11 Miss. Code R. § 8-2.1-1-105
As used in these regulations, the following terms have the specified meaning, except where otherwise indicated.
Abandoned Site - a surface coal mining and reclamation operation for which the Department has found in writing that:
(a) all surface coal mining and reclamation activities at the site have ceased;
(b) the Department has issued at least one notice of violation, and either:
(1) is unable to serve the notice despite diligent efforts to do so; or
(2) the notice was served and has progressed to a failure-to-abate cessation order;
(c) the Department:
(1) is taking action to ensure that the permittee and operator, and owners and controllers of the permittee and operator, will be precluded from receiving future permits while violations continue at the site; and
(2) is taking action pursuant to these regulations and the act to ensure that abatement occurs or that there will not be a recurrence of the failure-to-abate, except where after evaluating the circumstances it concludes that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs; and
(d) where the site is, or was, permitted or bonded:
(1) the permit has expired or been revoked, or permit revocation proceedings have been initiated and are being pursued diligently; and
(2) the Department has initiated and is diligently pursuing forfeiture of, or the Commission has forfeited, the performance bond.
Acid Drainage - water with a pH value of less than 6.0, and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation, or from an area affected by surface coal mining and reclamation operations.
Acid-Forming Materials - earth materials that contain sulfide minerals or other materials which, if exposed to air, water or weathering processes, form acids that may create acid drainage.
Acid Test Ratio - the relation of quick assets to current liabilities.
Act - the Mississippi Surface Coal Mining and Reclamation Law codified at Sections 53-9-1 et seq. of the Mississippi Code Annotated.
Adjacent Area - the area outside the permit area where a resource or resources, determined according to the context in which adjacent area is used, are or reasonably could be expected to be adversely impacted by proposed mining operations, including probable impacts from underground workings.
Affected Area - any land or water surface which is used to facilitate, or is physically altered by, surface coal mining and reclamation operations. The affected area includes: the disturbed area; any area upon which surface coal mining and reclamation operations are conducted; any adjacent lands the use of which is incidental to surface coal mining and reclamation operations; all areas covered by new or existing roads used to gain access to, or for hauling coal to or from, surface coal mining and reclamation operations; any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas or shipping areas; any areas upon which are sited structures, facilities or other property material on the surface resulting from, or incident to, surface coal mining and reclamation operations; and the area located above underground workings.
Agricultural Use - the use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting of plants.
Appeal - 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.
Applicant - a person applying for a permit, permit modification, permit renewal, or the transfer, assignment, or sale of permit rights from the Permit Board to conduct surface coal mining and reclamation operations or, where required, seeking approval for coal exploration or development operations.
Applicant Violator System or AVS - means an automated information system of applicant, permittee, operator, violation and related data OSM maintains to assist in implementing the Act.
Application - the documents and other information filed with the Permit Board for the issuance of an exploration or surface mining and reclamation operations permit, permit modification, permit renewal, or the transfer, assignment, or sale of permit rights for surface coal mining and reclamation operations or where required, for coal exploration.
Approximate Original Contour - 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, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted where the Permit Board determines that they are in compliance with §§5327, 5341 and 53109.
Aquifer - a zone, stratum or group of strata that can store and transmit water in sufficient quantities for a specific use.
As recorded in the minutes of the Permit Board - the date of the Permit Board meeting at which the action concerned is taken by the Permit Board.
Asset Ratio - the relation of total assets to total liabilities.
Assets - cash and current assets that are reasonably expected to be realized in cash or sold or consumed within one year.
Auger Mining - a method of mining coal at a cliff or highwall by drilling holes into an exposed seam from the highwall and transporting the coal along an auger bit to the surface.
Best Technology Currently Available - equipment, devices, systems, methods or techniques which will:
(a) prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable state or federal laws; and
(b) minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods or techniques which are currently available anywhere as determined by the Department, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities, and design of sedimentation ponds in accordance with § 5313-5327. Within the constraints of the permanent program, the Department shall have the discretion to determine the best technology currently available on a case-by-case basis.
Capital Assets - those assets such as lands, buildings and equipment held for use in the production and sale of other assets and services.
Cash - all cash items except cash restricted by an agreement, or described as earmarked for a particular purpose; and short term investments such as stocks, bonds, notes and certificates of deposit where the intent and ability to sell them in the near future is established by the operator.
Cemetery - any area of land where human bodies are interred.
Coal - combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by the American Society of Testing and Materials under the title, Standard Specification for Classification of Coals by Rank, ASTM D 388-77.
Coal Exploration, or Exploration Operations - the drilling of test holes or core holes for the purpose of, or related to, the determining of the location, quantity or quality of a coal deposit under a permit to be issued by the Permit Board, and any other coal exploration operations that will substantially disturb the surface and are not otherwise covered by these regulations.
Coal Mine Waste - coal processing waste and underground development waste.
