11 Miss. Code. R. 8-1.2.10

Current through December 10, 2024

Rule 11-8-1.2.10 - Operator Requirements

A. Each operator holding a permit shall establish and maintain records, including:

(1) fees and bonds and penalties paid to the Department;

(2) all correspondence with the Department and its authorized representatives;

(3) reports, in writing, from authorized field inspectors;

(4) the results of readings, taken on a specified periodic basis, from any monitoring equipment installed pursuant to orders from the Commission or from the Permit Board.

B. Each permittee shall make a report to the Department annually. This report shall accompany the certificate of compliance and shall include, as a minimum:

(1) the name of the operator and the permit number;

(2) area of land, in acres, affected by the operation during the previous year, with an itemization, in acres, of how the area was affected (i.e., vegetation removed, overburden removed, material extracted, regrading, revegetation, etc.);

(3) estimation of acreage to be affected by the operation during the following year; and

(4) a description of reclamation procedures and their degree of success and any suggestions or ideas the operator has regarding reclamation.

C. Each permittee shall install, use and maintain any monitoring equipment required by the Commission or the Permit Board for the purpose of observing and determining relevant surface or subsurface effects of the mining operation or reclamation program. Before requiring the operator to install monitoring equipment, the Permit Board, or Department, shall discuss and describe proper installation, use, and design of equipment and the purpose for such devices.

D. Each permittee shall be required to post signs at the points of access to each operation adjacent to the nearest public highway or road. These signs shall be at least two (2) feet by four (4) feet, constructed of a durable material, and clearly identify the name and address of the operator and the number of his surface mining permit. Signs shall be maintained during the life of an operation, including periods of temporary suspension and reclamation activity.

E. Records required to be held under these Regulations shall be held for a period of three (3) years from the date of their submission to the Department, or from the date of their preparation if not required to be so submitted, or such shorter period as may now or hereafter be specifically permitted for individual records. The Department may, in the adoption of its forms, specify the retention period of that form thereon.

F. Except for governmental agencies, a certificate of insurance certifying that the applicant has in force a public liability insurance policy issued by an insurance company authorized to conduct business in the State of Mississippi covering all operations of the applicant in this state and affording bodily injury protection and property damage protection in an amount not less than the following:

(1) One Hundred Thousand Dollars ($100,000.00) for all damages because of bodily injury sustained by one (1) person as the result of any one (1) occurrence, and Three Hundred Thousand Dollars ($300,000.00) for all damages because of bodily injury sustained by two (2) or more persons as the result of any one (1) occurrence; and

(2) One Hundred Thousand Dollars ($100,000.00) for all claims arising out of damage to property as the result of any one (1) occurrence including completed operations.

(3) The policy shall be maintained in full force and effect during the term of the permit, including the length of all reclamation operations.

G. Each permittee shall mark the permit boundary and place durable posts at the corners of the permit area. The posts shall be painted or flagged to be readily visible during the life of the operation.

11 Miss. Code. R. 8-1.2.10

Miss. Code Ann. §§ 53-7-1, et seq., 49-2-1, et seq., and 49-17-1, et seq.