Rule 11-8-1.6.1 - InspectionsA. Authorized representatives of the Department, on presentation of appropriate credentials, may enter and inspect any operation or any premises in which records required to be maintained under these Regulations are located and may at reasonable times, and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required by these Regulations, the Act, or a permit.B. Inspections of operations, with or without a permit, by the Department, shall occur at a frequency necessary to insure compliance with the Act and these Regulations and the terms and conditions of any permit. Inspections shall occur only during normal operating hours if practical, may occur without prior notice to the permittee or the agents or employees of the permittee, and shall include the filing of an inspection report. The Department shall make those reports part of the record and shall provide one (1) copy of the report to the operator. The Department shall, as practical, establish a system of rotation of field inspectors.C. Each field inspector, on detection of each violation of the Act, these Regulations, or the permit for the operation, shall inform the operator or the operator's agent orally at the time of the inspection and subsequently in writing and shall report any violation in writing to the Commission.D. Any representative of the local Soil and Water Conservation District, upon presentation of appropriate credentials may enter and inspect the operation for the purpose of making recommendations regarding reclamation activities. The representative shall make any recommendations on the progress of reclamation activities in writing to the Department on behalf of the Permit Board.E. 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 hearing is held on the application or the applicant agrees in writing to an additional time frame. If a public hearing is held, the Department shall make its recommendation at the next regularly scheduled Permit Board meeting following the public hearing, if practicable.F. An on-site inspection of the proposed affected area shall be made by the Department within the thirty-day time period specified in Rule 1.6.1.E of these Regulations, and before a permit is issued.G. After receipt of the application for bond release, the Department shall conduct an inspection and evaluation of the reclamation work involved. The evaluation shall consider, among other things, the occurrence of pollution of surface and subsurface water, the probability of continuance or future occurrence of pollution, and the estimated cost of abating the pollution. Results of the evaluation and findings of the Department, and the local Soil and Water Commissioners if such evaluations and findings are so made, shall be provided within thirty (30) days after the inspection to the operator and other interested parties, making written request for the evaluation and findings.11 Miss. Code. R. 8-1.6.1
Miss. Code Ann. §§ 53-7-1, et seq., 49-2-1, et seq., and 49-17-1, et seq.