Coal Mining Operation - the business of developing, producing, preparing and loading bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities occur. This term applies solely to Rule 5 of these regulations.
Coal Preparation - chemical or physical processing and the cleaning, concentrating or other processing or preparation of coal.
Coal Preparation Plant - a facility where coal is subjected to chemical or physical processing or cleaning, concentrating or other processing or preparation. It includes facilities associated with coal preparation activities including, but not limited to, the following: loading facilities; storage and stockpile facilities; sheds, shops and other buildings; water-treatment and water-storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas.
Coal Processing Waste - earth materials which are separated and wasted from the product coal during cleaning, concentrating or other processing or preparation of coal.
Collateral Bond - an indemnity agreement in a sum certain executed by the permittee as principal which is supported by the deposit with the Commission of one or more of the following:
(a) a cash account, which shall be the deposit of cash in one or more federally-insured or equivalently protected accounts, payable only to the Commission upon demand;
(b) negotiable bonds of the United States, a state or a municipality, endorsed to the order of, and placed in the possession of, the Commission;
(c) negotiable certificates of deposit, made payable or assigned to the Commission and placed in its possession or held by a federally-insured bank;
(d) an irrevocable letter of credit of any bank organized or authorized to transact business in the United States, payable only to the Commission upon presentation;
(e) other investment-grade rated securities having a rating of AAA, AA or A or an equivalent rating issued by a nationally recognized securities rating service, endorsed to the order of, and placed in the possession of, the Commission.
Combustible Material - organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.
Commission - the Mississippi Commission on Environmental Quality.
Community or Institutional Building - any structure, other than a public building or an occupied dwelling, which is used primarily for meetings, gatherings or functions of local civic organizations or other community groups; functions as an educational, cultural, historic, religious, scientific, correctional, mental health or physical health care facility; or is used for public services, including, but not limited to, water supply, power generation or sewage treatment.
Compaction - increasing the density of a material by reducing the voids between the particles, and generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track or roller loads from heavy equipment.
Complete Application - an application for a permit, permit modification, permit renewal, or the transfer, assignment, or sale of permit rights or, where necessary, for the approval of coal exploration operations, which the Department determines to contain information addressing each application requirement of the act and these regulations and to contain all information necessary to initiate formal processing and public review.
Complete and Accurate Application - an application for a permit, permit modification, permit renewal, or the transfer, assignment, or sale of permit rights or, where necessary, for the approval of coal exploration operations, which the Department determines to contain all information required under the act or these regulations that is necessary for the Permit Board to make its decision on permit issuance and for which all opportunity for public notice, comment and hearings required by the act or these regulations has been completed.
Cropland - land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar specialty crops.
Cumulative Impact Area - the area, including the permit area, within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on surface- and ground-water systems. Anticipated mining shall include, at a minimum, the entire projected lives through bond release of: the proposed operation; all existing operations; any operation for which a permit application has been submitted to the Permit Board; and all operations required to meet diligent development requirements for leased federal coal for which there is actual mine development information available.
Current Liabilities - debts or other obligations that must be paid or liquidated within a short period of time, usually a year. This shall also include dividends payable on preferred stock within one year.
Department - the Office of Geology of the Department of Environmental Quality.
Direct Financial Interest - ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares or other holdings and any other arrangement where the employee may benefit from his or her holdings in, or salary from, coal mining operations. Direct financial interests include employment, pensions, creditor, immovable property and other financial relationships.
Director - the director of the federal Office of Surface Mining Reclamation and Enforcement.
Disturbed Area - an area where vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal processing waste or noncoal waste is placed by surface coal mining operations. Those areas are classified as disturbed until reclamation is completed and the performance bond or other assurance of performance required by Subchapter 2.4 is released.
Diversion - a channel, embankment or other man-made structure constructed to divert water from one area to another.
Drinking, domestic or Residential Water Supply - Water received from well or spring and any appurtenant delivery system that provides water for direct human consumption or household use. Wells and springs that serve only agricultural, commercial or industrial enterprises are not included except to the extent the water supply is for direct human consumption or human sanitation or domestic use.
Downslope - the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.
Embankment - an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert or store water, support roads or railways, or for other similar purposes.
Employee - any person employed by any Office of the Mississippi Department of Environmental Quality who performs any function or duty under the act, the Executive Director, and any member of the Commission or Permit Board.
Ephemeral Stream - a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice and which has a channel bottom that is always above the local water table.
Excess Spoil - spoil material disposed of in a location other than the mined-out area; provided, that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in accordance with §§ 5359-5365 and 5319(d) in non-steep slope areas shall not be considered excess spoil.
Executive Director - the Executive Director of the Mississippi Department of Environmental Quality, the Mississippi Commission on Environmental Quality, and the Mississippi Environmental Quality Permit Board.
Existing Structure - a structure or a facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction begins prior to the approval of a state program or implementation of a federal program or federal lands program, whichever occurs first.
