Chapter 444 Rights and Duties of Miners and Mine Owners

444.352 - Definitions.

Steven Groce, Attorney Advertisement

As used in sections 444.352 to 444.380, the following words and terms shall mean:

(1)"Beneficiation", the process of concentrating minerals from ore;

(2)"Closure", those actions taken pursuant to a comprehensive plan to contain metallic mineral wastes on site, ensure the integrity of waste management structures and achieve the designated final uses of the metallic minerals waste management area;

(3)"Conference, conciliation and persuasion", a process of verbal or written communications consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator.The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the department.During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

(4)"Director", the director of the department of natural resources;

(5)"Disposal", the placing of metallic mineral wastes on or under the ground;

(6)"Facility", an integrated metallic mineral mine or mill complex or primary metal smelter or refinery complex;

(7)"Inspection-maintenance", those actions taken after closure to maintain the waste management area in accordance with a closure plan;

(8)"Metallic mineral waste", mine waste rock, mine water, tailings, chat, blast furnace slag from primary lead smelters and pot liners from primary aluminum smelters, which is disposed of and not put to beneficial use;

(9)"Metallic minerals", minerals or mineral ores containing lead, iron, zinc, copper, gold and silver;

(10)"Metallic minerals waste management areas" or "waste management areas", those areas designated and used for the disposal of metallic mineral wastes from metallic minerals mining, beneficiation and processing;

(11)"Mining", any activity conducted on or under the surface of the earth for the extraction of metallic minerals or mineral ores from the earth;

(12)"Minor violation", a violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor;

(13)"Operator", any person, firm, or corporation engaged in and controlling a facility;

(14)"Person", any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department or bureau of the state or federal government, or any other legal entity whatever, which is recognized by law as the subject of rights and duties.

(L. 1989 H.B. 321 § 2, A.L. 1993 S.B. 80, et al.)

444.885 - Cessation orders — suspension or revocation of permits — injunctive relief.

1.When, on the basis of any inspection, the commission, the director, or any authorized representative of the commission, determines that any condition or practices exist, or that any permittee is in violation of any requirement of this law, regulation, or any permit provision, which condition, practice or violation also creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause, significant, imminent environmental harm to land, air, or water resources, the commission or the director or any such authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion thereof relevant to the condition, practice, or violation.Such cessation order shall remain in effect until the commission or the director or any authorized representative determines that the condition, practice or violation has been abated, or until modified, vacated, or terminated by the commission or the director pursuant to subsection 4 of this section.Where the commission or the director or any authorized representative finds that the ordered cessation of surface coal mining and reclamation operations, or any portion thereof, will not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the commission or director or authorized agent shall, in addition to the cessation order, impose affirmative obligations on the operator requiring him to take whatever steps deemed necessary to abate the imminent danger or the significant environmental harm.

2.(1)When, on the basis of any inspection, the commission or the director or any authorized representative of the commission determines that any permittee is in violation of any requirement of this law or regulation or any permit condition, but such violation does not create an imminent danger to the health or safety of the public, or cannot be reasonably expected to cause significant, imminent environmental harm to land, air, or water resources, the commission or the director or any authorized representative of the commission shall issue a notice to the permittee or his agent fixing a reasonable time but not more than ninety days for the abatement of the violation and providing opportunity for public hearing.

(2)If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the commission or the director, the commission or the director finds that the violation has not been abated, the commission or director shall immediately order a cessation of surface coal mining and reclamation operations or the portion thereof relevant to the violation.Such cessation order shall remain in effect until the commission or the director determines that the violation has been abated, or until modified, vacated, or terminated by the commission or the director pursuant to subsection 4 of this section.In the order of cessation the commission or director shall determine the steps necessary to abate the violation in the most expeditious manner possible, and shall include the necessary measures in the order.

3.When the commission or the director determines that a pattern of violations of any requirements of this law, regulations, or any permit conditions exist or have existed, and if the commission or the director also finds that such violations are caused by the unwarranted failure of the permittee to comply with any requirements of this law, regulations, or any permit conditions, or that such violations are willfully caused by the permittee, the commission or the director shall forthwith issue an order to the permittee to show cause as to why the permit should not be suspended or revoked and shall provide opportunity for a public hearing.If a hearing is requested the commission shall inform all interested parties of the time and place of the hearing.Upon the permittee's failure to show cause as to why the permit should not be suspended or revoked, the commission shall forthwith suspend or revoke the permit.

4.Notices and orders issued pursuant to this section shall set forth with reasonable specificity the nature of the violation and the remedial action required, the period of time established for abatement, and a reasonable description of the portion of the surface coal mining and reclamation operation to which the notice or order applies.Each notice or order issued under this section shall be given promptly to the permittee or his agent and all such notices and orders shall be in writing and shall be signed.Any notice or order issued pursuant to this section may be modified, vacated, or terminated by the commission or the director.Any notice or order issued pursuant to this section which requires cessation of mining shall expire within thirty days of actual notice unless an informal public hearing is held by the commission or director at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of such public hearing, and within fifteen days thereof, the commission or director shall affirm, modify or vacate the order and give notice thereof to all parties.

5.The commission or director may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the circuit court of the county in which the surface coal mining and reclamation operation is located or in which the operator thereof has his principal office, whenever such operator or his agent:

(1)Violates or fails or refuses to comply with any final order or decision by the commission or director or any authorized representative; or

(2)Interferes with, hinders, or delays the commission, the director, or its authorized representative in carrying out the provisions of this law; or

(3)Refuses to admit the commission members, the director or any authorized representatives to the mine, or refuses to permit inspection of the mine; or

(4)Refuses to furnish any information or report requested by the commission or director; or

(5)Refuses to permit access to, and copying of, such records as the commission or director determines necessary; or

(6)Mines or disturbs any lands without a permit.

(L. 1979 H.B. 459)

444.789 - Administrative procedure — inapplicability to public meetings.

1.Any hearing pursuant to this section shall be of record and shall be a contested case.

2.Parties to such a hearing may make oral argument, introduce testimony and evidence, and cross-examine witnesses.

3.The hearing shall be before the commission or the chairman of the commission may designate one commission member as hearing officer, or may appoint a member in good standing of the Missouri Bar as hearing officer to hold the hearing and make recommendations to the commission, but the commission shall make the final decision thereon and any member participating in the decision shall review the record before making the decision.

4.In any such hearing any member of the commission may issue in the name of the commission notice of hearing and subpoenas as provided for in section 536.077.

5.The rules of discovery that apply to any civil case shall apply to hearings held by the commission.

6.The administrative procedures in this section shall not apply to the public meetings pursuant to section 444.773.

(L. 1990 H.B. 1584, A.L. 2001 H.B. 453)

444.762 - Declaration of policy.

It is hereby declared to be the policy of this state to strike a balance between mining of minerals and reclamation of land subjected to surface disturbance by mining, as contemporaneously as possible, and for the conservation of land, and thereby to preserve natural resources, to encourage the planting of forests, to advance the seeding of grasses and legumes for grazing purposes and crops for harvest, to aid in the protection of wildlife and aquatic resources, to establish recreational, home and industrial sites, to protect and perpetuate the taxable value of property, and to protect and promote the health, safety and general welfare of the people of this state.

(L. 1971 H.B. 519 § 2, A.L. 1990 H.B. 1584, A.L. 2014 S.B. 642)

444.362 - Closure plan, purposes, contents, review of.

1.The operator shall submit a closure plan, the purpose of which shall be to:

(1)Ensure that metallic mineral wastes are contained on-site as required by applicable NPDES permits, dam safety registration requirements, waste management program requirements, and air pollution control regulations;

(2)Ensure the continued integrity of the waste management structures; and

(3)Ensure that the proposed final designated uses of the area are achieved.

2.The closure plan shall state the final designated uses for the waste management area, which designated uses shall be compatible with and achieve the purposes of sections 444.352 to 444.380.There may be multiple uses so long as they are compatible.The designated uses may include wildlife, agricultural, recreational, commercial, industrial or other appropriate uses, including the processing of wastes or the removal of waste materials off-site for beneficial uses.The operator shall meet the requirements for establishing the designated uses as specified by the permit.

3.Based on the designated uses, the plan shall set forth the measures to be taken to accomplish the objectives of the plan, including measures to provide, as necessary:

(1)Surface water management;

(2)Monitoring and protection of ground water;

(3)Waste management structures control;

(4)Vegetation;

(5)Control of off-site removal;

(6)Control of movement from wind; and

(7)Such other matters required to accomplish the purposes of the plan.

4.The closure plan shall be reviewed by the operator and the director every five years, or upon request of the owner or operator and shall be revised as necessary.

(L. 1989 H.B. 321 § 6)

444.766 - Exceptions to land reclamation act provisions.

1.No provision of sections 444.760 to 444.790 shall apply to the excavation of minerals or fill dirt for the purposes of construction or land improvement as unrelated to the mining of minerals for a commercial purpose or reclamation of land subsequent to the surface mining of minerals.

2.No permit is required under sections 444.760 to 444.790 for the purpose of moving minerals or fill dirt within the confines of real property where excavation occurs, or for purposes of removing minerals or fill dirt from the real property as provided in this section.

(1)Excavations for construction pursuant to engineering plans and specifications prepared by an architect, professional engineer, or landscape architect licensed pursuant to chapter 327, or any excavation for construction performed under a written contract that requires excavation of minerals or fill dirt and establishes dates for completion of work and specifies the terms of payment for work, shall be presumed to be for the purposes of construction and shall not require a permit for surface mining.

(2)Excavations for purposes of land improvement where minerals removed from the site are excess minerals that cannot be used on-site for any practical purpose and at no time are subjected to crushing, screening, or other means of beneficiation with the exception of removal of dead trees, decaying vegetation, tree limbs, and stumps shall be presumed to be for the purposes of land improvement and shall not require a permit for surface mining, provided that:

(a)The site has not been designated as a surface mine by the federal Mine Safety and Health Administration;

(b)Minerals from the property are not used for commercial purposes on a frequent or ongoing basis; and

(c)A pit, peak, or ridge does not persist at the site as inconsistent with the purposes of land improvement.

(3)Permits shall not be required for the excavation of fill dirt, regardless of the site of disposition or whether construction occurs at the site of excavation.

3.(1)If the director or his or her designee determines that a surface mining permit is required for real property which is purported to be for purposes of construction or land improvement not requiring a surface mining permit under this section, such determination shall be sent in writing to the owner of the property by certified mail stating the reasons for such determination.Upon request of the person receiving the letter, an informal conference shall be scheduled with the director within fifteen calendar days to discuss the determination.Following the informal conference, the director shall issue a written determination regarding his or her findings of fact no later than thirty calendar days after the date of the conference.If the director agrees that a surface mining permit is required and the person disagrees with that decision, the person may make a written request for a hearing before the commission at its next regular meeting.Such written request shall be filed within thirty calendar days after receipt of the director's written determination, except when the thirtieth day would be later than the date of the next regularly scheduled commission meeting, the written request shall be filed at least seven days prior to the commission meeting unless the director and the person filing the request mutually agree to place the matter on the commission's agenda for a later meeting.The commission shall issue a written determination as to whether a surface mining permit is required under this state's law within thirty calendar days after the hearing.The written determination may be appealed as provided under this chapter.

(2)Until a final written determination has been issued under the process established under subdivision (1) of this subsection, the person receiving a letter stating the reasons a mining permit is required may continue activity at the site in dispute.The commission may stay the director's determination.If the final written determination is that a permit is required, all fees otherwise provided by statute or rules of the commission shall apply.If the determination is that no permit is required, no permit fees shall be required by the director or the commission.

(3)The process set out in this subsection for determining whether a mining permit is required shall not be subject to the hearing requirements of section 444.789.

(L. 2005 H.B. 824, A.L. 2009 H.B. 246)

444.772 - Permit — application, contents, fees — amendment, how made — successor operator, duties of — fees expire, when.

1.Any operator desiring to engage in surface mining shall make written application to the director for a permit.

2.Application for permit shall be made on a form prescribed by the commission and shall include:

(1)The name of all persons with any interest in the land to be mined;

(2)The source of the applicant's legal right to mine the land affected by the permit;

(3)The permanent and temporary post office address of the applicant;

(4)Whether the applicant or any person associated with the applicant holds or has held any other permits pursuant to sections 444.500 to 444.790, and an identification of such permits;

(5)The written consent of the applicant and any other persons necessary to grant access to the commission or the director to the area of land affected under application from the date of application until the expiration of any permit granted under the application and thereafter for such time as is necessary to assure compliance with all provisions of sections 444.500 to 444.790 or any rule or regulation promulgated pursuant to them.Permit applications submitted by operators who mine an annual tonnage of less than ten thousand tons shall be required to include written consent from the operator to grant access to the commission or the director to the area of land affected;

(6)A description of the tract or tracts of land and the estimated number of acres thereof to be affected by the surface mining of the applicant for the next succeeding twelve months; and

(7)Such other information that the commission may require as such information applies to land reclamation.

3.The application for a permit shall be accompanied by a map in a scale and form specified by the commission by regulation.

4.The application shall be accompanied by a bond, security or certificate meeting the requirements of section 444.778, a geologic resources fee authorized under section 256.700, and a permit fee approved by the commission not to exceed one thousand dollars.The commission may also require a fee for each site listed on a permit not to exceed four hundred dollars for each site.If mining operations are not conducted at a site for six months or more during any year, the fee for such site for that year shall be reduced by fifty percent.The commission may also require a fee for each acre bonded by the operator pursuant to section 444.778 not to exceed twenty dollars per acre.If such fee is assessed, the per-acre fee on all acres bonded by a single operator that exceed a total of two hundred acres shall be reduced by fifty percent.In no case shall the total fee for any permit be more than three thousand dollars.Permit and renewal fees shall be established by rule, except for the initial fees as set forth in this subsection, and shall be set at levels that recover the cost of administering and enforcing sections 444.760 to 444.790, making allowances for grants and other sources of funds.The director shall submit a report to the commission and the public each year that describes the number of employees and the activities performed the previous calendar year to administer sections 444.760 to 444.790.For any operator of a gravel mining operation where the annual tonnage of gravel mined by such operator is less than five thousand tons, the total cost of submitting an application shall be three hundred dollars.The issued permit shall be valid from the date of its issuance until the date specified in the mine plan unless sooner revoked or suspended as provided in sections 444.760 to 444.790.Beginning August 28, 2007, the fees shall be set at a permit fee of eight hundred dollars, a site fee of four hundred dollars, and an acre fee of ten dollars, with a maximum fee of three thousand dollars.Fees may be raised as allowed in this subsection after a regulation change that demonstrates the need for increased fees.

5.An operator desiring to have his or her permit amended to cover additional land may file an amended application with the commission.Upon receipt of the amended application, and such additional fee and bond as may be required pursuant to the provisions of sections 444.760 to 444.790, the director shall, if the applicant complies with all applicable regulatory requirements, issue an amendment to the original permit covering the additional land described in the amended application.

6.An operation may withdraw any land covered by a permit, excepting affected land, by notifying the commission thereof, in which case the penalty of the bond or security filed by the operator pursuant to the provisions of sections 444.760 to 444.790 shall be reduced proportionately.

7.Where mining or reclamation operations on acreage for which a permit has been issued have not been completed, the permit shall be renewed.The operator shall submit a permit renewal form furnished by the director for an additional permit year and pay a fee equal to an application fee calculated pursuant to subsection 4 of this section, but in no case shall the renewal fee for any operator be more than three thousand dollars.For any operator involved in any gravel mining operation where the annual tonnage of gravel mined by such operator is less than five thousand tons, the permit as to such acreage shall be renewed by applying on a permit renewal form furnished by the director for an additional permit year and payment of a fee of three hundred dollars.Upon receipt of the completed permit renewal form and fee from the operator, the director shall approve the renewal.With approval of the director and operator, the permit renewal may be extended for a portion of an additional year with a corresponding prorating of the renewal fee.

8.Where one operator succeeds another at any uncompleted operation, either by sale, assignment, lease or otherwise, the commission may release the first operator from all liability pursuant to sections 444.760 to 444.790 as to that particular operation if both operators have been issued a permit and have otherwise complied with the requirements of sections 444.760 to 444.790 and the successor operator assumes as part of his or her obligation pursuant to sections 444.760 to 444.790 all liability for the reclamation of the area of land affected by the former operator.

9.The application for a permit shall be accompanied by a plan of reclamation that meets the requirements of sections 444.760 to 444.790 and the rules and regulations promulgated pursuant thereto, and shall contain a verified statement by the operator setting forth the proposed method of operation, reclamation, and a conservation plan for the affected area including approximate dates and time of completion, and stating that the operation will meet the requirements of sections 444.760 to 444.790, and any rule or regulation promulgated pursuant to them.

10.At the time that a permit application is deemed complete by the director, the operator shall publish a notice of intent to operate a surface mine in any newspaper qualified pursuant to section 493.050 to publish legal notices in any county where the land is located.If the director does not respond to a permit application within forty-five calendar days, the application shall be deemed to be complete.Notice in the newspaper shall be posted once a week for four consecutive weeks beginning no more than ten days after the application is deemed complete.The operator shall also send notice of intent to operate a surface mine by certified mail to the governing body of the counties or cities in which the proposed area is located, and to the last known addresses of all record landowners whose property is:

(1)Within two thousand six hundred forty feet, or one-half mile from the border of the proposed mine plan area; and

(2)Adjacent to the proposed mine plan area, land upon which the mine plan area is located, or adjacent land having a legal relationship with either the applicant or the owner of the land upon which the mine plan area is located.

The notices shall include the name and address of the operator, a legal description consisting of county, section, township and range, the number of acres involved, a statement that the operator plans to mine a specified mineral during a specified time, and the address of the commission.The notices shall also contain a statement that any person with a direct, personal interest in one or more of the factors the director may consider in issuing a permit may request a public meeting or file written comments to the director no later than fifteen days following the final public notice publication date.If any person requests a public meeting, the applicant shall cooperate with the director in making all necessary arrangements for the public meeting to be held in a reasonably convenient location and at a reasonable time for interested participants, and the applicant shall bear the expenses.

11.The director may approve a permit application or permit amendment whose operation or reclamation plan deviates from the requirements of sections 444.760 to 444.790 if it can be demonstrated by the operator that the conditions present at the surface mining location warrant an exception.The criteria accepted for consideration when evaluating the merits of an exception or variance to the requirements of sections 444.760 to 444.790 shall be established by regulations.

*12.Fees imposed pursuant to this section shall become effective August 28, 2007, and shall expire on December 31, 2024.No other provisions of this section shall expire.

(L. 1971 H.B. 519 § 6, A.L. 1984 H.B. 1162, A.L. 1990 H.B. 1584, A.L. 1992 H.B. 1732, A.L. 2001 H.B. 453, A.L. 2007 S.B. 54, A.L. 2013 H.B. 28 merged with H.B. 650, A.L. 2014 H.B. 1201 merged with S.B. 642, A.L. 2018 S.B. 782)

*Fees expire 12-31-24

444.376 - Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition.

1.In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 444.350 to 444.380 or a standard, limitation, order, rule or regulation promulgated pursuant thereto, or a term or condition of any permit has been violated, the director may issue an order assessing an administrative penalty upon the violator under this section.An administrative penalty shall not be imposed until the director has sought to resolve the violations through conference, conciliation and persuasion and shall not be imposed for minor violations of sections 444.350 to 444.380 or minor violations of any standard, limitation, order, rule or regulation promulgated pursuant to sections 444.350 to 444.380 or minor violations of any term or condition of a permit issued pursuant to sections 444.350 to 444.380.If the violation is resolved through conference, conciliation and persuasion, no administrative penalty shall be assessed unless the violation has caused, or has the potential to cause, a risk to human health or to the environment, or has caused or has potential to cause pollution, or was knowingly committed, or is defined by the United States Environmental Protection Agency as other than minor.Any order assessing an administrative penalty shall state that an administrative penalty is being assessed under this section and that the person subject to the penalty may appeal as provided by this section.Any such order that fails to state the statute under which the penalty is being sought, the manner of collection or rights of appeal shall result in the state's waiving any right to collection of the penalty.

2.The department shall promulgate rules and regulations for the assessment of administrative penalties.The amount of the administrative penalty assessed per day of violation for each violation under this section shall not exceed the amount of the civil penalty specified in section 444.375.Such rules shall reflect the criteria used for the administrative penalty matrix as provided for in the Resource Conservation and Recovery Act, 42 U.S.C. 6928(a), Section 3008(a), and the harm or potential harm which the violation causes, or may cause the violator's previous compliance record, and any other factors which the department may reasonably deem relevant.An administrative penalty shall be paid within sixty days from the date of issuance of the order assessing the penalty.Any person subject to an administrative penalty may appeal any final order assessing an administrative penalty as provided in sections 536.100 to 536.140.Any appeal will stay the due date of such administrative penalty until the appeal is resolved.Any person who fails to pay an administrative penalty by the final due date shall be liable to the state for a surcharge of fifteen percent of the penalty plus ten percent per annum on any amounts owed.Any administrative penalty paid pursuant to this section shall be handled in accordance with Section 7 of Article IX of the State Constitution.An action may be brought in the appropriate circuit court to collect any unpaid administrative penalty, and for attorney's fees and costs incurred directly in the collection thereof.

3.An administrative penalty shall not be increased in those instances where department action, or failure to act, has caused a continuation of the violation that was a basis for the penalty.Any administrative penalty must be assessed within two years following the department's initial discovery of such alleged violation, or from the date the department in the exercise of ordinary diligence should have discovered such alleged violation.

4.The state may elect to assess an administrative penalty, or, in lieu thereof, to request that the attorney general or prosecutor file an appropriate legal action seeking a civil penalty in the appropriate circuit court.

5.Any final order imposing an administrative penalty is subject to judicial review upon the filing of a petition pursuant to section 536.100 by any person subject to the administrative penalty.

(L. 1991 S.B. 45, A.L. 1993 S.B. 80, et al.)

444.372 - Permits, final approval by director — denial of permit, procedures.

1.The director shall review the permit application and shall notify the applicant in a reasonable period of time after initial review of the completeness of the application, the need for additional information, the appropriateness of choice of final uses of the area and the adequacy of closure and inspection-maintenance plans.At the request of the applicant, a meeting shall be scheduled to negotiate and facilitate the appropriate plans to meet the purposes of sections 444.350 to 444.380 and the air pollution control program, waste management program, water pollution control program and dam safety program.

2.The director shall issue the permit or deny the permit within ninety days of receipt of the completed application.When the director has denied the permit, a conference shall be scheduled by the director to consider the matters in disagreement, and to attempt to negotiate resolution of such matters.If final agreement is reached, permit approval shall be issued.If final agreement is not reached, the director shall issue and cause to be served on the operator, a final determination specifying those matters in dispute, the basis for his determination, and conditions required to meet the director's objections.

3.All final orders and determinations of the department made pursuant to the provisions of sections 444.352 to 444.380 are subject to judicial review pursuant to the provisions of chapter 536.All final orders and determinations shall be deemed "administrative decisions" as that term is defined in chapter 536.No judicial review shall be available until all administrative remedies are exhausted.

4.In any suit filed pursuant to section 536.050 concerning the validity of the department's rules or regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such rules or regulations and may hear such additional evidence as it deems necessary.

(L. 1989 H.B. 321 § 10)

444.895 - Review of cessation orders and permit suspensions and revocations — procedure — temporary relief — hearings, conduct.

1.(1)A permittee issued a notice or order pursuant to the provisions of section 444.885, or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the commission for review of the notice or order within thirty days of receipt thereof or within thirty days of its modification, vacation, or termination.Upon receipt of such application, the commission shall cause such investigation to be made as it deems appropriate and shall set the matter for public hearing no later than thirty days from the date of application to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof.The filing of an application for review shall not operate as a stay of any order or notice.

(2)The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior thereto.Any such hearing shall be a contested case.

2.Upon receiving the report of such investigation, and after hearing, the commission shall make findings of fact and conclusions of law, and shall issue a written decision, incorporating therein an order vacating, affirming, modifying, or terminating the notice or order, or the modification, vacation, or termination of such notice or order complained of and incorporate its findings therein.Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pursuant to the provisions of section 444.885, the commission shall issue the written decision within thirty days of the application for review unless temporary relief has been granted by the commission pursuant to subsection 3 of this section.

3.Pending completion of the investigation and hearing required by this section, the applicant may file with the commission a written request that the commission grant temporary relief from any notice or order issued under section 444.885 together with a detailed statement giving reasons for granting such relief.The commission shall issue an order or decision granting or denying such relief expeditiously; provided, that where the applicant requests relief from an order for cessation of coal mining and reclamation operations issued pursuant to subsection 1 or 2 of section 444.885, the order or decision on such a request shall be issued within five days of its receipt.The commission may grant such relief, under such conditions as it may prescribe, if:

(1)A hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be heard;

(2)The applicant shows that there is substantial likelihood that the findings of the commission will be favorable to him; and

(3)Such relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources.

4.Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to section 444.885, the commission shall hold a public hearing after giving written notice of the time, place, and date thereof.Any such hearing shall be of record.Within sixty days following the public hearing, the commission shall issue and furnish to the permittee and all other parties to the hearing a written decision, and the reasons therefor, concerning suspension or revocation of the permit.If the commission revokes the permit, the permittee shall immediately cease surface coal mining operations on the permit area and shall complete reclamation within a period specified by the commission, or the commission shall declare as forfeited the performance bonds for the operation.

5.Whenever an order is issued under this section, or as a result of any administrative proceeding under this law, at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined to have been reasonably incurred by such person for or in connection with his participation in such proceedings, or for the cost of recording or transcribing the record, may be assessed against either party as the court, resulting from judicial review, or the commission, resulting from administrative proceedings, deems proper.

6.The chairman of the commission may designate one commission member as hearing officer, or may appoint a member in good standing of the Missouri bar as hearing officer to hold any hearings under this section and section 444.885 and make recommendations to the commission; except that in any hearings for temporary relief requiring a decision within five days the hearing officer shall make said decision.All final decisions from hearings of a hearing officer when recommendations are made shall be by the commission, and any member participating in the decision shall review the record before making decision.

(L. 1979 H.B. 459)

444.590 - Successor operator, assumption of liability — first operator released, when.

Where one operator succeeds another at any uncompleted operation, either by sale, assignment, lease or otherwise, the commission may release the first operator from all liability under sections 444.500 to 444.755 as to that particular operation, but only if the successor operator applies for and qualifies for a permit under sections 444.500 to 444.755 and assumes as part of his obligation under sections 444.500 to 444.755 all liability for the reclamation of the area of land affected by the former operator and sufficient bond is filed with the commission as provided in section 444.570.The successor operator shall not be required to pay the acre fee for any acre or fraction thereof for which a fee has already been paid.

(L. 1971 S.B. 1 § 12)

444.690 - Testimony at hearing, how recorded — available, when.

At any public hearing, all testimony taken before the commission shall be under oath and recorded stenographically.The transcript so recorded shall be made available to any party to a hearing or to any member of the public upon payment of the cost thereof.In any such hearing any member of the commission may issue in the name of the commission notice of hearing and subpoenas as provided for in section 536.077. The rules of discovery that apply to any civil case shall apply to hearings held by the commission.All final orders or determinations or other final actions by the commission shall be approved in writing by at least four members of the commission.Any commission member approving in writing any final order or determination or other final action, who did not attend the hearing, shall do so only after reviewing all exhibits and the entire transcript of the hearing.

(L. 1971 S.B. 1 § 22)

444.777 - Entry upon lands and inspection by commission members — warrants to issue.

Commission members and authorized representatives of the commission may at all reasonable times enter upon any lands that have been or are being surface mined for the purpose of inspection to determine whether the provisions of sections 444.760 to 444.790 have been complied with.No person shall refuse entry or access requested for purposes of inspection, to any member of the commission or authorized representative who presents appropriate credentials, nor obstruct or hamper any such person in carrying out the inspection.A suitably restricted search warrant, describing the place to be searched and showing probable cause in writing and upon written oath or affirmation by any member of the commission or authorized representative, shall be issued by any circuit judge or associate circuit judge in the county where the search is to be made.

(L. 1990 H.B. 1584, A.L. 2001 H.B. 453)

444.790 - Administrative penalties — not to be assessed for minor violation, definition — amount set by rule, limitation — payment when — appeal, effect — surcharge due when — unpaid penalty, collection — time limitation to assess violation — judicial appeal — civil action, effect, exception — habitual violator, defined.

1.In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 444.760 to 444.789 or a standard, limitation, order, rule or regulation promulgated pursuant thereto, or a term or* condition of any permit has been violated, the director may issue an order assessing an administrative penalty upon the violator.The penalty shall not be imposed until the director has sought to eliminate the violations through conference, conciliation and persuasion and shall not be imposed for minor violations of sections 444.760 to 444.789 or minor violations of any standard, limitation, order, rule or regulation promulgated pursuant to sections 444.760 to 444.789 or minor violations of any term or condition of a permit issued pursuant to sections 444.760 to 444.789.The commission shall define by rule and regulation the term "minor violation".

2.The commission shall promulgate rules and regulations for the assessment of administrative penalties.The amount of the administrative penalty assessed per day of violation for each violation under this section shall not exceed the amount of the civil penalty specified in section 444.787.Such rules shall reflect the criteria used for the administrative penalty matrix as provided for in the Resource Conservation and Recovery Act, 42 U.S.C. 6928(a), Section 3008(a) and the harm or potential harm which the violation causes, or may cause, the violator's previous compliance record, and any other factors which the department may reasonably deem relevant.An administrative penalty shall be paid within sixty days from the date of issuance of the order assessing the penalty.Any person subject to an administrative penalty may appeal to the commission.Any appeal will stay the due date of such administrative penalty until the appeal is resolved.Any person who fails to pay an administrative penalty by the final due date shall be liable to the state for a surcharge of fifteen percent of the penalty plus ten percent per annum on any amounts owed.Any administrative penalty paid pursuant to this section shall be placed in the state treasury and credited to the general revenue fund.An action may be brought in the appropriate circuit court to collect any unpaid administrative penalty, and for attorney's fees and costs incurred directly in the collection thereof.

3.An administrative penalty shall not be increased in those instances where department action, or failure to act, has caused a continuation of the violation that was a basis for the penalty.Any administrative penalty must be assessed within two years following the department's initial discovery of such alleged violation, or from the date the department in the exercise of ordinary diligence should have discovered such alleged violation.

