SEC. 53-9-41. Coal exploration permit; application; confidentiality of information; limitation on removal; penalty for disturbing land surface; application of Trade Secrets Act.
(1) Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with the regulations governing such operations which are promulgated by the commission. Such regulations shall require any person planning to conduct exploration operations to obtain an exploration permit from the administrator prior to conducting such operations. The application for such a permit shall require the applicant to give a description of the exploration area and the period of supposed exploration, provisions for reclamation in accordance with the performance standards in the regulations promulgated pursuant to Section 53-9-45 of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment, and such other information as the commission may prescribe.
(2) Information submitted to the administrator pursuant to this section as confidential concerning trade secrets, or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area, shall not be available for public examination. Misappropriation of a trade secret shall be governed by the provisions of Mississippi Uniform Trade Secrets Act, Sections 75-26-1 through 75-26-19.
(3) Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the provisions of Sections 53-9-55 through 53-9-59 and Section 53-9-63.
(4) No operator shall remove more than two hundred fifty (250) tons of coal pursuant to an exploration permit without the specific written approval of the administrator.
SOURCES: Laws, 1979, ch. 477, Sec. 17; 1990, ch. 442, Sec. 14, eff from and after July 1, 1990.
1997 Amendment
SECTION 20. Section 53-9-41, Mississippi Code of 1972, is amended as follows:
53-9-41. (1) Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with the regulations promulgated by the commission governing those operations * * *. The regulations shall require any person planning to conduct exploration operations to obtain an exploration permit from the permit board before conducting those operations. The permit application * * * shall require the applicant to give a description of the exploration area and the period of proposed exploration, provisions for reclamation in accordance with the performance standards in the regulations promulgated under Section 53-9-45 of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment, and any other information as the permit board or commission may require.
* * *
(2) Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations promulgated under this chapter shall be subject to * * * Sections 53-9-55 through 53-9-57 and Section 53-9-63.
(3) No operator shall remove more than two hundred fifty (250) tons of coal under an exploration permit without the specific written approval of the permit board.
SOURCE: 1997 Laws, Chapter 306, Sec. 20, Effective Ap-March 10, 1997.