Current through December 10, 2024
Section 11-8-2.1-1-111 - Notice of Citizen Suits(a) A person who intends to initiate a civil action on his or her own behalf under § 53-9-67 shall give notice of intent to do so, in accordance with this Section.(b) Notice shall be given by certified mail to the Executive Director, chief legal counsel of the Department, and the Attorney General in all cases. A copy of the notice shall also be sent by first class mail to the regional director of the federal Office of Surface Mining if the complaint involves or relates to surface coal mining and reclamation operations in a specific region of the federal office.(c) Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the act or any regulation, order, or permit issued under the act.(d) Service of notice under this Section is complete upon receipt by the Executive Director, chief legal counsel, and the Attorney General. Service is complete on the alleged violator by mailing to the most recent address of the person being notified, as reflected in the records of the Department.(e) A person giving notice regarding an alleged violation shall state, to the extent known: 1. sufficient information to identify the provision of the act, regulation, order or permit allegedly violated;2. the act or omission alleged to constitute a violation;3. the name, address and telephone numbers of the person or persons responsible for the alleged violation;4. the date, time and location of the alleged violation;5. the name, address and telephone number of the person giving notice; and6. the name, address and telephone number of legal counsel, if any, of the person giving notice.(f) A person giving notice of an alleged failure by the state, a state instrumentality, or a state agency to perform a mandatory act or duty under the act shall state, to the extent known:1. the provision of the act containing the mandatory act or duty allegedly not performed;2. sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the act;3. the name, address and telephone number of the person giving notice; and4. the name, address and telephone number of legal counsel, if any, of the person giving notice.11 Miss. Code. R. § 8-2.1-1-111