4.Any final order imposing an administrative penalty is subject to judicial review upon the filing of a petition pursuant to section 536.100 by any person subject to the administrative penalty; however, either party may require that the judicial appeal is tried as a trial de novo in the circuit court of the jurisdiction where the violation occurred.

5.The state may elect to assess an administrative penalty, or, in lieu thereof, to request that the attorney general or prosecutor file an appropriate legal action seeking a civil penalty in the appropriate circuit court.The assessment of an administrative penalty shall preclude the assessment of a monetary penalty for the same violation by the attorney general and the judicial assessment of a civil penalty for the same violation except that this limitation shall not apply to persons who** the department has determined *** have habitually violated the requirements of the Missouri land reclamation law, the land reclamation laws of other states or federal laws pertaining to land reclamation.The commission shall promulgate rules and regulations to provide further clarification of a habitual violator under this subsection.

(L. 1991 S.B. 45)

*Word "of" appears in original rolls.

**Word "whom" appears in original rolls.

***Word "to" appears here in original rolls.

444.773 - Director to investigate applications — decision to issue or deny — denial of permit, appeal, procedure — commission to issue decision.

1.All applications for a permit shall be filed with the director, who shall promptly investigate the application and make a decision within six weeks after completion of the process provided in subsection 10 of section 444.772 to issue or deny the permit.If the director determines that the application has not fully complied with the provisions of section 444.772 or any rule or regulation promulgated pursuant to that section, the director may seek additional information from the applicant before making a decision to issue or deny the permit.The director shall consider any public comments when making the decision to issue or deny the permit.In issuing a permit, the director may impose reasonable conditions consistent with the provisions of sections 444.760 to 444.790.The director's decision shall be deemed to be the decision of the director of the department of natural resources and shall be subject to appeal to the administrative hearing commission as provided by sections 640.013 and 621.250.

2.Whenever a surface mining operation permit provided under section 444.772 is issued, denied, suspended, or revoked by the department of natural resources, any aggrieved person, by petition filed with the administrative hearing commission within thirty days of the decision, may appeal such decision as provided by sections 621.250 and 640.013.For purposes of an appeal, the administrative hearing commission may consider, based on competent and substantial scientific evidence on the record, whether an interested party's health, safety or livelihood will be unduly impaired by the issuance, denial, suspension, or revocation of the permit.The administrative hearing commission may also consider, based on competent and substantial scientific evidence on the record, whether the operator has demonstrated, during the five-year period immediately preceding the date of the permit application, a pattern of noncompliance at other locations in Missouri that suggests a reasonable likelihood of future acts of noncompliance.In determining whether a reasonable likelihood of noncompliance will exist in the future, the administrative hearing commission may look to past acts of noncompliance in Missouri, but only to the extent they suggest a reasonable likelihood of future acts of noncompliance.Such past acts of noncompliance in Missouri, in and of themselves, are an insufficient basis to suggest a reasonable likelihood of future acts of noncompliance.In addition, such past acts shall not be used as a basis to suggest a reasonable likelihood of future acts of noncompliance unless the noncompliance has caused or has the potential to cause, a risk to human health or to the environment, or has caused or has potential to cause pollution, or was knowingly committed, or is defined by the United States Environmental Protection Agency as other than minor.If a hearing petitioner demonstrates or the administrative hearing commission finds either present acts of noncompliance or a reasonable likelihood that the permit seeker or the operations of associated persons or corporations in Missouri will be in noncompliance in the future, such a showing will satisfy the noncompliance requirement in this subsection.In addition, such basis must be developed by multiple noncompliances of any environmental law administered by the Missouri department of natural resources at any single facility in Missouri that resulted in harm to the environment or impaired the health, safety or livelihood of persons outside the facility.For any permit seeker that has not been in business in Missouri for the past five years, the administrative hearing commission may review the record of noncompliance in any state where the applicant has conducted business during the past five years.The administrative hearing commission shall issue a recommended decision to the commission on permit issuance, denial, suspension, or revocation.The commission shall issue its own decision, based on the appeal, for permit issuance, denial, suspension, or revocation.If the commission changes a finding of fact or conclusion of law made by the administrative hearing commission, or modifies or vacates the decision recommended by the administrative hearing commission, it shall issue its own decision, which shall include findings of fact and conclusions of law.The commission shall mail copies of its final decision to the parties to the appeal or their counsel of record.The commission's decision shall be subject to judicial review pursuant to chapter 536, except that the court of appeals district with territorial jurisdiction coextensive with the county where the mine is located or is to be located shall have original jurisdiction.No judicial review shall be available until and unless all administrative remedies are exhausted.

(L. 1990 H.B. 1584, A.L. 2001 H.B. 453, A.L. 2011 H.B. 89, A.L. 2014 H.B. 1201 merged with S.B. 642, A.L. 2015 H.B. 92)

CROSS REFERENCE:

Nonseverability clause, 640.099

444.377 - Hearings, procedures.

1.Any hearing under sections 444.350 to 444.380 shall be of record and shall be a contested case.

2.Parties to such a hearing may make oral argument, introduce testimony and evidence, and cross-examine witnesses.

3.The hearing shall be before the director or the director may appoint a member in good standing of the Missouri Bar as hearing officer to hold the hearing and make recommendations to the director, but the director shall make the final decision on the hearing.

4.In any such hearing the director may issue a notice of hearing and subpoenas as provided for in section 536.077.

5.The rules of discovery that apply to any civil case shall apply to hearings under this section.

(L. 1989 H.B. 321 § 12)

444.090 - Refusal to permit survey — penalty.

If said party or parties owning, controlling or working said shaft or shafts on said lot or lots or tract of land shall refuse, hinder or prevent said county surveyor or his deputy and his assistant from entering said shaft or shafts or drifts, to make the survey so ordered by the associate circuit judge, and every person so offending shall, on conviction, be adjudged guilty of a misdemeanor, and punished by imprisonment in the county jail for a term of not exceeding one year, or by fine not exceeding three hundred dollars, or by both said fine and imprisonment.

(RSMo 1939 § 14791)

Prior revisions: 1929 § 13601; 1919 § 7444; 1909 § 8416

444.890 - Commission to designate areas unsuitable for surface mining — review required — excepted lands — procedure.

1.(1)The commission shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to which, if any, land areas are unsuitable for all or certain types of surface coal mining operations pursuant to the standards set forth in subdivisions (2) and (3) of this subsection but such designation shall not prevent the mineral exploration of any area so designated.

(2)Upon petition pursuant to subsection 2 of this section, the commission shall designate an area as unsuitable for all or certain types of surface coal mining operations if the commission determines that reclamation is not technologically and economically feasible.

(3)Upon petition pursuant to subsection 2 of this section, a surface area may be designated unsuitable for certain types of surface coal mining operations if such operations will:

(a)Be incompatible with existing state or local land use plans or programs; or

(b)Affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems; or

(c)Affect renewable resource lands in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products, and such lands to include aquifers and aquifer recharge areas; or

(d)Affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology;

(4)To provide for surface coal mining lands review, the commission shall:

(a)Develop a data base and an inventory system which will permit proper evaluation of the capacity of different land areas of the state to support and permit reclamation of surface coal mining operations;

(b)Develop a method or methods for implementing land use planning decisions, concerning surface coal mining operations; and

(c)Provide proper notice and opportunities for public participation, including a public hearing prior to making any designation or redesignation, pursuant to this section.

(5)Determinations of the unsuitability of land for surface coal mining shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state, and local levels.

(6)The requirements of this section shall not apply to lands on which surface coal mining operations are being conducted on September 28, 1979, or under a permit issued pursuant to this law, or where substantial legal and financial commitments in such operation were in existence prior to January 4, 1977.

2.Any person having an interest which is or may be adversely affected shall have the right to petition the commission to have an area designated as unsuitable for surface coal mining operations, or to have such a designation terminated.Such a petition shall contain allegations of facts with supporting evidence which would tend to establish the allegations.Within ten months after receipt of the petition the commission shall hold a public hearing in the locality of the affected area, after appropriate notice and publication of the date, time, and location of such hearing.After a person having an interest which is or may be adversely affected has filed a petition and before the hearing, any person may intervene by filing allegations of facts with supporting evidence which would tend to establish the allegations.Within sixty days after such hearing, the commission shall issue and furnish to the petitioner, and any other party to the hearing, a written decision regarding the petition, and the reasons therefor.In the event that all the petitioners stipulate agreement prior to the requested hearing, and withdraw their request, such hearing need not be held.

3.Prior to designating any land areas as unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on

(1)The potential coal resources of the area;

(2)The demand for coal resources; and

(3)The impact of such designation on the environment, the economy, and the supply of coal.

4.After September 28, 1979, and subject to valid existing rights, no surface coal mining operations except those which exist on September 28, 1979, shall be permitted:

(1)On any lands within the boundaries of units of the National Park System, the National Wildlife Refuge Systems, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act and National Recreation Areas designated by Act of Congress;

(2)On any federal lands within the boundaries of any national forest unless permitted by the United States Secretary of the Interior;

(3)Which will adversely affect any publicly owned park or places included in the National Register of Historic Sites unless approved jointly by the commission and the federal, state, or local agency with jurisdiction over the park or the historic site;

(4)Within one hundred feet of the outside right-of-way line of any public road, except where mine access roads or haulage roads join such right-of-way line and except that the commission may permit such roads to be relocated or the area affected to lie within one hundred feet of such road, if after public notice and opportunity for public hearing in the locality a written finding is made that the interests of the public and the landowners affected thereby will be protected; or

(5)Within three hundred feet from any occupied dwelling, unless waived by the owner thereof, nor within three hundred feet of any public building, school, church, community, or institutional building, public park, or within one hundred feet of a cemetery.

(L. 1979 H.B. 459)

444.980 - Appeal of permit decision, procedure.

Whenever a surface coal mining operation permit provided under section 444.815 or a coal exploration operation permit provided under section 444.845 is issued, denied, suspended, or revoked by the department of natural resources, any aggrieved person, by petition filed with the administrative hearing commission within thirty days of the decision, may appeal such decision as provided by sections 621.250 and 640.013.For purposes of an appeal, the administrative hearing commission may consider, based on competent and substantial scientific evidence on the record, whether an interested party's health, safety, or livelihood will be unduly impaired by the issuance, denial, suspension, or revocation of the permit.The administrative hearing commission may also consider, based on competent and substantial scientific evidence on the record, whether the operator has demonstrated, during the five-year period immediately preceding the date of the permit application, a pattern of noncompliance at other locations in Missouri that suggests a reasonable likelihood of future acts of noncompliance.In determining whether a reasonable likelihood of noncompliance will exist in the future, the administrative hearing commission may look to past acts of noncompliance in Missouri, but only to the extent they suggest a reasonable likelihood of future acts of noncompliance.Such past acts of noncompliance in Missouri, in and of themselves, are an insufficient basis to suggest a reasonable likelihood of future acts of noncompliance.In addition, such past acts shall not be used as a basis to suggest a reasonable likelihood of future acts of noncompliance unless the noncompliance has caused or has the potential to cause a risk to human health or to the environment, or has caused or has potential to cause pollution, or was knowingly committed, or is defined by the United States Environmental Protection Agency as other than minor.If a hearing petitioner demonstrates or the administrative hearing commission finds either present acts of noncompliance or a reasonable likelihood that the permit seeker or the operations of associated persons or corporations in Missouri will be in noncompliance in the future, such a showing will satisfy the noncompliance requirement in this section*.In addition, such basis must be developed by multiple noncompliances of any environmental law administered by the Missouri department of natural resources at any single facility in Missouri that resulted in harm to the environment or impaired the health, safety, or livelihood of persons outside the facility.For any permit seeker that has not been in business in Missouri for the past five years, the administrative hearing commission may review the record of noncompliance in any state where the applicant has conducted business during the past five years.Once the administrative hearing commission has reviewed the appeal, the administrative hearing commission shall issue a recommended decision to the commission on permit issuance, denial, suspension, or revocation.The commission shall issue its own decision, based on the appeal, for permit issuance, denial, suspension, or revocation.If the commission changes a finding of fact or conclusion of law made by the administrative hearing commission, or modifies or vacates the decision recommended by the administrative hearing commission, it shall issue its own decision, which shall include findings of fact and conclusions of law.The commission shall mail copies of its final decision to the parties to the appeal or their counsel of record.The commission's decision shall be subject to judicial review pursuant to chapter 536, except that the court of appeals district with territorial jurisdiction coextensive with the county where the mine is located or is to be located shall have original jurisdiction.No judicial review shall be available until and unless all administrative remedies are exhausted.

(L. 2015 H.B. 92)

*Word "subsection" appears in original rolls.

444.880 - Actions to compel compliance, limitation — costs of litigation — actions for damages.

1.Except as provided in subsection 2 of this section, any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this law:

(1)Against any governmental instrumentality or agency to the extent permitted by the United States or Missouri constitution which is alleged to be in violation of the provisions of this law or of any rule, regulation, order or permit issued pursuant thereto, or against any other person who is alleged to be in violation of this law, or of any rule, regulation, order or permit; or

(2)Against the commission where there is alleged a failure of the commission to perform any act or duty under this law which is not discretionary.

2.No action may be commenced:

(1)Under subdivision (1) of subsection 1 of this section:

(a)Prior to sixty days after the plaintiff has given notice in writing of the violation to the commission and to any alleged violator; or

(b)If the commission has commenced and is diligently prosecuting a civil action to require compliance with the provisions of this law or any rule, regulation, order, or permit, but in any such action any person may intervene as a matter of right; or

(2)Under subdivision (2) of subsection 1 of this section prior to sixty days after the plaintiff has given notice in writing of such action to the commission except that such action may be brought immediately after such notification in the case where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.

3.(1)Any action pursuant to subdivision (1) of subsection 1 may be brought only in the county in which the surface coal mining operation complained of is located.

(2)In such action the commission, if not a party, may intervene as a matter of right.

4.The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.

5.Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute, or common law to seek enforcement of any of the provisions of this law and the regulations thereunder, or to seek any other relief (including relief against the commission).

6.Any person who is injured in his person or property through the violation by any operator of this law or any rule, regulation, order, or permit issued pursuant to this law may bring an action for damages (including reasonable attorney and expert witness fees), but only in the county in which the surface coal mining operation complained of is located.Nothing in this subsection shall affect the rights established by or limits imposed under the state's workers' compensation law.

(L. 1979 H.B. 459)

444.788 - Civil action.

In the event the commission determines that any provisions of sections 444.760 to 444.790, rules and regulations promulgated thereunder, permits issued, conditions of the bond, or any final order or determination made by the commission or the director is being violated, the commission may, either after judicial review or simultaneously with judicial review, cause to have instituted a civil action, either in the county where the violation occurs or in Cole County, for injunctive relief, for collection of the civil penalty and for forfeiture of bond.The attorney general shall bring such action, at the request of the commission, in the name of the state of Missouri.

(L. 1990 H.B. 1584, A.L. 2001 H.B. 453)

444.580 - Annual permit, how amended.

1.An operator desiring to have his permit amended to cover additional land may file an amended application with the commission.Upon receipt of the amended application, and such additional fee and bond as may be required under the provisions of sections 444.500 to 444.755, the commission shall issue an amendment to the original permit covering the additional land described in the amended application, if the operator meets the requirements of this law and the rules and regulations of the commission.

2.An operator may withdraw any land covered by a permit, except affected land, by notifying the commission thereof, in which case the penalty of the bond or security filed by the operator pursuant to the provisions of sections 444.500 to 444.755 shall be reduced proportionately.

(L. 1971 S.B. 1 §§ 9, 10)

444.767 - Powers of commission — rules, procedure, review.

The commission may:

(1)Adopt and promulgate rules and regulations pursuant to section 444.530 and chapter 536 respecting the administration of sections 444.760 to 444.790 and in conformity therewith;

(2)Encourage and conduct investigation, research, experiments and demonstrations, and collect and disseminate information relating to strip mining and reclamation and conservation of lands and waters affected by strip mining;

(3)Examine and pass on all applications and plans and specifications submitted by the operator for the method of operation and for the reclamation and conservation of the area of land affected by the operation;

(4)Make investigations and inspections which are necessary to ensure compliance with the provisions of sections 444.760 to 444.790;

(5)Conduct hearings pursuant to sections 444.760 to 444.790 and may administer oaths or affirmations and subpoena witnesses to the inquiry;

(6)Order, after hearing, the revocation of any permit and to cease and desist operations for failure to comply with any of the provisions of sections 444.760 to 444.790 or any corrective order of the commission;

(7)Order forfeiture of any bond for failure to comply with any provisions of sections 444.760 to 444.790 or any corrective order of the commission or other order of the commission;

(8)Cause to be instituted in any court of competent jurisdiction legal proceedings for injunction or other appropriate relief to enforce the provisions of sections 444.760 to 444.790 and any order of the commission promulgated thereunder;

(9)Retain, employ, provide for, and compensate, within the limits of appropriations made for that purpose, such consultants, assistants, deputies, clerks, and other employees on a full- or part-time basis as may be necessary to carry out the provisions of sections 444.760 to 444.790 and prescribe the times at which they shall be appointed and their powers and duties;

(10)Study and develop plans for the reclamation of lands that have been strip mined prior to September 28, 1971;

(11)Accept, receive and administer grants or other funds or gifts from public and private agencies and individuals, including the federal government, for the purpose of carrying out any of the functions of sections 444.760 to 444.790, including the reclamation of lands strip mined prior to August 28, 1990.The commission may promulgate such rules and regulations or enter into such contracts as it may deem necessary for carrying out the provisions of this subdivision;

(12)Budget and receive duly appropriated moneys for expenditures to carry out the provisions and purposes of sections 444.760 to 444.790;

(13)Prepare and file a biennial report with the governor and members of the general assembly;

(14)Order, after hearing, an operator to adopt such corrective measures as are necessary to comply with the provisions of sections 444.760 to 444.790.

(L. 1971 H.B. 519 § 4, A.L. 1990 H.B. 1584, A.L. 1993 S.B. 52, A.L. 2001 H.B. 453)

444.680 - Injunction, when — violation, procedure — hearing.

1.The commission shall cause investigations to be made of all strip mining operations in the state of Missouri.If the investigation shows that strip mining is being or is going to be conducted without a permit in violation of this law or in violation of any revocation order, the commission shall request the attorney general to file suit in the name of the state of Missouri for injunction and civil penalties not to exceed one thousand dollars per day for each day, or part thereof, the violation has occurred and continues to occur as the court may deem proper.Suit may be filed either in the county where the violation occurs or in Cole County.

2.If the investigation shows that a strip mining operation for which a permit has been issued is being conducted contrary to or in violation of any provision of sections 444.500 to 444.755 or any rule or regulation promulgated by the commission or any condition imposed on the permit or any condition of the bond, the director may by conference, conciliation and persuasion endeavor to eliminate the violation.If the violation is not eliminated or the director determines that conference, conciliation and persuasion will not be effective, the director shall file a formal complaint with the commission for suspension or revocation of the permit or for appropriate corrective measures, and for forfeiture of bond.When the director files a formal complaint, the commission shall order a hearing and cause to have issued and served upon the person complained against a written notice together with a copy of the formal complaint, which shall specify the provision of sections 444.500 to 444.755 or the rule or regulation or the condition of the permit or of the bond of which the person is alleged to be in violation, and a statement of the manner in, and the extent to which, the person is alleged to be in violation.The person complained against may appear and answer the charges of the formal complaint at a hearing before the commission at a time not less than ten days after the date of notice.

3.When the commission schedules a matter for hearing, the respondent to a formal complaint may appear at the hearing in person or by counsel, and may make oral argument, introduce testimony and evidence, and cross-examine witnesses.

4.After due consideration of the record, or upon default in appearance of the respondent on the return day specified in the notice given as provided in subsection 2 of this section, the commission shall issue and enter such final order, or make such final determination as it shall deem appropriate under the circumstances, and it shall immediately notify the respondent thereof in writing by certified mail.

5.Any final order or determination or other final action by the commission shall be approved in writing by at least four members of the commission.The commission shall not issue any permits to any person who has had a permit revoked until the violation that caused the revocation is corrected to the satisfaction of the commission.

(L. 1971 S.B. 1 § 21)

444.380 - Rules, authority, promulgation, procedure.

The director may adopt and promulgate reasonable rules and regulations to implement sections 444.352 to 444.380.No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1989 H.B. 321 § 14, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

444.784 - Commission rules and regulations authorized — delegation of authority — forfeiture funds, where expended.

The commission may adopt and promulgate reasonable rules and regulations respecting the administration of sections 444.760 to 444.790.Any act authorized to be done by the director may be performed by any employee of the commission when designated by the director.All forfeitures collected after January 1, 1972, as provided in sections 444.760 to 444.790, shall be expended to reclaim and rehabilitate land affected in accordance with the provisions of sections 444.760 to 444.790.Insofar as is reasonably practicable, the funds shall be expended upon the lands for which the permit was issued and for which the bond was given.

(L. 1971 H.B. 519 § 12, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453)

CROSS REFERENCE:

Rules, procedure for making and rescinding, Chap. 536

444.180 - Certain sections apply only to coal mining companies.

In no case shall sections 444.100 to 444.170 be so construed as to apply to persons, companies or corporations engaged in mining for lead, zinc or other ores or minerals, except coal.

(RSMo 1939 § 14802)

Prior revisions: 1929 § 13612; 1919 § 7455; 1909 § 8427

444.080 - Order to be read.

The surveyor shall, before entering upon said duty, read said order to the party or parties owning, controlling or working any shaft or shafts on said lot or lots or tract of land.

(RSMo 1939 § 14790)

Prior revisions: 1929 § 13600; 1919 § 7443; 1909 § 8415

444.810 - Powers of commission — abandoned mine reclamation fund created, purpose.

1.The commission may:

(1)Adopt and promulgate rules and regulations respecting the administration and enforcement of this law and in conformity therewith;

(2)Encourage and conduct investigations, research, experiments and demonstrations, and collect and disseminate information relating to surface coal mining and reclamation and conservation of lands and waters affected by surface coal mining;

(3)Examine and pass on all applications and plans and specifications submitted by the operator for the method of operation and for the reclamation and conservation of the area of land affected by the operation;

(4)Make investigations and inspections which are necessary to ensure compliance;

(5)Conduct hearings and administer oaths or affirmations and subpoena witnesses to the inquiry;

(6)Order the suspension or revocation of any permit, or the cessation of operations for failure to comply with any of the provisions of this law, rules and regulations, reclamation plans, permit conditions, or any order of the commission;

(7)Order forfeiture of any bond for failure to comply with any provisions of this law, rules or regulations, reclamation plans, permit conditions or any order of the commission;

(8)Cause to be instituted in any court of competent jurisdiction legal proceedings for injunction or other appropriate relief to enforce this law, rules and regulations, reclamation plans, permit conditions, or any order of the commission;

(9)Retain, employ, provide for, and compensate, within the limits of appropriations made for that purpose, such consultants, assistants, deputies, clerks, and other employees on full- or part-time basis as may be necessary to carry out the provisions of this law and prescribe the times at which they shall be appointed and their powers and duties; and when appropriate, contract for such professional or technical services as necessary;

(10)Study and develop plans for the reclamation of lands that have been mined prior to August 3, 1977, and those described in subsection 3 of section 444.915;

(11)Accept, receive and administer grants or other funds or gifts from public and private agencies and individuals, including the federal government, for the purpose of carrying out any of the functions of this law, including the reclamation of lands mined prior to August 3, 1977.Funds received by the commission for the purpose of reclaiming lands mined prior to August 3, 1977, shall be deposited with the state treasurer and credited to the "Abandoned Mine Reclamation Fund" which is hereby created.After appropriation by the general assembly, the money in this fund shall be expended for the purposes authorized.Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state.All income from such investments shall, unless otherwise prohibited by the constitution of this state, be deposited in the abandoned mine land reclamation fund.Any unexpended balance in such fund at the end of any appropriation period shall not be transferred to the general revenue fund of the state treasury and, accordingly, shall be exempt from the provisions of section 33.080.The commission may promulgate such rules and regulations or enter into such contracts as it may deem necessary for carrying out the provisions of this subdivision;

(12)Budget and receive duly appropriated moneys for expenditures to carry out the provisions and purposes of this law;

(13)Prepare and file a biennial report with the governor and members of the general assembly;

(14)Enter into cooperative agreements with the appropriate federal officer or agency to provide for state regulation of surface coal mining and reclamation operations on federal lands within the state.

2.No rule or portion of a rule promulgated under the authority of sections 444.800 to 444.970 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1979 H.B. 459, A.L. 1983 S.B. 241, A.L. 1993 H.B. 312 & 257 merged with S.B. 52, A.L. 1995 S.B. 3)

444.510 - Definitions.

As used in sections 444.500 to 444.755, unless the context clearly indicates otherwise, the following words and terms mean:

(1)"Affected land", the pit area or area from which overburden has been removed, or upon which overburden has been deposited;

(2)"Box cut", the first open cut in the mining of coal which results in the placing of overburden on the surface of the land adjacent to the initial pit and outside of the area of land to be mined;

(3)"Commission", the Missouri mining commission within the department of natural resources created by section 444.520;

(4)"Company owned land", land owned by the operator in fee simple;

(5)"Director", the staff director of the Missouri mining commission;

(6)"Gob", that portion of refuse consisting of waste coal or bony coal of relatively large size which is separated from the marketable coal in the cleaning process or solid refuse material, not readily waterborne or pumpable, without crushing;

(7)"Highwall", that side of the pit adjacent to unmined land;

(8)"Leased land", all affected land where the operator does not own the land in fee simple;

(9)"Operator", any person, firm or corporation engaged in or controlling a strip mining operation;

(10)"Overburden", as applied to the strip mining of coal, means all of the earth and other materials which lie above natural deposits of coal, and includes such earth and other materials disturbed from their natural state in the process of strip mining;

(11)"Owner", the owner of any right in the land other than the operator;

(12)"Peak", a projecting point of overburden created in the strip mining process or that portion of unmined land remaining within the pit;

(13)"Person", any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties;

(14)"Pit", the place where coal is being or has been mined by strip mining;

(15)"Refuse", all waste material directly connected with the cleaning and preparation of substances mined by strip mining;

(16)"Ridge", a lengthened elevation of overburden created in the strip mining process;

(17)"Strip mining", mining by removing the overburden lying above natural deposits of coal, and mining directly from the natural deposits thereby exposed, and includes mining of exposed natural deposits of coal over which no overburden lies; except that "strip mining" of coal shall only mean those activities exempted from the surface coal mining law, pursuant to subsection 6 of section 444.815.

(L. 1971 S.B. 1 § 1, A.L. 1976 S.B. 646, A.L. 1979 H.B. 459, A.L. 1990 H.B. 1584, A.L. 2014 S.B. 642)

444.410 - Members, interstate mining commission — appointment — compensation.

The governor shall appoint one member and one alternate member to represent Missouri's interests on the interstate mining commission.Such appointment shall be with the advice and consent of the senate, as provided in Section 51 of Article IV of the Constitution of Missouri.The state's member on the commission, or the alternate, shall be entitled to reimbursement for expenses necessarily incurred in the discharge of his official duties plus, if not an employee of the state, fifty dollars for each day devoted to the affairs of the commission.

(L. 1991 H.B. 108, A.L. 1995 H.B. 574)

444.610 - Reclamation and care requirements.

1.Every operator to whom a permit is issued pursuant to the provisions of sections 444.500 to 444.755 may engage in strip mining upon the lands described in the permit upon the performance of and subject to the following requirements with respect to such lands:

(1)All ridges and peaks of overburden created by strip mining, except areas where lakes may be formed under subdivision (5) of subsection 1 of this section, or where washing, cleaning or retaining ponds and reservoirs may be formed under subdivision (2) of subsection 1 of this section, shall be graded to a rolling topography traversable by farm machinery, but such slopes need not be reduced to less than the original grade of that area prior to mining, and the slope of the ridge of overburden resulting from a box cut need not be reduced to less than twenty-five degrees from horizontal whenever the same cannot be practically incorporated into the land reclaimed for wildlife purposes under subdivision (2) of subsection 1 of this section.In strip mining all debris, trees, wood, logs, stones, rocks, coal, particles of coal, sandstone, or any other material or substance removed from the surface prior to mining or from the pit area during mining shall be finally disposed of to the satisfaction of the commission before the bond or any portion thereof be released.

(2)In strip mining coal, the operator may set aside reasonable areas for the construction of ponds and reservoirs to be used during the mining operation for washing, cleaning, milling or otherwise preparing the product which need not be graded to a rolling topography.Such areas shall be constructed so that the dams, dikes and retaining structures shall be secure from washouts, erosion and structural failures and shall prevent the siltation of lands and waters below them, the pollution of the air by solid wastes, or the creation of a health or sanitation hazard or nuisance.Other than planned water impoundments, there shall be no depressions to accumulate water but lateral drainage ditches connecting to natural or constructed waterways shall be constructed whenever directed by the commission.As a means of controlling damaging runoff, the commission may require the operator to construct terraces or use such other measures and techniques as are necessary to control soil erosion and siltation on reclaimed land.

(3)Up to and including twenty-five percent of the total acreage to be reclaimed each year need not be graded to a rolling topography except that all peaks and ridges shall be leveled off to a minimum width of thirty feet, if the land is reclaimed for wildlife purposes as required by the commission.

(4)The commission shall not approve the application for a permit to conduct strip mining where such mining would endanger a residence, public building, school, church, cemetery, commercial or residential building, stream, lake, public road or other property.In the case of strip mining operations which remove and do not replace lateral support, unless mutually agreed upon by the operator and the adjacent property owner, the top of the consolidated material of the last open cut adjacent to the property line of other property not owned or leased by the operator shall, at the time mining is completed, not be closer to such other property line than a distance of twenty-five feet plus one and one-half times the depth of such cut as measured from original ground surface to the top of consolidated material."Consolidated material" consists of materials of sufficient hardness or ability to resist weathering and to inhibit erosion or sloughing.

(5)The operator may construct earth dams to form lakes in pits resulting from the final cut in a mining area; except that, the formation of the lakes shall not interfere with underground or other mining operations or damage adjoining property and shall comply with the requirements of subdivision (6) of subsection 1 of this section.

(6)The operator shall cover the exposed face of a mineral seam where acid forming materials are present, to a depth of not less than two feet with earth that will support plant life or with a permanent water impoundment, terraced or otherwise so constructed as to prevent a constant inflow of water from any stream and to prevent surface water from flowing into such impoundment, in such amounts as will cause runoff or spillage from said impoundment, in a volume which will cause kills of fish or animals downstream.Gob shall be covered to a depth of not less than two feet with earth or spoil material capable of supporting plant life.

