11 Miss. Code. R. 8-1.1.2

Current through December 10, 2024

Rule 11-8-1.1.2 - Definitions

As used in these Regulations, the following terms have the specified meaning, except where otherwise indicated.

A. Act means the Mississippi Surface Mining and Reclamation Act and any amendments thereto as codified in Miss. Code Ann. §§ 53-7-1, et seq.

B. Administratively complete application means an application for a permit, permit renewal, or the transfer or sale of permit rights, which the Department determines to contain sufficient information addressing each application requirement of the Act and these Regulations and to contain all information necessary to initiate formal processing and public review.

C. Affected area means any area from which any materials are removed or are to be removed in a surface mining operation and upon which any materials are to be deposited, handled or processed. The affected area includes all areas affected by the construction of new roads, or the improvement or use of existing roads other than public roads to gain access and to haul materials.

D. Appeal means an appeal to an appropriate court of the state taken from a final decision of the Permit Board or Commission made after a formal hearing before that body.

E. Applicant means a person applying for a permit, coverage under a general permit, permit renewal, or the transfer or sale of permit rights from the Permit Board to conduct surface mining and reclamation operations.

F. Aquifer means a zone, stratum or group of strata that can store and transmit water in sufficient quantities for a specific use.

G. As recorded in the minutes of the Permit Board means the date of the Permit Board meeting at which the action concerned is taken by the Permit Board.

H. Cemetery means any area of land where human bodies are interred.

I. Commission means the Mississippi Commission on Environmental Quality.

J. Department means the Mississippi Department of Environmental Quality.

K. Director of the Office of Geology means the person charged with the direction and management of the activities and personnel of the Office of Geology.

L. Executive Director means the Executive Director of the Mississippi Department of Environmental Quality.

M. Exploration activity means the disturbance of the surface or subsurface for the purpose of determining the location, quantity, or quality of a deposit of any material, except the drilling of test holes or core holes of twelve (12) inches or less in diameter.

N. Formal hearing means a hearing on the record, as recorded and transcribed by a court reporter, before the Commission or Permit Board where all parties to the hearing are allowed to present witnesses, cross-examine witnesses and present evidence for inclusion into the record, as appropriate under rules promulgated by the Commission or Permit Board.

O. Fund means the Surface Mining and Reclamation Fund created by Miss. Code Ann. § 53-7-69.

P. General Permit means a general permit as defined in Miss. Code Ann. § 49-17-5.

Q. Highwall means a wall created by mining having a slope steeper than two (2) vertical units to one (1) horizontal unit.

R. Impoundment means a closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water or sediment.

S. Interested party means an interested party as provided under Miss. Code Ann. § 49-17-29.

T. Intermittent stream means a stream or reach of a stream that flows only at certain times of the year. A stream that does not flow continuously as when water losses from evaporation or seepage exceed the available streamflow.

U. Material means bentonite, metallic ore, mineral clay, dolomite, phosphate, sand, gravel, soil, clay, sand clay, clay gravel, stone, chalk, and any other materials designated by the Commission.

V. Nearest approximate original contour means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Permanent water impoundments may be permitted where the Permit Board determines the impoundments are in compliance with these Regulations.

W. Occupied dwelling means any building that is currently being used on a regular or temporary basis for human habitation.

X. Operator means the person that is to engage, or is engaged, or has been engaged in a surface mining operation, whether on a permanent, continuous basis, or for a limited period of time and for a specific or ancillary purpose, including any person whose permit or coverage under a general permit has expired or been suspended or revoked.

Y. Overburden means all materials which are removed to gain access to other materials in the process of surface mining, including the material before or after its removal by surface mining.

Z. Perennial stream means a stream or part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or runoff.

AA. Permit means a permit to conduct surface mining and reclamation operations pursuant to these Regulations and the Act.

BB. Permit area means all the area designated in the permit application or application for coverage under a general permit. It shall include all land to be affected by the surface mining operations during the term of the permit and may include any contiguous area which the operator proposes to surface mine thereafter.

CC. Permit Board means the Permit Board created by Miss. Code Ann. § 49-17-28.

DD. Person means any individual, trust, firm, joint-stock company, public or private corporation, joint venture, partnership, association, cooperative, state, or any agency or institution thereof, municipality, commission, political subdivision of a state or any interstate body, and includes any officer or governing or managing body of any municipality, political subdivision, or the United States or any officer or employee of the United States.

EE. Public hearing means a public forum organized by the Commission, Department or Permit Board for the purpose of providing information to the public regarding a surface mining and reclamation operation and at which members of the public are allowed to make comments or ask questions or both of the Commission, Department or the Permit Board regarding a proposed operation or permit.

FF. Public road means a road which:

(1) has been designated as a public road pursuant to the laws of the jurisdiction in which it is located;

(2) is maintained with public funds in a manner similar to other public roads of the same classification within the jurisdiction;

(3) there is substantial (more than incidental) public use; and

(4) meets road construction standards for other public roads of the same classification within the jurisdiction.

GG. Reclamation means work necessary to restore an area of land affected by surface mining to a useful, productive, and beneficial purpose, the entire process being designed to restore the land to a useful, productive, and beneficial purpose, suitable and amenable to surrounding land and consistent with local environmental conditions in accordance with the standards set forth in these Regulations and the Act.

HH. Regulations mean the regulations promulgated by the Commission pursuant to the Mississippi Surface Mining and Reclamation Act.

II. Sedimentation pond means an impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.

JJ. Siltation structure means a sedimentation pond, a series of sedimentation ponds, or other treatment facility.

KK. Slope means the average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (e.g., 1v:5h). It may also be expressed as a percent or in degrees.

LL. Spoil pile means the overburden and other mined waste material as it is piled or deposited in the process of surface mining.

MM. State means the State of Mississippi.

NN. Surface mining or mining means the extraction of materials from the ground or water or from waste or stock piles or from pits or banks or natural occurrences by methods including, but not limited to, strip, drift, open pit, contour or auger mining, dredging, placering, quarrying and leaching, and activities related thereto, which will alter the surface.

OO. Surface mining operation or operation means the activities conducted at a mining site, including extraction, storage, processing and shipping of materials and reclamation of the affected area. This term does not include the following: the dredging and removal of oyster shells from navigable bodies of water; the dredging and removal of any materials from the bed of navigable streams, when the activity is regulated and permitted under an individual permit by the United States Corps of Engineers; the extraction of hydrocarbons in a liquid or gaseous state by means of wells, pipe, or other on-site methods; the off-site transportation of materials; exploration activities; construction activities at a construction site; or any other exception set out in these Regulations.

PP. Topsoil means the organic or inorganic matter naturally present on the surface of the earth which has been subjected to and influenced by genetic and environmental factors of parent material, climate, macroorganisms and microorganisms, and topography, all acting over a period of time, and that is necessary for the growth and regeneration of vegetation on the surface of the earth.

QQ. Toxic material means any substance present in sufficient concentration or amount to cause significant injury or illness to plant, animal, aquatic, or human life.

RR. Transfer means a change in ownership or other effective control over the right to conduct surface mining operations under a permit issued by the Permit Board. The person to which the permit has been transferred shall have, at a minimum, as stated in these Regulations, the legal right to mine, a performance bond and liability insurance.

11 Miss. Code. R. 8-1.1.2

Miss. Code Ann. §§ 53-7-1, et seq., 49-2-1, et seq., and 49-17-1, et seq.