Exploration Operations Permit - a permit issued by the Permit Board to an applicant to conduct coal exploration as that term is defined in these regulations.
Extraction of Coal as an Incidental Part - the extraction of coal which is necessary to enable the accomplishment of the government-funded highway project construction that is necessitating the extraction. For the purposes of Rule 7, only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other such construction or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by construction shall be subject to the requirements of the act and these regulations.
Federal Land Program - a program established by the secretary of interior pursuant to § 523 of SMCRA to regulate surface coal mining and reclamation operations on federal lands.
Federal Lands - any lands, including mineral interests, owned by the United States, without regard to how the United States acquired ownership of the lands or which agency manages the lands, but does not include Indian lands.
Federal Violation Notice - a violation notice issued by OSM or by another agency or instrumentality of the United States.
Federal Office - the Office of Surface Mining Reclamation and Enforcement established under Title II of the federal act.
Fixed Assets - plants and equipment, but does not include land or coal in place.
Formal hearing - 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.
Fragile Lands - geographic areas containing natural, ecologic, scientific or aesthetic resources that could be damaged or destroyed by surface coal mining operations. Examples of fragile lands include: valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, paleontological sites, national natural landmark sites, areas where mining may cause flooding, environmental corridors containing a concentration of ecologic and aesthetic features, areas of recreational value due to high environmental quality and buffer zones adjacent to the boundaries of areas where surface coal mining operations are prohibited under the Act and these regulations.
Fugitive Dust - that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation operations it may include emissions from haulroads, wind erosion of exposed surfaces, storage piles, spoil piles, reclamation operations and other activities in which material is either removed, stored, transported or redistributed.
Fund - the Abandoned Mine Reclamation Fund established pursuant to § 401 of SMCRA.
Government-Financed Construction - construction funded 50 percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds, but shall not mean government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent or in kind payments.
Government Financing Agency - a federal, state, county municipal or local unit of government, or a Department, bureau, agency or office of the unit which directly, or through another unit of government, finances construction.
Ground Cover - the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally on site, expressed as a percentage of the total area of measurement.
Groundwater - subsurface water that fills available openings in rock or soil materials to the extent that they are considered water-saturated.
Half-Shrub - a perennial plant with a woody base whose annually produced stems die back each year.
Head-of-Hollow Fill - a fill structure consisting of any material, other than coal-processing waste and organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow measured at the steepest point are greater than 20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10 degrees. In fills with less than 250,000 cubic yards of material, associated with contour mining, the top surface of the fill will be at the elevation of the coal seam. In all other head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.
Higher or Better Uses - postmining land uses that have a higher economic value or nonmonetary benefit to the landowner or the community than the premining land uses.
Highwall - the face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities.
Historically Used for Cropland -
(a) lands that have been used for cropland for any five or more years out of the 10 years immediately preceding the acquisition, including purchase, lease or option of the land for the purpose of conducting or allowing through resale, lease or option the conduct of surface coal mining and reclamation operations;
(b) lands that the Department determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific five-year-in-10 criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or
(c) lands that would likely have been used as cropland for any five out of the last 10 years immediately preceding such acquisition, but for the same fact of ownership or control of the land unrelated to the productivity of the land.
Historic Lands - historic or cultural districts, places, structures or objects, including archaeological sites, National Historic Landmark sites, sites listed on or eligible for listing on a State or National Register of Historic Places, sites having religious or cultural significance to Native Americans or religious groups or sites for which historic designation is pending.
Hydrologic Balance - the relationship between the quality and quantity of water inflow to, water outflow from and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake or reservoir. It encompasses the dynamic relationships between precipitation, runoff, evaporation and changes in surface- and ground-water storage.
Hydrologic Regime - the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface and returns to the atmosphere as vapor by means of evaporation and transpiration.
Immediate Mining Area - as used in the definition of Road in this section, means an area of mining activity or pre-mining construction activity covered by a construction stormwater pollution prevention plan or, after construction is completed, situated so that surface water run-off will be routed to an approved water control structure such as a sedimentation pond. Routes of travel within the immediate mining area will be either: consumed by mining; reclaimed; or have design plans submitted for approval as permanent postmine features prior to Phase II bond release.
Imminent Danger to the Health and Safety of the Public - the existence of any condition or practice, or any violation of a permit or other requirement of these regulations in a surface coal mining and reclamation operation, which condition, practice or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement.
Impounding Structure - a dam, embankment or other structure used to impound water, slurry or other liquid or semi-liquid material.
Impoundment - a closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment or waste.
Indian Lands - all lands, including mineral interests, within the exterior boundaries of any federal Indian reservation, notwithstanding the issuance of any patent, and including rights-of-way, and all lands including mineral interests held in trust for or supervised by an Indian tribe.
Indian Tribe - any Indian tribe, band, group or community located within the state of Mississippi having a governing body recognized by the secretary of interior.