(7)The operator shall reclaim all affected lands except as otherwise provided in sections 444.500 to 444.755.The operator shall determine on company-owned land which parts of the affected land shall be reclaimed for forest, pasture, crop, horticultural, homesite, recreational, industrial or other use including food, shelter, and ground cover for wildlife, and shall show same by appropriate designation on the map filed pursuant to section 444.550.Where forest planting is shown on the map, the operator may elect whether the forest is to be hardwood or conifers, or both, and whether its future use is to be for lumber, pulpwood or some other purpose.

(8)The operator, with the approval of the commission, shall sow, set out or plant upon the affected land described in the map, filed pursuant to section 444.550, seeds, plants, cuttings of trees, shrubs, grasses or legumes.The plantings or seedlings shall be appropriate to the type of reclamation designated by the operator on company-owned land and with the consent of the owner on leased land and shall be based upon the recommendations of technically trained foresters and agronomists.

(9)Such other requirements as the commission may prescribe by rule or regulation to conform with the purposes and requirements of sections 444.500 to 444.755.

2.An operator shall commence the reclamation of the area of land affected by its operation as soon as possible after the beginning of strip mining of that area in accordance with the plan of reclamation required by sections 444.500 to 444.755, the rules and regulations of the commission, the conditions of the permit, and shall complete grading within twelve months after the expiration date of the permit.The seeding and planting of supporting vegetation shall be completed within twenty-four months after the expiration date of the permit with survival of such supporting vegetation by the second growing season.

(L. 1971 S.B. 1 § 14, A.L. 1976 S.B. 646, A.L. 1990 H.B. 1584)

444.710 - Injunction and forfeiture of bond, when — attorney general to act.

In the event the commission determines that any provisions of sections 444.500 to 444.755, rules and regulations promulgated hereunder, permits issued, conditions of the bond, or any final order or determination made by the commission or the director is being violated, the commission may, either after judicial review or simultaneous with judicial review, cause to have instituted a civil action in any court of competent jurisdiction for injunctive relief and for forfeiture of bond.The attorney general shall bring such action, at the request of the commission, in the name of the state of Missouri.

(L. 1971 S.B. 1 § 24)

444.845 - Coal exploration permit required — contents of application — bond required — confidential items — limitation on removal of coal — sections 444.800 to 444.940 applicable to coal exploration rules and regulations.

1.All persons conducting coal exploration operations must obtain a permit and those operations which substantially disturb the natural land surface must be conducted in accordance with exploration regulations adopted by the commission.The permit application shall include, at a minimum, a description of the exploration area and the period of supposed exploration and provisions for reclamation in accordance with the performance standards in section 444.855 of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment; and shall be accompanied by a bond pursuant to section 444.830, except that the minimum bond shall be one thousand dollars.

2.Information submitted pursuant to this subsection 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.

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 section 444.870.

4.No operator shall remove more than two hundred and fifty tons of coal pursuant to an exploration permit without the specific written approval of the commission.

5.The provisions of this law are applicable to coal exploration operations with such modifications to the permit application requirements, permit approval or denial procedures, bond requirements and other appropriate requirements as are necessary to accommodate the distinct differences for coal exploration operations.The commission shall promulgate rules and regulations setting forth such modifications.

(L. 1979 H.B. 459)

444.010 - Mineral land owner to post conditions under which mining operations may be conducted thereon.

1.When any person owning real estate in this state, or any person having a leasehold interest in such real estate for mining purposes by lease from the owner thereof, duly acknowledged and recorded in the county wherein the land lies, shall permit any person or persons, other than their servants, agents or employees, to enter and dig or mine thereon for lead, ore or other minerals, with the consent of such owner or owners or lessee, he or they shall keep a printed statement of the terms, conditions and requirements upon which such lands may be mined or prospected, and the time during which the right to mine or prospect thereunder shall continue, posted or hung up in a conspicuous place, in plain, legible characters, in the principal office or place of business of such person or company in the county in which said lands are situated, or in a county contiguous thereto, and shall deliver to any person mining or prospecting, or about to mine or prospect on said lands, and requesting it, a printed copy of such statement.

2.All persons digging or mining on said lands, after the posting up of such statement, shall be deemed to have agreed to and accepted the terms thereof, and shall, together with such owner or lessee, be bound thereby, and upon failure or refusal to comply with the terms, conditions and requirements of such statement, he or they shall forfeit all right thereunder, and the owner or lessee, as aforesaid, of such lands, may reenter thereon and take possession of the same, nor shall the receipt of any ore or mineral by any such owner or lessee, after any such forfeiture has been incurred, be deemed or taken as a waiver of such forfeiture.

(RSMo 1939 § 14783)

Prior revisions: 1929 § 13593; 1919 § 7436; 1909 § 8408

444.110 - Notice of intention to mine — publication required.

1.Every person, company or corporation desiring to carry on any of the mining operations provided for in section 444.100 shall give at least thirty days' notice of such intention by notice printed and published in some newspaper printed in such town, city or village wherein such mining operations are proposed to be carried on, or if no newspaper be printed in such city, town or village, then in some newspaper printed in said county, or if no newspaper be printed in such county, then by written or printed handbills posted up in six public places in the city, town or village wherein such mining operations are proposed to be carried on.

2.Such notice shall contain an accurate description of the locality where such mining operations are to be carried on, giving the number of lot and block, and shall also state the nature of such mining operations, and name some day the circuit court in said county is in session when such person, company or corporation will offer for filing and approval the indemnity bond provided for in this chapter.

(RSMo 1939 § 14795, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 13605; 1919 § 7448; 1909 § 8420

Effective 1-02-79

444.400 - Mining compact — purpose, definitions — commission, budget, powers and programs — construction.

The "Interstate Mining Compact"* is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:

THE INTERSTATE MINING COMPACT

ARTICLE I.Policies and Purposes

There is created the "Interstate Mining Compact".

a.The party States find that:

1.Mining and the contributions thereof to the economy and well-being of every State are of basic significance.

2.The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public.

3.Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly and the devising of means to deal with them are of both public and private concern.

4.Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land, or the development of mineral and other natural resources, but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from State to State for all mining operation similarly situated.

5.The States are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions.

b.The purposes of this compact are to:

1.Advance the protection and restoration of land, water and other resources affected by mining.

2.Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining.

3.Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party States which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated.

4.Assist the party States in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources.

5.Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining.

ARTICLE II.Definitions

As used in this compact, unless the context clearly requires a different construction:

a."Mining" means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter, any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location, and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but shall not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on site farming or construction.

b."State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a Territory or Possession of the United States.

ARTICLE III.The Commission

a.There is created the "Interstate Mining Commission".The Commission consists of one voting member from each State.The Governor of each party state shall notify the Commission in writing of the member and any alternates.An alternate, may act on behalf of the member only in the member's absence.The method for selection and the expenses of each Commission member shall be the responsibility of the member's respective State.

b.Each commission member is entitled to one vote.No action of the Commission is binding unless a majority of the total membership cast their votes in the affirmative.

c.The commission shall elect annually from among its members a chairperson.The commission shall adopt and publish, in convenient form, bylaws, and policies which are not inconsistent with this compact, including procedures in regard to notice, conduct and recording of meetings; access by the public to records; provision of information to the public, conduct of adjudicatory hearings; and issuance of decisions.

d.The commission shall meet at least once annually and shall also meet upon the call of the chairperson or a commission member.

e.All meetings of the commission shall be open to the public with reasonable advance notice.The commission may, by majority vote, close a meeting to the public for the purpose of considering sensitive personnel or legal strategy matters, however, all commission actions and decisions shall be made in open meetings and appropriately recorded.

f.The commission may establish advisory committees for the purpose of advising the commission on any matters pertaining to mining.

g.The office of the commission shall be in a party state.The commission may appoint or contract for and compensate such limited staff necessary to carry out its duties and functions.The staff shall serve at the commission's pleasure with the exception that staff hired as the result of securing federal funds shall be hired and governed under applicable federal statutes and regulations.In selecting any staff, the commission shall assure that the staff has adequate experience and formal training to carry out the functions assigned to it by the commission.

h.The commission shall:

1.Receive and act on the petition of a non-party state to become an eligible state.

2.Submit an annual report to, and otherwise communicate with, the governors and the appropriate officers of the legislative bodies of the commission.

3.Hear, negotiate, and, as necessary, resolve by final decision disputes which may arise between the party states regarding this compact.

ARTICLE IV.Budget

1.The Commission shall submit to each party State a budget of its estimated expenditures for such period as may be required by the laws of that party State for presentation to the legislature thereof.

2.Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party States.The total amount of appropriations requested under any such budget shall be apportioned among the party States as follows: one-half in equal shares, and the remainder in proportion to the value of minerals, ores, and other solid matter mined.In determining such values, the Commission shall employ such available public source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party States.Each of the Commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of minerals, ores, and other solid matter mined.

3.The Commission shall keep accurate accounts of all receipts and disbursements.The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws.All receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.

4.The Commission may accept for any of its purposes and functions and may utilize and dispose of any donations, grants of money, equipment, supplies, materials and services from any state or the United States (or any subdivision or agency thereof), or interstate agency, or from any institution, person, firm or corporation.The nature, amount and condition, if any, attendant upon any donation or grant accepted or received by the commission together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the commission.

5.The Commission is a legal entity separate and distinct from the party states and is liable for its actions as a separate and distinct legal entity.Liabilities of the commission are not liabilities of the party state. Members of the commission are not personally liable for actions taken by them in their official capacity.

a.Except as provided under paragraph four, nothing in this compact alters liability for any act, omission, course of conduct or liability resulting from any casual or other relationships.

b.Any person aggrieved by a final decision of the commission may obtain judicial review of such decision in any court of jurisdiction by filing in such court a petition for review within sixty days after the commission's final decision.

ARTICLE V.Powers

a. In addition to any other powers conferred upon the Interstate Mining Commission, such Commission shall have power to:

1.Study mining operations, processes and techniques for the purpose of gaining knowledge concerning the effects of such operation, processes and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change.

2.Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining.

3.Make recommendations concerning any aspect or aspects of law or practice and governmental administration dealing with matters within the purview of this compact.

4.Gather and disseminate information relating to any of the matters within the purview of this compact.

5.Cooperate with the federal government and any public or private entities having interest in any subject coming within the purview of this compact.

6.Consult, upon the request of a party State and within resources available therefor, with the officials of such State in respect to any problem within the purview of this compact.

7.Study and make recommendations with respect to any practice, process, techniques, or course of action that may improve the efficiency of mining or the economic yield from mining operations.

8.Study and make recommendations relating to the safeguarding of access to resources which are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites.

ARTICLE VI.State Programs

a.Each party State agrees that within a reasonable time, it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the same in force, to accomplish:

1.The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations.

2.The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational or aesthetic value and utility of land and water.

3.The institution and maintenance of suitable programs of adaptation, restoration, and rehabilitation of mined lands.

4.The prevention, abatement and control of water, air and soil pollution resulting from mining, present, past and future.

ARTICLE VII.Entry Into Force and Withdrawal

a.This compact shall enter into force when enacted into law by any four or more States.Thereafter, this compact shall become effective as to any other State upon its enactment thereof.

b.Any party State may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the withdrawing party State has given notice in writing of the withdrawal to all other party States.No withdrawal shall affect any liability already incurred by or chargeable to a party State prior to the time of such withdrawal.

ARTICLE VIII.Effect On Other Laws

Nothing in this compact shall be construed to limit, repeal or supersede any other law of any party State.

ARTICLE IX.Severability and Construction

The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared by a court of competent jurisdiction to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.If any provision of this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.

(L. 1991 H.B. 108)

*This "Interstate Mining Compact" was created in April of 1971. Missouri is the 18th state to enter, effective 8-28-91. Other states involved include:

AlabamaOhio
ArkansasOklahoma
IllinoisPennsylvania
IndianaSouth Carolina
KentuckyTennessee
LouisianaTexas
MarylandVirginia
New MexicoWest Virginia
North Carolina

444.500 - Citation of law.

This law, sections 444.500 to 444.755, may be known and cited as the "Strip Mine Law".

(L. 1971 S.B. 1 § 2 subsec. 5, A.L. 1979 H.B. 459, A.L. 1990 H.B. 1584)

444.700 - Judicial review, when — additional evidence authorized.

1.All final decisions or orders of the commission shall be subject to judicial review as provided in chapter 536.No judicial review shall be available, however, until all administrative remedies are exhausted.

2.In any suit filed pursuant to section 536.050 concerning the validity of the commission's rules and regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such rules and regulations and may hear such additional evidence as it deems necessary.

(L. 1971 S.B. 1 § 23)

444.600 - Permit — investigation, decision, hearing, court review — appeals.

1.All applications for a permit shall be filed with the director who shall promptly investigate the application and make a decision within thirty days after the application is received as to whether the permit should be issued or denied.If the director is not satisfied with the information supplied by the applicant, he or she shall recommend denial of the permit.The director shall promptly notify the applicant of this action and at the same time publish a notice of the decision in any newspaper with general circulation in the counties where the land is located, and shall send notice to those persons registered with the director pursuant to section 444.720.The director's decision shall be deemed to be the decision of the director of the department of natural resources and shall be subject to appeal to the administrative hearing commission as provided by sections 621.250 and 640.013.

2.Whenever a strip mine operator permit provided under section 444.540 is issued, denied, suspended, or revoked by the department of natural resources, any aggrieved person, by petition filed with the administrative hearing commission within thirty days of the decision, may appeal such decision as provided by sections 621.250 and 640.013.For purposes of an appeal, the administrative hearing commission may consider, based on competent and substantial scientific evidence on the record, whether an interested party's health, safety, or livelihood will be unduly impaired by the issuance, denial, suspension, or revocation of the permit.The administrative hearing commission may also consider, based on competent and substantial scientific evidence on the record, whether the operator has demonstrated, during the five-year period immediately preceding the date of the permit application, a pattern of noncompliance at other locations in Missouri that suggests a reasonable likelihood of future acts of noncompliance.In determining whether a reasonable likelihood of noncompliance will exist in the future, the administrative hearing commission may look to past acts of noncompliance in Missouri, but only to the extent they suggest a reasonable likelihood of future acts of noncompliance.Such past acts of noncompliance in Missouri, in and of themselves, are an insufficient basis to suggest a reasonable likelihood of future acts of noncompliance.In addition, such past acts shall not be used as a basis to suggest a reasonable likelihood of future acts of noncompliance unless the noncompliance has caused or has the potential to cause a risk to human health or to the environment, or has caused or has potential to cause pollution, or was knowingly committed, or is defined by the United States Environmental Protection Agency as other than minor.If a hearing petitioner demonstrates or the administrative hearing commission finds either present acts of noncompliance or a reasonable likelihood that the permit seeker or the operations of associated persons or corporations in Missouri will be in noncompliance in the future, such a showing will satisfy the noncompliance requirement in this subsection.In addition, such basis must be developed by multiple noncompliances of any environmental law administered by the Missouri department of natural resources at any single facility in Missouri that resulted in harm to the environment or impaired the health, safety, or livelihood of persons outside the facility.For any permit seeker that has not been in business in Missouri for the past five years, the administrative hearing commission may review the record of noncompliance in any state where the applicant has conducted business during the past five years.Once the administrative hearing commission has reviewed the appeal, the administrative hearing commission shall issue a recommended decision to the commission on permit issuance, denial, suspension, or revocation.The commission shall issue its own decision, based on the appeal, for permit issuance, denial, suspension, or revocation.If the commission changes a finding of fact or conclusion of law made by the administrative hearing commission, or modifies or vacates the decision recommended by the administrative hearing commission, it shall issue its own decision, which shall include findings of fact and conclusions of law.The commission shall mail copies of its final decision to the parties to the appeal or their counsel of record.The commission's decision shall be subject to judicial review pursuant to chapter 536, except that the court of appeals district with territorial jurisdiction coextensive with the county where the mine is located or is to be located shall have original jurisdiction.No judicial review shall be available until and unless all administrative remedies are exhausted.

(L. 1971 S.B. 1 § 13, A.L. 2015 H.B. 92)

444.855 - Performance standards to be met in surface mining operations — explosives — reclamation efforts.

1.Any permit issued to conduct surface coal mining operations shall require that such surface coal mining operations will meet all applicable performance standards of this law, and such other requirements as the commission shall promulgate.

2.General performance standards shall be applicable to all surface coal mining and reclamation operations and shall require the operation as a minimum to:

(1)Conduct surface coal mining operations so as to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future through surface coal mining can be minimized;

(2)Restore the land affected to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution, and the permit applicants' declared proposed land use following reclamation is not deemed to be impractical or unreasonable, inconsistent with applicable land use policies and plans, does not involve unreasonable delay in implementation, and is not violative of federal, state, or local law;

(3)Except as provided in subsection 3, with respect to all surface coal mining operations backfill, compact (where advisable to insure stability or to prevent leaching of toxic materials), and grade in order to restore the approximate original contour of the land with all highwalls, spoil piles, and depressions eliminated (unless small depressions are needed in order to retain moisture to assist revegetation or as otherwise authorized pursuant to this law); provided, however, that in surface coal mining which is carried out at the same location over a substantial period of time where the operation transects the coal deposit, and the thickness of the coal deposits relative to the volume of the overburden is large and where the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area is insufficient, giving due consideration to volumetric expansion, to restore the approximate original contour, the operator, at a minimum, shall backfill, grade, and compact (where advisable) using all available overburden and other spoil and waste materials to attain the lowest practicable grade but not more than the angle of repose, to provide adequate drainage and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region; and provided further, that in surface coal mining where the volume of overburden is large relative to the thickness of the coal deposit and where the operator demonstrates that due to volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour, the operator shall after restoring the approximate contour, backfill, grade, and compact (where advisable) the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose, and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region and that such overburden or spoil shall be shaped and graded in such a way as to prevent slides, erosion, and water pollution and is revegetated in accordance with the requirements of this law;

(4)Stabilize and protect all surface areas including spoil piles affected by the surface coal mining and reclamation operation to effectively control erosion and attendant air and water pollution;

(5)Remove the topsoil from the land in a separate layer, replace it on the backfill area, or if not utilized immediately, segregate it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick growing plant or other means thereafter so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation, except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then the operator shall remove, segregate, and preserve in a like manner such other strata which is best able to support vegetation;

(6)Restore the topsoil or the best available subsoil which is best able to support vegetation;

(7)For all prime farmlands as identified in subdivision (16) of subsection 2 of section 444.820 to be mined and reclaimed, specifications for soil removal, storage, replacement, and reconstruction shall be established by the commission and the operator shall, as a minimum, be required to:

(a)Segregate the A horizon of the natural soil, except where it can be shown that other available soil materials will create a final soil having a greater productive capacity; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material;

(b)Segregate the B horizon of the natural soil, or underlying C horizons or other strata, or a combination of such horizons or other strata that are shown to be both texturally and chemically suitable for plant growth and that can be shown to be equally or more favorable for plant growth than the B horizon, in sufficient quantities to create in the regraded final soil a root zone of comparable depth and quality to that which existed in the natural soil; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic material;

(c)Replace and regrade the root zone material described in (b) above with proper compaction and uniform depth over the regraded spoil material; and

(d)Redistribute and grade in a uniform manner the surface soil horizon described in (a);

(8)Create, if authorized in the approved mining and reclamation plan and permit, permanent impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated that:

(a)The size of the impoundment is adequate for its intended purposes;

(b)The impoundment dam construction will be so designed as to achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under Public Law 83-566 (16 U.S.C. 1006);

(c)The quality of impounded water will be suitable on a permanent basis for its intended use and that discharges from the impoundment will not degrade the water quality below water quality standards established pursuant to applicable federal and state law in the receiving stream;

(d)The level of water will be reasonably stable;

(e)Final grading will provide adequate safety and access for proposed water uses; and

(f)Such water impoundments will not result in the diminution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic uses;

(9)Conducting any augering operation associated with surface mining in a manner to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete; and seal all auger holes with an impervious and noncombustible material in order to prevent drainage except where the commission determines that the resulting impoundment of water in such auger holes may create a hazard to the environment or the public health or safety; provided, that the commission may prohibit augering if necessary to maximize the utilization, recoverability or conservation of the solid fuel resources or to protect against adverse water quality impacts;

(10)Minimize the disturbances to the prevailing hydrologic balance at the mine-site and in associated offsite areas and to the quality and quantity of water in surface and ground water systems both during and after surface coal mining operations and during reclamation by:

(a)Avoiding acid or other toxic mine drainage by such measures as, but not limited to:

a.Preventing or removing water from contact with toxic producing deposits;

b.Treating drainage to reduce toxic content which adversely affects downstream water upon being released to watercourses;

c.Casing, sealing, or otherwise managing boreholes, shafts, and wells and keep acid or other toxic drainage from entering ground and surface waters;

(b)a.Conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow, or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal law;

b.Constructing any siltation structures pursuant to (b) (i) above prior to commencement of surface coal mining operations, such structures to be certified by a qualified registered professional engineer to be constructed as designed and as approved in the reclamation plan;

(c)Cleaning out and removing temporary or large settling ponds or other siltation structures from drainways after disturbed areas are revegetated and stabilized; and depositing the silt and debris at a site and in a manner approved by the commission;

(d)Restoring recharge capacity of the mined area to approximate premining conditions;

(e)Avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;

(f)Such other actions as the commission may prescribe;

(11)With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine working or excavations, stabilize all waste piles in designated areas through construction in compacted layers including the use of incombustible and impervious materials if necessary and assure the final contour of the waste pile will be compatible with natural surroundings and that the site can and will be stabilized and revegetated according to the provisions of this law;

(12)Refrain from surface coal mining within five hundred feet from active and abandoned underground mines in order to prevent breakthroughs and to protect health or safety of miners; provided, that the commission shall permit an operator to mine near, through or partially through an abandoned underground mine or closer to an active underground mine if the nature, timing, and sequencing of the approximate coincidence of specific surface mine activities with specific underground mine activities are jointly approved by the regulatory authorities concerned with surface mine regulation and the health and safety of underground miners, and such operations will result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public;

(13)Design, locate, construct, operate, maintain, enlarge, modify, and remove or abandon all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used either temporarily or permanently as dams or embankments.The commission shall promulgate standards and criteria regulating the design, location, construction, operation, maintenance, enlargement, modification, removal, and abandonment of new and existing coal mine waste piles referred to herein and in subdivision (5) of subsection 2 of section 444.860.Such standards and criteria shall conform to the standards and criteria used by the United States Chief of Engineers to insure that flood control structures are safe and effectively perform their intended function.In addition to engineering and other technical specifications, the standards and criteria must include provisions for: review and approval of plans and specifications prior to construction, enlargement, modification, removal, or abandonment; performance of periodic inspections during construction; performance of periodic safety inspections; and issuance of notices for required remedial or maintenance work;

(14)Insure that all debris, acid-forming materials, toxic materials, or materials constituting a fire hazard are treated or buried and compacted or otherwise disposed of in a manner designed to prevent contamination of ground or surface waters and that contingency plans are developed to prevent sustained combustion;

(15)Insure that explosives are used only in accordance with existing state and federal law and the regulations promulgated by the commission which shall include provisions to:

(a)Provide adequate advance written notice to local governments and residents who might be affected by the use of such explosives by publication of the planned blasting schedule in a newspaper of general circulation in the locality and by mailing a copy of the proposed blasting schedule to every resident living within one-half mile of the proposed blasting site and by providing daily notice to resident/occupiers in such areas prior to any blasting;

(b)Maintain for a period of at least three years and make available for public inspection upon request a log detailing the location of the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blasts;

(c)Limit the type of explosives and detonating equipment, the size, the timing and frequency of blasts based upon the physical conditions of the site so as to prevent

a.Injury to persons,

b.Damage to public and private property outside the permit area,

c.Adverse impacts on any underground mine, and

d.Change in the course, channel, or availability of ground or surface water outside the permit area;

(d)Require that all blasting operations be conducted by trained and competent persons as certified by the commission;

(e)Provide that upon the request of a resident or owner of a man-made dwelling or structure within one-half mile of any portion of the permitted area the applicant or permittee shall conduct a preblasting survey of such structures and submit the survey to the commission and a copy to the resident or owner making the request.The area of the survey shall be decided by the commission and shall include such provisions as the commission shall promulgate;

(16)Insure that all reclamation efforts proceed in an environmentally sound manner and as contemporaneously as practicable with the surface coal mining operations; provided, however, that where the applicant proposes to combine surface mining operations with underground mining operations to assure maximum practical recovery of the mineral resources, the commission may grant additional time for specific areas within the reclamation plan from the requirement that reclamation efforts proceed as contemporaneously as practicable to permit underground mining operations prior to reclamation:

(a)If the commission finds in writing that:

a.The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;

b.The proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple disturbance of the surface;

c.The applicant has satisfactorily demonstrated that the plan for the underground mining operations conforms to requirements for underground mining in the jurisdiction and that permits necessary for the underground mining operations have been issued by the appropriate authority;

d.The areas proposed have been shown by the applicant to be necessary for the implementing of the proposed underground mining operations;

e. No substantial adverse environmental damage, either on-site or offsite, will result from the delay in completion of reclamation as required by this law;

f.Provisions for the offsite storage of spoil will comply with subdivision (22) of subsection 2 of section 444.855;

(b)If the United States Secretary of the Interior has promulgated specific regulations to govern the granting of such additional time and the commission has imposed such additional requirements as it deems necessary;

(c)If additional time granted under the provisions of this subsection are to be reviewed by the commission not more than three years from the date of issuance of the permit; and

(d)If liability under the bond filed by the applicant with the commission pursuant to section 444.830 shall be for the duration of the underground mining operations and until the requirements of subsection 2 of section 444.855 and section 444.875 have been fully complied with;

(17)Insure that the construction, maintenance, and postmining conditions of access roads into and across the site of operations will control or prevent erosion and siltation, pollution of water, damage to fish or wildlife or their habitat, or public or private property;

(18)Refrain from the construction of roads or other access ways up a stream bed or drainage channel or in such proximity to such channel so as to seriously alter the normal flow of water;

(19)Establish on the regraded areas, and all other lands affected, a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except, that introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan;

(20)Assume the responsibility for successful revegetation, as required by subdivision (19) above, for a period of five full years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with subdivision (19) above, except in those areas where the annual average precipitation is twenty-six inches or less, then the operator's assumption of responsibility and liability will extend for a period of ten full years after the last year of augmented seeding, fertilizing, irrigation, or other work; provided, that when the commission approves a long-term intensive agricultural postmining land use, the applicable five-or ten-year period of responsibility for revegetation shall commence at the date of initial planting for such long-term intensive agricultural postmining land use; provided further, that when the commission issues a written finding approving a long-term, intensive, agricultural postmining land use as part of the mining and reclamation plan, the commission may grant exception to the provisions of subdivision (19) above;

(21)Protect offsite areas from slides or damage occurring during the surface coal mining and reclamation operations, and not deposit spoil material or locate any part of the operations or waste accumulations outside the permit area;

(22)Place all excess spoil material resulting from coal surface mining and reclamation activities in such a manner that:

(a)Spoil is transported and placed in a controlled manner in position for concurrent compaction and in such a way to assure mass stability and to prevent mass movement;

(b)The areas of disposal are within the bonded permit areas, and all organic matter shall be removed immediately prior to spoil placement;

(c)Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent spoil erosion and movement;

(d)The disposal area does not contain springs, natural watercourses or wet weather seeps unless lateral drains are constructed from the wet areas to the main underdrains in such a manner that filtration of the water into the spoil pile will be prevented;

(e)If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the commission, the spoil could be placed in compliance with all the requirements of this law and shall be placed, where possible, upon, or above, a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement;

(f)Where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is constructed;

(g)The final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses;

(h)Design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards; and

(i)All other provisions of this law are met;

(23)Meet such other criteria as are necessary to achieve reclamation in accordance with the purposes of this law, taking into consideration the physical, climatological, and other characteristics of the site;

(24)To the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable; and

(25)Provide for an undisturbed natural barrier beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as the commission shall determine shall be retained in place as a barrier to slides and erosion.

3.(1)Where an applicant meets the requirements of subdivisions (2) and (3) of this subsection a permit without regard to the requirement to restore to approximate original contour set forth in subdivision (3) of subsection 2 or subdivision (2) of subsection 4 and subdivision (3) of this section may be granted for the surface mining of coal where the mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill (except as provided in paragraph (a) of subdivision (3) hereof) by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining, and capable of supporting postmining uses in accord with the requirements of this subsection.

(2)In cases where an industrial, commercial, agricultural, residential or public facility (including recreational facilities) use is proposed for the postmining use of the affected land, a permit may be granted for a surface mining operation of the nature described in subdivision (1) where:

(a)After consultation with the appropriate land use planning agencies, if any, the proposed postmining land use is deemed to constitute an equal or better economic or public use of the affected land, as compared with premining use;

(b)The applicant presents specific plans for the proposed postmining land use and appropriate assurances that such use will be:

a.Compatible with adjacent land uses;

b.Obtainable according to data regarding expected need and market;

c.Assured of investment in necessary public facilities;

d.Supported by commitments from public agencies where appropriate;

e.Practicable with respect to private financial capability for completion of the proposed use;

f.Planned pursuant to a schedule attached to the reclamation plan so as to integrate the mining operation and reclamation with the postmining land use; and

g.Designed by a registered professional engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;

(c)The proposed use will be consistent with adjacent land uses, and existing state and local land use plans and programs;

(d)The commission provides the governing body of the county in which the land is located and any state or federal agency which the commission, in its discretion, determines to have an interest in the proposed use, an opportunity of not more than sixty days to review and comment on the proposed use;

(e)All other requirements of this law will be met.

(3)In granting any permit pursuant to this subsection the commission shall require that:

(a)The toe of the lowest coal seam and the overburden associated with it are retained in place as a barrier to slides and erosion;

(b)The reclaimed area is stable;

(c)The resulting plateau or rolling contour drains inward from the outslopes except at specified points;

(d)No damage will be done to natural watercourses;

(e)Spoil will be placed on the mountaintop bench as is necessary to achieve the planned postmining land use; provided, that all excess spoil material not retained on the mountaintop shall be placed in accordance with the provisions of subdivision (22) of subsection 2 of this section;

(f)Insure stability of the spoil retained on the mountaintop and meet the other requirements of this law.

(4)The commission shall promulgate specific regulations to govern the granting of permits in accord with the provisions of this subsection.

