11 Miss. Code R. § 8-2.2-15-1501

Current through December 10, 2024
Section 11-8-2.2-15-1501 - Procedures: Petitions
(a) Right to Petition. Any interested party which is or may be adversely affected has the right to petition the Commission to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. For the purpose of this Rule, an interested party is a person having an interest which is or may be adversely affected by surface coal mining in the area at issue in his or her petition who is able to demonstrate to the Commission that he or she meets an "injury in fact" test by describing the actual or potential injury to his or her specific affected interests and demonstrating how he or she is or would be among the injured.
(b) Designation. The petitioner must provide: identification of the petitioned area, including its location and size, and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area; allegations of facts and supporting evidence which would tend to establish that the area is unsuitable for all or certain types of surface coal mining operations; a description of how mining of the area has affected or may adversely affect people, land, air, water or other resources; the petitioner's name, address, telephone number and notarized signature; and identification of the petitioner's interest which is or may be adversely affected, including a statement demonstrating how the petitioner satisfies the requirements of § 1505(a) and any additional information deemed necessary by the Commission.
(c) Termination. The petitioner must provide the following information in support of a petition to terminate a designation:
(1) identification of the petitioned area, including its location and size, and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area to which the termination petition applies.
(2) allegations of facts, with supporting evidence, not contained in the record of the proceeding in which the area was designated unsuitable, which would tend to establish the statements or allegations, and which statements or allegations indicate that the designation should be terminated based on:
(A) the nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in § 1303(b);
(B) reclamation now being technologically and economically feasible, if the designation was based on the criteria found in § 1303(a); or
(C) the resources or condition not being affected by surface coal mining operations, or in the case of land use plans, not being incompatible with surface coal mining operations during and after mining, if the designation was based on the criteria found in § 1303(b);
(3) the petitioner's name, address, telephone number and notarized signature;
(4) identification of the petitioner's interest which is or may be adversely affected by the continuation of the designation, including a statement demonstrating how the petitioner satisfies the requirements of § 1505(a), and
(5) any additional information deemed necessary by the Commission.

11 Miss. Code. R. § 8-2.2-15-1501