Mississippi Surface Mining and Reclamation Act
Mississippi · Oil, Gas, and Other Minerals · §§ 53-7-1 to 53-7-9 · 38 sections
Overview
This act governs surface mining operations and the reclamation of mined land, with much of its detail directed at surface coal mining. It requires operators to obtain permits supported by an approved reclamation plan and performance bonds, sets environmental protection performance standards, and provides for public notice, hearings, and administrative and judicial review of permitting decisions. It also authorizes inspections and monitoring, penalties and other enforcement measures, citizen suits and employee protections, fees supporting the regulatory program and reclamation of abandoned mines, and a process for designating certain areas as unsuitable for surface coal mining.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 8 court decisions.
Most-cited authority: 266 SO3D 994 - John M. Barham, Jr. v. Mississippi Power Company
Sections covered
- Miss. Code Ann. § 53-7-1Citation of chapter1 cite
- Miss. Code Ann. § 53-7-11Rules and regulations; public hearing; notice; comments
- Miss. Code Ann. § 53-7-13§§ 53-7-13, 53-7-15. Repealed
- Miss. Code Ann. § 53-7-17Commission to retain exclusive jurisdiction on passage of federal strip mining legislation
- Miss. Code Ann. § 53-7-19Powers and duties of commission
- Miss. Code Ann. § 53-7-21Surface mining permits; issuance; certificate of compliance
- Miss. Code Ann. § 53-7-23Issuance of general permits; conditions; application for permit; reclamation plan; review of application
- Miss. Code Ann. § 53-7-25General permit application fees
- Miss. Code Ann. § 53-7-27Submission of application for permit, proposed initial reclamation plan, and performance bond; form of application
- Miss. Code Ann. § 53-7-29Filing of copies of permit applications for public inspection with certain state agencies; review of application by agencies; comments and recommendations1 cite
- Miss. Code Ann. § 53-7-3Legislative findings and declarations1 cite
- Miss. Code Ann. § 53-7-31Reclamation plans; contents; reclaiming lands in lieu of lands included in notice of intent1 cite
- Miss. Code Ann. § 53-7-33Repealed
- Miss. Code Ann. § 53-7-35Reclamation standards and methods; alternative methods; concurrent reclamation; continuing right of entry; action on bond
- Miss. Code Ann. § 53-7-37Performance bonds
- Miss. Code Ann. § 53-7-39Initial review of application by department; department to make recommendation to Permit Board; on-site inspection of proposed area as condition of granting permit
- Miss. Code Ann. § 53-7-41Authority 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 decisions1 cite
- Miss. Code Ann. § 53-7-43Applications for modification, transfer, or reissuance of permit; right of successive reissuance upon expiration; term of reissuance; continuance of operation during reissuance process
- Miss. Code Ann. § 53-7-45Review of Permit Board action or decision1 cite
- Miss. Code Ann. § 53-7-47Mining prohibited in national and state park lands
- Miss. Code Ann. § 53-7-49Designation of certain lands as unsuitable for surface mining; criteria for designation1 cite
- Miss. Code Ann. § 53-7-5Definitions1 cite
- Miss. Code Ann. § 53-7-51Designation of certain lands as unsuitable for surface mining; petition for modification, amendment or termination of designation; appeal
- Miss. Code Ann. § 53-7-53Records, reports and equipment to be maintained by permittees
- Miss. Code Ann. § 53-7-55Inspection by department; inspection reports; procedure on detection of violation
- Miss. Code Ann. § 53-7-57Inspection by representatives of local soil and water conservation districts; recommendations of progress of reclamation activities
- Miss. Code Ann. § 53-7-59Violations; penalties; appeals; commission authorized to pursue civil action for relief; limitation on liability
- Miss. Code Ann. § 53-7-61Criminal penalties for false statement, representation or certification; willful violations
- Miss. Code Ann. § 53-7-63Request for formal hearing by aggrieved party; authority to subpoena witnesses, administer oaths, examine witnesses and conduct hearing
- Miss. Code Ann. § 53-7-65Report or complaint alleging violation; investigation; hearing; order; notice; proof of service; appeal
- Miss. Code Ann. § 53-7-67Release of bond; contents of application; inspection and evaluation of reclamation work; schedule for release; procedure on disapproval of release
- Miss. Code Ann. § 53-7-69Surface Mining and Reclamation Fund
- Miss. Code Ann. § 53-7-7Permit requirement; applicability of law; exceptions and exemptions
- Miss. Code Ann. § 53-7-71Reclamation work; utilizing services of governmental agencies and private contractors; competitive bidding; right of access
- Miss. Code Ann. § 53-7-73Repealed
- Miss. Code Ann. § 53-7-75Disclosure of confidential information; penalty; application of Trade Secrets Act
- Miss. Code Ann. § 53-7-77Surface Mine Worker Safety Training Program Operations Fund
- Miss. Code Ann. § 53-7-9Administration and enforcement of chapter
Enacted in other states
All Mississippi named statutes →
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