Mississippi Code
Mississippi Surface Coal Mining and Reclamation Law
§ 53-9-3. Legislative findings and declarations

The Legislature finds and declares that:
The State of Mississippi, instead of the federal government, should regulate surface coal mining in this state because the terrain, climate, biologic, chemical and other physical conditions of the state differ from those of other states subject to regulation of mining operations;
Extraction of coal from the earth can be accomplished by various methods of mining, including surface mining;
Coal mining operations presently contribute significantly to the energy requirements of the state and nation, and surface coal mining constitutes one (1) method of extraction of the resource;
Many surface mining operations result in disturbances of surface areas that burden and adversely affect commerce and the public welfare by destroying or diminishing the utility of land for commercial, industrial, residential, recreational, agricultural and forestry purposes, by causing erosion and landslides, by contributing to floods, by polluting water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property, by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water and other natural resources;
The expansion of coal mining to meet the energy needs of the state and nation makes even more urgent the establishment of appropriate standards to minimize damage to the environment and to productivity of the soil and to protect the health and safety of the public;
Surface mining and reclamation technology are now developed so that effective and reasonable regulation of surface coal mining operations by the state in accordance with the requirements of this chapter is an appropriate and necessary means to minimize, so far as practicable, the adverse social, economic and environmental effects of those mining operations;
Surface mining and reclamation standards are essential to insure the ability of the state to improve and maintain adequate standards on coal mining operations within its borders;
The impacts from unreclaimed land disturbed by surface coal mining operations impose social and economic costs on residents in nearby and adjoining areas, as well as impair environmental quality;
Surface coal mining operations contribute to the economic well-being, security and general welfare of the state and nation and should be conducted in an environmentally sound manner;
This chapter is necessary to prevent or mitigate adverse environmental effects of surface coal mining operations; and
The provisions of the 2001 amendments to this chapter are to provide for and implement a state program for abandoned mine reclamation which complies with the provisions of Subchapter IV of the federal Surface Mining Control and Reclamation Act of 1977, 30 USCS 1231 through 1243.

Structure Mississippi Code

Mississippi Code

Title 53 - Oil, Gas, and Other Minerals

Chapter 9 - Surface Coal Mining and Reclamation of Land

Mississippi Surface Coal Mining and Reclamation Law

§ 53-9-1. Short title

§ 53-9-3. Legislative findings and declarations

§ 53-9-5. Purpose

§ 53-9-7. Definitions

§ 53-9-9. Administration and enforcement of chapter

§ 53-9-23. Surface coal mining and reclamation permit-reissuance

§ 53-9-26. Surface coal mining and reclamation permit; application cost assistance to small operators

§ 53-9-27. Filing of permit application with chancery court clerk; public inspection; exclusion of confidential information

§ 53-9-29. Reclamation plan included in application; contents

§ 53-9-32. Surface coal mining and reclamation permit; preparation of plain language summary of proposed operation and reclamation

§ 53-9-33. Surface coal mining and reclamation permit; requisites for approval of application for permit; schedule of notices of violation; permit to mine on prime farmland; restriction on transfer of rights; modification of permit provisions

§ 53-9-39. Disposition of application for permit; manner of notifying interested parties; hearing before review board and notification of decision; temporary relief; right to judicial appeal

§ 53-9-45. Promulgation of regulations and performance standards relating to surface mining; variances

§ 53-9-49. Authorized departures from performance standards; experimental practices

§ 53-9-51. Records, reports and equipment to be maintained by permittees; evaluation of results; specification of monitoring sites; entry and inspection by department; release of materials to public

§ 53-9-53. Sign at entrance of surface coal mining and reclamation operation

§ 53-9-57. Criminal penalties; violation of condition of permit or order

§ 53-9-61. Criminal penalties; resisting, preventing, impeding, or interfering with performance of duties

§ 53-9-63. Nonexclusivity of penalty provisions

§ 53-9-73. Cooperation with Secretary of Interior

§ 53-9-75. Application of chapter to public corporations

§ 53-9-81. Inapplicability of chapter

§ 53-9-83. Lease of state coal deposits

§ 53-9-87. Training, examination, and certification of persons responsible for blasting