(5)All permits granted under the provisions of this subsection shall be reviewed not more than three years from the date of issuance of the permit, unless the applicant affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the approved schedule and reclamation plan.

4.The following performance standards shall be applicable to steep-slope surface coal mining and shall be in addition to those general performance standards required by this section; provided, however, that the provisions of this subsection 4 shall not apply to those situations in which an operator is mining on flat or gently rolling terrain, on which an occasional steep slope is encountered through which the mining operation is to proceed, leaving a plain or predominantly flat area or where an operator is in compliance with provisions of subsection 3 hereof:

(1)Insure that when performing surface coal mining on steep slopes, no debris, abandoned or disabled equipment, spoil material, or waste mineral matter is placed on the downslope below the bench or mining cut; provided, that spoil material in excess of that required for the reconstruction of the approximate original contour under the provisions of subdivision (3) of subsection 2 of section 444.855 or subdivision (2) of subsection 4 of section 444.855 shall be permanently stored pursuant to subdivision (22) of subsection 2 of section 444.855;

(2)Complete backfilling with spoil material shall be required to cover completely the highwall and return the site to the approximate original contour, which material will maintain stability following mining and reclamation;

(3)The operator may not disturb land above the top of the highwall unless the commission finds that such disturbance will facilitate compliance with the environmental protection standards of this section; provided, however, that the land disturbed above the highwall shall be limited to that amount necessary to facilitate said compliance;

(4)For the purposes of this subsection 4, the term "steep slope" is any slope above twenty degrees or such lesser slope as may be defined by the commission after consideration of soil, climate, and other characteristics of the area.

5.(1)Where an applicant meets the requirements and purposes of this subsection a permit without regard to the requirement to restore to approximate original contour may be granted for the surface mining of coal where the owner of the surface knowingly requests in writing, as a part of the permit application, that such a permit be granted so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public use (including recreational facilities) in accord with this subsection; provided, that the watershed control of the area is improved; and further provided, complete backfilling with spoil material shall be required to cover completely the highwall which material will maintain stability following mining and reclamation.

(2)Such permit may be granted only if:

(a)After consultation with the appropriate land use planning agencies, if any, the potential use of the affected land is deemed to constitute an equal or better economic or public use;

(b)Is designed and certified by a qualified registered professional engineer in conformance with professional standards established to assure the stability, drainage and configuration necessary for the intended use of the site; and

(c)After approval of the director of the department of natural resources, the watershed of the affected land is deemed to be improved.

(3)In granting a permit pursuant to this subsection the commission shall require that only such amount of spoil will be placed off the mine bench as is necessary to achieve the planned postmining land use, insure stability of the spoil retained on the bench, meet all other requirements of this law, and all spoil placement off the mine bench must comply with subdivision (22) of subsection 2 of section 444.855.

(4)The commission shall promulgate specific regulations to govern the granting of permits in accord with the provisions of this subsection.

(5)All permits granted under the provisions of this subsection shall be reviewed not more than three years from the date of issuance of the permit, unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan.

(L. 1979 H.B. 459)

444.955 - Revegetation of mined land, responsibility transfer, approval required.

With commission approval, a person other than the original permittee may assume responsibility for revegetating lands mined pursuant to sections 444.805 to 444.970*.The commission shall establish conditions of any such transfer of responsibility, which shall include the posting of a performance bond, to insure that the permittee's reclamation plan is satisfactorily completed.

(L. 1982 S.B. 737)

Effective 4-07-82

*Words "this act" appear in original rolls.

444.100 - Provisions for mining coal in certain cities.

No person, company or corporation shall hereafter sink a shaft, mine, tunnel, excavate or drift for coal, or take out any coal of any kind within the corporate limits or designated boundaries of any city, town or village in this state containing one thousand inhabitants or more, without having first applied and filed, and have approved, an indemnity bond as provided for in this chapter; and any person or persons violating the provisions of this section, and any member or stockholder or officer of any company or corporation who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not less than five hundred dollars, or imprisonment in the county jail for not less than six months, or by both such fine and imprisonment.

(RSMo 1939 § 14794)

Prior revisions: 1929 § 13604; 1919 § 7447; 1909 § 8419

444.355 - Director, powers.

The director shall have and exercise all powers provided in sections 444.352 to 444.380, including but not limited to the following:

(1)Ensure the coordination of existing environmental programs for the processing of the permit required by sections 444.352 to 444.380;

(2)Issue such permits, determinations and orders as authorized;

(3)Cause to be instituted in any court of competent jurisdiction legal proceedings for injunction and other appropriate relief to enforce sections 444.352 to 444.380;

(4)Exercise general supervision of the administration and enforcement of sections 444.352 to 444.380 and the rules promulgated pursuant thereto;

(5)Retain, employ, provide for and compensate, within appropriations available, such assistants, deputies, clerks and other employees, consultants and contractors necessary to carry out the provisions of sections 444.350 to 444.380;

(6)Apply for, accept, receive and administer grants or other funds or gifts from public and private organizations and agencies including the federal government for the purpose of carrying out any of the functions of sections 444.352 to 444.380;

(7)Budget, receive and disburse duly appropriated funds for expenditures to develop and implement the provisions of sections 444.350 to 444.380;

(8)Ensure that each operator obtains such necessary permit and meets the requirements of sections 444.352 to 444.380 and the rules promulgated thereunder for proper management of metallic minerals waste management areas;

(9)Make inspections and investigations, including gathering of samples and performing of tests and analyses, and to enter or authorize any representative of the department to enter, at all reasonable times, in or upon any private or public property.Such entry shall be solely for the purpose of issuing orders and permits, or for inspecting or investigating facilities, records, permits or management practices for violation of the program established by sections 444.352 to 444.380;

(10)Collect and maintain, and require any owner or operator to collect and maintain, records and information concerning metallic minerals waste management practices.

(L. 1989 H.B. 321 § 3)

444.900 - Judicial review.

All final decisions or orders of the commission shall be subject to judicial review as provided in chapter 536.No judicial review shall be available, however, until all administrative remedies are exhausted.The availability of such review shall not be construed to limit the operation of the rights established in section 444.880 except as provided therein.

(L. 1979 H.B. 459)

444.800 - Citation of law — legislative intent declared — rules and regulations authorized, procedure.

1.This law, sections 444.800 to 444.940, may be known and cited as the "Surface Coal Mining Law".

2.The general assembly finds and declares that:

(1)Extraction of coal from the earth can be accomplished by various methods of mining, including surface mining;

(2)Coal mining operations presently contribute significantly to the state's energy requirements;

(3)Many surface mining operations result in disturbances of surface areas that burden and adversely affect 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 the 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;

(4)The expansion of coal mining to meet energy needs 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; and

(5)Surface mining and reclamation technology are now developed so that effective and reasonable regulation of surface coal mining operations is an appropriate and necessary means to minimize so far as practicable the adverse social, economic, and environmental effects of such mining operations.

3.Therefore, it is the purpose of this law to:

(1)Provide such regulation and control of surface coal mining as to minimize or prevent its injurious effects on the people and resources of the state;

(2)Assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from such operations;

(3)Assure that surface coal mining operations are not conducted where reclamation is not feasible;

(4)Assure that surface coal mining operations are so conducted as to protect the environment;

(5)Assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations;

(6)Assure that the coal supply essential to the state's energy requirements, and to its economic and social well-being is provided and strike a balance between protection of the environment and agricultural productivity and the need for coal as an essential source of energy;

(7)Promote the reclamation of mined areas left without adequate reclamation prior to August 3, 1977, and which continue, in their unreclaimed condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public;

(8)Assure that appropriate procedures are provided for the public participation in the development, revision, and enforcement of regulations, standards, reclamation plans, or programs.

4.To that end, the commission is directed to rigidly enforce this law and to adopt whatever rules and regulations necessary to accomplish these purposes, but such rules and regulations shall be no more stringent than the comparable federal regulations promulgated by the Office of Surface Mining Reclamation and Enforcement under P.L. 95-87, the Federal Surface Coal Mining Control and Reclamation Act of 1977, unless it can be affirmatively shown that such more stringent rule or regulation is essential to the proper administration and enforcement of this law.

(L. 1979 H.B. 459, A.L. 1987 H.B. 669, A.L. 1995 S.B. 3)

444.755 - Repeal of existing law not intended.

No existing civil or criminal remedy for any wrongful action which is a violation of any part of sections 444.500 to 444.755 or any rule or regulation promulgated hereunder shall be excluded or impaired by sections 444.500 to 444.755.

(L. 1971 S.B. 1 § 28 subsec. 2)

444.720 - Rules and regulations, when effective — notice, hearing — variances authorized.

1.No rule or regulation or any amendment or repeal thereof adopted pursuant to sections 444.500 to 444.755 shall be adopted except after a public hearing to be held after thirty days' prior notice by advertisement in any two newspapers of general statewide circulation and any newspapers with general circulation in the counties with strip mining operations, of the date, time and place of hearing and opportunity given to the public to be heard.In addition, at least thirty days prior to the scheduled date of the hearing, notice shall be sent by mail to any person who has registered with the director at least forty-five days prior to the scheduled date of the hearing, for purposes of such hearings in accordance with procedures prescribed by the commission.

2.At the hearing, opportunity to be heard by the commission with respect to the subject thereof shall be afforded any interested person upon written request to the commission, addressed to the director, no later than seven days prior to the hearing, and may be afforded to other persons if convenient.In addition, any interested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views.The commission may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules or regulations.Any person heard or represented at the hearing or making written request for notice shall be given written notice of the action of the commission with respect to the subject thereof.

3.Any rule or regulation or amendment or repeal thereof shall not be deemed adopted or in force and effect until it has been approved in writing by at least four members of the commission.A rule or regulation or an amendment or repeal thereof shall not become effective until a certified copy thereof has been filed with the secretary of state as provided in chapter 536.

4.Any rule or regulation or any amendment or repeal thereof which is adopted by the commission may differ in its terms and provisions as between particular types of topography and areas of the state.

(L. 1971 S.B. 1 § 25)

CROSS REFERENCE:

Rules, procedure for making and rescinding, Chap. 536

444.620 - Time limits on reclamation practices.

In addition to completion of grading, grading shall be current and shall meet the following additional time limits:

(1)Grading shall be completed not more than one hundred eighty days after the final placing of the spoil ridges.When more than one seam is to be mined, this information shall be included in the application, and the commission may defer reclamation until all seams have been mined, if such additional time does not defeat the purposes of sections 444.500 to 444.755 and there is no danger from acid mine drainage.Grading of a spoil ridge that will have an adjacent spoil ridge placed against it shall be completed one hundred eighty days after the placing of such adjacent spoil ridge.When heavy rains or other conditions make grading impracticable, the one hundred eighty day period shall be extended by the length of time such grading is impracticable.

(2)With the approval of the commission, the operator may substitute for all or any part of the affected land to be reclaimed, an equal number of acres of land previously mined and not reclaimed.If any area is so substituted the operator shall submit a map of the substituted area, and this map shall conform to all requirements with respect to other maps required by section 444.550.The operator shall be relieved of all obligations under sections 444.500 to 444.755 with respect to the land for which substitution has been permitted.However, before the commission allows such substitution, the county commission in the county affected shall determine if the substitution is in the best interest of land usage and public interest.

(L. 1971 S.B. 1 § 15)

444.520 - Commission, membership, qualifications, terms, compensation, powers — department director, limitation on.

1.There is a Missouri mining commission whose domicile for administrative purposes is the department of natural resources.The commission shall consist of the following eight persons:the state geologist, the director of the department of conservation, the director of staff of the clean water commission, and five other persons selected from the general public who are residents of Missouri and who shall have an interest in and knowledge of conservation and land reclamation, and one of whom shall in addition have training and experience in surface mining, one of whom shall in addition have training and experience in subsurface mining, but not more than two can have a direct connection with the mining industry.The five members from the general public shall be appointed by the governor, by and with the advice and consent of the senate.No more than three of the appointed members shall belong to the same political party.The three members who serve on the commission by virtue of their office may designate a representative to attend any meetings in their place and exercise all their powers and duties.All necessary personnel required by the commission shall be selected, employed and discharged by the commission.The director of the department shall not have the authority to abolish positions.

2.The initial term of the appointed members shall be as follows: two members, each from a different political party, shall be appointed for a term of two years, and two members, each from a different political party, shall be appointed for a term of four years.The governor shall designate the term of office for each person appointed when making the initial appointment.The terms of their successors shall be for four years.There is no limitation on the number of terms any appointed member may serve.The terms of all members shall continue until their successors have been duly appointed and qualified.If a vacancy occurs in the appointed membership, the governor shall appoint a member for the remaining portion of the unexpired term created by the vacancy.The governor may remove any appointed member for cause.

3.All members of the commission shall serve without compensation for their duties, but shall be reimbursed for necessary travel and other expenses incurred in the performance of their official duties.

4.At the first meeting of the commission, which shall be called by the state geologist, and at yearly intervals thereafter, the members shall select from among themselves a chairman and a vice chairman.The members of the commission shall appoint a qualified director who shall be a full-time employee of the commission and who shall act as its administrative agent.The commission shall determine the compensation of the director to be payable from appropriations made for that purpose.

(L. 1971 S.B. 1 § 2, A.L. 1975 S.B. 143, A.L. 2014 S.B. 642)

CROSS REFERENCE:

Missouri Mining Commission (formerly the land reclamation commission) transferred to department of natural resources, 640.010

444.120 - Permit from mayor and council — petition to circuit court.

On the day mentioned in such notice, the persons, company or corporation proposing to carry on such mining operations must have a permit, in writing, signed by the mayor and a majority of the city council of the town, city, or village in which such mining is proposed, before a permit shall be granted by a circuit court, and shall present their petition to said circuit court, setting out the locality of the proposed mines and the nature and extent of the proposed mining operations, and shall also file with such petition the title papers of such person or company or corporation to the lands on which such mining operations are proposed to be carried on, showing either the fee simple title of such land in such company, or the right to mine beneath or in such land, and shall also contain the names of all persons to be offered as security upon the mining bond of such persons, company or corporation, and shall pray the court to fix and approve the mining bond of such persons or corporation.

(RSMo 1939 § 14796)

Prior revisions: 1929 § 13606; 1919 § 7449; 1909 § 8421

444.020 - Failure to post statement of conditions, effect — rights of miners.

1.Whenever any such owner or lessee of real estate shall permit any person or persons, other than their servants, agents, or employees, to enter and dig for lead ore or other minerals on such real estate, with his consent, but without such owner or lessee complying with the provisions of section 444.010, and such person or persons having so entered upon said lands by the permission or consent of such owner or lessee as aforesaid, and having in good faith dug or opened any shaft, mine, quarry, prospect or deposit of mineral, or extended or opened from any shaft or mine any room, drift, entry or other excavation, he or they shall have the exclusive right as against such owner or lessee giving such permit or consent, and against any person claiming by, through or under such owner or lessee, to continue to work, mine and dig such shaft, mine, prospect or deposit of mineral so dug or opened by him or them as aforesaid, in said real estate, with a right-of-way over such lands for the purpose of such mining, for the term of three years from the date of the giving of such consent or permit; provided, however, that if such person or persons, in each case so mining as aforesaid, shall fail or neglect to work or cause to be worked such shaft, mine, quarry, prospect or deposit of mineral for ten days, not including Sundays, in any one calendar month, after commencing said work, he or they shall forfeit all rights to work, mine or hold the same as against such owner or lessee, unless such failure or neglect was caused by unavoidable circumstances, or by the act of such owner or lessee or his agent, or unless such owner or lessee consent thereto; provided further, that such person or persons, so mining as aforesaid, shall pay to the owner or lessee of said lands giving such permit or consent the royalty for mining thereon, at least once every month, if demanded by such owner or lessee, by delivering the same to him at or near the mouth or opening of such mine, shaft or quarry, or at the nearest usual place of business of such owner or lessee, or at any other place that may be agreed upon by such miner and owner or lessee; which said royalty, unless otherwise agreed upon by them, shall be the same in kind and proportionate amount as is paid by others mining the same kind of ore or mineral on said lands to such owner or lessee, or the value of such royalty in cash; and if there be no other person mining on said lands on terms prescribed by such owner or lessee, then he or they shall pay to such owner or lessee the same rate and kind of royalty on lead ore or minerals taken out by him or them as is paid by miners on lands nearest thereto belonging to other persons, or the value of such royalty in cash.

2.Such owner or lessee of any real estate shall have a lien on all minerals taken or dug therefrom for the royalty due thereon until the same is paid; and if any such person or persons so mining shall refuse or fail to pay such royalty to such owner or lessee, or his agent, when demanded as aforesaid, he or they shall thereby forfeit the right to work such mine, shaft, quarry, prospect or deposit of mineral, and the said owner or lessee may thereupon enter and take possession of the same.

(RSMo 1939 § 14784)

Prior revisions: 1929 § 13594; 1919 § 7437; 1909 § 8409

444.875 - Release of all or part of performance bond, procedure — objections may be filed.

1.The permittee may file a request with the commission for the release of all or part of a performance bond or deposit.Within thirty days after any application for bond release has been filed, the operator shall submit a copy of an advertisement placed at least once a week for four successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation.Such advertisement shall be considered part of any bond release application and shall contain a notification of the precise location of the land affected, the number of acres, the permit and the date approved, the amount of the bond filed and the portion sought to be released, and the type and appropriate dates of reclamation work performed, and a description of the results achieved as they relate to the operator's approved reclamation plan.In addition, as part of any bond release application, the applicant shall submit copies of letters which he has sent to adjoining property owners, local governmental bodies, planning agencies, sewage and water treatment authorities, and water companies in the locality in which the surface coal mining and reclamation activities took place, notifying them of his intention to seek release from the bond.At the time of final or phase III bond release submittal, the operator shall include evidence that an affidavit has been recorded with the recorder of deeds in the county where the mined land is located, generally describing the parcel or parcels of land where operations such as underground mining, auger mining, covering of slurry ponds, or other underground activities occurred which could impact or limit future use of that land.This requirement shall be applicable to mined land where phase I reclamation was completed on or after September 1, 1992.

2.Upon receipt of the notification and request, the commission shall cause to be conducted within thirty days an inspection and evaluation of the reclamation work involved.Such evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of continuance or future occurrence of such pollution, and the estimated cost of abating such pollution.The commission shall notify the permittee in writing of its decision to release or not to release all or part of the performance bond or deposit within sixty days from the filing of the request, if no public hearing is held pursuant to subsection 6 of this section, and if there has been a public hearing held pursuant to subsection 6 of this section, within thirty days thereafter.

3.The commission may release in whole or in part said bond or deposit if satisfied the reclamation covered by the bond or deposit or portion thereof has been accomplished according to the following schedule:

(1)When the operator completes the backfilling, regrading, and drainage control of a bonded area in accordance with his approved reclamation plan, the release of not more than sixty percentum of the bond or deposit for the applicable permit area;

(2)After revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, the release of a portion of the bond or deposit may be approved.When determining the amount of bond to be released after successful revegetation has been established, the commission shall retain that amount of bond for the revegetated area which would be sufficient for a third party to cover the cost of reestablishing revegetation for the period specified for operator responsibility in section 444.855 for reestablishing revegetation.No part of the bond or deposit shall be released under this subdivision so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by subdivision (10) of subsection 2 of section 444.855 or until soil productivity for prime farm lands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to subdivision (16) of subsection 2 of section 444.820.Where a silt dam is to be retained as a permanent impoundment pursuant to subdivision (8) of subsection 2 of section 444.855, the portion of bond may be released under this subdivision so long as provisions for sound future maintenance by the operator or the landowner have been made with the commission;

(3)When the operator has completed successfully all surface coal mining and reclamation activities, the release of the remaining portion of the bond, but not before the expiration of the period specified for operator responsibility in section 444.855; provided, however, that no bond shall be fully released until all reclamation requirements are fully met.

4.If the commission disapproves the application for release of the bond or portion thereof, the commission shall notify the permittee, in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure said release and allowing opportunity for a public hearing unless a hearing has been held.

5.When any application for total or partial bond release is filed, the commission shall notify the county and/or municipality in which a surface coal mining operation is located by certified mail within thirty days from the date the application is filed.

6.Any person with a valid legal interest which might be adversely affected by release of the bond or the responsible officer or head of any federal, state, or local governmental agency which has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation, or is authorized to develop and enforce environmental standards with respect to such operations shall have the right to file written objections to the proposed release from bond within sixty days after the application was filed.If written objections are filed, and a hearing requested, the commission shall inform all the interested parties of the time and place of the hearing, and the date, time, and location of such public hearing shall be advertised by the commission in a newspaper of general circulation in the locality for two consecutive weeks, and the commission shall hold a public hearing in the locality of the surface coal mining operation proposed for bond release or in Cole County, at the option of the objector, within ninety days after the application has been filed.

7.For the purpose of such hearing the commission shall have the authority and is hereby empowered to administer oaths, subpoena witnesses or written or printed materials, compel the attendance of witnesses, or production of the materials, and take evidence including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity.A verbatim record of each public hearing shall be made, and a transcript made available on the motion of any party or by order of the commission.The chairman may designate one commission member as hearing officer, or may appoint a member in good standing of the Missouri bar as hearing officer to hold the hearing and make recommendations to the commission, but the commission shall make the final decision thereon and any member participating in the decision shall review the record before making decision.

(L. 1979 H.B. 459, A.L. 1993 H.B. 312 & 257)

444.320 - Mining under public highways and railroads prohibited.

No person or persons, firm or association of persons, company or corporation shall, within this state, mine or excavate beneath the surface of any public highway or railroad right-of-way, in such manner as to cause the surface of the ground over which such public highway or railroad track is constructed to cave in.

(RSMo 1939 § 14803)

Prior revisions: 1929 § 13613; 1919 § 7456; 1909 § 8428

CROSS REFERENCE:

Temporary abandonment of public road for mining purposes, 229.420 to 229.450

444.771 - Limitation on permits near an accredited school.

Notwithstanding any other provision of law to the contrary, the commission and the department shall not issue any permits under this chapter or under chapters 643 or 644 to any person whose mine plan boundary is within one thousand feet of any real property where an accredited school has been located for at least five years prior to such application for permits made under these provisions, except that the provisions of this section shall not apply to any request for an expansion to an existing mine or to any underground mining operation.

(L. 2011 H.B. 89)

Effective 7-11-11

CROSS REFERENCE:

Nonseverability clause, 640.099

444.375 - Inspections, investigations, director to perform — civil penalties authorized, procedures — emergency situations, powers of director.

1.The director shall cause investigations to be made to determine compliance with sections 444.350 to 444.380 and the permits issued pursuant to sections 444.350 to 444.380.

2.The director and authorized representatives of the director may at all normal working times enter upon any metallic minerals waste management area for the purpose of inspection to determine whether the provisions of sections 444.350 to 444.380 have been complied with.No person shall refuse entry requested for purposes of inspection to the director or an authorized representative who presents appropriate credentials, nor obstruct or hamper any such person in carrying out the inspection.If entry or access is denied, the director may suspend the permit and may seek a suitably restricted search warrant, describing the place to be searched and showing probable cause in writing and upon written oath or affirmation by the director or an authorized representative, shall be issued by any circuit judge or associate circuit judge in the county where the search is to be made.

3.The director shall cause investigations to be made of all metallic minerals waste management areas in the state of Missouri.If the investigations show that waste disposal is being or is going to be conducted or that a waste management area is being operated without a permit in violation of this law, the director shall request the attorney general to file suit in the name of the state of Missouri, for injunction and civil penalties not to exceed one thousand dollars per day from the date of the filing of such action for each day in addition to any other remedies provided by law the violation has occurred and continues to occur as the court may deem proper.A civil monetary penalty under this section shall not be assessed for a violation where an administrative penalty was assessed under section 444.376.Suit may be filed either in the county where the violation occurs or in the county of Cole if not objected to by the defendant.Any offer of settlement to resolve a civil penalty under this section shall be in writing, shall state that an action for imposition of a civil penalty may be initiated by the attorney general or a prosecuting attorney representing the department under authority of this section, and shall identify any dollar amount as an offer of settlement which shall be negotiated in good faith through conference, conciliation and persuasion.

4.If the investigation shows that a metallic minerals waste management area for which a permit has been issued is being conducted contrary to, or in substantial violation of, any provision of sections 444.350 to 444.380, any final orders or any rule or regulation promulgated pursuant to sections 444.350 to 444.380 or any term or condition of any permit issued pursuant to sections 444.350 to 444.380, the director may by conference, conciliation and persuasion endeavor to eliminate the violation.If the violation is not eliminated, the director shall provide to the operator by registered mail a notice describing the nature of the violation, corrective measures to be taken to abate the violation and the time period for abatement.Within fifteen days of receipt of this notice the operator may request an informal conference to contest the notice.The director may modify, vacate or enforce the notice and shall provide notice to the operator of his action within thirty days of the informal conference.If the operator fails to comply with the notice, as amended by the director, in the time prescribed, the director shall cause to have issued and served upon the person complained against a written notice together with a copy of the formal complaint, which shall specify the rule or regulation, conditions of the permit or the provision of sections 444.350 to 444.380 of which the person is alleged to be in violation, a statement of the manner in, and the extent to, which the person is alleged to be in violation and the penalty to be assessed.The person complained against may, within fifteen days of receipt of the complaint, request a hearing before the director.Such hearing shall be conducted in accordance with the provisions of section 444.377.

5.After due consideration of the hearing record, or upon failure of the operator to request a hearing by the date specified in the complaint, the director shall issue and enter such final order and make such final determination as he deems appropriate under the circumstances.Included in such order and determination may be the revocation of any permit and an order to cease and desist operations.The director shall immediately notify the respondent of his decision in writing by certified mail.

6.Any final order or determination or other final action shall be in writing.The director shall not issue any permit to any person who has had a metallic minerals waste management permit revoked until the violation that caused the revocation is corrected to the satisfaction of the director.

7.In the event the director determines that any provisions of sections 444.350 to 444.380, rules and regulations promulgated hereunder, permits issued, or any final order or determination made by the director is being violated, the director may cause to have instituted a civil action, either in the county where the violation occurs or in the county of Cole, if not objected to by the defendant, for injunctive relief, for collection of the civil penalty and for forfeiture of bond.At the request of the director, the attorney general shall bring such action in the name of the state of Missouri.

8.When, on the basis of any inspection, the director, or any authorized representative of the director, determines that any condition or practices exist, or that any permittee is in violation of any requirement of this law, regulation, or any permit provision, which condition, practice or violation also creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause, significant, imminent environmental harm to land, air, or water resources, the director or any authorized representative shall immediately order a cessation of mining and metallic minerals waste disposal activity or the portion of such activity relevant to the condition, practice, or violation.Such cessation order shall remain in effect until the director or any authorized representative determines that the condition, practice or violation has been abated, or until modified, vacated, or terminated by the director.Where the director, or any authorized representative, finds that the ordered cessation of mining and metallic minerals waste disposal activity, or any portion of such activity, will not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the director or authorized agent shall, in addition to the cessation order, impose affirmative obligations on the operator requiring him to take whatever steps deemed necessary to abate the imminent danger or the significant environmental harm.

(L. 1989 H.B. 321 § 11, A.L. 1991 S.B. 45, A.L. 1993 S.B. 80, et al.)

444.920 - Abandoned mine reclamation fund, commission's duties and powers.

In order to receive applicable federal funds for the abandoned mine reclamation fund, and to meet necessary federal requirements:

(1)The commission may submit to the appropriate federal officer or agency a state reclamation plan and annual projects to carry out abandoned mine reclamation.

(2)Each state reclamation plan shall generally identify the areas to be reclaimed, the purpose for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the legal authority and programmatic capability to perform such work.

(3)On an annual basis the commission may submit to the appropriate federal officer or agency an application for support of the state program and implementation of specific reclamation projects, and shall submit all information required, including a description and priority evaluation of each project, the estimated benefits and costs, for research and demonstration projects a description of techniques, the cost and identification of lands to be acquired, and an inventory of the previous years grant.

(4)The costs for each proposed project under this section shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses.

(5)The commission shall submit such annual and other reports as necessary and required by the appropriate federal officer or agency.

(6)The commission may, in order for the state to receive applicable federal funds, certify to the appropriate federal officer or agency that objectives of the fund set forth in sections 444.915 and 444.935 have been achieved, there is a need for construction of specific public facilities in communities impacted by coal development, and impact funds which may be available under provisions of the Federal Mineral Leasing Act of 1920, as amended, or the Act of October 20, 1976, Public Law 94-565 (90 Stat. 2662), are inadequate for such construction.

(L. 1979 H.B. 459)

444.820 - Permit fees — contents of application — confidential items — copy to be filed with recorder of deeds — insurance required.

1.Each application for a permit shall be accompanied by a fee:

(1)For new surface coal mining permits there shall be an initial fee of one hundred dollars, plus an acreage fee of either thirty-five dollars or such different amount as determined by regulation of the commission, for each acre or fraction thereof of the permit area.Any acreage fee determined by the commission shall reflect the costs of administering and enforcing this law and the regulations adopted hereunder, making allowance for federal grants and other sources of funds, surplus moneys in the mined land conservation fund credited to this law, and contingencies.For multiple-year permits, the acreage fee shall be paid annually by dividing the total acres in the permit area by the number of years covered by the permit and multiplying that number by that year's acreage fee, and, after the first year, there shall be an annual fee of one hundred dollars.For the first year of any new permit, the first year's fees shall be paid with the permit application.Thereafter, through the term of the permit, the annual fee and acreage fee shall be paid as a condition to and prior to operating for that permit year.The acreage fee shall be paid only once on any given acre, except in the case of a revocation; and an allowance shall be given for any acreage fee previously paid for a permit under sections 444.500 to 444.755 when the land was not disturbed under said permit;

(2)For permit renewal there shall be a basic fee of one hundred dollars for each year of renewal, to be paid annually;

(3)For permit revision there shall be a basic application fee of one hundred dollars;

(4)For application of a successor to a permit there shall be a basic fee of one hundred dollars;

(5)For coal exploration permits there shall be an application fee of one hundred dollars;

(6)For surface effects of underground mining there shall be a fee determined as in subdivision (1) of this subsection;

(7)For reinstatement of a permit after suspension there shall be a fee of one hundred dollars;

(8)Any land disturbed subsequent to revocation of a permit which included such land, shall require a new permit application and fees paid as determined in subdivision (1) of this subsection, whether such land is to be disturbed by the same operator or a different operator.

