11 Miss. Code. R. 8-1.2.7

Current through December 10, 2024

Rule 11-8-1.2.7 - Permit Approval and Denial

A. The Permit Board, consistent with the Act and these Regulations, may reissue, deny, modify, revoke, cancel, rescind, suspend or transfer a permit for a surface mining operation. The Director of the Office of Geology, as a member of the Permit Board, shall abstain in any action taken by the Permit Board pursuant to the Act or these Regulations.

B. Any permit approved by the Permit Board is not transferable to any person except after notice to and approval by the Permit Board.

C. The Permit Board shall issue a permit if the Permit Board determines that the applicant and completed application comply with the requirements of the Act and these Regulations.

D. The Permit Board may deny a permit if:

(1) The Permit Board finds that the reclamation as required by this chapter cannot be accomplished by means of the proposed reclamation plan;

(2) Any part of the proposed operation lies within an area designated as unsuitable for surface mining;

(3) The Permit Board finds that the proposed mining operation will cause pollution of any water of the state or of the ambient air of the state in violation of applicable state and federal laws and regulations;

(4) The applicant has had any other surface mining permit revoked, or any bond or deposit posted to comply with this chapter forfeited, and the conditions causing the permit to be revoked or the bond or deposit to be forfeited have not been corrected to the satisfaction of the Permit Board;

(5) The Permit Board determines that the proposed operation will endanger the health and safety of the public or will create imminent environmental harm;

(6) The operation will likely adversely affect any public highway or road unless the operation is intended to stabilize or repair the public road or highway; or

(7) The applicant is unable to meet the public liability insurance or performance bonding requirements of the Act and these Regulations.

E. The Permit Board shall deny a permit if the Permit Board finds by clear and convincing evidence on the basis of the information contained in the permit application or obtained by on-site inspection that the proposed operation cannot comply with the Act or these Regulations or that the proposed method of operation, road system construction, shaping or revegetation of the affected area cannot be carried out in a manner consistent with this chapter and applicable state and federal laws, rules and regulations.

F. The Department on behalf of the Permit Board may hold a public hearing to obtain comments from the public on its proposed action. If the Department on behalf of the Permit Board holds a public hearing, the Permit Board shall publish notice and conduct the hearing as provided in Miss. Code Ann. § 49-17-29.

G. The Permit Board may authorize the Executive Director, under any conditions the Permit Board may prescribe, to make decisions on permit issuance, reissuance, modification, rescission or cancellation. A decision by the Executive Director is a decision of the Permit Board and shall be subject to formal hearing and appeal as provided in Miss. Code Ann. § 49-17-29. The Executive Director shall report all permit decisions to the Permit Board at its next regularly scheduled meeting and those decisions shall be deemed as recorded in the minutes of the Permit Board at that time.

11 Miss. Code. R. 8-1.2.7

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