11 Miss. Code. R. 8-1.2.11 - Permit Transfers, Revocations, Cancellations, Suspension, Rescissions and Reissuance

A. The Permit Board may transfer, modify, revoke, cancel, rescind, suspend, or reissue a permit. Applications for the modification, transfer or reissuance of any surface mining permit issued under the Act and these Regulations may be filed with the Department on forms prescribed by the Department.

B. The Permit Board may cancel a permit at the request of the operator, if the operator does not commence operations under the permit by stripping, grubbing or mining any part of the permit area.

C. The Permit Board may rescind a permit, if because of a change in post-mining use of the land by the landowner, the completion of the approved reclamation plan by the operator is no longer feasible. If a permit is canceled or rescinded, the remaining portion of the bond or deposit required under the Act and these Regulations shall be returned to the operator.

D. Any permit issued under the Act and these Regulations shall carry with it the right of successive reissuance upon expiration for areas within the boundaries of the existing permit. The operator may apply for reissuance and that permit shall be reissued, except as provided in this subsection. On application for reissuance the burden of proving that the permit should not be reissued shall be on the opponents of reissuance or the Department. If the opponents to reissuance or the Department establish and the Permit Board finds, in writing, that the operator is not satisfactorily meeting the terms and conditions of the existing permit or the present surface mining and reclamation operation is not in compliance with the Act and these Regulations, the Permit Board shall not reissue the permit.

E. Any permit reissuance shall be for a term not to exceed the term of the original permit. Application for permit reissuance shall be filed with the Permit Board at least sixty (60) days before the expiration of the permit. If an application for reissuance is timely filed, the operator may continue surface mining operations under the existing permit until the Permit Board takes action on the reissuance application.

Notes

11 Miss. Code. R. 8-1.2.11

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