2.The permit application shall be submitted in a manner satisfactory to the commission or the director and shall contain among other things:

(1)The names and addresses of:

(a)The permit applicant;

(b)Every legal owner of record of the property (surface and mineral) to be mined;

(c)The holders of record of any leasehold interest in the property;

(d)Any purchaser of record of the property under a real estate contract;

(e)The operator if he is a person different from the applicant; and

(f)If any of these are business entities other than a single proprietor, the names and addresses of the principals, officers, and resident agent;

(2)The names and addresses of the owners of record of all surface and subsurface areas adjacent to any part of the permit area;

(3)A statement of any current or previous surface coal mining permits in the United States held by the applicant and the permit identification and each pending application;

(4)If the applicant is a partnership, corporation, association, or other business entity, the following where applicable:The names and addresses of every officer, partner, director, or person performing a function similar to a director, of the applicant, together with the name and address of any person owning, of record, 10 percentum or more of any class of voting stock of the applicant and a list of all names under which the applicant, partner, or principal shareholder previously operated a surface mining operation within the United States within the five-year period preceding the date of submission of the application;

(5)A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant, has ever held a federal or state mining permit which in the five-year period prior to the date of submission of the application has been suspended or revoked or has had a mining bond or similar security deposited in lieu of bond forfeited and, if so, an explanation of the facts involved;

(6)A copy of the applicant's advertisement to be published in a newspaper of general circulation in the locality of the proposed site at least once a week for four successive weeks, and which includes the ownership, a description of the exact location and boundaries of the proposed site sufficient so that the proposed operation is readily locatable by local residents, and the location of where the application is available for public inspection;

(7)A description of the type and method of coal mining operation that exists or is proposed, the engineering techniques proposed or used, and the equipment used or proposed to be used;

(8)The anticipated or actual starting and termination dates of each phase of the mining operation and number of acres of land to be affected;

(9)An accurate map or plan, to an appropriate scale, clearly showing the land to be affected as of the date of the application, the area of land within the permit area upon which the applicant has the legal right to enter and commence surface mining operations and a statement of those documents upon which the applicant bases his legal right to enter and commence surface mining operations on the area affected, and whether that right is the subject of pending court litigation; provided, that nothing in this law shall be construed as vesting in the commission the jurisdiction to adjudicate property title disputes;

(10)The name of the watershed and location of the surface stream or tributary into which surface and pit drainage will be discharged;

(11)A determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and ground water systems including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the commission of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability; provided, however, that this determination shall not be required until such time as hydrologic information on the general area prior to mining is made available from an appropriate federal or state agency or person qualified by training or experience to develop such information; provided further, that the permit shall not be approved until such information is available and is incorporated into the application;

(12)When requested by the commission, the climatological factors that are peculiar to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and the seasonal temperature ranges;

(13)Accurate maps to an appropriate scale clearly showing (a) the land to be affected as of the date of application and (b) all types of information set forth on topographical maps of the United States Geological Survey of a scale of 1:24,000 or 1:25,000 or larger, including all manmade features and significant known archeological sites existing on the date of application.Such a map or plan shall, among other things specified by the commission, show all boundaries of the land to be affected, the boundary lines and names of present owners of record of all surface areas abutting the permit area, and the location of all buildings within one thousand feet of the permit area;

(14)Cross-section maps or plans of the land to be affected, including the actual area to be mined, prepared by or under the direction of and certified by a qualified registered professional engineer, or qualified registered land surveyor, or professional geologist with assistance from experts in related fields such as land surveying and landscape architecture, showing pertinent elevation and location of test borings or core samplings and depicting the following information:The nature and depth of the various strata of overburden; the location of subsurface water, if encountered, and its quality; the nature and thickness of any coal or rider seam above the coal seam to be mined; the nature of the stratum immediately beneath the coal seam to be mined; all mineral crop lines and the strike and dip of the coal to be mined, within the area of land to be affected; existing or previous surface mining limits; the location and extent of known workings of any underground mines, including mine openings to the surface; the location of aquifers; the estimated elevation of the water table; the location of spoil, waste, or refuse areas and topsoil preservation areas; the location of all impoundments for waste or erosion control; any settling or water treatment facility; constructed or natural drainways and the location of any discharges to any surface body of water on the area of land to be affected or adjacent thereto; and profiles at appropriate cross-sections of the anticipated final surface configuration that will be achieved pursuant to the operator's proposed reclamation plan;

(15)A statement of the result of test borings or core samplings from the permit area, including logs of the drill holes; the thickness of the coal seam found, an analysis of the chemical properties of such coal; the sulfur content of any coal seam; chemical analysis of potentially acid or toxic forming sections of the overburden; and chemical analysis of the stratum lying immediately underneath the coal to be mined except that the provisions of this subdivision may be waived by the commission with respect to the specific application by a written determination that such requirements are unnecessary;

(16)For those lands in the permit application which a reconnaissance inspection suggests may be prime farm lands, a soil survey shall be made or obtained according to standards established by the United States Secretary of Agriculture in order to confirm the exact location of such prime farm lands, if any;

(17)The written consent of the applicant and any other persons necessary to grant access to the commission or the director to the area of land affected under application from the date of application until the expiration of any permit granted under the application and thereafter for such time as is necessary to assure compliance with all provisions of this law or any rule or regulation promulgated under them.

3.Information pertaining to coal seams, test borings, core samplings, or soil samples as required by this section shall be made available to any person with an interest which is or may be adversely affected; provided, that information which pertains only to the analysis of the chemical and physical properties of the coal (excepting information regarding such mineral or elemental content which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record.

4.If the commission finds that the probable total annual production at all locations of any coal surface mining operator will not exceed one hundred thousand tons, the determination of probable hydrologic consequences required by subdivision (11) of subsection 2 and the statement of the result of test borings or core samplings required by subdivision (15) of subsection 2 of this section shall, upon the written request of the operator, be performed by a qualified public or private laboratory designated by the commission, and the cost of the preparation of such determination and statement shall be assumed by the commission.

5.Each applicant for a permit shall be required to submit to the commission as part of the permit application a reclamation plan which shall meet the requirements of this law.

6.Each applicant for a permit shall, simultaneous to filing with the commission, file a copy of his application for public inspection with the recorder of deeds at the courthouse of the county where the mining is proposed to occur, except for that information pertaining to the coal seam itself.

7.Each applicant for a permit shall be required to submit to the commission as part of the permit application a certificate issued by an insurance company authorized to do business in the state certifying that the applicant has a public liability insurance policy in force for the surface mining and reclamation operations for which such permit is sought.Such policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons damaged as a result of surface coal mining and reclamation operations including use of explosives.Such policy shall be maintained in full force and effect during the terms of the permit or any renewal, including the length of all reclamation operations.

8.Each applicant for a permit shall submit to the commission as part of the permit application a blasting plan which shall outline the procedures and standards by which the operator will meet the provisions of subdivision (15) of subsection 2 of section 444.855.

(L. 1979 H.B. 459, A.L. 1980 H.B. 1839)

Effective 5-09-80

CROSS REFERENCE:

Additional information to be filed with application, 444.835

444.775 - Release of bond, conditions — petition, hearing — administrative review.

1.Prior to release of the bond or any portion thereof, application shall be made by the operator to the commission, either with the completion of the report referred to in section 444.774 or subsequent to such report, for release of the bond.

2.The commission shall cause to have investigated the status of reclamation on land for which a release application has been filed.

3.If the director or the commission determines that the bond, or any portion thereof, should be released, an order may be so issued without hearing.If an owner of the land that has been affected by surface mining files a petition in opposition to the release of the bond within thirty days of the receipt date of the application for release, a hearing may be held, if the bond release criteria does not meet permit standards.A hearing may also be held if the director, within thirty days of the receipt date of the application for release, recommends denial of the application following its investigation.In such cases, the commission may hold a hearing as provided in section 444.789 and enter such order as shall be appropriate.

4.If the commission determines that the bond or any portion thereof should not be released, the commission shall issue an order to that effect with the reasons for the order and shall give notice to the operator.A hearing shall be held by the commission as provided in section 444.789 if requested by the operator within thirty days of the date of notice of the order.At such hearing burden of proof shall be on the operator.After hearing, the commission shall enter such order as shall be appropriate and shall give notice to the operator.

5.All final decisions or orders of the commission shall be subject to judicial review as provided for in chapter 536.No judicial review shall be available, however, until and unless all administrative remedies are exhausted.

(L. 1990 H.B. 1584, A.L. 2001 H.B. 453)

444.830 - Phase I reclamation bond to be filed, when — adjustment of amount of bond and terms, by commission, when.

1.After a surface coal mining and reclamation permit application has been approved, but before such a permit is issued, the applicant shall file with the commission, on a form prescribed and furnished by the commission, a phase I reclamation bond pursuant to section 444.950 for performance payable to the state, and conditional upon the faithful performance of all the requirements of this law and rules and regulations, and the permit and reclamation plan.As succeeding increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the regulatory authority an additional phase I reclamation bond or bonds to cover such increments in accordance with this section.The amount of the phase I reclamation bond and coal mine land reclamation fund shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the commission in the event of forfeiture, and in no case shall the bond for the entire area under one permit be less than ten thousand dollars.

2.Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period coincident with operator's responsibility for revegetation requirements in section 444.855.The bond shall be executed by the operator and a corporate surety licensed to do business in the state, except that the operator may elect to deposit cash, irrevocable letters of credit, negotiable bonds of the United States government or of the state of Missouri, or negotiable certificates of deposit of any bank organized or transacting business in the United States.The cash deposit or market value of such securities shall be equal to or greater than the amount of the bond required for the bonded area.

3.The commission may accept the bond of the applicant himself without the separate surety provided for in subsection 2 of this section when the applicant demonstrates to the satisfaction of the commission the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self-insure or bond such amount or, in lieu of the establishment of a bonding program as set forth in this section, the commission may adopt an alternative system that will achieve the objectives and purposes of the bonding program pursuant to this section, and which is consistent with or pursuant to the purposes of P.L.95-87, the Surface Mining Control and Reclamation Act.

4.The amount of the bond and the terms of each acceptance of the applicant's bond shall be adjusted by the commission from time to time as affected land acreages are increased or decreased or where the cost of future reclamation changes.

(L. 1979 H.B. 459, A.L. 1982 S.B. 737, A.L. 1988 H.B. 1836, A.L. 1993 H.B. 312 & 257)

444.365 - Inspection — maintenance plan, purposes, contents, review of.

1.The operator shall submit an inspection-maintenance plan to ensure that the area will be maintained until such time as it is stabilized and will be self-maintained in accordance with the purposes of the plan.

2.The inspection-maintenance plan shall contain all measures necessary to maintain all the designated final uses and all measures required under the closure plan, including an inspection program, access control program and a program to maintain the structures and required vegetation.

3.The inspection-maintenance program shall set forth an estimated time for which each of the measures are to be continued and a proposed basis on which a determination can be made for determining that active inspection-maintenance is no longer required.

4.The inspection-maintenance program shall be reviewed by the operator and the director every five years, or upon request of the owner or operator and shall be revised as necessary.

(L. 1989 H.B. 321 § 7)

444.786 - Operation without permit prohibited, penalty.

Any person required by sections 444.760 to 444.790 to have a permit who engages in the mining of minerals without previously securing a permit to do so as prescribed by sections 444.760 to 444.790, is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than one thousand dollars.Each day of operation without the permit required by sections 444.760 to 444.790 will be deemed a separate violation.

(L. 1971 H.B. 519 § 13, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453)

444.930 - Liens for corrective measures — amount, filing, valuation — appeals, priority of liens.

1.Within six months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the commission shall itemize the moneys so expended and may file a statement thereof in the recorder of deeds office in the county in which the land lies, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices if the moneys so expended shall result in a significant increase in property value.Such statement shall constitute a lien upon the said land.The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.No lien shall be filed against the property of any person, in accordance with this subsection, who owned the surface prior to May 2, 1977, and who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder.

2.The landowner may, within sixty days of the filing of the lien, request a hearing before the commission to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.The amount reported to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided.Any party aggrieved by the decision may appeal as provided by law.

3.The lien provided in this section shall be entered in the office of the recorder of deeds in the county in which the land lies.Such statement shall constitute a lien upon the said land as of the date of the expenditures of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land.

(L. 1979 H.B. 459)

444.765 - Definitions.

Wherever used or referred to in sections 444.760 to 444.790, unless a different meaning clearly appears from the context, the following terms mean:

(1)"Affected land", the pit area or area from which overburden shall have been removed, or upon which overburden has been deposited after September 28, 1971.When mining is conducted underground, affected land means any excavation or removal of overburden required to create access to mine openings, except that areas of disturbance encompassed by the actual underground openings for air shafts, portals, adits and haul roads in addition to disturbances within fifty feet of any openings for haul roads, portals or adits shall not be considered affected land.Sites which exceed the excluded areas by more than one acre for underground mining operations shall obtain a permit for the total extent of affected lands with no exclusions as required under sections 444.760 to 444.790;

(2)"Beneficiation", the dressing or processing of minerals for the purpose of regulating the size of the desired product, removing unwanted constituents, and improving the quality or purity of a desired product;

(3)"Commercial purpose", the purpose of extracting minerals for their value in sales to other persons or for incorporation into a product;

(4)"Commission", the Missouri mining commission in the department of natural resources created by section 444.520;

(5)"Construction", construction, erection, alteration, maintenance, or repair of any facility including but not limited to any building, structure, highway, road, bridge, viaduct, water or sewer line, pipeline or utility line, and demolition, excavation, land clearance, and moving of minerals or fill dirt in connection therewith;

(6)"Department", the department of natural resources;

(7)"Director", the staff director of the Missouri mining commission or his or her designee;

(8)"Excavation", any operation in which earth, minerals, or other material in or on the ground is moved, removed, or otherwise displaced for purposes of construction at the site of excavation, by means of any tools, equipment, or explosives and includes, but is not limited to, backfilling, grading, trenching, digging, ditching, drilling, well-drilling, auguring, boring, tunneling, scraping, cable or pipe plowing, plowing-in, pulling-in, ripping, driving, demolition of structures, and the use of high-velocity air to disintegrate and suction to remove earth and other materials.For purposes of this section, excavation or removal of overburden for purposes of mining for a commercial purpose or for purposes of reclamation of land subjected to surface mining is not included in this definition.Neither shall excavations of sand and gravel by political subdivisions using their own personnel and equipment or private individuals for personal use be included in this definition;

(9)"Fill dirt", material removed from its natural location through mining or construction activity, which is a mixture of unconsolidated earthy material, which may include some minerals, and which is used to fill, raise, or level the surface of the ground at the site of disposition, which may be at the site it was removed or on other property, and which is not processed to extract mineral components of the mixture.Backfill material for use in completing reclamation is not included in this definition;

(10)"Land improvement", work performed by or for a public or private owner or lessor of real property for purposes of improving the suitability of the property for construction at an undetermined future date, where specific plans for construction do not currently exist;

(11)"Mineral", a constituent of the earth in a solid state which, when extracted from the earth, is usable in its natural form or is capable of conversion into a usable form as a chemical, an energy source, or raw material for manufacturing or construction material.For the purposes of this section, this definition includes barite, tar sands, oil shales, cadmium, barium, nickel, cobalt, molybdenum, germanium, gallium, tellurium, selenium, vanadium, indium, mercury, uranium, rare earth elements, platinum group elements, manganese, phosphorus, sodium, titanium, zirconium, lithium, thorium, or tungsten; but does not include iron, lead, zinc, gold, silver, coal, surface or subsurface water, fill dirt, natural oil or gas together with other chemicals recovered therewith;

(12)"Mining", the removal of overburden and extraction of underlying minerals or the extraction of minerals from exposed natural deposits for a commercial purpose, as defined by this section;

(13)"Operator", any person, firm or corporation engaged in and controlling a surface mining operation;

(14)"Overburden", all of the earth and other materials which lie above natural deposits of minerals; and also means such earth and other materials disturbed from their natural state in the process of surface mining other than what is defined in subdivision (10) of this section;

(15)"Peak", a projecting point of overburden created in the surface mining process;

(16)"Pit", the place where minerals are being or have been mined by surface mining;

(17)"Public entity", the state or any officer, official, authority, board, or commission of the state and any county, city, or other political subdivision of the state, or any institution supported in whole or in part by public funds;

(18)"Refuse", all waste material directly connected with the cleaning and preparation of substance mined by surface mining;

(19)"Ridge", a lengthened elevation of overburden created in the surface mining process;

(20)"Site" or "mining site", any location or group of associated locations separated by a natural barrier where minerals are being surface mined by the same operator;

(21)"Surface mining", the mining of minerals for commercial purposes by removing the overburden lying above natural deposits thereof, and mining directly from the natural deposits thereby exposed, and shall include mining of exposed natural deposits of such minerals over which no overburden lies and, after August 28, 1990, the surface effects of underground mining operations for such minerals.For purposes of the provisions of sections 444.760 to 444.790, surface mining shall not include excavations to move minerals or fill dirt within the confines of the real property where excavation occurs or to remove minerals or fill dirt from the real property in preparation for construction at the site of excavation.No excavation of fill dirt shall be deemed surface mining regardless of the site of disposition or whether construction occurs at the site of excavation.

(L. 1971 H.B. 519 § 3, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453, A.L. 2005 H.B. 824, A.L. 2009 H.B. 246, A.L. 2014 S.B. 642)

444.782 - Attorney general to represent commission, when — hearings on bond forfeiture, notice.

The attorney general, upon request of the commission, shall institute proceedings to have the bond of the operator forfeited for violation by the operator of any of the provisions of sections 444.760 to 444.790.Before making such request of the attorney general, the commission shall notify the operator in writing of the alleged violation or noncompliance and shall afford the operator the right to appear before the commission at a hearing to be held not less than thirty days after the receipt of such notice by the operator.At the hearing the operator may present for the consideration of the commission, statements, documents and other information with respect to the alleged violation.After the conclusion of the hearing, the commission shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the bond of the operator forfeited as to the land involved.

(L. 1971 H.B. 519 § 11, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453)

444.630 - Report, when required, contents.

1.The operator shall file a report with the commission within sixty days after the date of expiration of a permit stating the exact number of acres of land affected by the operation, the extent of the reclamation already accomplished, and such other information as may be required by the commission.

2.The operator shall file another report within thirty days after grading is completed or sixty days after twelve months from the date of expiration of a permit stating the extent of grading and such other information as may be required by the commission.

3.The operator shall file a planting report with the commission within thirty days after revegetation is completed or is to be completed, showing the extent of revegetation and such other information as may be required by the commission.

(L. 1971 S.B. 1 § 16)

444.730 - Mined land reclamation fund created — purpose.

1.All sums received through the payment of fees or the forfeiture of bonds pursuant to sections 444.500 to 444.970 shall be placed in the state treasury and credited to the "Mined Land Reclamation Fund" which is hereby created.

2.After appropriation by the general assembly, the money in this fund shall be expended for the administration and enforcement of sections 444.500 to 444.970 and for reclamation of land affected by strip mine and surface mine and for no other purpose.Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state.All income from such investments shall, unless otherwise prohibited by the constitution of this state, be deposited in the mined land reclamation fund.The provisions of section 33.080 relating to the transfer of unexpended balances in various funds to the general revenue fund at the end of each biennium shall not apply to funds in the mined land reclamation fund.However, any amount in the fund in excess of three million dollars, exclusive of interest and security forfeiture proceeds, shall lapse to general revenue at the end of each biennium.

3.The moneys collected from any bond forfeiture shall be expended upon the lands for which the permit was issued and for which the bond was given.

4.General revenue of the state may be appropriated or expended for the administration or enforcement of sections 444.500 to 444.970.

(L. 1971 S.B. 1 § 26, A.L. 1983 S.B. 241, A.L. 1987 H.B. 669, A.L. 1990 H.B. 1584)

444.530 - Powers of commission — rules, procedure.

1.The commission may:

(1)Adopt and promulgate rules and regulations respecting the administration of sections 444.500 to 444.789;

(2)Encourage and conduct investigation, research, experiments and demonstrations, and collect and disseminate information relating to strip mining and reclamation and conservation of lands and waters affected by strip mining;

(3)Examine and pass on all applications and plans and specifications submitted by the operator for the method of operation and for the reclamation and conservation of the area of land affected by the operation;

(4)Make investigations and inspections which are necessary to ensure compliance with the provisions of sections 444.500 to 444.789;

(5)Conduct hearings under sections 444.500 to 444.789 and may administer oaths or affirmations and subpoena witnesses to the inquiry;

(6)Order, after hearing, the revocation of any permit and to cease and desist operations for failure to comply with any of the provisions of sections 444.500 to 444.789 or any corrective order of the commission;

(7)Order forfeiture of any bond for failure to comply with any provisions of sections 444.500 to 444.789 or any corrective order of the commission or other order of the commission;

(8)Order, after hearing, an operator to adopt such corrective measures as are necessary to comply with sections 444.500 to 444.789;

(9)Cause to be instituted in any court of competent jurisdiction legal proceedings for injunction or other appropriate relief to enforce this law and any order of the commission;

(10)Retain, employ, provide for, and compensate, within the limits of appropriations made for that purpose, such consultants, assistants, deputies, clerks, and other employees on a full- or part-time basis as may be necessary to carry out the provisions of sections 444.500 to 444.789 and prescribe the times at which they shall be appointed and their powers and duties;

(11)Study and develop plans for the reclamation of lands that have been strip mined prior to September 28, 1971;

(12)Accept, receive and administer grants or other funds or gifts from public and private agencies and individuals, including the federal government, for the purpose of carrying out any of the functions of sections 444.500 to 444.789, including the reclamation of lands strip mined prior to September 28, 1971.The commission may promulgate such rules and regulations or enter into such contracts as it may deem necessary for carrying out the provisions of this subdivision;

(13)Budget and receive duly appropriated moneys for expenditures to carry out the provisions and purposes of sections 444.500 to 444.789; and

(14)Prepare and file a biennial report with the governor and members of the general assembly.

2.No rule or portion of a rule promulgated under the authority of sections 444.530 to 444.790 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1971 S.B. 1 § 3, A.L. 1983 S.B. 241, A.L. 1990 H.B. 1584, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

444.030 - Tender of payment.

Any such person or persons who, by the permission or consent of the owner or lessee of any real estate, and having the right to mine thereon, and having entered and dug or mined thereon any lead ore or other mineral, shall have the right to the exclusive possession of such ore or mineral, except the royalty thereon, which shall be paid as herein provided, until he or they shall be paid or tendered by such owner or lessee of such real estate the then highest market price in cash paid by such owner or lessee for the same kind of ore or mineral dug or mined on said lands, and if no other such ores or minerals are at the time being dug or mined on said lands and sold to such owner or lessee, then the highest price paid for such ore or mineral dug on lands nearest thereto shall be paid or tendered by such owner or lessee in such case, and upon such payment or tender, the absolute right to the possession of such lead ore or other mineral so dug out and mined under the provisions of section 444.020, and for which such payment or tender shall have been made, shall vest in such owner or lessee.

(RSMo 1939 § 14785)

Prior revisions: 1929 § 13595; 1919 § 7438; 1909 § 8410

444.130 - Court to authorize mining operations, when — period of time specified.

The court may, upon such application, hear testimony upon all the matters involved in such application, including testimony upon the solvency and responsibility of the sureties offered, and may hear testimony from any parties interested in the lots and lands in the neighborhood of such proposed mining operations, and if the court is satisfied that the proposers own the land or mining privileges under the land described in their petition, the court shall fix the amount of the bond to be given by such proposers, such bond to be in no case for less than one thousand dollars; and upon the giving and approval of such bond so fixed by the court, the court shall enter its order authorizing the mining operations specified in said petition, and upon the localities therein named, and not elsewhere, for the space of two years, unless in the meanwhile revoked.

(RSMo 1939 § 14797)

Prior revisions: 1929 § 13607; 1919 § 7450; 1909 § 8422

444.330 - Penalty for violation of section 444.320.

Any person, firm, company, association or corporation violating the provisions of section 444.320, and any officer, agent or receiver of any firm, company, association or corporation, or any member of the same, or any individual, found guilty of a violation thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned in the county jail not to exceed one year, or suffer both penalties.

(RSMo 1939 § 14804)

Prior revisions: 1929 § 13614; 1919 § 7457; 1909 § 8429

444.965 - Assessment for fund, amount paid, when — additional assessment, determined how, when.

1.Beginning on September 1, 1988, every permittee that files a phase I reclamation bond pursuant to section 444.950 shall pay an assessment, in addition to all other taxes and fees which may be due, to the commission for deposit in the coal mine land reclamation fund.

2.For permittees who file phase I reclamation bonds, the assessment shall be paid monthly by each permittee based on coal sold, shipped, or otherwise disposed of.The assessment shall be paid at the rate of forty-five cents per ton for the first fifty thousand tons sold, shipped or otherwise disposed of in a calendar year, and thirty cents per ton for the next fifty thousand tons sold, shipped or otherwise disposed of in such calendar year.Thereafter, during any calendar year, no further assessment shall be due for that permittee.

3.Whenever the total balance in the fund exceeds seven million dollars as of the close of the state's fiscal year, no assessments shall be required during the state's next fiscal year except that each new permittee filing a phase I reclamation bond pursuant to section 444.950 shall pay assessments pursuant to section 444.960 and this section until the permittee's payments equal those made by an existing permittee of comparable size.Whenever the fund balance is less than seven million dollars at the close of the state's fiscal year, all permittees who have elected to file phase I reclamation bonds pursuant to section 444.950 shall pay assessments to the fund as provided for in subsection 2 of this section.

4.After the date when enough moneys have accumulated in the forty percent pool to complete reclamation on sites revoked prior to September 1, 1988, whenever the fund balance falls below seven million dollars, the tonnage assessments provided for in subsection 2 of this section shall resume at the rate of twenty-five cents per ton for the first fifty thousand tons and fifteen cents per ton for the second fifty thousand tons of coal sold, shipped or otherwise disposed of in a calendar year by a permittee.The tonnage assessment shall remain in effect until the fund balance is at least seven million dollars at the close of the state's fiscal year.

5.After September 1, 1998, whenever the fund balance falls below two million dollars, the assessment rate established in subsection 2 of this section shall increase to a per ton rate of thirty cents per ton for the first fifty thousand tons and twenty cents per ton for the second fifty thousand tons of coal sold, shipped or otherwise disposed of in a calendar year by a permittee.The increased tonnage assessment shall remain in effect until the fund balance is at least three million dollars at the close of the state's fiscal year, at which time the assessment will revert to the rate established pursuant to subsection 4 of this section.

(L. 1982 S.B. 737, A.L. 1986 S.B. 778, A.L. 1988 H.B. 1836, A.L. 1993 H.B. 312 & 257)

444.865 - Records and reports required — entry and inspection authorized — ownership information to be displayed — commission employees not to engage in mining, penalty — employees to file financial statements.

1.For the purpose of developing or assisting in the development, administration, and enforcement of this law, or in the administration and enforcement of any permit, or of determining whether any person is in violation of any requirement of this law, rule or regulation, reclamation plan or permit:

(1)The commission shall require any permittee to:

(a)Establish and maintain appropriate records;

(b)Make monthly reports to the commission;

(c)Install, use, and maintain any necessary monitoring equipment or methods;

(d)Evaluate results in accordance with such methods at such locations, intervals, and in such manner as the commission shall prescribe; and

(e)Provide such other information relative to surface coal mining and reclamation operations as the commission deems reasonable and necessary.

(2)For those surface coal mining and reclamation operations which remove or disturb strata that serve as aquifers which significantly insure the hydrologic balance of water use either on or off the mining site, the commission shall specify those:

(a)Monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential zone of influence;

(b)Monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined;

(c)Records of well logs and borehole data to be maintained; and

(d)Monitoring sites to record precipitation.

The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the commission in order to assure their reliability and validity.

2.Authorized representatives of the commission, without advance notice and upon presentation of appropriate credentials:

(1)Shall have the right of entry to, upon, or through any surface coal mining and reclamation operations or any premises in which any records required to be maintained under subsection 1 are located; and

(2)May at reasonable times, and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation.

3.The inspections shall:

(1)Occur on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit;

(2)Occur without prior notice to the permittee or his agents or employees except for necessary onsite meetings with the permittee; and

(3)Include the filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this law.

4.No person shall refuse entry or access requested for purposes of inspection, to any member of the commission or authorized representative who presents appropriate credentials, nor obstruct or hamper any such person in carrying out the inspection.A suitably restricted search warrant, describing the place to be searched and showing probable cause in writing and upon written oath or affirmation by any member of the commission or authorized representative, shall be issued by any circuit court, court of common pleas, court of criminal corrections, or associate division of the circuit court having jurisdiction in the county where the search is to be made.

5.Each permittee shall conspicuously maintain at the entrances to the surface coal mining and reclamation operations a clearly visible sign which sets forth the name, business address, and phone number of the permittee and the permit number of the surface coal mining and reclamation operations.

6.Each inspector, upon detection of any violation, shall forthwith inform the operator in writing and shall report in writing any such violation to the commission.

7.Copies of any records, reports, inspection materials, or information obtained by the commission shall be made immediately available to the public at central and sufficient locations in the county, multicounty, and state area of mining so that they are conveniently available to residents in the areas of mining.

8.No employee of the commission shall have a direct or indirect financial interest in any underground or surface coal mining operation.Whoever knowingly violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, be punished by a fine of not more than two thousand five hundred dollars, or by imprisonment of not more than one year, or by both.The commission shall promulgate regulations to establish methods by which the provisions of this subsection will be monitored and enforced, including appropriate provisions for the filing by such employees and the review of statements and supplements thereto concerning any financial interest which may be affected by this subsection.

(L. 1979 H.B. 459)

444.160 - Costs, paid by whom.

The costs attending the giving notice, making application and receiving mining privileges shall all be paid by the person, company or corporation making the same, and no such privilege shall take effect until all such costs be paid.

(RSMo 1939 § 14800)

Prior revisions: 1929 § 13610; 1919 § 7453; 1909 § 8425

444.060 - Injunction or restraining order — how granted.

No injunction or restraining order shall be granted by any court or by any judge thereof to enjoin or restrain the working of any mine or mines, or in any manner to interfere with the same, except upon notice first being given to the person working or operating said mine or mines, and sought to be enjoined or restrained, which notice shall be served by delivering to such person a copy thereof, or by leaving a copy thereof at his usual place of abode with a member of the family over the age of fifteen years, at least five days before the day set for the hearing of the application for the injunction; and the court or judge granting such injunction or restraining order shall have the power, upon good cause being shown, to dissolve, vacate or modify any such injunction or restraining order at any time after the same shall have been granted, whether in term time or vacation; provided, that the party applying to such court or judge to dissolve, vacate or modify any such injunction or restraining order shall give due notice to the opposite party of such intended application.

