded area shall depend upon the reclamation requirements of the 429
permit and shall reflect the probable difficulty of reclamation, 430
giving consideration to factors such as topography, geology of the 431
site, hydrology and revegetation potential. The amount of the 432
bond shall be determined by the permit board after consultation 433
with the * * * department. The amount of the bond shall be 434
sufficient to assure the completion of the reclamation plan if the 435
work had to be performed by the department in the event of 436
forfeiture, and in no case shall the bond for the entire area 437
under one (1) permit be less than Ten Thousand Dollars 438
($10,000.00). 439
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(2) Liability under the bond shall be for the duration of 440
the surface coal mining and reclamation operation and for a period 441
which coincides with the operator's responsibility for 442
revegetation requirements in regulations promulgated under Section 443
53-9-45. The bond shall be executed by the operator and a 444
corporate surety licensed to do business in this state. The 445
operator may elect to deposit the following in lieu of the surety 446
bond: cash, negotiable bonds of the United States government or 447
the state, or negotiable certificates of deposit or a letter of 448
credit of any bank organized or transacting business in the state 449
and insured by the Federal Deposit Insurance Corporation or the 450
Federal Savings and Loan Insurance Corporation or a similar 451
federal banking or savings and loan insurance organization. The 452
cash deposit or market value of the securities shall be equal to 453
or greater than the amount of the bond required for the bonded 454
area. 455
(3) In accordance with any conditions established by the 456
commission in regulations promulgated under this chapter, the 457
permit board may accept the bond of the applicant itself without 458
separate surety if the applicant demonstrates to the satisfaction 459
of the permit board the existence of a suitable agent to receive 460
service of process, a history of financial solvency and continuous 461
operation sufficient for authorization to self-insure or bond that 462
amount. 463
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(4) Cash, negotiable bonds, negotiable certificates of 464
deposit, letters of credit or securities deposited as provided in 465
subsection (2) of this section shall be deposited on the same 466
terms upon which surety bonds may be deposited. 467
(5) The amount of the financial assurance required and the 468
terms of each acceptance of the applicant's financial assurance 469
shall be adjusted by the permit board from time to time as 470
affected land acreages are increased or decreased or where the 471
cost of future reclamation changes. 472
SECTION 6. Section 53-9-32, Mississippi Code of 1972, is 473
amended as follows: 474
53-9-32. Upon receipt of a complete application for a 475
surface coal mining and reclamation operation, staff of the * * * 476
department shall prepare a brief written summary of the proposed 477
operation and reclamation. This summary shall be written in 478
language understandable to the general public and shall be made 479
available to the public at the department and at each location 480
where the applicant is required to place a copy of the application 481
for public inspection. 482
SECTION 7. Section 53-9-33, Mississippi Code of 1972, is 483
amended as follows: 484
53-9-33. (1) Upon the basis of a complete application for 485
permit or a complete application for modification or reissuance of 486
a permit, including public notification and an opportunity for 487
public hearing as required by Section 53-9-37, the permit board 488
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shall issue, deny or modify the permit within the time required 489
under Section 53-9-37 and shall notify the applicant in writing of 490
its action within the time required under Section 53-9-39. The 491
applicant for a permit or modification of a permit shall have the 492
burden of establishing that its complete application is in 493
compliance with the requirements of this chapter and regulations 494
promulgated under this chapter. The action of the permit board 495
shall be effective upon the initial decision by the permit board 496
as recorded in the minutes of the permit board. 497
(2) No permit or modification shall be issued or granted 498
unless the application affirmatively demonstrates, and the permit 499
board finds in writing on the basis of the information set forth 500
in the application or from information otherwise available which 501
shall be documented in the written findings of the permit board 502
and made available to the applicant, that: 503
(a) The permit application is accurate and complete, 504
and the applicant and application have complied with all 505
requirements of this chapter and the regulations promulgated under 506
this chapter; 507
(b) The applicant has demonstrated that reclamation as 508
required by this chapter and the regulations promulgated under 509
this chapter can be accomplished under the reclamation plan 510
contained in the permit application; 511
(c) The assessment of the probable cumulative impact of 512
all anticipated mining in the area on the hydrologic balance as 513
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specified in Section 53-9-25, has been made by the * * * 514
department and the proposed operation has been designed to prevent 515
material damage to hydrologic balance outside the permit area; 516
(d) The area proposed to be mined is not included 517
within an area designated unsuitable for surface coal mining under 518
Section 53-9-71, or is not within an area that is the subject of 519
