53-9-25. Surface coal mining and reclamation permit; application fee; contents of application; insurance coverage; blasting plan.

MISSISSIPPI CODE OF 1972 As Amended

SEC. 53-9-25. Surface coal mining and reclamation permit; application fee; contents of application; insurance coverage; blasting plan.

(1) Each application for a surface coal mining and reclamation permit shall be accompanied by a fee, the amount of which shall be determined by the commission. Such fee may be less than but shall not exceed the actual or anticipated cost of reviewing, administering and enforcing such permit. The commission may develop procedures so as to enable the cost of the fee to be paid over the term of the permit.

(2) The permit application shall be submitted in a manner satisfactory to the administrator and shall contain such information about the owners of all interests in the property to be mined, the owners of the surface and subsurface areas adjacent to the property to be mined, the applicant and the operator, the organization of and business of the applicant and its previous experience in surface coal mining, a description of the mining operation that is proposed, including maps or plans, the watershed into which surface and pit drainage will be discharged, significant climatological factors, soil surveys and such other information as the commission by regulation may require.

(3) In addition to the information required by the commission pursuant to subsection (2) of this section, the application shall contain:

(a) A determination of the probable hydrologic consequences, both on and off the mine site, of the mining and reclamation operations, with respect to the hydrologic regime, quantity and quality of water in surface and ground water systems. Such determination shall include but not be limited to an estimate of the dissolved and suspended solids under seasonal flow conditions, and the collection of sufficient data from the mine site and surrounding areas so that an assessment can be made by the administrator of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability. Provided, however, that this determination shall not be required until such time as hydrologic information on the general area prior to mining is made available from an appropriate federal or state agency. Provided, further, that the permit shall not be approved until such information is available and is incorporated into the application; and

(b) A statement of the result of test borings or core samplings from the permit area. Such statement shall include but not be limited to logs of the drill holes, the thickness of the coal seam found, an analysis of the chemical properties of such coal, the sulphur content of any coal seam, chemical analysis of potentially acid or toxic forming sections of the overburden, and a chemical analysis of the stratum lying immediately underneath the coal to be mined. The provisions of this paragraph may be waived by the administrator with respect to the specific application by a written determination that such requirements are unnecessary.

(4) If the administrator finds that the probable total annual production at all locations of any coal surface mining operator will not exceed one hundred thousand (100,000) tons, the determination of probable hydrologic consequences and the statement of the result of test borings or core samplings required by subsection (3) of this section shall, upon the written request of the operator, be performed by a qualified public or private laboratory designated by the administrator, and the cost of the preparation of such determination and statement shall be assumed by the department.

(5) Each applicant for a permit shall be required to submit to the administrator as part of the permit application a reclamation plan which shall meet the requirements of this chapter.

(6) Each applicant for a permit shall be required to submit to the administrator as part of the permit application, a certificate issued by an insurance company authorized to do business in the state certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operations for which such permit is sought or, in the alternative, the applicant shall be required to furnish evidence that such applicant has satisfied other state or federal self-insurance requirements. Such policy shall provide for personal injury and property damage protection in an amount determined by the administrator to be adequate to compensate any persons damaged as a result of surface coal mining and reclamation operations. Such policy shall be maintained in full force and effect during the terms of the permit or any renewal, including the length of all reclamation operations.

(7) Each applicant for a surface coal mining and reclamation permit shall submit to the administrator, as part of the permit application, a blasting plan which shall outline the procedures and standards by which the operator will meet the provisions of the regulations promulgated pursuant to section 53-9-45.

SOURCES: Laws, 1979, ch. 477, Sec. 12(1)-(5), (7), (8), eff from and after July 1, 1979.

1997 Amendment

SECTION 12. Section 53-9-25, Mississippi Code of 1972, is amended as follows:

53-9-25.