(RSMo 1939 § 14788)

Prior revisions: 1929 § 13598; 1919 § 7441; 1909 § 8413

444.835 - Permit to be granted or application to be modified or denied — notification required — requirements to be met before permit to be issued — additional items to be filed with application — exemptions.

1.Upon the basis of a complete mining application and reclamation plan for a permit or a revision or renewal thereof, including public notification and an opportunity for a public hearing as required by section 444.850, the commission or the director shall grant, require modification of, or deny the application for a permit and notify the applicant in writing.The applicant shall have the burden of establishing that the application is in compliance with all the requirements of the law and rules and regulations.Within ten days after the granting of a permit, the commission or the director shall notify the local governmental officials in the county and/or city in which the area of land to be affected is located that a permit has been issued and shall describe the location of the land.

2.No permit shall be approved unless the application affirmatively demonstrates and the commission or the director finds in writing on the basis of the information set forth in the application or from information otherwise available which will be documented in the approval, and made available to the applicant, that:

(1)The permit application is accurate and complete and that all the requirements of this law and the rules and regulations have been complied with;

(2)The applicant has demonstrated that reclamation as required can be accomplished under the reclamation plan contained in the permit application;

(3)The assessment of the probable cumulative impact of all anticipated mining in the area on the hydrologic balance specified in subsection 2 of section 444.820 has been made by the commission and the proposed operation thereof has been designed to prevent material damage to hydrologic balance outside the permit area;

(4)The area proposed to be mined is not included within an area designated unsuitable for surface coal mining pursuant to section 444.890 or is not within an area under study for such designation in an administrative proceeding commenced pursuant to paragraph (c) of subdivision (4) of subsection 1 of section 444.890 or section 444.890 (unless in such an area as to which an administrative proceeding has commenced pursuant to paragraph (c) of subdivision (4) of subsection 1 of section 444.890, the operator making the permit application demonstrates that, prior to January 1, 1977, he has made substantial legal and financial commitments in relation to the operation for which he is applying for a permit);

(5)In cases where the private mineral estate has been severed from the private surface estate, the applicant has submitted to the commission:

(a)The written consent of the surface owner to the extraction of coal by surface mining methods; or

(b)A conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or

(c)If the conveyance does not expressly grant the right to extract coal by surface mining methods, the surface-subsurface legal relationship shall be determined by a final court decree; provided, that nothing in this law shall be construed to authorize the commission to adjudicate property rights disputes.

3.The applicant shall file with his permit application a schedule listing any and all notices of violations of this law and any law, rule, or regulation of this state or the United States, or of any department or agency in this state or the United States pertaining to air or water environmental protection incurred by the applicant in connection with any surface coal mining operation during the three-year period prior to the date of application.The schedule shall also indicate the final resolution of any such notice of violation.Where the schedule or other information available to the commission indicates that any surface coal mining operation owned or controlled by the applicant is currently in violation of this law, Public Law 95-87, or such other laws referred to in this subsection, the permit shall not be issued until the applicant submits proof that such violation has been corrected or is in the process of being corrected to the satisfaction of the commission, department, or agency which has jurisdiction over such violation and no permit shall be issued to an applicant after a finding by the commission, after opportunity for hearing, that the applicant, or the operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violations of this law of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of this law.

4.(1)In addition to finding the application in compliance with subsection 2 of this section, if the area proposed to be mined contains prime farmland pursuant to subdivision (16) of subsection 2 of section 444.820, the commission or the director shall, after consultation with the United States Secretary of Agriculture, and pursuant to regulations issued hereunder by the commission, grant a permit to mine on prime farmland if the commission or the director finds in writing that the operator has the technological capability to restore such mined area, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards in subdivision (7) of subsection 2 of section 444.855.

(2)Nothing in this subsection shall apply to any permit issued prior to September 28, 1979, or to any revisions or renewals thereof, or to any existing surface mining operations for which a permit was issued prior to September 28, 1979.

(L. 1979 H.B. 459)

444.360 - Application for permit, contents.

The application for a metallic minerals waste management permit shall contain the following:

(1)The legal description of the waste management area;

(2)The name of the owner of the surface of the waste management area;

(3)The address and telephone number of the general office, and if separate of the local office, of the operator;

(4)The name and address of a person designated by the operator for official communications;

(5)If the fee owner of the surface of the waste management area is not the operator, a statement of the legal right to operate on the waste management area, or a statement as to the status of acquisition of that right, which certifies that a copy of the plan has been provided to the owner;

(6)A timetable estimating the proposed duration of the operation of the waste management area;

(7)The written consent, duly acknowledged, of the operator necessary to grant access to the director or his agents to the waste management area during the life of operation of the area and during the closure and inspection-maintenance periods;

(8)A map of the waste management area which shall:

(a)Be drawn to a scale of not more than one to one thousand;

(b)Identify the waste management area;

(c)Indicate the location of the area in relation to other contiguous properties operated by the applicant;

(d)Contain the names and location of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and utility lines on the waste management area;

(e)Specify the date on which the map was prepared and the northpoint and the section township and range;

(f)Locate all wells used for drinking water, agricultural or industrial purposes within one mile of the boundary of the facility;

(9)A closure plan as prescribed in section 444.362;

(10)An inspection-maintenance plan as prescribed in section 444.365;

(11)Identification by permit number and date of issuance of applicable NPDES permits and dam safety registrations, or the date of filing of the applicable NPDES construction permit or dam safety construction permit;

(12)A description of the measures to be taken during the mining and reclamation process to assure the protection of the quality of surface and ground water systems.

(L. 1989 H.B. 321 § 5)

444.935 - Public health hazards — actions to abate, procedure.

The general assembly declares that voids, and open and abandoned tunnels, shafts, and entryways resulting from any previous mining operation constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operation may degrade the environment.The governor is authorized to request the appropriate federal officer under federal programs to fill such voids, seal such abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground mines which could endanger life and property, constitute a hazard to the public's health and safety, or degrade the environment.The commission is authorized to carry out such work pursuant to an approved abandoned mine reclamation program and with funds available for use in carrying out the purpose of this section from federal moneys received.

(L. 1979 H.B. 459)

444.760 - Short title.

This act may be known and cited as "The Land Reclamation Act".

(L. 1971 H.B. 519 § 1)

444.787 - Investigation by commission, attorney general to file suit — formal complaint procedure.

1.The commission shall investigate surface mining operations in the state of Missouri.If the investigations show that surface mining is being or is going to be conducted without a permit in violation of sections 444.760 to 444.790 or in violation of any revocation order, and the commission has not issued a variance, the commission shall request the attorney general to file suit in the name of the state of Missouri for an injunction and civil penalties not to exceed one thousand dollars per day for each day, or part thereof, the violation has occurred.Suit may be filed either in the county where the violation occurs or in Cole County.

2.If the investigation shows that a surface mining operation for which a permit has been issued is being conducted contrary to or in violation of any provision of sections 444.760 to 444.790 or any rule or regulation promulgated by the commission or any condition imposed on the permit or any condition of the bond, the director may by conference, conciliation and persuasion endeavor to eliminate the violation.If the violation is not eliminated, the director shall provide to the operator by registered mail a notice describing the nature of the violation, corrective measures to be taken to abate the violation, and the time period for abatement.Within fifteen days of receipt of this notice the operator may request an informal conference with the director to contest the notice.The director may modify, vacate or enforce the notice and shall provide notice to the operator of his action within thirty days of the informal conference.If the operator fails to comply with the notice, as amended by the director, in the time prescribed within the notice, the director shall file a formal complaint with the commission for suspension or revocation of the permit, and for forfeiture of bond, or for appropriate corrective measures.When the director files a formal complaint, the commission shall cause to have issued and served upon the person complained against a written notice together with a copy of the formal complaint, which shall specify the provision of sections 444.760 to 444.790 or the rule or regulation or the condition of the permit or of the bond of which the person is alleged to be in violation, a statement of the manner in, and the extent to which, the person is alleged to be in violation.The person complained against may, within fifteen days of receipt of the complaint, request a hearing before the commission.Such hearing shall be conducted in accordance with the provisions of section 444.789.

3.After due consideration of the hearing record, or upon failure of the operator to request a hearing by the date specified in the complaint, the commission shall issue and enter such final order and make such final determination as it shall deem appropriate under the circumstances.Included in such order and determination may be the revocation of any permit and to cease and desist operations.The commission shall immediately notify the respondent of its decision in writing by certified mail.

4.Any final order or determination or other final action by the commission shall be approved in writing by at least four members of the commission.The commission shall not issue any permit to any person who has had a permit revoked until the violation that caused the revocation is corrected to the satisfaction of the commission.Any final order of the commission can be appealed in accordance with chapter 536.

(L. 1990 H.B. 1584, A.L. 1991 S.B. 45, A.L. 2001 H.B. 453)

444.660 - Additional time, granted when.

The commission may grant such additional time for meeting with the completion dates required by sections 444.500 to 444.755 as are necessary due to an act of God, war, strike, riot or other catastrophe.

(L. 1971 S.B. 1 § 19)

444.560 - Reclamation plan required, contents.

The application for a permit shall be accompanied by a plan of reclamation that meets the requirements of sections 444.500 to 444.755, and the rules and regulations promulgated under them, and shall contain a verified statement by the operator setting forth the proposed method of operation, grading, reclamation and conservation plan for the affected area including dates and approximate time of completion, and stating that the operation will meet the requirements of sections 444.500 to 444.755 and any rule or regulation promulgated under them.

(L. 1971 S.B. 1 § 6)

444.535 - Rules and regulations, commission shall make — variances, procedures, conditions — section not to apply, when.

1.In addition to the other powers and duties prescribed by law, the commission shall adopt and promulgate rules and regulations adequate to require the operator, with respect to strip mining of coal, to:

(1)Restore, within a reasonable time, any area which has been mined upon prime farmland to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management, and in connection therewith:

(a)Segregate the A horizon of the natural soil, except where it can be shown that other available soil materials will create a final soil having a greater productive capacity; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic materials;

(b)Segregate the B horizon of the natural soil, or underlying C horizons or other strata, or a combination of such horizons or other strata that are shown to be both texturally and chemically suitable for plant growth and that can be shown to be equally or more favorable for plant growth than the B horizon, in sufficient quantities to create in the regraded final soil a root zone of comparable depth and quality to that which existed in the natural soil; and if not utilized immediately, stockpile this material separately from other spoil, and provide needed protection from wind and water erosion or contamination by other acid or toxic materials;

(c)Replace and regrade the root zone material described in paragraph (b) of this subdivision with proper compaction and uniform depth over the regraded spoil material; and

(d)Redistribute and grade in a uniform manner the surface soil horizon described in paragraph (a) of this subdivision;

(e)Nothing in this subdivision shall apply to any permit issued prior to August 3, 1977, or to any revisions or renewals thereof, or to any existing strip mining operations for which a permit was issued prior to August 3, 1977;

(f)For the purposes of this subdivision, "prime farmland" shall mean that land which historically has been used for intensive agricultural purposes, and which meets the technical criteria established by the United States Secretary of Agriculture on the basis of such factors as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding, and erosion characteristics, as first published at 42 Federal Register 42359, August 23, 1977;

(2)Restore the affected land to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as such use or uses do not present any actual or probable hazard to public health or pose any actual or probable threat of water diminution or pollution, and the permit applicant's declared proposed land use following reclamation is not deemed to be impractical or unreasonable, inconsistent with applicable land use policies and plans, involves unreasonable delay in implementation, or is violative of federal, state or local law;

(3)Backfill, compact, where advisable to ensure stability or to prevent leaching of toxic materials, and grade in order to restore the approximate original contour of the land with all highwalls, spoil piles and depressions eliminated, unless small depressions are needed in order to retain moisture to assist revegetation; provided, however, that in strip mining which is carried out at the same location over a substantial period of time where the operation transects the coal deposit, and the thickness of the coal deposit relative to the volume of the overburden is large and where the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area are insufficient, giving due consideration to volumetric expansion, to restore the approximate original contour, the operator, at a minimum, shall backfill, grade and compact, where advisable, using all available overburden and other spoil and waste materials to attain the lowest practicable grade but not more than the angle of repose, to provide adequate drainage and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region; and provided, further, that in strip mining where the volume of overburden is large relative to the thickness of the coal deposit and where the operator demonstrates that due to volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour, the operator shall after restoring the approximate contour, backfill, grade and compact, where advisable, the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose, and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region, and that such overburden and spoil shall be shaped and graded in such a way as to prevent slides, erosion, and water pollution and is revegetated in accordance with the requirements of sections 444.500 to 444.755;

(4)Remove the topsoil from the land in a separate layer, replace it on the backfill area, or if not utilized immediately, segregate it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick growing plants or other means thereafter so that the topsoil is preserved from wind and water erosion, remains free of any contamination by any other acid or toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation, except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then the operator shall remove, segregate and preserve in a like manner such other strata which are best able to support vegetation;

(5)Minimize the disturbances to the prevailing hydrologic balance at the mine site and in associated off-site areas and to the quality and quantity of water in surface and ground water systems both during and after strip mining operations and during reclamation by:

(a)Avoiding acid or other toxic mine drainage by such measures as, but not limited to:

a.Preventing or removing water from contact with toxin producing deposits;

b.Treating drainage to reduce toxic content which adversely affects downstream water upon being released to watercourses; casing, sealing or otherwise managing boreholes, shafts, and wells and keep acid or other toxic drainage from entering ground and surface waters;

(b)Conducting strip mining operations so as to prevent, to the extent possible using the best technology available, additional contributions of suspended solids to stream flow, or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal laws;

(c)Constructing any siltation structures pursuant to paragraph (b) of this subdivision prior to commencement of strip mining operations, such structures to be certified by a registered professional engineer to be constructed as designed and approved in the reclamation plan;

(d) Cleaning out and removing temporary or large settling ponds or other siltation structures from drainways after disturbed areas are revegetated and stabilized, and depositing the silt and debris at a site and in a manner approved by the commission;

(e)Restoring recharge capacity of the mined area to approximate premining conditions;

(f)Avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;

(g)Such other actions as the commission may prescribe;

(6)Design, locate, construct, operate, maintain, enlarge, modify and remove or abandon, in accordance with the standards and criteria developed by the United States Secretary of the Interior pursuant to section 515(f) of Public Law 95-87, all existing and new coal mine waste piles consisting of mined wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used either temporarily or permanently as dams or embankments;

(7)Ensure that explosives are used only in accordance with existing state and federal law and the regulations promulgated by the commission, which shall include provisions to:

(a)Require adequate advance written notice by the operator to local governments and residents who might be affected by the use of such explosives by publication of the planned blasting schedule in a newspaper of general circulation in the locality and by mailing a copy of the proposed blasting schedule to every resident living within one-half mile of the proposed blasting site and by providing daily notice to residents or occupiers in such area prior to any blasting;

(b)Require the operator to maintain for a period of at least three years and make available for public inspection upon request a log detailing the location of the blast, the pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blast;

(c)Limit the kind of explosives and detonating equipment, the size, the timing and frequency of blasts based upon the physical conditions at the site so as to prevent injury to persons, damage to public and private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel or availability of ground or surface water outside the permit area;

(d)Require that all blasting operations be conducted by trained and competent persons as certified by the commission;

(e)Provide that upon the request of a resident or owner of a man-made dwelling or structure within one-half mile of any portion of the permitted area the operator shall conduct a preblasting survey of such structures and submit the survey to the commission and a copy to the resident or owner making the request.The area of the survey shall be decided by the commission and shall include such provisions as the United States Secretary of Interior shall promulgate;

(8)Establish on the regraded areas and all other lands affected, a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan; provided, however, that when the commission issues a written finding approving a long-term, intensive, agricultural postmining land use as part of the mining and reclamation plan, the commission may grant an exception to the requirement of permanent vegetative cover.

2.With respect to steep-slope strip mining, commission regulations shall provide, in addition to those general reclamation standards required by subsection 1 of this section, the following:

(1)Ensure that no debris, abandoned or disabled equipment, spoil material, or waste mineral matter be placed on the downslope below the bench or mining cut; provided, that spoil material in excess of that required for the reconstruction of the approximate original contour under the provisions of subdivision (3) of subsection 1 of this section or subdivision (2) of this subsection below shall be permanently stored in accordance with the following standards:

(a)Spoil is transported and placed in a controlled manner in position for concurrent compaction and in such a way to assure mass stability and to prevent mass movement;

(b)The areas of disposal are within the bonded permit area and all organic matter shall be removed immediately prior to spoil placement;

(c)Appropriate surface and internal drainage systems and diversion ditches are used so as to prevent spoil erosion and movement;

(d)The disposal area does not contain springs, natural watercourses or wet weather seeps unless lateral drains are constructed from the wet areas to the main underdrains in such a manner that filtration of the water into the spoil pile will be prevented;

(e)If placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the commission, the spoil could be placed in compliance with all the requirements of sections 444.500 to 444.755, and shall be placed, where possible, upon or above a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement;

(f)Where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is constructed;

(g)The final configuration is compatible with the natural drainage patterns and surroundings and suitable for intended uses;

(h)Design of the spoil disposal area is certified by a registered professional engineer in conformance with professional standards; and

(i)All other provisions of sections 444.500 to 444.755 are met;

(2)Complete backfilling with spoil materials shall be required to cover completely the highwall and return the site to the approximate original contour, which material will maintain stability following mining and reclamation;

(3)The operator may not disturb land above the top of the highwall unless the commission finds that such disturbance will facilitate compliance with the reclamation standards of this section; provided, however, that the land disturbed above the highwall shall be limited to the amount necessary to facilitate the compliance;

(4)For the purposes of this subsection, the term "steep slope" is any slope greater than twenty degrees or such lesser slope as may be defined by the commission after consideration of soil, climate, and other characteristics of the state or a region of the state;

(5)The provisions of this subsection shall not apply to those situations in which an operator is mining on flat or gently rolling terrain, on which an occasional steep slope is encountered through which the mining operation is to proceed, leaving a plain or predominantly flat area.

3.The commission may grant a variance from the requirement to restore to approximate original contour set forth in subdivision (2) of subsection 2 of this section where the owner of the surface knowingly requests in writing, as part of the permit application, that such a variance be granted so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public use, including recreational facilities, upon the following conditions:

(1)After consultation with the appropriate land use planning agencies, if any, the potential use of the affected land is deemed to constitute an equal or better economic or public use;

(2)The reclamation plan, included with the variance application, is designed and certified by a registered professional engineer in conformance with professional standards that the plan will assure the stability, drainage, and configuration necessary for the intended use of the site;

(3)After approval by the director of staff of the clean water commission of the department of natural resources, the watershed of the affected land is deemed to be improved;

(4)Only such amount of spoil is placed off the mine bench as is necessary to achieve the planned postmining land use, ensure stability of the spoil retained on the bench, meet all other requirements of sections 444.500 to 444.755, and all spoil placement off the mine bench must comply with paragraphs (a) through (i) of subdivision (1) of subsection 2 of this section;

(5)Watershed control of the area is improved, and complete backfilling with spoil materials shall be required to cover completely the highwall, which material will maintain stability following mining and reclamation.

4.The person seeking a variance under the provisions of subsection 3 of this section shall do so by filing a petition for variance with the director.The director shall investigate the petition and make a recommendation to the commission as to the disposition thereof.Upon receiving the recommendation of the director, if the recommendation is against the granting of a variance, a hearing shall be held, if requested by the petitioner within thirty days of the director's recommendation, as provided in section 444.690.If the recommendation of the director is for the granting of a variance, the commission may do so without hearing, except that upon the petition of any person who is or would be aggrieved by the granting of a variance, before or within thirty days after the commission's action, a hearing shall be held as provided in section 444.690.In any hearing under this section the burden of proof shall be on the person petitioning for a variance.

5.Any variance granted pursuant to subsection 3 of this section shall run concurrently with the permit year.A variance may be extended from year to year by affirmative action of the commission; provided, however, that no variance may be extended unless the operator affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan.

6.The variance shall be granted upon such terms and conditions as the commission deems appropriate to ensure compliance with the provisions of sections 444.500 to 444.755.Upon failure to comply with the terms and conditions of any variance as specified by the commission, the variance may be revoked or modified by the commission after a hearing held upon not less than thirty days' written notice to the operator, the owner of the surface, and any other person who has filed with the director a written request for such notification.The hearing shall be held in accordance with section 444.690.

7.Nothing contained in this section shall apply to:

(1)The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;

(2)The extraction of coal as an incidental and noncommercial part of federal, state, or local government-financed highway or other construction;

(3)The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the mineral tonnage removed for commercial use or sale; and

(4)Any strip mining operation where the operator removes no more than two hundred fifty tons of coal from any one location within twelve consecutive months.

(L. 1978 H.B. 934, A.L. 1988 H.B. 1836)

444.768 - Fee, bond, or assessment structure, comprehensive review — proposal to be submitted, approval by commission — rulemaking requirements.

*1.Notwithstanding any statutory fee amounts or maximums to the contrary, the director of the department of natural resources may conduct a comprehensive review and propose changes to the fee, bond, or assessment structure as set forth in this chapter.The comprehensive review shall include stakeholder meetings in order to solicit stakeholder input from regulated entities and any other interested parties.Upon completion of the comprehensive review, the department shall submit a proposed fee, bond, or assessment structure with stakeholder agreement to the Missouri mining commission.The commission shall review such recommendations at a forthcoming regular or special meeting, but shall not vote on the proposed structure until a subsequent meeting.If the commission approves, by vote of two-thirds majority, the fee, bond, or assessment structure recommendations, the commission shall authorize the department to file a notice of proposed rulemaking containing the recommended structure, and after considering public comments may authorize the department to file the final order of rulemaking for such rule with the joint committee on administrative rules pursuant to sections 536.021 and 536.024 no later than December first of the same year.If such rules are not disapproved by the general assembly in the manner set out below, they shall take effect on January first of the following calendar year, at which point the existing fee, bond, or assessment structure shall expire upon the effective date of the commission-adopted fee structure, contrary to subsection 12 of section 444.772.Any regulation promulgated under this subsection shall be deemed to be beyond the scope and authority provided in this subsection, or detrimental to permit applicants, if the general assembly within the first sixty days of the regular session immediately following the filing of such regulation disapproves the regulation by concurrent resolution.If the general assembly so disapproves any regulation filed under this subsection, the department and the commission shall not implement the proposed fee, bond, or assessment structure and shall continue to use the previous fee, bond, or assessment structure.The authority for the commission to further revise the fee, bond, or assessment structure as provided in this subsection shall expire on August 28, 2024.Any fee, bond, or assessment structure established pursuant to the process in this section shall expire on August 28, 2024.

2.Failure to pay any fee, bond, or assessment, or any portion thereof, referenced in this section by the due date may result in the imposition of a late fee equal to fifteen percent of the unpaid amount, plus ten percent interest per annum.Any order issued by the department under this chapter may require payment of such amounts.The department may bring an action in the appropriate circuit court to collect any unpaid fee, late fee, interest, or attorney's fees and costs incurred directly in fee collection.Such action may be brought in the circuit court of the county in which the facility is located, or in the circuit court of Cole County.

(L. 2014 S.B. 642, A.L. 2018 S.B. 782)

*Authority to revise fee, bond, or assessment structure expires 8-28-24.

444.368 - Financial assurance instrument required, form, amount — confidential information not to be released — duration, use, forfeiture — release of.

1.Before a permit can be issued, the operator shall file a demonstration of financial assurance in the form of a bond, certificate of deposit, letter of credit, insurance, company guarantee, escrow agreement or other form of financial assurance as approved by the director.

2.Any financial assurance instrument shall be in such form as the director prescribes, to the benefit of the state of Missouri, conditioned that the operator shall faithfully perform all terms of the permit and all requirements of sections 444.352 to 444.380.The financial assurance instrument shall be signed by the operator and shall be in the penal sum of one thousand dollars for each acre or fraction of an acre of the metallic minerals waste management area, but not less than twenty thousand dollars for each permit.In a particular instance where the circumstances are such as to warrant an exception, the director, in his discretion, may reduce the amount of the bond for a particular operation to less than the required amount, but in no event less than the minimum of twenty thousand dollars for each permit.

3.The financial assurance instrument shall remain in effect until the area has been closed, approved and released by the director.

4.If a bond is furnished, it shall be signed by the operator as principal, and by a good and sufficient corporate surety, licensed to do business in this state as surety.

5.No financial assurance instrument shall be cancelled or terminated by the operator except after no less than ninety days' notice and substitution by some other financial assurance approved by the director.An operator shall not operate a metallic minerals waste management area at any time without adequate financial assurance approved by the director.

6.In the event a company guarantee is furnished, it shall be in the form of a letter, duly executed by an officer of the company, guaranteeing the required amount of financial assurance, accompanied by a financial test statement demonstrating ownership of real property or mining rights in the state of Missouri of an assessed valuation of at least three times the amount of the required financial assurance.

7.In the event a company furnishes an "other form of financial assurance" as provided in subsection 1 of this section, which is in the form of a financial test based on information such as income, net worth, assets, liabilities, or working capital, and such information is not customarily disclosed by the company to the general public, such information, at the written request of the company, shall be confidential and shall not be disclosed by the director or employees of the department of natural resources.

8.The director shall give written notice to the operator of any violation of sections 444.352 to 444.380 and if corrective measures are not commenced within ninety days, the director may proceed as provided in section 444.378 to request forfeiture of the financial assurance.

9.The director may conduct remedial measures in keeping with provisions of sections 444.352 to 444.380 with respect to land upon which financial assurance has been forfeited.

10.Whenever an operator has completed all requirements for closure and inspection-maintenance under the conditions of this permit and the provisions of sections 444.352 to 444.380 as to any area, he shall notify the director.If the director determines that the operator has completed the requirements for any area or portion of an area, the director shall release the operator from further obligations regarding the affected land and the financial assurance shall be released or reduced proportionately.

(L. 1989 H.B. 321 § 8, A.L. 1993 H.B. 312 & 257)

444.960 - Fund, coal mine land reclamation, established, purpose, duties.

1.A "Coal Mine Land Reclamation Fund" is hereby established in the state treasury.Assessments paid pursuant to the provisions of section 444.965 shall be placed in this fund.If a permittee has filed a phase I reclamation bond pursuant to section 444.950, and then fails to complete the reclamation plan for any land for which he has received a permit, moneys within the fund shall be used by the commission to complete the reclamation after the proceeds from any applicable performance bond for such reclamation have been exhausted.Any penalty levied by the commission under section 444.970 shall be paid into the fund.

2.Any portion of the fund not immediately needed to pay for reclamation work shall be deposited by the state treasurer in interest-bearing accounts in the same manner as other state funds are so deposited, and the interest earned thereon shall be credited to the fund.

3.The fund shall be allowed to accumulate until it reaches the greater of seven million dollars or two thousand five hundred dollars times the number of acres within the state that have been mined but which have not been released by the commission as having been reclaimed.Moneys which accumulate above this ceiling shall be distributed to the contributing companies on an equitable basis as determined by the commission.

4.Notwithstanding other provisions of law, the fund shall not lapse at the end of any fiscal year, but shall be held separate and apart from other state funds and shall be used solely for the purposes authorized by the provisions of this section.

5.All moneys assessed for the coal mine land reclamation fund after September 1, 1988, shall be allocated such that forty percent of such assessments shall be applied to the reclamation of those permits that have been revoked by the commission prior to September 1, 1988, and sixty percent of such assessments shall be applied to the reclamation of those permits that have been revoked by the commission after September 1, 1988.All moneys within the coal mine land reclamation fund as of September 1, 1988, shall be allocated to the forty percent portion of the fund.After enough moneys have accumulated in the forty percent pool to complete reclamation of those permits that have been revoked by the commission prior to September 1, 1988, all moneys assessed to the coal mine land reclamation fund shall be allocated to the sixty percent fund.The moneys within the respective funds may be utilized by the commission on any aspect of reclamation.

(L. 1982 S.B. 737, A.L. 1986 S.B. 778, A.L. 1988 H.B. 1836, A.L. 1993 H.B. 312 & 257)

444.860 - Performance standards to be met in underground mining operations — rules and regulations.

1.The commission shall promulgate rules and regulations directed toward the surface effects of underground coal mining operations, embodying the following requirements; provided, however, that in adopting any rules and regulations the commission shall consider the distinct difference between surface coal mining and underground coal mining.

2.Each permit issued relating to underground coal mining shall require the operator to:

(1)Adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of such surface lands, except in those instances where the mining technology used requires planned subsidence in a predictable and controlled manner; provided, that nothing in this subsection shall be construed to prohibit the standard method of room and pillar mining;

(2)Seal all portals, entryways, drifts, shafts, or other openings between the surface and underground mine working when no longer needed for the conduct of the mining operations;

(3)Fill or seal exploratory holes no longer necessary for mining, maximizing to the extent technologically and economically feasible return of mine and processing waste, tailings, and any other waste incident to the mining operation, to the mine workings or excavations;

(4)With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine workings or excavations, stabilize all waste piles created by the permittee from current operations through construction in compacted layers including the use of incombustible and impervious materials if necessary and assure that the leachate will not degrade below water quality standards established pursuant to applicable federal and state law surface or ground waters and that the final contour of the waste accumulation will be compatible with natural surroundings and that the site is stabilized and revegetated according to the provisions of this section;

(5)Design, locate, construct, operate, maintain, enlarge, modify, and remove, or abandon all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes, and used either temporarily or permanently as dams or embankments in accordance with standards and criteria promulgated pursuant to subdivision (13) of subsection 2 of section 444.855;

(6)Establish on regraded areas and all other lands affected, a diverse and permanent vegetative cover capable of self-regeneration and plant succession and at least equal in extent of cover to the natural vegetation of the area;

(7)Protect offsite areas from damages which may result from such mining operations;

(8)Eliminate fire hazards and otherwise eliminate conditions which constitute a hazard to health and safety of the public;

(9)Minimize the disturbances of the prevailing hydrologic balance at the minesite and in associated offsite areas and to the quantity of water in surface ground water systems both during and after coal mining operations and during reclamation by:

(a)Avoiding acid or other toxic mine drainage by such measures as, but not limited to:

a.Preventing or removing water from contact with toxic producing deposits;

b.Treating drainage to reduce toxic content which adversely affects downstream water upon being released to watercourses;

c.Casing, sealing, or otherwise managing boreholes, shafts, and wells to keep acid or other toxic drainage from entering ground and surface waters; and

(b)Conducting surface coal mining operations so as to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the permit area (but in no event shall such contributions be in excess of requirements set by applicable state or federal law), and avoiding channel deepening or enlargement in operations requiring the discharge of water from mines;

(10)With respect to other surface impacts not specified in this subsection including the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities, operate in accordance with the standards established under section 444.855 for such effects which result from surface coal mining operations; provided, that the commission shall make such modifications in the requirements imposed by this subdivision as are necessary to accommodate the distinct difference between surface and underground coal mining;

(11)To the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the operation on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable;

(12)Locate openings for all new drift mines working acid-producing or iron-producing coal seams in such a manner as to prevent a gravity discharge of water from the mine.