an administrative proceeding for that designation commenced under 520
Section 53-9-71; and 521
(e) If the private coal estate has been severed from 522
the private surface estate, the applicant shall have submitted to 523
the permit board: 524
(i) The written consent of the surface owners to 525
the extraction of coal by surface mining methods; or 526
(ii) A conveyance that expressly grants or 527
reserves the right to extract the coal by surface mining methods. 528
Any determination made by the permit board under paragraph 529
(e) of this subsection shall not be construed as an adjudication 530
of property rights. 531
(3) If the area proposed to be mined contains prime farmland 532
the permit board shall issue a permit to mine on prime farmland if 533
the permit board finds in writing that the operator has satisfied 534
the requirements of subsection (2) of this section and has the 535
technological capability to restore the mined area within a 536
reasonable time to equivalent or higher levels of yield as 537
nonmined prime farmland in the surrounding area under equivalent 538
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levels of management and can meet the soil reconstruction 539
standards in the regulations promulgated under Section 53-9-45. 540
(4) No transfer, assignment or sale of the rights granted 541
under any permit issued under this chapter shall be made without 542
approval of the permit board. 543
(5) The permit board shall, within a period of time 544
established in regulations promulgated by the commission, review 545
outstanding permits and may require reasonable modification of the 546
permit provisions during the term of that permit. Any 547
modification shall be based upon a written finding and subject to 548
notice and hearing requirements established by this chapter and 549
regulations promulgated under this chapter. 550
SECTION 8. Section 53-9-69, Mississippi Code of 1972, is 551
amended as follows: 552
53-9-69. (1) (a) When, on the basis of any information 553
available, including receipt of information from any person, the 554
executive director or * * * the executive director's designee has 555
reason to believe that any person is in violation of this chapter, 556
any regulation or written order of the commission issued or 557
promulgated under this chapter or any condition of a permit, the 558
executive director or state geologist as the executive director's 559
designee shall immediately order inspection of the surface coal 560
mining operation at which the alleged violation is occurring 561
unless the information available is a result of a previous 562
inspection of the surface coal mining operation. When the 563
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inspection results from information provided to the executive 564
director * * * by any person who is not an employee of the 565
department, the executive director or * * * the executive 566
director's designee shall notify the person when the inspection is 567
proposed to be carried out and the person shall be allowed to 568
accompany the inspector during the inspection. 569
(b) When, on the basis of any inspection, the 570
executive director or the executive director's authorized 571
representative determines that any condition or practices exist or 572
that any permittee is in violation of this chapter or any 573
regulation or written order of the commission promulgated or 574
issued under this chapter or any condition of a permit and the 575
condition, practice or violation also creates an imminent danger 576
to the health and safety of the public, or is causing or can 577
reasonably be expected to cause significant imminent environmental 578
harm to land, air or water resources, the executive director or 579
the executive director's authorized representative shall 580
immediately order a cessation of surface coal mining and 581
reclamation operations or the portion of those operations relevant 582
to the condition, practice or violation. The cessation order 583
shall remain in effect until the executive director or the 584
executive director's authorized representative determines that the 585
condition, practice or violation has been abated or until the 586
order is modified, vacated or terminated by the executive director 587
or the executive director's authorized representative. 588
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If the commission, executive director or the executive director's 589
authorized representative finds that the ordered cessation of 590
surface coal mining and reclamation operations, or any portion of 591
those operations shall not completely abate the imminent danger to 592
health or safety of the public or the significant imminent 593
environmental harm to land, air or water resources, the 594
commission, executive director or the executive director's 595
authorized representative shall, in addition to the cessation 596
order, impose obligations on the operator requiring the operator 597
to take whatever steps the commission, executive director or the 598
executive director's authorized representative deems necessary to 599
abate the imminent danger or the significant environmental harm. 600
(c) (i) When, on the basis of an inspection, the 601
executive director or the executive director's authorized 602
representative determines that any permittee is in violation of 603
this chapter, any regulation or written order of the commission 604
promulgated or issued under this chapter or any condition of a 605
permit but that violation does not create an imminent danger to 606
the health and safety of the public or cannot be reasonably 607
expected to cause significant imminent environmental harm to land, 608
air or water resources, the commission, executive director or the 609