Indirect Financial Interest - the same financial relationship as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest.
In Situ Processes - activities conducted on the surface or underground in connection with in-place processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining and fluid recovery mining.
Interested Party - any person claiming an interest relating to the surface coal mining operation and who is so situated that the person may be affected by that operation, or in the matter of regulations promulgated by the Commission, any person who is so situated that the person may be affected by the action.
Intermittent Stream - a stream or reach of a stream that drains a watershed of at least one square mile or a stream or reach of a stream that is below the local water table for at least some part of the year and obtains its flow from surface runoff and groundwater discharge.
Irreparable Damage to the Environment - any damage to the environment that cannot be corrected by actions of the applicant.
Knowing or Knowingly - means that a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.
Land Use - specific use or management-related activity, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Permit Board:
(a) Cropland - land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.
(b) Pastureland - or Land Occasionally Cut for Hay - land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.
(c) Grazing land - includes both grasslands and forest lands where the indigenous vegetation is actively managed for grazing, browsing or occasional hay production. Land used for facilities in support of ranching operations which is adjacent to or an integral part of these operations is also included.
(d) Forestry - land used or managed for the long-term production of wood, wood fiber or wood derived products. Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included.
(e) Residential - includes single- and multiple-family housing, mobile home parks and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.
(f) Industrial/Commercial - land used for:
(1) extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road and other transportation facilities.
(2) retail or trade of goods or services, including hotels, motels, stores, restaurants and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage or shipping facilities.
(g) Recreation - land used for public or private leisure-time use, including developed recreation facilities such as parks, camps and amusement areas, as well as areas for less intensive uses such as hiking, canoeing and other undeveloped recreational uses.
(h) Fish and Wildlife Habitat - land dedicated wholly or partially to the production, protection or management of species of fish or wildlife.
(i) Developed Water Resources - land used for storing water for beneficial uses such as stock ponds, irrigation, fire protection, flood control and water supply.
(j) Undeveloped Land or No Current Use or Land Management - land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.
Liabilities - obligations to transfer assets or provide services to other entities in the future as a result of past transactions.
MSHA - the federal Mine Safety and Health Administration.
Modification - any change to a permit or reclamation plan that significantly changes, or has the reasonable potential significantly to change, the effect of the mining operation on either those persons impacted by the permitted operations or on the environment.
Moist Bulk Density - the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity (one third bar moisture tension). Weight is determined after drying the soil at 105° C.
Monitoring - as used in Rule 27, the collection of environmental data by either continuous or periodic sampling methods.
Mulch - vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth.
Natural Hazard Lands - geographic areas in which natural conditions exist which pose or, as a result of surface coal mining operations, may pose a threat to the health, safety or welfare of people, property or the environment, including areas subject to landslides, cave-ins, large or encroaching sand dunes, severe wind or soil erosion, frequent flooding, avalanches and areas of unstable geology.
Net Worth - total assets minus total liabilities; equivalent to owner's equity.
Net Profit - the bottom line of the income statement after taxes, including taxes based on income, adjustments, all extraordinary income and expense, but before preferred and common stock dividends.
Noxious Plants - species that have been included on official Mississippi state lists of noxious plants.
Occupied Dwelling - any building that is currently being used on a regular or temporary basis for human habitation.
Office of Geology - the Office of Geology and Energy Resources of the Department, as created by Miss. Code Ann. § 49-2-7(a).
Operator - any person, partnership or corporation engaged in coal mining who removes or intends to remove more than 250 tons of coal from the earth by surface coal mining methods within 12 consecutive calendar months in any one location.
OSM or OSMRE - the federal Office of Surface Mining Reclamation and Enforcement, which was established to administer the Surface Mining Control and Reclamation Act of 1977 ( Pub. L. 95-87).
Other Treatment Facilities - any chemical treatments, such as flocculation or neutralization, or mechanical structures, such as clarifiers or precipitators, that have a point-source discharge and that are utilized to prevent additional contributions of dissolved or suspended solids to streamflow or runoff outside the permit area, or to comply with all applicable state and federal water-quality laws and regulations.
Outslope - the face of the spoil or embankment sloping downward from the highest elevation to the toe.
Overburden - material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.
Owned or Controlled - and Owns or Controls - any one or a combination of the relationships specified in a and b below.
(a)
(1) being a permittee of a surface coal mining operation;
(2) based on instrument of ownership or voting securities, owning of record in excess of 50 percent of an entity; or
(3) having any other relationship which gives one person authority directly or indirectly to determine the manner in which an applicant, an operator or other entity conducts surface coal mining operations.