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(1) Each application for a permit shall be submitted in a manner satisfactory to the permit board and shall contain * * *: (a) Information about the owners of all interests in the property to be mined, the owners of * * * record of all surface and subsurface areas adjacent to any part of the permit area, the applicant and the operator, the organization of and business of the applicant, including, but not limited to, information regarding the ownership and names and addresses of directors, partners, officers and resident agents, * * * the previous experience and performance history of the applicant in surface coal mining; a statement of whether the applicant, subsidiary, affiliate or persons controlled by or under common control with the applicant has held a mining permit which in the five-year period before the initial filing of this application has been suspended or revoked or under which the performance bond or deposit has been forfeited; a description of the proposed mining operation * * *, including maps or plans, the watershed into which surface and pit drainage will be discharged, significant climatological factors and soil surveys; and any other information as the permit board or commission by regulation may require consistent with the federal act.

* * *

(b) A determination of the probable hydrologic consequences of the surface coal mining and reclamation operations, both on and off the mine site, * * * with respect to the hydrologic regime, quantity and quality of water in surface and ground water systems. The determination shall include, but not be limited to, an estimate of the dissolved and suspended solids under seasonal flow conditions, and the collection of sufficient data from the mine site and surrounding areas so that an assessment can be made by the permit board of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability. * * * This determination shall not be required until * * * hydrologic information on the general area before mining is made available from an appropriate federal or state agency, but the permit shall not be issued until that information is available and is incorporated into the application; and

(c) A statement of the result of test borings or core samplings from the permit area. The statement shall include, but not be limited to, logs of the drill holes, the thickness of the coal seam found, an analysis of the chemical properties of the coal, the sulphur content of any coal seam, chemical analysis of potentially acid or toxic forming sections of the overburden, and a chemical analysis of the stratum lying immediately underneath the coal to be mined. * * * This paragraph may be waived by the permit board with respect to the specific application by a written determination that the requirements are unnecessary.

* * *

(2) In addition to the information required by the permit board under subsection (1) of this section, each applicant for a permit shall * * * submit to the permit board as part of the permit application the following:

(a) A reclamation plan which meets the requirements of this chapter and regulations promulgated under this chapter;

(b) * * * A certificate issued by an insurance company authorized to do business in the United States certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operations for which the permit is sought, or * * * in the alternative, * * * evidence that the applicant has satisfied other state or federal self-insurance requirements. Any policy shall provide for personal injury and property damage protection in an amount determined by the permit board to be adequate to compensate any persons damaged as a result of surface coal mining and reclamation operations, including use of explosives, and entitled to compensation under applicable state law. The policy shall be maintained in full force and effect during the term of the permit and any reissuance, including the length of all reclamation operations.

(c) * * * A blasting plan which outlines the procedures and standards by which the operator will meet * * * the regulations promulgated under this chapter.

(3) The applicant shall file with the permit application a list showing any administrative order or notice of violation issued under this chapter, or any law of any state or the United States, or any rule or regulation of any department or agency of any state or the United States, related to air or water environmental protection incurred by the applicant in connection with any surface coal mining operation during the three-year period immediately preceding the filing date of the initial application. The list shall also indicate the final resolution of any notice of violation or administrative order. If the list or other information available to the permit board indicates that any surface coal mining operation owned or controlled by the applicant is currently in violation of this chapter or any other laws referred to in this subsection, the permit shall not be issued until the applicant submits proof that the violation has been corrected or is in the process of being corrected to the satisfaction of the department or agency of any state or the United States which has jurisdiction over the violation. No permit shall be issued to an applicant following a finding by the permit board, after opportunity for a formal hearing, that the applicant, or the operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violations of any law, rule or regulation of any state or the United States, or any department or agency of any state or the United States, related to air or water environmental protection in connection with any surface coal mining operation and which is of a nature and duration with resulting irreparable damage to the environment to indicate an intent not to comply with this chapter.

SOURCE: 1997 Laws, Chapter 306, Sec. 12, SB2725, Effective Ap-March 10, 1997.

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