executive director's authorized representative shall issue an 610
order to the permittee or agent of the permittee setting a 611
reasonable time of not more than ninety (90) days for the 612
abatement of the violation and if deemed necessary by the 613
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commission, executive director or the executive director's 614
authorized representative ordering an immediate cessation of 615
activities violating or resulting in the violation of this 616
chapter, the regulations promulgated under this chapter or any 617
condition or limitation of a permit. 618
(ii) If, upon expiration of the period of time as 619
originally fixed or subsequently extended, for good cause shown 620
and upon the written finding of the commission, the executive 621
director or the executive director's authorized representative 622
finds that the violation has not been abated, the commission, the 623
executive director or the executive director's authorized 624
representative shall immediately order a cessation of surface coal 625
mining and reclamation operations or the portion of those 626
operations relevant to the violation. The cessation order shall 627
remain in effect until the commission, the executive director or 628
the executive director's authorized representative determines that 629
the violation has been abated or until that order is modified, 630
vacated or terminated by the commission, the executive director or 631
the executive director's authorized representative. In the 632
cessation order issued by the commission, the executive director 633
or the executive director's authorized representative, the 634
commission, the executive director or the executive director's 635
authorized representative shall determine the steps necessary to 636
abate the violation in the most expeditious manner possible, and 637
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shall include measures in the order necessary to achieve that 638
abatement. 639
(d) When, on the basis of an inspection, the executive 640
director has reason to believe that a pattern of violations of 641
this chapter, any regulation promulgated under this chapter or any 642
condition of a permit exists or has existed, and if the executive 643
director also finds that the violations are caused by the 644
unwarranted failure of the permittee to comply with this chapter, 645
any regulation promulgated under this chapter or any condition of 646
a permit, or that the violations are willfully caused by the 647
permittee, the executive director shall issue an order to the 648
permittee to show cause as to why the permit should not be 649
suspended or revoked by the permit board. Upon the permittee's 650
failure to show cause to the satisfaction of the executive 651
director or the executive director's authorized representative as 652
to why the permit should not be suspended or revoked, the 653
executive director or the executive director's authorized 654
representative shall present this information to the permit board 655
and request that the permit board suspend or revoke the permit. 656
The permit board shall decide the executive director's request 657
under the procedures of Section 49-17-29(4) and (5). Any request 658
by an interested party for a formal hearing regarding the permit 659
board's initial decision on suspension or revocation of the permit 660
or any appeal of the final decision following the formal hearing 661
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by any person who participated as a party in the formal hearing 662
may be taken as provided under Section 49-17-29(4) and (5). 663
(e) The permittee or other interested party may request 664
a formal hearing concerning an order of the commission issued 665
under paragraph (b) or (c) of this subsection as provided under 666
Section 49-17-41. 667
(2) (a) The commission may institute a civil action for 668
relief, including a permanent or temporary injunction or any other 669
appropriate order, in the chancery court of the county or judicial 670
district in which the surface coal mining and reclamation 671
operation is located, in which the permittee has its principal 672
office, or in the First Judicial District of Hinds County when the 673
permittee or its agent: 674
(i) Violates or fails or refuses to comply with 675
any permit, order or decision issued by the permit board or 676
commission under this chapter; 677
(ii) Interferes with, hinders or delays the 678
commission, permit board, department, executive director or any 679
authorized representative of the executive director in carrying 680
out this chapter; 681
(iii) Refuses to admit any authorized 682
representative of the executive director, commission, permit board 683
or department to the mine; 684
(iv) Refuses to permit inspection of the mine by 685
that authorized representative; 686
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(v) Refuses to furnish any information or report 687
requested by the commission, permit board or department in 688
furtherance of this chapter; or 689
(vi) Refuses to permit access to and copying of 690
any records as the commission, permit board or department 691
determines necessary in carrying out this chapter. 692
(b) The court shall have jurisdiction to provide any 693
relief as may be appropriate. Preliminary injunctions shall be 694
issued in accordance with state law. The commission may obtain 695
mandatory or prohibitory injunctive relief, either temporary or 696
permanent, and in cases of imminent and substantial hazard or 697
endangerment to the environment or public health, it is not 698
necessary that the commission plead or prove: (i) that 699
irreparable damage would result if the injunction did not issue; 700
(ii) that there is no adequate remedy at law; or (iii) that a 701
