Statutes, codes, and regulations
Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental QualityPart 8 - Geology RegulationsChapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal MiningSubchapter 2.3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems
Rule 11-8-2.3-31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions
Section 11-8-2.3-31-3135 - How to Challenge an Ownership or Control Listing or Finding

11 Miss. Code R. § 8-2.3-31-3135

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Current through December 10, 2024
Section 11-8-2.3-31-3135 - How to Challenge an Ownership or Control Listing or Finding

This section applies to anyone who challenges an ownership or control listing or finding.

(a) To challenge an ownership or control listing or finding, the person making the challenge must submit a written explanation of the basis for the challenge, along with any evidence or explanatory materials that person wishes to provide under § 3136(b) of these regulations, to the Department, as identified in the following table.

If the challenge concerns: Then the challenger must submit a written explanation to:
(1) a pending State or Federal permit application the regulatory authority with jurisdiction over the application.
(2) your ownership or control of a surface coal mining operation, and you are not currently seeking a permit the regulatory authority with jurisdiction over the surface coal mining operation.

(b) The provisions of this section and of §§ 3136 and 3137 of these regulations apply only to challenges to ownership or control listings or findings. No one may use these provisions to challenge their liability or responsibility under any other provision of the Act or its implementing regulations.
(c) When the challenge concerns a violation under the jurisdiction of a different regulatory authority, the regulatory authority with jurisdiction over the permit application or permit must consult the regulatory authority with jurisdiction over the violation and the AVS Office to obtain additional information.
(d) A regulatory authority responsible for deciding a challenge under paragraph (a) of this section may request an investigation by the AVS Office.
(e) At any time, anyone listed in AVS as an owner or controller of a surface coal mining operation, may request an informal explanation from the AVS Office as to the reason that person is shown in AVS in an ownership or control capacity. Within 14 days of your request, the AVS Office will provide a response describing why you are listed in AVS.

11 Miss. Code. R. § 8-2.3-31-3135