3.In order to protect the stability of the land, the commission shall suspend underground coal mining under urbanized areas, cities, towns, and communities and adjacent to industrial or commercial buildings, major impoundments, or permanent streams if it finds imminent danger to inhabitants of the urbanized areas, cities, towns, and communities.

4.The provisions of this law are applicable to surface operations and surface impacts incident to an underground coal mine with such modifications to the permit application requirements, permit approval or denial procedures, bond requirements and other appropriate requirements as are necessary to accommodate the distinct difference between surface and underground coal mining.The commission shall promulgate rules and regulations setting forth such modifications.

(L. 1979 H.B. 459)

444.778 - Bond — form — amount — duration — forfeiture — power of reclamation.

1.Any bond herein provided to be filed with the commission by the operator shall be in such form as the director prescribes, payable to the state of Missouri, conditioned that the operator shall faithfully perform all requirements of sections 444.760 to 444.790 and comply with all rules of the commission made in accordance with the provisions of sections 444.760 to 444.790.The bond shall be signed by the operator as principal, and by a good and sufficient corporate surety, licensed to do business in this state, as surety.The operator shall file with the commission a bond payable to the state of Missouri with surety in the penal sum of eight thousand dollars for each permit up to eight acres and five hundred dollars for each acre thereafter that is to be mined.In addition, for each acre or portion thereof where topsoil has been removed from the site, an additional bond of four thousand five hundred dollars per acre shall be posted with the commission for each acre or portion thereof which will be revegetated, conditioned upon the faithful performance of the requirements set forth in sections 444.760 to 444.790 and of the rules and regulations of the commission.In lieu of a surety bond, the operator may furnish a bond secured by a personal certificate of deposit or irrevocable letter of credit in an amount equal to that of the required surety bond on conditions as prescribed by the commission.For any operator involved in any gravel mining operation where the annual tonnage of gravel mined by such operator is less than five thousand tons, such operator shall deposit a bond with the commission in the penal sum of five hundred dollars for each acre or portion thereof of land proposed thereafter by the operator to be subjected to surface mining for the mining permit year.

2.The bond shall remain in effect until the mined acreages have been reclaimed, approved and released by the commission.Forfeiture of such bond may be cause for denial of future permit applications.

3.A bond filed as above prescribed shall not be cancelled by the surety except after not less than ninety days' notice to the commission and, in any case, not as to the acreage affected prior to the expiration of the notice period.

4.If the license to do business in this state of any surety upon a bond filed with the commission pursuant to sections 444.760 to 444.790 shall be suspended, revoked, or cancelled, or if the surety should act to cancel the bond, the operator, within sixty days after receiving notice thereof from the commission, shall substitute for such surety a good and sufficient corporate surety licensed to do business in this state or a bond secured by a certificate of deposit.Upon failure of the operator to make substitution of surety as herein provided, the commission shall have the right to suspend the permit of the operator until such substitution has been made.

5.The commission shall give written notice to the operator of any violation of sections 444.760 to 444.790 or noncompliance with any of the rules and regulations promulgated by the commission hereunder and if corrective measures, approved by the commission, are not commenced within ninety days, the commission may proceed as provided in section 444.782 to request forfeiture of the bond.

6.The commission shall have the power to reclaim, in keeping with the provisions of sections 444.760 to 444.790, any affected land with respect to which a bond has been forfeited.The commission and any other agency and any contractor under a contract with the commission shall have reasonable right of access to the land affected to carry out such reclamation.The operator shall also have the right of access to the land affected to carry out such reclamation and shall notify the landowner on lease holdings that such right exists.

7.Whenever an operator shall have completed all requirements pursuant to the provisions of sections 444.760 to 444.790 as to any affected land, he or she shall notify the commission thereof.If the commission determines that the operator has completed the requirements, the commission shall release the operator from further obligations regarding the affected land and the penalty of the bond shall be reduced proportionately.

(L. 1971 H.B. 519 § 9, A.L. 1990 H.B. 1584, A.L. 1993 H.B. 312 & 257, A.L. 2001 H.B. 453)

444.378 - Violations, procedures to forfeit the financial assurance instrument, attorney general to assist, when.

The attorney general, upon request of the director, shall institute proceedings to have the financial assurance instrument of the operator forfeited for violation by the operator of any of the provisions of sections 444.352 to 444.380. Before making such request of the attorney general, the director shall notify the operator in writing of the alleged violation or noncompliance and shall afford the operator the right to appear before the director at a hearing to be held not less than thirty days after the consideration of the director statements, documents and other information with respect to the alleged violation.After the conclusion of the hearing, the director shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the financial assurance instrument of the operator forfeited as to the land involved.

(L. 1989 H.B. 321 § 13)

444.870 - Penalties, administrative and criminal, procedure.

1.Any permittee who violates any permit condition or any provision of the reclamation plan or who violates any provision of this law or rules and regulations may be assessed an administrative penalty by the commission, except that if such violation leads to the issuance of a cessation order under section 444.885 the penalty shall be assessed.Such penalty shall not exceed five thousand dollars for each violation.Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments.In determining the amount of the penalty, consideration shall be given to the permittee's history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.

2.An administrative penalty shall be assessed by the commission only after the person charged has been given an opportunity for a public hearing.When such a public hearing has been held, the commission shall make findings of fact and conclusions of law, and shall issue a written decision as to the occurrence of the violation and the amount of the penalty which is warranted, incorporating, when appropriate, an order therein requiring that the penalty be paid.When appropriate, the commission shall consolidate such hearings with other proceedings under section 444.885.Any hearing under this section shall be of record and shall be a contested case.The chairman may designate one commission member as hearing officer, or may appoint a member in good standing of the Missouri bar as hearing officer to hold the hearing and make recommendations to the commission, but the commission shall make the final decision therein and any member participating in the decision shall review the record before making decision.Where the person charged with such a violation fails to avail himself of the opportunity for a public hearing, an administrative penalty shall be assessed and ordered paid only after the commission has determined that a violation did occur and the amount of the penalty which is warranted.

3.When the director believes that a violation has occurred he may, or if a cessation order has resulted he shall, file with the commission and serve the operator by registered mail a notice charging a violation has occurred and setting forth the proposed amount of said penalty.The operator, if he wishes to contest either the amount of the penalty or the fact of the violation, may within thirty days of receipt of the notice request a hearing before the commission.The operator shall, with such request, file with the commission a penalty bond in the amount of the proposed penalty, in a form prescribed by the commission, with security attached in the form of a certificate of deposit, conditioned upon forfeiture upon a final nonappealable decision.If through administrative or judicial review, it is determined that no violation occurred, or that the amount of the penalty should be reduced, the commission shall within thirty days of such determination release said bond and remit the appropriate amount to the person, with interest at the rate of six percent, or at the prevailing United States Department of the Treasury rate, whichever is greater.Failure to file the bond with the request for hearing shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.

4.Administrative penalties, plus interest at the rate of six percent, or at the prevailing United States Department of the Treasury rate, whichever is greater, plus attorney's fees, may be recovered in a civil action brought by the attorney general at the request of the commission in the county where the violation occurred or in Cole County.

5.Any person who willfully and knowingly violates a condition of a permit or fails or refuses to comply with any order issued under section 444.885 or section 444.900, or any order incorporated in a final decision issued by the commission, except an order incorporated in a decision issued under subsection 2 of this section shall, upon conviction, be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than one year, or both.

6.Whenever a corporate permittee violates a condition of a permit or fails or refuses to comply with any order issued under section 444.885, or any order incorporated in a final decision issued by the commission, except an order incorporated in a decision issued under subsection 2 of this section, any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same administrative penalties, fines and imprisonment that may be imposed upon a person under subsections 1 and 5 of this section.

7.Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained shall, upon conviction, be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than one year, or both.

8.Any operator who fails to correct a violation for which a citation has been issued under subsection 1 of section 444.885 within the period permitted for its correction (which period shall not end until the entry of a final order by the commission, in the case of any review proceedings under section 444.895 initiated by the operator wherein the commission orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements, or until the entry of an order of the court, in the case of any review proceedings under section 444.900 initiated by the operator wherein the court orders the suspension of the abatement requirements of the citation) shall be assessed an administrative penalty by the commission of not less than seven hundred fifty dollars, nor more than five thousand dollars for each day during which such failure or* violation continues.

(L. 1979 H.B. 459, A.L. 1991 S.B. 45, A.L. 1993 H.B. 312 & 257)

*Word "of" appears in original rolls.

444.970 - Penalty — delinquency or failure to comply with assessment or reclamation plan.

1.The commission may impose a penalty of twenty-five cents per ton upon any permittee who is more than thirty days delinquent in paying the assessment due under the provisions of section 444.965.Such penalty shall remain in effect until the delinquency is eliminated.The commission may also require prepayment of any subsequent assessments.

2.If a permittee fails to complete a reclamation plan and the completion must be made by or on behalf of the commission, the permittee or any principal of the permittee or any entity in which a principal of the permittee is a principal or any entity controlled by or under common control with the permittee shall not operate in this state until the costs of such completion have been fully paid by the permittee.The commission may sue to recover from the permittee the cost of such completion.

3.In addition, if any permittee becomes substantially delinquent in completing his reclamation plan, a penalty of twenty-five cents per ton may be imposed by the commission.Such penalty shall remain in force until the delinquency is corrected.The commission may also require bonding, in addition to that of section 444.950, to fully insure the delinquent reclamation.

4.The general assembly is under no obligation to appropriate general revenue moneys to reclaim land mined under sections 444.805 to 444.970*.

(L. 1982 S.B. 737)

Effective 4-7-82

*Words "this act" appear in original rolls.

444.070 - Mining extending to adjoining lands, how determined.

When any owner, tenant or subtenant of a lot or lots or tracts of land, shall file with any associate circuit judge within the county in which said lot or lots or tract of land may be situated, his or her affidavit, or the affidavit of any other credible person for them, stating that from knowledge, information or belief, the party or parties owning, controlling or working the adjoining lot or lots or tract of land, and upon which said party or parties are sinking shafts, mining, excavating and running drifts, and that said drifts in which said parties are digging, mining and excavating mineral ore or veins of coal extend beyond the lines and boundaries of said lot or lots or tract of land, owned, controlled or worked by them, and have entered in and upon the premises of the party or parties making said affidavit, or for whom said affidavit is made, the associate circuit judge, after first being tendered his lawful fees, shall issue his written order and deliver or cause the same to be delivered to the county surveyor or his deputy, commanding him, after his reasonable fees have been tendered, to proceed without delay to survey said drift by entering any and all shafts upon said lot or lots or tract of land that he (the surveyor) may see fit, for the purpose of ascertaining the course and distance of said drift or drifts, and to locate the same upon the surface.

(RSMo 1939 § 14789)

Prior revisions: 1929 § 13599; 1919 § 7442; 1909 § 8414

444.170 - Diagram showing character and extent of mining operations to be filed in court — forfeiture for failure to comply.

1.At periodic times as directed by the circuit court, during the continuance of any mining license, every person, company or corporation carrying on such mining operations shall, at his or its* own expense, cause to be made by the county surveyor of the county where such mines are located, and filed with the court, under oath of such surveyor, a complete and true diagram of such mines, showing with reference to the boundaries of such mines, and the lots and lands of neighboring owners, the extent of such mines, their drifts, tunnels and excavations, giving the length and breadth of each drift, bank and tunnel, so as to fully inform the court and parties in interest of the extent and character of such mining operations.Such plats and diagrams shall remain on file with the clerk of such court, and shall not be removed by anyone from the files of such court.

2.Any failure to file the diagram and plat herein provided for, or to make such diagram show all the particulars herein provided for, shall work a forfeiture of the mining privileges of such person, company or corporation, which forfeiture the court shall, on the motion of any party in interest, declare on three days' notice to the party holding such license or privilege.

(RSMo 1939 § 14801, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 13611; 1919 § 7454; 1909 § 8426

Effective 1-02-79

*Word "their" appears in original rolls.

444.370 - Processing fee, annual permit fee — metallic minerals waste management fund, created, uses.

1.A processing fee of ten thousand dollars shall accompany the filing of the application for a facility or metallic minerals waste management area.An annual fee of seven thousand five hundred dollars per facility or metallic minerals waste management area shall be paid when the permit is approved and on each anniversary date thereafter until the determination is made that inspection-maintenance is no longer required.

2.All sums received through the payment of fees or the forfeiture of bonds pursuant to sections 444.352 to 444.380 shall be placed in the state treasury and credited to the "Metallic Minerals Waste Management Fund" which is hereby created.

3.After appropriations by the general assembly, the money in this fund shall be expended for the administration and enforcement of sections 444.352 to 444.380 and for any other purpose directly related to effective management of remediation of a metallic minerals waste management area.Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state.All income from such investments shall be deposited in the metallic minerals waste management fund.The provisions of section 33.080 to the contrary notwithstanding, moneys in the fund shall not lapse to general revenue until the amount in the fund is in excess of three million dollars, exclusive of the interest and security forfeiture proceeds.

4.The moneys collected from any forfeiture of a financial assurance instrument shall be expended upon the area for which the permit was issued and for which the instrument was given.

5.General revenue of the state may be appropriated for or expended only for the administration and enforcement of sections 444.352 to 444.380.

(L. 1989 H.B. 321 § 9, A.L. 1993 H.B. 312 & 257)

444.774 - Reclamation requirements and conditions.

1.Every operator to whom a permit is issued pursuant to the provisions of sections 444.760 to 444.790 may engage in surface mining upon the lands described in the permit upon the performance of and subject to the following requirements with respect to such lands:

(1)All ridges and peaks of overburden created by surface mining, except areas meeting the qualifications of subdivision (4) of this subsection, or where washing, cleaning or retaining ponds and reservoirs may be formed under subdivision (2) of this subsection, shall be graded to a rolling topography traversable by farm machinery, but such slopes need not be reduced to less than the original grade of that area prior to mining, and the slope of the ridge of overburden resulting from a box cut need not be reduced to less than twenty-five degrees from horizontal whenever the same cannot be practically incorporated into the land reclaimed for wildlife purposes pursuant to subdivision (4) of this subsection.In surface mining the operator shall remove all debris and materials not allowed by the reclamation plan before the bond or any portion thereof may be released;

(2)As a means of controlling damaging erosion, the director may require the operator to construct terraces or use such other measures and techniques as are necessary to control soil erosion and siltation on reclaimed land.Such erosion control measures and techniques may also be required on overburden stockpiles if the erosion is causing environmental damage outside the permit area.In determining the grading requirements to restore barite pit areas, the sidewalls of the excavation shall be graded to a point where it blends with the surrounding countryside, but in no case should the contour be such that erosion and siltation be increased;

(3)In the surface mining of tar sands, the operator shall recover and collect all spent sands and other refuse yielded from the processing of tar sands, whether such spent sands and refuse are produced at the surface mine or elsewhere, in the manner prescribed by the commission as conditions of the permit, and shall finally dispose of such spent sands and refuse in the manner prescribed by the commission as conditions of the permit and in accordance with the provisions of sections 444.760 to 444.790;

(4)Up to and including twenty-five percent of the total acreage to be reclaimed each year need not be graded to a rolling topography if the land is reclaimed for wildlife purposes as required by the commission, except that all peaks and ridges shall be leveled off to a minimum width of thirty feet or one-half the diameter of the base of the pile at the original ground surface whichever is less;

(5)Surface mining operations that remove and do not replace the lateral support shall not, unless mutually agreed upon by the operator and the adjacent property owner, remove the lateral support in the vicinity of any established right-of-way line of any public road, street or highway closer than a distance equal to twenty-five feet plus one and one-half times the depth of the unconsolidated material from such right-of-way line to the beginning of the excavation; except that, unless granted a variance by the commission, the minimum distance is fifty feet.The provisions of this subdivision shall apply to all existing surface mining operations beginning August 28, 1990, except as provided in subsection 3 of section 444.770;

(6)If surface mining is or has been conducted up to the minimum distance as defined in subdivision (5) of this subsection along an established right-of-way line of any public road, street or highway, a barrier or berm of adequate height shall be placed or constructed along the perimeter of the excavation.Adequate height shall mean a height of no less than three feet.Such barriers or berms shall not be required if barriers, berms or guardrails already exist on the adjoining right-of-way.Barriers or berms of adequate height may also be required by the commission when surface mining is or has been conducted up to the minimum distance as defined in subdivision (5) of this subsection along other property lines, but only as necessary to mitigate serious and obvious threats to public safety;

(7)The operator may construct earth dams to form lakes in pits resulting from the final cut in a mining area; except that, the formation of the lakes shall not interfere with underground or other mining operations or damage adjoining property and shall comply with the requirements of subdivision (8) of this subsection;

(8)The operator shall cover the exposed face of a mineral seam where acid-forming materials are present to a depth of not less than two feet with earth that will support plant life or with a permanent water impoundment, terraced or otherwise so constructed as to prevent a constant inflow of water from any stream and to prevent surface water from flowing into such impoundment in such amounts as will cause runoff or spillage from said impoundment in a volume which will cause kills of fish or animals downstream.The operator shall cover an exposed deposit of tar sands, including an exposed face thereof, to a depth of not less than two feet with earth that will support plant life, and in addition may cover such deposit or face with a permanent water impoundment as provided above; however, no water impoundment shall be so constructed as to allow a permanent layer of oil or other hydrocarbon to collect on the surface of such impoundment in an amount which will adversely affect fish, wildfowl and other wildlife in or upon such impoundment;

(9)The operator shall reclaim all affected lands except as otherwise provided in sections 444.760 to 444.790.The operator shall determine on company-owned land, and with the landowners on leased land for leases that are entered into after August 28, 1990, which parts of the affected land shall be reclaimed for forest, pasture, crop, horticultural, homesite, recreational, industrial or other use including food, shelter, and ground cover for wildlife;

(10)The operator, with the approval of the commission, shall sow, set out or plant upon the affected land, seeds, plants, cuttings of trees, shrubs, grasses or legumes.The plantings or seedings shall be appropriate to the type of reclamation designated by the operator on company-owned land and with the owner on leased land for leases entered into after August 28, 1990, and shall be based upon sound agronomic and forestry principles;

(11)Surface mining operations conducted in the flood plains of streams and rivers, and subject to periodic flooding, may be exempt from the grading requirements contained in this section if it can be demonstrated to the commission that such operations will be unsafe to pursue or ineffective in achieving reclamation required in this section because of the periodic flooding;

(12)Such other requirements as the commission may prescribe by rule or regulation to conform with the purposes and requirements of sections 444.760 to 444.790.

2.An operator shall commence the reclamation of the area of land affected by its operation as soon as possible after the completion of surface mining of viable mineral reserves in any portion of the permit area in accordance with the plan of reclamation required by subsection 9 of section 444.772, the rules and regulations of the commission, and the conditions of the permit.Grading shall be completed within twelve months after mining of viable mineral reserves is complete in that portion of the permit area based on the operator's prior mining practices at that site.Mining shall not be deemed complete if the operator can provide credible evidence to the director that viable mineral reserves are present.The seeding and planting of supporting vegetation, as provided in the reclamation plan, shall be completed within twenty-four months after with mining has been completed survival of such supporting vegetation by the second growing season.

3.With the approval of the director, the operator may substitute for all or any part of the affected land to be reclaimed an equal number of acres of land previously mined and not reclaimed.If any area is so substituted the operator shall submit a map and reclamation plan of the substituted area, and this map and reclamation plan shall conform to all requirements with respect to other maps and reclamation plan required by section 444.772.The operator shall be relieved of all obligations pursuant to sections 444.760 to 444.790 with respect to the land for which substitution has been permitted.On leased land, the landowner shall grant written approval to the operator for substitutions made pursuant to this subsection.

4.The operator shall file a report with the commission within sixty days after the date of expiration of a permit stating the exact number of acres of land affected by the operation, the extent of the reclamation already accomplished, and such other information as may be required by the commission.

5.The operator shall ensure that all affected land where vegetation is to be reestablished is covered with enough topsoil or other approved material in order to provide a proper rooting medium.No topsoil or other approved material is required to be placed on areas described in subdivision (4) of subsection 1 of this section or on any areas to be reclaimed for industrial uses as specified in the reclamation plan.

6.The commission may grant such additional time for meeting with the completion dates required by sections 444.760 to 444.790 as are necessary due to an act of God, war, strike, riot, catastrophe, or other good cause shown.

(L. 1971 H.B. 519 § 7, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453, A.L. 2009 H.B. 246)

444.925 - Entry upon property by commission staff, procedure — acquisition of land by commission — use and disposal of land — price — public hearings.

1.If the commission, pursuant to an approved state program, makes a finding of fact that:

(1)Land or water resources have been adversely affected by past coal mining practices; and

(2)The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and

(3)The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or

(4)The owners will not give permission to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices; then, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising once in a newspaper of general circulation in the county in which the land lies, the commission, its agents, employees, or contractors, shall have the right to enter upon the property adversely affected by past coal mining practices and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects.Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon.The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry; provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities.

2.The commission, its agents, employees, or contractors shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects.Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor trespass thereon.

3.The commission may acquire any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the commission determines that acquisition of such land is necessary to successful reclamation and that:

(1)The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and

(2)Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices; or

(3)Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of sections 444.915 to 444.940 or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.

4.Title to all lands acquired pursuant to this section shall be in the name of the state.The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices.

5.Where land acquired pursuant to this section is deemed to be suitable for industrial, commercial, residential, or recreational development, the commission may sell such land by public sale under a system of competitive bidding, at not less than fair market value and under such other regulations promulgated to insure that such lands are put to proper use consistent with local and state land use plans, if any.

6.The commission, when requested after appropriate public notice shall hold a public hearing, with the appropriate notice, in the county or counties in which lands acquired pursuant to this section are located.The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or* disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.

(L. 1979 H.B. 459)

*Word "of" appears in original rolls.

444.825 - Reclamation plan contents — confidential items.

1.Each reclamation plan submitted as part of a permit application shall include, in the degree of detail necessary to demonstrate that reclamation required can be accomplished, a statement of:

(1)The identification of the lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought;

(2)The condition of the land to be covered by the permit prior to any mining, including:

(a)The uses existing at the time of the application and if the land has a history of previous mining, the uses which preceded any mining;

(b)The capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover, and, if applicable, a soil survey prepared pursuant to subdivision (16) of subsection 2 of section 444.820; and

(c)The productivity of the land prior to mining, including appropriate classification as prime farm lands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management;

(3)The use which is proposed to be made of the land following reclamation, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to existing land use policies and plans, and the comments of any owner of the surface and local governments or agencies thereof which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation;

(4)A detailed description of how the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;

(5)The engineering techniques and a description of the major equipment proposed to be used in mining and reclamation; a plan for the control of surface water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate revegetation; a plan for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in subdivision (7) of subsection 2 of section 444.855, for those food, forage, and forest lands identified in subdivision (7) of subsection 2 of section 444.855; an estimate of the cost per acre of the reclamation, including a statement as to how the permittee plans to comply with each of the requirements set out in section 444.855;

(6)The consideration which has been given to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future can be minimized;

(7)A detailed estimated timetable for the accomplishment of each major step in the reclamation plan;

(8)The consideration which has been given to making the surface mining and reclamation operations consistent with surface owner plans, and applicable local land use plans and programs;

(9)The steps to be taken to comply with applicable air and water quality laws and regulations and any applicable health and safety standards;

(10)The consideration which has been given to developing the reclamation plan in a manner consistent with local physical environmental, and climatological conditions;

(11)All lands, interests in lands, or options on such interests held by the applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the areas to be covered by the permit;

(12)The results of test borings which the applicant has made at the area to be covered by the permit, or other equivalent information and data in a form satisfactory to the commission, including the location of subsurface water, and an analysis of the chemical properties including acid forming properties of the mineral and overburden; provided, that information which pertains only to the analysis of the chemical and physical properties of the coal (excepting information regarding such mineral or elemental contents which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record;

(13)A detailed description of the measures to be taken during the mining and reclamation process to assure the protection of:

(a)The quality of surface and ground water systems, both on- and offsite, from adverse effects of the mining and reclamation process;

(b)The rights of present users to such water; and

(c)The quantity of surface and ground water systems, both on- and offsite, from adverse effects of the mining and reclamation process or to provide alternative sources of water where such protection of quantity cannot be assured;

(14)Such other requirements as the commission shall prescribe by rules and regulations.

2.Any information required by this section which is not on public file pursuant to this law shall be held in confidence by the commission.

(L. 1979 H.B. 459)

444.670 - Commission may inspect and search — warrant, where obtained.

Commission members and authorized representatives of the commission may at all reasonable times enter upon any lands being strip mined for the purpose of inspection to determine whether the provisions of sections 444.500 to 444.755 have been complied with.No person shall refuse entry or access requested for purpose of inspection, to any member of the commission or authorized representative who presents appropriate credentials, nor obstruct or hamper any such person in carrying out the inspection.A suitably restricted search warrant, describing the place to be searched and showing probable cause in writing and upon written oath or affirmation by any member of the commission or authorized representative, shall be issued by any circuit judge or associate circuit judge in the county where the search is to be made.

(L. 1971 S.B. 1 § 20, A.L. 1978 H.B. 1634)

Effective 1-02-79

444.770 - Permit required, when — release of certain bonds — complaints, requirements.

1.It shall be unlawful for any operator to engage in surface mining without first obtaining from the commission a permit to do so, in such form as is hereinafter provided, including any operator involved in any gravel mining operation where the annual tonnage of gravel mined by such operator is less than five thousand tons, except as provided in subsection 2 of this section.

2.(1)A property owner or operator conducting gravel removal at the request of a property owner for the primary purpose of managing seasonal gravel accretion on property not used primarily for gravel mining, or a political subdivision who contracts with an operator for excavation to obtain sand and gravel material solely for the use of such political subdivision shall be exempt from obtaining a permit as required in subsection 1 of this section.Such gravel removal shall be conducted solely on the property owner's or political subdivision's property and shall be in accordance with department guidelines, rules, and regulations.The property owner shall notify the department before any person or operator conducts gravel removal from the property owner's property if the gravel is sold.Notification shall include the nature of the activity, name of the county and stream in which the site is located and the property owner's name.The property owner shall not be required to notify the department regarding any gravel removal at each site location for up to one year from the original notification regarding that site.The property owner shall renotify the department before any person or operator conducts gravel removal at any site after the expiration of one year from the previous notification regarding that site.At the time of each notification to the department, the department shall provide the property owner with a copy of the department's guidelines, rules, and regulations relevant to the activity reported.Said guidelines, rules and regulations may be transmitted either by mail or via the internet.

(2)The annual tonnage of gravel mined by such property owner or operator conducting gravel removal at the request of a property owner shall be less than two thousand tons, with a site limitation of one thousand tons annually.Any operator conducting gravel removal at the request of a property owner that has removed two thousand tons of sand and gravel material within one calendar year shall have a watershed management practice plan approved by the commission in order to remove any future sand or gravel material the remainder of the calendar year.The application for approval shall be accompanied by an application fee equivalent to the fee paid under section 444.772 and shall contain the name of the watershed from which the operator will be conducting sand and gravel removal, the location within the watershed district that the sand and gravel will be removed, and the description of the vehicles and equipment used for removal.Upon approval of the watershed management practice plan, the department shall provide a copy of the relevant commission regulations to the operator.

(3)No property owner or operator conducting gravel removal at the request of a property owner for the primary purpose of managing seasonal gravel accretion on property not used primarily for gravel mining shall conduct gravel removal from any site located within a distance, to be determined by the commission and included in the guidelines, rules, and regulations given to the property owner at the time of notification, of any building, structure, highway, road, bridge, viaduct, water or sewer line, and pipeline or utility line.

3.Sections 444.760 to 444.790 shall apply only to those areas which are opened on or after January 1, 1972, or to the extended portion of affected areas extended after that date.The effective date of this section for minerals not previously covered under the provisions of sections 444.760 to 444.790 shall be August 28, 1990.

4.All surface mining operations where land is affected after September 28, 1971, which are under the control of any government agency whose regulations are equal to or greater than those imposed by section 444.774, are not subject to the further provisions of sections 444.760 to 444.790, except that such operations shall be registered with the Missouri mining commission.

5.Any portion of a surface mining operation which is subject to the provisions of sections 260.200 to 260.245 and the regulations promulgated thereunder, shall not be subject to the provisions of sections 444.760 to 444.790, and any bonds or portions thereof applicable to such operations shall be promptly released by the commission, and the associated permits cancelled by the commission upon presentation to it of satisfactory evidence that the operator has received a permit pursuant to section 260.205 and the regulations promulgated thereunder.Any land reclamation bond associated with such released permits shall be retained by the commission until presentation to the commission of satisfactory evidence that:

(1)The operator has complied with sections 260.226 and 260.227, and the regulations promulgated thereunder, pertaining to closure and postclosure plans and financial assurance instruments; and

(2)The operator has commenced operation of the solid waste disposal area or sanitary landfill as those terms are defined in chapter 260.

6.Notwithstanding the provisions of subsection 1 of this section, any political subdivision which uses its own personnel and equipment or any private individual for personal use may conduct in-stream gravel operations without obtaining from the commission a permit to conduct such an activity.

7.Any person filing a complaint of an alleged violation of this section with the department shall identify themself by name and telephone number, provide the date and location of the violation, and provide adequate information, as determined by the department, that there has been a violation.Any records, statements, or communications submitted by any person to the department relevant to the complaint shall remain confidential and used solely by the department to investigate such alleged violation.

(L. 1971 H.B. 519 § 5, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453, A.L. 2009 H.B. 246, A.L. 2014 S.B. 642)

444.570 - Bond, amount — commission may waive.