(b) The following relationships are presumed to constitute ownership or control unless a person can demonstrate that the person subject to the presumption does not in fact have the authority directly or indirectly to determine the manner in which the relevant surface coal mining operation is conducted:
(1) being an officer or director of an entity;
(2) being the operator of a surface coal mining operation;
(3) having the ability to commit the financial or real property assets or working resources of an entity;
(4) being a general partner in a partnership;
(5) based on the instruments of ownership or the voting securities of a corporate entity, owning of record 10 through 50 percent of the entity; or
(6) owning or controlling coal to be mined by another person under a lease, sublease or other contract and having the right to receive such coal after mining or having authority to determine the manner in which that person or another person conducts a surface coal mining operation.
Ownership or Control Link - any relationship included in the definition of "owned or controlled" or "owns or controls" or in the violations review provisions of § 3112(b). It includes any relationship presumed to constitute ownership or control under the definition of "owned or controlled" or "owns or controls," unless such presumption has been successfully rebutted under the provisions of §§ 3135 and 3137 or under the provisions of rule 33.
Parent Corporation - a corporation which owns or controls the applicant.
Perennial Stream - a stream or part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.
Performance Bond - a surety bond, collateral bond, letter or letters of credit, or self-bond, or a combination thereof, by which a permittee assures faithful performance of all the requirements of the act, these regulations, this program and the requirements of the permit and reclamation plan.
Permanent Diversion - a diversion remaining after surface coal mining and reclamation operations are completed which has been approved for retention by the Permit Board.
Permanent Impoundment - an impoundment which is approved by the Permit Board and, if required, by other state and federal agencies, for retention as part of the postmining land use.
Permit - a permit to conduct surface coal mining and reclamation operations issued by the Permit Board. The term does not include exploration permits.
Permit Area - the area of land, indicated on the approved map submitted by the operator with his or her application, required to be covered by the operator's performance bond under these regulations and which shall include the area of land upon which the operator proposes to conduct surface coal mining and reclamation operations under the permit, including all disturbed areas; provided, that areas adequately bonded under another valid permit may be excluded from the permit area.
Permit Board - the Mississippi Environmental Quality Permit Board created by Miss. Code Ann. § 49-17-28.
Permittee - a person holding a permit or persons required to have a permit to conduct surface coal mining and reclamation operations.
Person - an individual, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative or other business organization and any agency, unit, or instrumentality of federal, state or local government including any publicly owned utility or publicly owned corporation of federal state or local government.
Precipitation Event - a quantity of water resulting from drizzle, rain, snow, sleet or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in these regulations, precipitation event also includes that quantity of water emanating from snow cover as snow-melt in a limited period of time.
Previously mined area - land affected by surface coal mining operations prior to August 3, 1977, that has not been reclaimed to the standards of these regulations.
Prime Farmland - farmland as defined by the United States Secretary of Agriculture on the basis of factors such as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding and erosion characteristics, and which historically have been used for intensive agricultural purposes, and as published in the federal register.
Principal Shareholder - any person who is the record or beneficial owner of 10 percent or more of any class of voting stock.
Probable Cumulative Impacts - as used in Rule 25, the expected total qualitative and quantitative, direct and indirect effects of mining and reclamation activities on the hydrologic regime.
Probable Hydrologic Consequence - as used in Rule 25, the projected result of proposed surface coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface water and ground water, the surface- or ground-water flow, timing and pattern, the stream channel conditions, and the aquatic habitat on the permit area and other affected areas.
Prohibited Financial Interest - any direct or indirect financial interest in any coal mining operation.
Property to be Mined - both the surface and subsurface areas underneath lands which are within the permit area.
Public Building - any structure that is owned by a public agency or used principally for public business, meetings or other group gatherings.
Public Hearing, informal hearing, or public meeting - a public forum organized by the Commission, Department or Permit Board for the purpose of providing information to the public regarding a surface coal mining and reclamation operation or regulations proposed by the Commission and at which members of the public are allowed to make comments or ask questions or both of the Commission, Department or Permit Board.
Public Office - a facility under the direction and control of a governmental entity which is open to public access on a regular basis during reasonable business hours.
Public Park - an area dedicated or designated by a federal, state or local agency for primarily public recreational use, whether or not such use is limited to certain times or days, including any land leased, reserved or held open to the public because of that use. The term also includes any publicly-owned park as defined in 30 CFR § 761.5.
Public Road - a road:
(a) which has been designated as a public road pursuant to the laws of the jurisdiction in which it is located;
(b) which is maintained with public funds in a manner similar to other public roads of the same classification within the jurisdiction;
(c) for which there is substantial (more than incidental) public use; and
(d) which meets road construction standards for other public roads of the same classification in the local jurisdiction.
Quick Assets - cash and current assets that can be quickly turned into cash.
Rangeland - land on which the natural potential (climax) plant cover is principally native grasses, forbs and shrubs valuable for forage. This land includes natural grasslands and savannahs, such as prairies, and juniper savannahs, such as brushlands. Except for brush control, management is primarily achieved by regulating the intensity of grazing and season of use.
Recharge Capacity - the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.
Reclamation - those actions taken to restore mined land as required by these regulations to a post-mining land use approved by the Permit Board.
