11 Miss. Code R. § 8-2.3-31-3123

Current through December 10, 2024

Section 11-8-2.3-31-3123 - Conditions of Permits: General and Right of Entry

Each permit issued by the Permit Board shall ensure that:

(a) except to the extent that the Permit Board otherwise directs in the permit that specific actions be taken, the permittee shall conduct all surface coal mining and reclamation operations as described in the complete application;

(b) the permittee shall allow the authorized representatives of the Secretary of Interior, including, but not limited to, inspectors and fee compliance officers, and the Department, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have the rights of entry provided for in § 53-9-51 of the act, and § 6305, and be accompanied by private persons for the purpose of conducting an inspection in accordance with the act and Rule 63, when the inspection is in response to an alleged violation reported to the Department or OSM by the private person;

(c) the permittee shall conduct surface coal mining and reclamation operations only on those lands specifically designated on the maps submitted under the act and Rules 25-27 and approved for the term of the permit and which are subject to the performance bond or other collateral in effect pursuant to the act and Subchapter 2.4;

(d) the operator shall pay all reclamation fees required by the act and Subchapter R of 30 CFR Chapter VII for coal produced under the permit for sale, transfer or use, in the manner required by that Subchapter;

(e) the Permit Board shall require in the permit that adequate bond coverage be in effect at all times;

(f) within 30 days after a cessation order is issued under § 53-9-69, 30 CFR 843.11 or § 6501 for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect, the permittee shall either submit to the Department the following information, current to the date the cessation order was issued, or notify the Department in writing that there has been no change since the immediately preceding submittal of such information:

(1) any new information needed to correct or update the information previously submitted to the Department by the permittee under the act and § 2305(c); or

(2) if not previously submitted, the information required from a permit applicant by the act and § 2305(c).

(g) The permittee shall comply with the terms and conditions of the permit, all applicable performance standards of the Act, the Federal Act, and the requirements of these regulations.

(h) As applicable, the permittee shall comply with the act and § 303(B) and Subchapter 2.5 for compliance, modification, or abandonment of existing structures.

11 Miss. Code. R. § 8-2.3-31-3123