written complaint or commission order has first been issued for 702
the alleged violation. Any relief granted by the court to enforce 703
an order under subsection 2(a)(i) of this section shall continue 704
in effect until the completion or final termination of all 705
proceedings for review of that order under this chapter unless, 706
before that time, the court granting the relief sets it aside or 707
modifies it. 708
(3) Nothing in this section shall be construed to eliminate 709
any additional enforcement rights or procedures which are 710
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available under state law to a state agency but which are not 711
specifically stated in this section. 712
(4) When an order is issued under this section, or as a 713
result of any administrative proceeding under this chapter, at the 714
request of any person, a sum equal to the aggregate amount of all 715
costs and expenses, including attorney's fees, as determined by 716
the commission to have been reasonably incurred by that person for 717
or in conjunction with that person's participation in the 718
proceedings, including any judicial review of agency actions, may 719
be assessed against either party as the court, resulting from 720
judicial review, or the commission, resulting from administrative 721
proceedings deems proper. 722
SECTION 9. Section 53-9-71, Mississippi Code of 1972, is 723
amended as follows: 724
53-9-71. (1) (a) The commission shall establish a planning 725
process enabling objective decisions based upon competent and 726
scientifically sound data and information as to which, if any, 727
land areas of the state are unsuitable for all or certain types of 728
surface coal mining operations under the standards set forth in 729
paragraphs (b) and (c) of this subsection. Surface coal mining 730
and reclamation permits may be issued before completion of the 731
planning process. That designation shall not prevent the mineral 732
exploration under this chapter of any area designated as 733
unsuitable. 734
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(b) Upon petition under subsection (2) of this section, 735
the commission shall designate an area as unsuitable for all or 736
certain types of surface coal mining operations if the commission 737
determines that reclamation under this chapter is not 738
technologically and economically feasible. 739
(c) Upon petition under subsection (2) of this section, 740
a surface area may be designated unsuitable for certain types of 741
surface coal mining operations if the operations will: 742
(i) Be incompatible with existing state or local 743
land-use plans or programs; 744
(ii) Affect fragile or historic lands in which 745
those operations could result in significant damage to important 746
historic, cultural, scientific and aesthetic values and natural 747
systems; 748
(iii) Affect renewable resource lands in which the 749
operations could result in a substantial loss or reduction of 750
long-range productivity of water supply from surface or subsurface 751
sources or of food or fiber products. These lands shall include, 752
but not be limited to, aquifers and aquifer recharge areas; or 753
(iv) Affect natural hazard lands in which the 754
operations could substantially endanger life and property, 755
including, but not limited to, areas subject to frequent flooding 756
and areas of unstable geology. 757
(d) The * * * staff of the department shall be 758
responsible for surface coal mining lands review and shall assist 759
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the commission and, as practicable, regional and local 760
governmental units in developing: 761
(i) A data base and inventory system which will 762
permit proper evaluation of the capacity of different land areas 763
of the state to support and allow reclamation of surface coal 764
mining operations; 765
(ii) A method or methods for implementing land-use 766
planning decisions concerning surface coal mining operations; and 767
(iii) Proper notices and opportunities for public 768
participation, including, but not limited to, a public hearing 769
before making any designation or redesignation, under this 770
section. 771
(e) Determinations of the unsuitability of land for 772
surface coal mining, under this section shall be integrated as 773
closely as possible with present and future land-use planning and 774
regulation processes at the federal, state and local governmental 775
levels. 776
(f) This section shall not apply to lands on which 777
surface coal mining operations are being conducted under a permit 778
issued under this chapter. 779
(2) (a) Any interested party may petition the commission to 780
have an area designated as unsuitable for surface coal mining 781
operations, or to have a designation terminated. A petition shall 782
contain allegations of facts with supporting evidence which would 783
tend to establish the allegations. Within six (6) months after 784
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receipt of the petition, the commission shall hold a public 785
hearing in the county in which the affected area is located. The 786
commission shall provide appropriate notices and publications of 787
the date, time and location of that hearing. After an interested 788
party has filed a petition, but before the hearing required by 789
this subsection is held, any person may intervene by filing 790
allegations of facts with supporting evidence which would tend to 791
establish the allegations. Within sixty (60) days after the 792
public hearing, the commission shall issue and furnish to the 793
petitioner and any other party participating in the hearing a 794
written decision regarding the petition, and the reasons for its 795