Recurrence Interval - the interval of time in which a precipitation event is expected to occur once, on the average. For example, a 10-year, 24-hour precipitation event would be that 24-hour precipitation event expected to occur on the average once in 10 years.
Reference Area - a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally by approved crop production methods. Reference areas must be representative of geology, soil, slope and vegetation in the permit area.
Refuse Pile - a surface deposit of coal mine waste that does not impound water, slurry or other liquid or semiliquid material.
Regional Director - a regional director of the federal office or a regional director's representative.
Registered Professional Engineer - shall mean a person who has met the qualifications as required under § 73-13-23(1) and who has been issued a certificate of registration by the Mississippi State Board of Registration for Professional Engineers and Land Surveyors.
Registered Professional Geologist - means a geologist who has met the academic and experience qualifications established by the Mississippi Board of Professional Geologists and has been issued a certificate of registration as a registered professional geologist by the Mississippi Board of Professional Geologists pursuant to § 73-63 et sec.
Regulatory Authority - the Department or agency in each State which has primary responsibility at the State level for administering the initial regulatory program under Section 502 of SMCRA, or the State agency responsible for administering the State regulatory program, or the Secretary when the Secretary is directly administering the requirements of SMCRA, or the Secretary when administering a Federal program or Federal lands program or when enforcing a State program pursuant to section 521(b) of SMCRA.
Regulatory Program - any State or Federal program or, in a State with no approved State or Federal program and coal exploration and surface coal mining and reclamation operations are on Federal lands, the requirements of Subchapters A, F, G, J, K, L, M, and P of 30 CFR Chapter VII.
Renewable Resource Lands - aquifers and areas for the recharge of aquifers and other underground waters; areas for agricultural or silvicultural production of food and fiber; and grazing lands.
Replacement of Water Supply - with respect to protected water supplies contaminated, diminished, or interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to premining quantity and quality. Replacement includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies.
(a) upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one-time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.
(b) if the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.
Retained Earnings - stockholder's equity that has arisen from retained assets from earnings in the business. This shall include only earnings from normal operations and not gains from such transactions as the sale of plant assets or investments.
Return on Investment - the relation of net profit for the last yearly period to ending net worth.
Revision - any change to the permit or reclamation plan that does not significantly change the effect of the mining operation on either those persons impacted by the permitted operations or on the environment, including, but not limited to, incidental boundary changes to the permit area or a departure from or change within the permit area, incidental changes in the mining method or incidental changes in the reclamation plan.
Road - a surface right-of-way for purposes of travel by land vehicles used in surface coal mining and reclamation operations, coal exploration, or development operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches and surface. The term includes access and haulroads constructed, used, reconstructed, improved or maintained for use in surface coal mining and reclamation operations, coal exploration, or development operations, including use by coal hauling vehicles to and from transfer, processing or storage areas. The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine waste disposal areas.
Safety Factor - the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.
Secretary of Interior - the secretary of the United States Department of the Interior.
Sedimentation Pond - 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.
Self-Bond - an indemnity agreement in a sum certain payable to the Commission, with or without separate surety, and executed by the applicant or by the applicant and any corporate guarantor.
Significant Forest Cover - an existing plant community consisting predominantly of trees and other woody vegetation.
Significant, Imminent Environmental Harm to Land, Air or Water Resources -
(a) an environmental harm is an adverse impact on land, air or water resources which include plant and animal life;
(b) an environment harm is imminent, if a condition, practice or violation exists which is causing harm or may reasonably be expected to cause harm before the end of the reasonable abatement time that would be set under Miss. Code Ann. § 53-9-69(1)(c)(i); or
(c) an environmental harm is significant if it is a harm which is appreciable and not immediately repairable.
Significant Recreational, Timber, Economic or Other Values Incompatible with Surface Coal Mining Operations - those values to be evaluated for their significance which could be damaged and are not capable of existing together with surface coal mining operations because of the undesirable effects mining would have on those values, either on the area included in the permit application or on other affected areas. Those values to be evaluated for their importance include:
(a) recreation, including hiking, boating, camping, skiing or other related outdoor activities;
(b) timber management and silviculture;
(c) agriculture, aquaculture or production of other natural, processed or manufactured products which enter commerce; and
(d) scenic, historic, archaeologic, esthetic, fish, wildlife, plants or cultural interests.
Siltation Structure - a sedimentation pond, a series of sedimentation ponds or other treatment facility.
Slope - 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.
SMCRA - the federal Surface Mining Control and Reclamation Act of 1977 ( Pub. L. 95-87), as amended.
Soil Horizons - contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four major soil horizons are:
(a) A Horizon - the uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant and leaching of soluble or suspended particles is typically the greatest.
(b) E Horizon - the layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by a lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chrome, by coarser texture, or by a combination of these properties.