decision. If all the petitioners stipulate agreement before the 796
requested hearing and withdraw their request, the commission may 797
cancel the public hearing. Any interested party aggrieved by a 798
decision of the commission under this section may request a formal 799
hearing as provided in Section 49-17-41. Any person who 800
participated as a party in the formal hearing may appeal the final 801
decision of the commission as provided in Section 49-17-41. 802
(b) The commission shall promulgate regulations not 803
less stringent than federal regulations regarding procedures for 804
designating lands unsuitable for surface coal mining, including 805
procedures for the content and submission of petitions and notice 806
and public hearing requirements. 807
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(3) Before designating any land areas as unsuitable for 808
surface coal mining operations, the * * * staff of the department 809
shall prepare a detailed statement on: 810
(a) The potential coal resources of the areas; 811
(b) The demand for coal resources; and 812
(c) The impact of the designation on the environment, 813
the economy of the state and the supply of coal. 814
(4) After July 1, 1979, and subject to valid rights, no 815
surface coal mining operations shall be permitted: 816
(a) On any lands within the boundaries of units of the 817
National Park System, the National Wildlife Refuge Systems, the 818
National System of Trails, the National Wilderness Preservation 819
System, the Wild and Scenic Rivers System, including study rivers 820
designated under Section 1276(a) of Title 16 of the United States 821
Code, and National Recreation Areas designated by Act of Congress; 822
(b) On any lands within the boundaries of any state 823
park, state wildlife refuge, state forest, recorded state 824
historical landmark, state historic site, state archaeological 825
landmark, or city or county park, forest or historical area. The 826
commission may, for good cause shown and after a public hearing, 827
make exceptions to this paragraph; 828
(c) On any federal lands within the boundaries of any 829
national forest, unless the United States Secretary of Agriculture 830
or the secretary's designee finds that there are no significant 831
recreational, timber, economic or other values which may be 832
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incompatible with the surface coal mining operations or the 833
surface operations and impacts incident to an underground coal 834
mine; 835
(d) Which will adversely affect any publicly owned park 836
or places included in the national register of historic sites 837
unless approved jointly by the commission and any federal, state 838
or local agency with jurisdiction over the park or the historic 839
site; 840
(e) Within one hundred (100) feet of the outside 841
right-of-way line of any public road except where mine access 842
roads or haulage roads join the right-of-way line, unless the 843
commission authorizes those roads to be relocated or the area 844
affected to lie within one hundred (100) feet of the road and if, 845
after public notice and opportunity for public hearing in the 846
county in which the surface coal mining and reclamation operations 847
are located, the commission makes a written finding that the 848
interests of the public and the landowners affected thereby will 849
be protected; or 850
(f) Within three hundred (300) feet of any occupied 851
dwelling, unless waived by the owner of that dwelling, or any 852
public building, school, church, community or institutional 853
building, public park, or within one hundred (100) feet of a 854
cemetery. 855
(5) Those lands designated prior to July 1, 1979, as 856
unsuitable for surface mining under the Mississippi Surface Mining 857
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and Reclamation Law, and all applicable rules and regulations 858
promulgated under that law are unsuitable for surface coal mining 859
under this section. 860
SECTION 10. Section 53-9-83, Mississippi Code of 1972, is 861
amended as follows: 862
53-9-83. (1) This section applies where coal owned by the 863
state under land, the surface rights to which are owned by a 864
surface owner as defined in this section, is to be mined by 865
methods other than underground mining techniques. 866
(2) The state shall not enter into any lease of state coal 867
deposits until the surface owner has given written consent to 868
enter and commence surface coal mining and reclamation operations 869
and the commission has obtained evidence of that consent. Written 870
consent given by any surface owner before July 1, 1979, shall be 871
deemed sufficient for the purposes of complying with this section. 872
(3) In order to minimize disturbance to surface owners from 873
surface coal mining of state coal deposits and to assist in the 874
preparation of comprehensive land-use plans, the * * * staff of 875
the department shall consult with any surface owner whose land is 876
proposed to be included in a leasing tract and shall ask the 877
surface owner to declare a preference for or against the offering 878
of the deposit under this land for lease. The state shall, in its 879
discretion but to the maximum extent practicable, refrain from 880
leasing coal deposits for development by methods other than 881
underground mining techniques in those areas where a significant 882
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number of surface owners have declared a preference against the 883
offering of the deposits for lease. 884
(4) For the purpose of this section, "surface owner" means 885
the natural person or persons, or corporation, the majority stock 886
of which is held by a person or persons who meet the other 887
requirements of this section, who: 888
(a) Hold legal or equitable title to the land surface; 889
(b) Have their principal place of residence on the land 890
or are personally conducting farming or ranching operations upon a 891
farm or ranch unit which is to be affected by surface coal mining 892
and reclamation operations, or receive directly a significant 893
portion of their income, if any, from those farming or ranching 894
operations; and 895
(c) Have met the conditions of paragraphs (a) and (b) 896
for at least three (3) years before granting consent. 897
In computing the three-year period, the commission may 898
include periods during which title was owned by a relative of that 899
person by blood or marriage during which period the relative would 900
have met the requirements of this subsection. 901
(5) Nothing in this section shall be construed as increasing 902
or diminishing any property rights held by the state or by any 903
other landowner. 904
SECTION 11. Section 53-9-105, Mississippi Code of 1972, is 905
amended as follows: 906
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53-9-105. (1) The department * * * shall establish and 907
maintain a state reclamation program for abandoned mines which 908
complies with Subchapter IV of the federal Surface Mining Control 909
and Reclamation Act of 1977, 30 USCS 1231 through 1243. 910
(2) For any year in which the department intends to conduct 911
abandoned mine lands reclamation with amounts held in the 912
Abandoned Mine Lands Reclamation Account, the executive director 913
shall submit to the secretary an application for the support of 914
the state program and implementation of specific reclamation 915
projects. Such requests shall include information required by the 916
secretary. This may include, but is not limited to: 917
(a) A general description of each proposed project; 918
(b) A priority evaluation of each proposed project; 919
(c) A statement of the estimated benefits in such terms 920
as: number of acres restored, miles of stream improved, acres of 921
surface lands protected from subsidence, population protected from 922
subsidence, air pollution, hazards of mine and coal refuse 923
disposal area fires; 924
(d) An estimate of the cost for each proposed project; 925
(e) In the case of proposed research and demonstration 926
projects, a description of the specific techniques to be evaluated 927
or objective to be attained; 928
(f) An identification of lands or interest therein to 929
be acquired and the estimated cost; and 930
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(g) In each year after the first in which a plan is 931
filed, an inventory of each project funded under the previous 932
year's grant. This inventory shall include details of financial 933
expenditures on each project together with a brief description of 934
each project, including project locations, the landowner's name, 935
acreage, and the type of reclamation or abatement performed. 936
(3) The reported costs for each proposed project shall 937
include: actual construction costs, actual operation and 938
maintenance costs of permanent facilities, planning and 939
engineering costs, construction inspection costs, and other 940
necessary administrative expenses. 941
(4) The executive director shall make reports on operations 942
of the reclamation program as required by the secretary or by 943
Congress. 944
(5) The executive director shall at all times accept and 945
consider comments regarding annual grant applications and the 946
eligibility, priority ranking and selection of lands for 947
reclamation. At least thirty (30) days prior to the submission of 948
each annual grant application to the secretary, the executive 949
director shall provide for a public hearing and shall publish a 950
notice regarding the proposed grant application and the public 951
hearing in a newspaper of general circulation in the state. The 952
public notice shall state that a hearing will be held, generally 953
outline the grant application, and solicit comments regarding the 954
application. A listing and identification of all projects 955
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ST: Surface mining and reclamation; revise
provisions relating to.
included in the grant application shall be mailed to all persons 956
who have requested written notification of the annual grant 957
application and shall be available to any person upon request. At 958
the public hearing for review of an annual grant application, any 959
person may appear before the executive director or his or her 960
designee and be heard on the record. The executive director may 961
receive documentary or other evidence for inclusion in the record. 962
The executive director shall fix a time for the closing of the 963
record and may, in his discretion, receive other comments or 964
evidence that he deems appropriate after the public hearing and 965
before the closing of the record. A copy of the record shall be 966
included with the grant application to the secretary. 967
(6) The state shall not be liable under any provision of 968
federal law for any costs or damages as a result of action taken 969
or omitted in the course of carrying out the state reclamation 970
program approved by the secretary. This subsection shall not 971
preclude liability for costs or damages as a result of gross 972
negligence or intentional misconduct by the state. Reckless, 973
willful or wanton misconduct shall constitute gross negligence. 974
However, nothing in this subsection shall be deemed to waive any 975
immunity provided by Mississippi law to the state or its 976
employees, or to waive the protection afforded the state by the 977
Eleventh Amendment to the United States Constitution. 978
SECTION 12. This act shall take effect and be in force from 979
and after its passage. 980