(c) B Horizon - the layer that typically is immediately beneath the E horizon and often called the subsoil. This middle layer commonly contains more clay, iron or aluminum than the A or C horizon.
(d) C Horizon - the deepest layer of the soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.
Soil Survey - a field and other investigation, resulting in a map showing the different kinds of soils and an accompanying report that describes, classifies and interprets such soils for use. Soil surveys must meet the standards of the National Cooperative Soil Survey as incorporated by reference in § 2907 (a) (1).
Spoil - overburden that has been removed during surface coal mining operations.
Stabilize - to control movement of soil, spoil piles or areas of disturbed earth by modifying the geometry of the mass or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.
State Geologist - the head of the Office of Geology and Energy Resources of the Department.
State Regulatory Authority - the Mississippi Department of Environmental Quality.
State Violation Notice - a violation notice issued by the Department, the Commission, the state regulatory authority of another state, or by another agency or instrumentality of State government.
Steep Slope - any slope of more than 20 degrees or such lesser slope as may be designated by the Department after consideration of soil, climate and other characteristics of a region.
Substantial Legal and Financial Commitments - significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities and other capital intensive activities. Costs of acquiring the coal in place or the right to mine it alone without other significant investments, as described above, are not sufficient to constitute substantial legal and financial commitments.
Substantially Disturb - for purposes of coal exploration, to significantly impact land or water resources by blasting; by removal of vegetation, topsoil or overburden; by construction of roads or other access routes; by placement of excavated earth or waste material on the natural land surface or by other such activities; or to remove more than 250 tons of coal.
Successor in Interest - any person who succeeds to rights granted under a permit by transfer, assignment or sale of those rights.
Surety Bond - an indemnity agreement in a sum certain payable to the Commission executed by the permittee which is supported by the performance guarantee of a corporation licensed to do business as a surety in this state.
Surface Coal Mining Operations - shall have the same definition provided in Miss. Code Ann. § 53-9-7(z).
Surface Coal Mining and Reclamation Operations - surface coal mining operations and all activities necessary or incidental to the reclamation of such operations. This term includes the term surface coal mining operations.
Surface Mining Activities - those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam before recovering the coal, by auger coal mining or by recovery of coal from a deposit that is not in its original geologic location.
Suspended Solids or Nonfilterable Residue, Expressed as Milligrams per Liter - organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency's regulations for waste water analyses ( 40 CFR 136).
Tangible Net Worth - net worth minus intangibles such as goodwill and rights to patents or royalties.
Temporary Diversion - a diversion of a stream or overland flow which is used during coal exploration or surface mining and reclamation operations and not approved by the Department to remain after reclamation as part of the approved post-mining land use.
Temporary Impoundment - an impoundment used during surface coal mining and reclamation operations, but not approved by the Department to remain as part of the approved postmining land use.
Ton - 2,000 pounds avoirdupois (0.90718 metric ton).
Topsoil - the A and E soil horizon layers of the four master soil horizons.
Toxic-Forming Materials - earth minerals or wastes which, if acted upon by air, water, weathering or micro-biological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.
Toxic Mine Drainage - water that is discharged from active or abandoned mines or other areas affected by coal exploration or development operations or surface coal mining and reclamation operations, which contains a substance that through chemical action or physical effects is likely to kill, injure or impair biota commonly present in the area that might be exposed to it.
Transfer, Assignment or Sale of Rights - a change in ownership or other effective control over the right to conduct surface coal mining operations under a permit issued by the Permit Board.
Unanticipated event or condition - an event or condition related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining and was not contemplated by the applicable permit.
Unwarranted Failure to Comply - the failure of a permittee to prevent or abate the occurrence of any violation of his permit or any requirement of these regulations due to indifference, lack of diligence or lack of reasonable care.
Valid Rights - as used in § 53-9-71(4) of the Act means Valid Existing Rights.
Valid Existing Rights - means a set of circumstances under which a person may, subject to Permit Board approval, conduct surface coal mining operations on lands where 30 U.S.C. 1272(e), 30 CFR § 761.11, Miss. Code Ann. § 53-9-71, or § 1105 of these regulations would otherwise prohibit such operations. Possession of valid existing rights only confers an exception from the prohibitions of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, and § 1105 of these regulations. A person seeking to exercise valid existing rights must comply with all other pertinent requirements of the SMCRA, the Act, federal regulations promulgated under SMCRA, and these regulations.
(a) Property rights demonstration. Except as provided in paragraph (c) of this definition, a person claiming valid existing rights must demonstrate that a legally binding conveyance, lease, deed, contract, or other document vests that person, or a predecessor in interest, with the right to conduct the type of surface coal mining operations intended. This right must exist at the time that the land came under the protection of 30 CFR § 761.11, 30 U.S.C. § 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 of these regulations. Applicable Mississippi law will govern interpretation of documents relied upon to establish property rights, unless Federal law provides otherwise. If no applicable Mississippi law exists, custom and generally accepted usage at the time and place that the documents came into existence will govern their interpretation.
(b) Except as provided in paragraph (c) of this definition, a person claiming valid existing rights also must demonstrate compliance with one of the following standards:
(1) Good faith/all permits standard. All permits and other authorizations required to conduct surface coal mining operations had been obtained, or a good faith effort to obtain all necessary permits and authorizations had been made, before the land came under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 of these regulations. At a minimum, an application must have been submitted for any permit required under the Act and these regulations.
(2) Needed for and adjacent standard. The land is needed for and immediately adjacent to a surface coal mining operation for which all permits and other authorizations required to conduct surface coal mining operations had been obtained, or a good faith attempt to obtain all permits and authorizations had been made, before the land came under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 of these regulations. To meet this standard, a person must demonstrate that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 of these regulations. Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 of these regulations when the regulatory authority approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made. In evaluating whether a person meets this standard, the Permit Board may consider factors such as:
(i) The extent to which coal supply contracts or other legal and business commitments that predate the time that the land came under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 depend upon use of that land for surface coal mining operations;
(ii) The extent to which plans used to obtain financing for the operation before the land came under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 of these regulations rely upon use of that land for surface coal mining operations;
(iii) The extent to which investments in the operation before the land came under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 rely upon use of that land for surface coal mining operations; and
(iv) Whether the land lies within the area identified on the life-of-mine map submitted pursuant to § 1907(f) before the land came under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105.
(c) Roads. A person who claims valid existing rights to use or construct a road across the surface of lands protected by 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105 must demonstrate that one or more of the following circumstances exist if the road is included within the definition of "surface coal mining operations" in § 105 of these regulations:
(1) The road existed when the land upon which it is located came under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105, and the person has a legal right to use the road for surface coal mining operations.
(2) A properly recorded right of way or easement for a road in that location existed when the land came under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105, and, under the document creating the right of way or easement, and under subsequent conveyances, the person has a legal right to use or construct a road across the right of way or easement for surface coal mining operations.
(3) A valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of 30 CFR § 761.11, 30 U.S.C. 1272(e), Miss. Code Ann. § 53-9-71, or § 1105.
(4) Valid existing rights exist under paragraphs (a) and (b) of this definition.
Valley Fill - a fill structure consisting of any material other than coal waste and organic material that is placed in a valley where side slopes of the existing valley measured at the steepest point are greater than 20 degrees or the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees.
Violation, Failure or Refusal -
(a) a violation of a condition of a permit issued pursuant to the act and these regulations; or
(b) a failure or refusal to comply with any order issued by the Commission.
Violation, when used in the context of the permit application information or permit eligibility requirements of these regulations, means -
(a) A failure to comply with an applicable provision of a Federal or State law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or
(b) A noncompliance for which OSM has provided one or more of the following types of notice or a State regulatory authority has provided equivalent notice under corresponding provisions of a State regulatory program:
1 A notice of violation under these regulations.
2 A cessation order under these regulations.
3 A final order, bill, or demand letter pertaining to a delinquent civil penalty assessed under these regulations.
4 A bill or demand letter pertaining to a delinquent reclamation fees owed under these regulations.
5 A notice of bond forfeiture under these regulations when:
(i) One or more violations upon which the forfeiture was based have not been abated or corrected.
(ii) The amount forfeited and collected is insufficient for full reclamation under these regulations, the regulatory authority orders reimbursement for additional reclamation costs, and the person has
(iii) The site is covered by an alternative bonding system approved under these regulations, that system requires reimbursement of any reclamation costs incurred by the system above those covered by any site-specific bond, and the person has not complied with the reimbursement requirement and paid any associated penalties.
Violation Notice - any written notification from a governmental entity, whether by letter, memorandum, judicial or administrative pleading, or other written communication, of a violation of the Act; any Federal rule or regulation promulgated pursuant thereto; a State program; or any Federal or State law, rule, or regulation pertaining to air or water environmental protection in connection with a surface coal mining operation. It includes, but is not limited to, a notice of violation; an imminent harm cessation order; a failure-to-abate cessation order; a final order, bill, or demand letter pertaining to a delinquent civil penalty; a bill or demand letter pertaining to delinquent abandoned mine reclamation fees; and a notice of bond forfeiture, where one or more violations upon which the forfeiture was based have not been corrected.
Water Table - the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.
Willfully - that a person acted: (1) either intentionally, voluntarily or consciously; and (2) with intentional disregard or plain indifference to legal requirements in authorizing, ordering or carrying out a corporate permittee's action or omission that constituted a violation, failure, refusal, or failure to abate or correct.
Willful Violation - an act or omission which violates the act, state or federal laws or regulations or individual permit conditions, committed by a person who intends the result which actually occurs.
Working Capital - the excess of the operator's current assets over its current liabilities.
11 Miss. Code. R. § 8-2.1-1-105