Before the issuance of the permit, the operator shall file with the commission, in such form as the commission prescribes, a bond payable to the state treasurer, conditioned that the operator shall faithfully perform all requirements of the commission in accordance with the provisions of sections 444.500 to 444.755, any such rules and regulations pursuant thereto, and conditions in the permit.The bond shall be signed by the operator as principal, and by a corporate surety licensed to do business in the state of Missouri and approved by the commission.In lieu of a bond with surety, an applicant may furnish to the commission a personal bond, on conditions as above described, secured by a certificate of deposit in an amount equal to that of the required surety bond.The penal sum of the bond shall be determined by the commission at not less than three hundred dollars nor more than seven hundred dollars for coal for each acre, or fraction thereof, of the area of land affected, with a minimum bond of two thousand dollars, except that the commission may by regulation waive the minimum bond or acreage bond, or both, as to any class of operators who do not affect more than one acre of land annually, where the strip mining operation will not, in the judgment of the commission, result in significant harmful effects on the air, water, land, fish, wildlife or other natural resources of the state.In determining the amount of the bond within the above limits, the commission shall take into consideration the character and nature of the overburden, the future suitable use of the land involved and the cost of reclamation to be required.The bond shall remain in effect until the mined acreages have been reclaimed, approved and released by the commission.Upon receipt of the permit application, the fee provided for in section 444.540 and the filing of the bond provided for in this section, the commission shall issue the permit if the operator meets the requirements of sections 444.500 to 444.755 and the rules and regulations of the commission adopted pursuant to section 444.720.

(L. 1971 S.B. 1 § 8, A.L. 1976 S.B. 646, A.L. 1980 H.B. 1839, A.L. 1990 H.B. 1584)

444.850 - Publication of intent — notification to local governments — comments and objections may be filed, procedure — conferences, findings — hearings — appeals.

1.At the time of submission of an application for a surface coal mining and reclamation permit, or renewal or revision of an existing permit, the applicant shall submit a copy of his advertisement of the ownership, precise location, and boundaries of the land to be affected.At the time of submission such advertisement shall be placed by the applicant in a local newspaper of general circulation in the locality of the proposed surface mine at least once a week for four consecutive weeks.The director shall within ten days after the application is filed notify various local governmental bodies, planning agencies, sewage and water treatment authorities, and water companies in the locality in which the proposed surface mining will take place, notifying them of the operator's intention to surface mine a particularly described tract of land and indicating the application's permit number and where a copy of the proposed mining and reclamation plan may be inspected.These local bodies, agencies, authorities, or companies may submit written comments within sixty days after the application is filed on the mining applications with respect to the effect of the proposed operation on the environment which are within their area of responsibility.Such comments shall immediately be transmitted to the applicant by the director and shall be made available to the public at the same locations as are the mining applications.

2.Any person having an interest which is or may be adversely affected or the officer or head of any federal, state, or local governmental agency or authority shall have the right to file written objections to the proposed initial or revised or renewal application for a permit for surface coal mining and reclamation operation with the director within sixty days after the application is filed.Such objections shall immediately be transmitted to the applicant by the director and shall be made available to the public.The applicant or the objector may, within thirty days after filing of objections, request an informal conference with the director.The director shall hold an informal conference in the locality of the proposed mining, if requested, within thirty days of the receipt of such request.The date, time and location of such informal conference shall be advertised by the director in a newspaper of general circulation in the locality at least two weeks prior to the scheduled conference date.The director may arrange with the applicant, upon request by any party to the administrative proceeding, access to the proposed mining area for the purpose of gathering information relevant to the proceeding.An electronic or stenographic record shall be made of the conference proceeding, unless waived by all parties.Such record shall be maintained and shall be accessible to the parties until final release of the applicant's performance bond.In the event all parties requesting the informal conference stipulate agreement prior to the requested informal conference and withdraw their request, such informal conference need not be held.

3.If an informal conference has been held, the director shall make written findings granting, requiring modification of or denying the permit in whole or in part and stating the reasons therefor, within sixty days of said conference, and shall furnish the applicant and all parties to the proceedings a copy of said findings.

4.If there has been no informal conference, the director shall, within sixty days after the last publication of notice in subsection 1, make written findings granting, requiring modification of or denying the permit in whole or in part and stating the reasons therefor, and shall furnish the applicant a copy of said findings.

5.If the application is approved, the permit shall be issued.If the application is disapproved, specific reasons therefor must be set forth in the notification.Within thirty days after the applicant is notified of the final decision of the director on the permit application, the applicant or any person with an interest which is or may be adversely affected may request a hearing on the reasons for final determination.The commission shall hold a hearing within thirty days of such request and provide notification to all interested parties at the time that the applicant is so notified.Such hearing shall be of record and a contested case.The chairman may designate one commission member as hearing officer, or may appoint a member in good standing of the Missouri Bar as hearing officer to hold the hearing and make recommendations to the commission, but the commission shall make the final decision thereon, and any commission member participating in the decision shall review the record before making decision.Within thirty days after the hearing the commission shall issue and furnish the applicant, and all persons who participated in the hearing, with the written decision of the commission granting, requiring modification of or denying the permit in whole or in part and stating the reasons therefor.

6.Where a hearing is requested pursuant to subsection 5 the commission may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:

(1)All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;

(2)The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and

(3)Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.

7.For the purpose of such hearing, the commission or hearing officer may administer oaths, subpoena witnesses, or written or printed materials, compel attendance of the witnesses, or production of the materials, and take evidence including but not limited to site inspections of the land to be affected and other surface coal mining operations carried on by the applicant in the general vicinity of the proposed operation.A verbatim record of each public hearing shall be made, and a transcript made available on the motion of any party or by order of the commission.

8.Any applicant or any person with an interest which is or may be adversely affected who has participated in the administrative proceedings, and who is aggrieved by the decision of the commission or if the commission fails to act within the time limits specified, shall have the right to appeal in accordance with section 444.900.

(L. 1979 H.B. 459)

(2004) Subsection 8 of section does not confer standing on basis of status as economic competitor of permit applicant.Continental Coal, Inc. v. Missouri Land Reclamation Commission, 150 S.W.3d 371 (Mo.App.W.D.).

444.950 - Phase I reclamation bond requirements — rules, procedure to adopt — rights and duties of mine owners.

1.An applicant shall, consistent with the timing provided for in subsection 1 of section 444.830, file a phase I reclamation bond pursuant to this section.The phase I reclamation bond shall be a minimum of two thousand five hundred dollars per permitted acre for every acre permitted and bonded on August 28, 1993, unless the phase I reclamation bond has been released pursuant to section 444.875, except that it shall be a minimum of ten thousand dollars per acre for the coal preparation area.The phase I reclamation bond for areas other than coal preparation areas may be adjusted annually by the commission based upon calculations conducted by the director, but shall not be increased by more than two hundred fifty dollars per year per acre or a maximum of five thousand dollars per acre.The phase I bond for coal preparation areas may also be adjusted annually by the commission based upon calculations conducted by the director, but shall not be increased by more than five hundred dollars per year per acre or a maximum of fifteen thousand dollars per acre.The changes shall be proposed by the commission through the normal rulemaking process.The calculations of the minimum phase I reclamation bond amount required shall depend upon the reclamation requirements of the approved permits, and shall reflect the probable difficulty of reclamation, giving consideration to such factors as site topography, geology, hydrology, and revegetation potential.In no case shall the phase I reclamation bond be less than ten thousand dollars per permit, except that for those operators with less than one thousand bonded acres, the minimum bond shall be the equivalent of twenty acres of phase I reclamation bond for each acre of open pit, as determined by the approved mining plan.For the purposes of this section, the open pit shall be the area between the crest of the highwall to the toe of the spoil.

2.No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

3.The phase I reclamation bond shall be executed by the operator and a corporate surety licensed to do business in the state, except that the operator may elect to deposit cash, irrevocable letters of credit, negotiable bonds of the United States government or of the state of Missouri, or negotiable certificates of deposit of any bank organized or transacting business in the United States.The cash deposit or market value of such securities shall be equal to or greater than the amount of the bond required for the bonded area.

4.The commission may accept the phase I reclamation bond of the applicant himself without the separate surety provided for in subsection 3* of this section when the applicant demonstrates to the satisfaction of the commission the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self-insure or bond such amount or, in lieu of the establishment of a bonding program, as set forth in this section, the commission may adopt an alternative system that will achieve the objectives and purposes of the bonding program pursuant to this section, and which is consistent with or pursuant to the purposes of P.L. 95-87, the Surface Mining Control and Reclamation Act.

5.Liability under the phase I reclamation bond will continue until the commission determines that phase I reclamation has been completed, whereupon the commission may release no less than eighty percent of the phase I reclamation bond.The remaining phase I reclamation bond shall remain in effect until phase III liability is released.In the event of forfeiture, the total amount of the phase I reclamation bond filed shall be available for the completion of all phases of reclamation.

(L. 1982 S.B. 737, A.L. 1986 S.B. 778, A.L. 1987 H.B. 669, A.L. 1988 H.B. 1836, A.L. 1993 H.B. 312 & 257, A.L. 1995 S.B. 3)

*"Subsection 9" appears in original rolls.

444.358 - Permit required, when.

No later than six months after August 28, 1989, for active metallic minerals waste management areas presently operating under a National Pollutant Discharge Elimination System (NPDES) permit, or dam safety registration, or both, or within ninety days after filing an application for an NPDES construction permit or dam safety construction permit, whichever is applied for first, the operator shall apply to the director for a metallic minerals waste management area permit.The application shall contain, but is not limited to, a schedule and plan for closure and inspection-maintenance of the waste management area, which is to be implemented when the useful operating life of the waste management area is complete or when there is permanent cessation of the operation.

(L. 1989 H.B. 321 § 4)

444.350 - Citation of law.

Sections 444.352 to 444.380 may be known and cited as the "Metallic Minerals Waste Management Act".

(L. 1989 H.B. 321 § 1)

444.905 - Severability — rights retained — replacement of water — explosives regulations.

1.If any provision of this law or the applicability thereof to any person or circumstance is held invalid, the remainder of this law and the application of such provision to other persons or circumstances shall not be affected thereby.

2.Nothing in this law shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation.

3.The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such surface coal mine operation.

4.In accordance with this law, the commission shall promulgate regulations requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations.

(L. 1979 H.B. 459)

444.805 - Definitions.

As used in this law, unless the context clearly indicates otherwise, the following words and terms mean:

(1)"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 and spoil piles eliminated; water impoundments may be permitted where the commission determines that they are in compliance with subdivision (8) of subsection 2 of section 444.855;

(2)"Coal preparation area", that portion of the permitted area used for the beneficiation of raw coal and structures related to the beneficiation process such as the washer, tipple, crusher, slurry pond or ponds, gob pile and all waste material directly connected with the cleaning, preparation and shipping of coal, but does not include subsurface coal waste disposal areas;

(3)"Coal preparation area reclamation", the reclamation of the coal preparation area by disposal or burial or both of coal waste according to the approved reclamation plan, the replacement of topsoil, and initial seeding;

(4)"Commission", the Missouri mining commission created by section 444.520;

(5)"Director", the staff director of the Missouri mining commission;

(6)"Federal lands", any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian lands;

(7)"Federal lands program", a program established by the United States Secretary of the Interior to regulate surface coal mining and reclamation operations on federal lands;

(8)"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 this law 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;

(9)"Operator", any person engaged in coal mining;

(10)"Permit", a permit to conduct surface coal mining and reclamation operations issued by the commission;

(11)"Permit area", the area of land indicated on the approved map submitted by the operator with his application, which area of land shall be covered by the operator's bond and shall be readily identifiable by appropriate markers on the site;

(12)"Permittee", a person holding a permit;

(13)"Person", any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties;

(14)"Phase I reclamation", the filling and grading of all areas disturbed in the conduct of surface coal mining operations, including the replacement of top soil and initial seeding;

(15)"Phase I reclamation bond", a bond for performance filed by a permittee pursuant to section 444.950 that may have no less than eighty percent released upon the successful completion of phase I reclamation of a permit area in accordance with the approved reclamation plan, with the rest of the bond remaining in effect until phase III liability is released;

(16)"Prime farmland", land which historically has been used for intensive agricultural purposes, and which meets the technical criteria established by the commission on the basis of such factors as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding, and erosion characteristics;

(17)"Reclamation plan", a plan submitted by an applicant for a permit which sets forth a plan for reclamation of the proposed surface coal mining operations;

(18)"Surface coal mining and reclamation operations", surface coal mining operations and all activities necessary and incident to the reclamation of such operations;

(19)"Surface coal mining operations", or "affected land", or "disturbed land":

(a)Activities conducted on the surface of lands in connection with a surface coal mine or surface operations and surface impacts incident to an underground coal mine.Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal at or near the mine site; provided, however, that such activities do not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percentum of the tonnage of minerals removed for purposes of commercial use or sale, or coal explorations subject to section 444.845; and

(b)The areas upon which such activities occur or where such activities disturb the natural land surface.Such areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and 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, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities;

(20)"This law" or "law", sections 444.800 to 444.970;

(21)"Unwarranted failure to comply", the failure of a permittee to prevent the occurrence of any violation of the permit, reclamation plan, law or rule and regulation, due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any such violation due to indifference, lack of diligence, or lack of reasonable care.

(L. 1979 H.B. 459, A.L. 1982 S.B. 737, A.L. 1987 H.B. 669, A.L. 1988 H.B. 1836, A.L. 1993 H.B. 312 & 257, A.L. 2014 S.B. 642)

444.050 - Ownership of ore.

All lead ore or other mineral, dug or mined in or upon lands of any person in this state, shall be deemed and held to be the absolute property of the owner or lessee of such lands, except in cases where it is modified, changed or transferred by express contract.

(RSMo 1939 § 14787, A.L. 1955 p. 655)

Prior revisions: 1929 § 13597; 1919 § 7440; 1909 § 8412

444.150 - Written permission of owner required — violation — provisions for payment of fine.

Any person or persons who shall in person or by their servant, agent or employee, dig, excavate, mine, tunnel or drift upon or under the lands or lots of another, within the corporate limits or designated boundaries of any city, town or village in this state, and every officer and stockholder that shall either authorize or permit its servants, agents or employees to dig, excavate, mine, tunnel or drift upon or under the lands or lots of another within such limits or boundaries of such city, town or village, without the written permission of the owner or owners of such land or lots, shall be deemed guilty of a misdemeanor, and shall be punished, on conviction, for every such offense, by fine of not less than five hundred dollars, with costs, which fine and costs, if not paid within five days after conviction, may be sued for and recovered against the parties and sureties on the mining bond of such persons, company or corporation liable for such acts, in a suit upon such bond, in the name of the state of Missouri, to the use of the county in which such offense is committed; such fine, when collected, shall be paid, one-half to the owner of the property injured by such offense and the other half into the school fund of such county; but no such conviction shall be a bar to the owner of such property prosecuting a suit on said bond to his own use for the damages sustained by any such offense.Every such conviction, whether appealed from or not, shall work a forfeiture of the authority to mine granted such person, company or corporation liable, and they shall not proceed further with the operations, except by making application and giving a new bond as in the first instance.

(RSMo 1939 § 14799)

Prior revisions: 1929 § 13609; 1919 § 7452; 1909 § 8424

444.550 - Application for permit, contents.

1.Application for permit shall be made on a form prescribed by the commission and shall include:

(1)The names of all persons with any interest in the land to be mined;

(2)The source of the applicant's legal right to mine the land affected by the permit;

(3)The permanent and temporary post-office address of the applicant;

(4)Whether the applicant or any person associated with the applicant holds or has held any other permits under sections 444.500 to 444.755, and an identification of such permits;

(5)The written consent of the applicant and any other persons necessary to grant access to the commission or the director to the area of land affected under application from the date of application until the expiration of any permit granted under the application and thereafter for such time as is necessary to assure compliance with all provisions of sections 444.500 to 444.755 or any rule or regulation promulgated under them;

(6)Such other information as the commission may require.

2.The application for a permit shall be accompanied by a map prepared and certified by a professional engineer containing the following information in a scale and form specified by the commission:

(1)An identification of the area to correspond with the application;

(2)The boundaries of surface properties and names of owners of the area of land to be affected, and, if known to the operator, adjacent deep mines, and the name of the owner or owners of the surface area within six hundred and sixty feet of any part of the area of land to be affected;

(3)The names and locations of all streams, creeks, or other bodies of public water, roads, buildings, cemeteries, oil and gas wells and utility lines on or within six hundred and sixty feet of the area to be mined;

(4)The boundaries of the area of land affected shown by appropriate markings, the cropline of the seam or deposit to be mined, and the total number of acres involved in the area of land affected;

(5)The date on which the map was prepared, the north point and the section, township and range;

(6)A comprehensive water management plan for the area of land affected, including the sources of water inflow, the drainage plan on and away from the area of land affected, indicating the directional flow of water, constructed drainways, constructed washing, cleaning or retaining ponds or reservoirs and the construction plans thereof, natural waterways used for drainage, and the nearest streams or tributaries receiving the discharge or overflow, the plan for control or prevention of soil erosion as required by subdivision (2) of subsection 1 of section 444.610, and the plan for control of the inflow of water and leaching or discharge of water, acid, oil and other substances required by subdivision (7) of subsection 1 of section 444.610;

(7)Such other information that the commission may require.

(L. 1971 S.B. 1 § 5, A.L. 1976 S.B. 646, A.L. 1990 H.B. 1584)

444.650 - Application for release from bond — objection, effect of — appeal.

1.Prior to release of the bond or any portion thereof, application shall be made by the operator to the commission, either with the completion reports or subsequent to such reports, for release of the bond.

2.If the commission determines that the bond, or any portion thereof, should be released, an order may be so issued without hearing, unless there is filed with the commission within thirty days of the date the application for release is filed, by an aggrieved party, a petition in opposition to release of the bond.In such case the commission shall hold a hearing as provided in section 444.680 and enter such order as shall be appropriate.

3.If the commission determines that the bond, or any portion thereof, should not be released, the commission shall issue an order to that effect with the reasons for the order and shall give notice to the operator.A hearing shall be held by the commission as provided in section 444.680 if requested by the operator within thirty days of the date of notice of the order.At such hearing burden of proof shall be on the operator.After hearing, the commission shall enter such order as shall be appropriate and shall give notice to the operator.

4.Appeal may be taken as provided in section 444.700, by any party to the proceeding, from any order issued pursuant to this section.

(L. 1971 S.B. 1 § 18)

444.750 - Recreational use of reclaimed lands encouraged.

Owners of lands that have been reclaimed or otherwise comply with the provisions of sections 444.500 to 444.755 are encouraged to make available to the people of this state these lands for recreational use at no charge.Recreational use to be any of the following or combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, nature study, water skiing, winter sports and viewing or enjoying historical, archaeological, scenic or scientific sites.

(L. 1971 S.B. 1 § 28 subsec. 1)

444.815 - Permits required, kind, when to be obtained — term — effect of lack of operation — renewals — exemptions.

1.Eight months from the date on which the state program is approved by the United States Secretary of the Interior pursuant to 30 U.S.C.1253 and published in the Federal Register, no person shall engage in or carry out any surface coal mining operations unless such person shall have first obtained a permit under this law.From September 28, 1979, until eight months after approval of the state program, no person shall engage in or carry out any surface coal mining operations unless such person shall first have obtained a permit pursuant to and complies with sections 444.500 to 444.755, as in existence prior to September 28, 1979, and any permit issued pursuant to such provisions shall continue in force and effect for the term of said permit or any revisions or renewals thereof; except that no such permit issued pursuant to sections 444.500 to 444.755, shall extend past eight months from approval of the state program; except further, that if application for a permit by such operator has been filed pursuant to this law within two months after approval of the state program, said operator may conduct operations under a permit issued pursuant to sections 444.500 to 444.755, until determination on the application has been made by the director under either subsection 3 or 4 of section 444.850.

2.All permits shall be issued for a term not to exceed five years; provided, that if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation and if the application is full and complete for such specified longer term, a permit may be granted for such longer term.A successor in interest to a permittee who applies for a new permit within thirty days of succeeding to such interest and who is able to obtain the bond coverage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until such successor's application is granted or denied.

3.A permit shall terminate if the permittee has not commenced the surface coal mining operations covered by such permit within three years of the issuance of the permit; provided, that the commission may grant reasonable extensions of time upon a showing that such extensions are necessary by reason of litigation precluding such commencement or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee; provided further, that in the case of a coal lease issued under the Federal Mineral Leasing Act, Title 30 U.S.C., extensions of time may not extend beyond the period allowed for diligent development in accordance with that act; provided further, that with respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at such time as the construction of the synthetic fuel or generating facility is initiated.

4.(1)Any valid permit shall carry with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit.The holders of the permit may apply for renewal and such renewal shall be issued (provided that on application for renewal the burden shall be on the opponents of renewal), subsequent to fulfillment of the public notice requirements of section 444.850 unless it is established that and written findings are made that:

(a)The terms and conditions of the existing permit and reclamation plan are not being satisfactorily met;

(b)The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this law and rules and regulations;

(c)The renewal requested substantially jeopardizes the operator's continuing responsibility on existing permit areas;

(d)The operator has not provided evidence that the performance bond in effect for said operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the commission might require; or

(e)Any additional revised or updated information required by the commission has not been provided.Prior to the approval of any renewal of permit the commission shall provide notice to the appropriate public authorities.

(2)If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this law.

(3)Any permit renewal shall be for a term not to exceed the period of the original permit.Application for permit renewal shall be made at least one hundred and twenty days prior to the expiration of the valid permit.

5.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, which proposes to engage in surface coal mining operations which are subject to the requirements of this law shall comply with the provisions of sections 444.815 to 444.905.

6.The provisions of this law shall not apply to any of the following activities:

(1)The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;

(2)The extraction of coal as an incidental part of federal, state or local government-financed highway or other construction under regulations established by the commission;

(3)The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percentum of the tonnage of minerals removed for purposes of commercial use or sale.

(L. 1979 H.B. 459, A.L. 1988 H.B. 1836)

444.915 - Abandoned mine reclamation fund — deposits and expenditures.

1.All moneys in the abandoned mine reclamation fund may be used for the following purposes:

(1)Reclamation and restoration of land and water resources adversely affected by past coal mining, including, but not limited to, reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment plants; prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ; and prevention, abatement, and control of coal mine subsidence;

(2)Acquisition and filling of voids and sealing of tunnels, shafts, and entryways under section 444.935;

(3)Acquisition of land as provided for in this law;

(4)Studies by contract with public and private organizations to provide information, advice, and technical assistance, including research and demonstration projects, conducted for these purposes;

(5)Restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining which constitutes an emergency;

(6)Administrative expenses to accomplish these purposes;

(7)All other necessary expenses to accomplish these purposes.

2.Expenditure of moneys from the abandoned mine reclamation fund shall reflect the following priorities in the order stated:

(1)The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices;

(2)The protection of public health, safety, and general welfare from adverse effects of coal mining practices;

(3)The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity;

(4)The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices;

(5)The development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this title for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.

3.If there is no continuing reclamation responsibility under state or federal laws for lands or water, lands and water eligible for reclamation or drainage abatement expenditures from the abandoned mine reclamation fund are those:

(1)Which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes, and abandoned or left in an inadequate reclamation status prior to September 28, 1979;

(2)For which a finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 21, 1980, and that funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site;

(3)For which a finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before October 1, 1991, and that the surety of such mining operator became insolvent during such period, and as of October 1, 1991, funds immediately available from proceedings relating to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site.

(L. 1979 H.B. 459, A.L. 1993 H.B. 312 & 257)

444.140 - Form of bond required.

Such bond shall be signed by the proposers, and by not less than two sureties, to be approved by said court, residents of the county wherein such mining is to be carried on, and shall be made payable to the state of Missouri, and conditioned that the principal in said bond shall carry on the mining operations proposed in the petition in a careful manner, and the said parties shall not mine, dig, excavate nor take coal or earth from or under any land or lots than that described in the said bond, and shall pay all damages that may be sustained by any and all persons by reason of the violation of any of the conditions of said bond, and any and all charges, fines and penalties that may be levied, assessed against or imposed upon the said proposers, their agents, servants, stockholders, officers or employees, by reason of any violation of the conditions of said bond or any of the provisions of sections 444.100 to 444.180.

(RSMo 1939 § 14798)

Prior revisions: 1929 § 13608; 1919 § 7451; 1909 § 8423

444.040 - Notice to owner or lessee.

If any person or persons having dug or mined lead ore or other mineral, and having the same in his or their possession, and having offered to deliver such mineral according to contract, or paid or tendered the royalty, if any, due thereon, or the value of such royalty in cash, to such owner or lessee of said real estate, or to his agent, shall serve or cause to be served a notice in writing upon such owner or lessee or his agent, by delivering to him a copy thereof, or by leaving a copy thereof at the usual place of abode of such owner, lessee or agent, with some member of the family over the age of fifteen years, stating in such notice the amount of lead ore or other mineral he or they have ready for delivery and requiring such owner, lessee or agent to receive and pay for the same, the said owner or lessee shall, within five days after the service of such notice, receive and pay for such lead ore or other mineral which the said person or persons digging or mining the same may deliver to him, not exceeding the amount named in the notice; and in such case, if such owner or lessee fail or refuse within the time aforesaid to pay for such lead ore or mineral delivered or offered to be delivered to him as aforesaid at the said price, then in that event the said person or persons who dug and mined the same shall thereupon acquire an absolute title to such lead ore or mineral, and may thereupon dispose of the same to any person or in any manner he or they may choose.

(RSMo 1939 § 14786)

Prior revisions: 1929 § 13596; 1919 § 7439; 1909 § 8411

444.540 - Annual strip mining permit required, fee, renewal.

1.No person shall engage in strip mining unless such person possesses a valid permit issued by the commission designating the area of land affected by the operation.The permit shall authorize the operator to engage in strip mining upon the area of land described in the permit under conditions specified by sections 444.500 to 444.755, and regulations promulgated pursuant to sections 444.500 to 444.755.The permit shall be valid for a period of one year from the date of its issuance unless sooner revoked as provided in sections 444.500 to 444.755; except that, any permit which becomes effective on a date later than January first of any year shall be valid only until December thirty-first of that year.A separate permit shall be required for each separate mine and all permits shall be on a calendar year basis.

2.A basic fee of three hundred fifty dollars, plus an acreage fee of thirty-five dollars for each acre or fraction thereof of the area of land to be affected by strip mining, shall be paid to the commission before the permit shall be issued.

3.Where mining or reclamation operations on acreage for which a permit has been issued have not been completed during the permit year, the permit as to such acreage shall be renewed by applying on a permit renewal form furnished by the commission for an additional permit year and payment of a fee of three hundred fifty dollars and filing of a bond as provided in section 444.570. Upon receipt of the permit renewal application, fee, and filing of the bond from the operator, the commission shall issue a renewal permit, if the operator meets the requirements of sections 444.500 to 444.755 and the rules and regulations of the commission.

(L. 1971 S.B. 1 §§ 4, 7, 11, A.L. 1976 S.B. 646, A.L. 1984 H.B. 1162, A.L. 1990 H.B. 1584)

444.740 - Commission authorized to receive funds and services.

1.In the reclamation of land affected by strip mining for which it has funds available, the commission may avail itself of any services which may be provided by other state agencies or by agencies of the federal government, and may compensate them for such services.

2.The commission may receive any federal funds, state funds or any other funds for the reclamation of land affected by strip mining.The commission may cause the reclamation work to be done by its own employees or by the employees of other governmental agencies, soil conservation districts, or through contracts with qualified persons.The contracts shall be awarded to the lowest responsible bidder upon competitive bids after reasonable advertisement.The commission and any other agency and any contractor under a contract with the board shall have reasonable right of access to the land affected to carry out such reclamation.

3.When funds or any public works program are available to the commission, both funds and services may be used and expended to reclaim and rehabilitate any lands that have been subjected to strip mining that have not been reclaimed and rehabilitated in accordance with standards set by sections 444.500 to 444.755 and which are not covered by bond to guarantee such reclamation.

4.A person or organization having qualifications acceptable to the commission may post bond or a cash deposit in a sum determined by the commission and assume the liability for carrying out the reclamation plan approved by the commission in areas where the mining operation and any necessary grading have been completed.The commission shall then release the bond posted by the operator for such area.

(L. 1971 S.B. 1 § 27)

444.640 - Commission to investigate all reports — release from bond, when.

1.The commission shall investigate or cause to have investigated the status of reclamation after each report referred to in section 444.580 has been filed.

2.If the commission determines that grading has been satisfactorily completed pursuant to the report and as required by this law and the rules and regulations of the commission, the commission shall release up to two-thirds of the bond filed for each acre of land completed.

3.If the commission determines that revegetation has been satisfactorily completed, the commission shall release the remainder of the bond for each acre of land completed.

(L. 1971 S.B. 1 § 17)

444.940 - Report on fund required — administration of fund, rules and regulations — authorized activities — water pollution treatment.

1.Not later than January 1, 1981, and annually thereafter, the commission shall report to the Congress and the general assembly on operations under the abandoned mine reclamation fund together with recommendations as to future uses of the abandoned mine reclamation fund.

2.The commission shall have the power and authority, if not granted it otherwise, to engage in any work and to do all things necessary or expedient, including promulgation of rules and regulations, to implement and administer the abandoned mine reclamation fund.

3.The commission shall have the power and authority to engage in cooperative projects under this title with any agency of the United States of America, and any state and their governmental agencies to administer the abandoned mine reclamation fund.

4.The commission may request the attorney general, who is hereby authorized to initiate, in addition to any other remedies provided for, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in sections 444.915 to 444.940.

5.The commission shall have the power and authority to construct and operate a plant or plants for the control and treatment of water pollution resulting from mine drainage to implement and administer the abandoned mine reclamation fund.The extent of this control and treatment may be dependent upon the ultimate use of the water; provided, that no control or treatment under this subsection shall in any way be less than that required under the Federal Water Pollution Control Act.The construction of a plant or plants may include major interceptors and other facilities appurtenant to the plant.

(L. 1979 H.B. 459)

444.840 - Revision of permit, procedure — transfer or assignment to have prior approval — commission may require permit revision — operator may be released from liability.

1.(1)During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the commission.

(2)An application for a revision of a permit shall not be approved unless the commission or the director finds that reclamation can be accomplished under the revised reclamation plan.The revision shall be approved or disapproved within a period of time established by the commission.The commission shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply; provided, that any revisions which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.

(3)Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.

2.No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this law shall be made without the written approval of the commission.

3.The commission shall, within a time limit prescribed in regulations promulgated by the commission, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit; provided, that such revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by rule or regulation.

4.Where one operator succeeds another at any uncompleted operation, either by sale, assignment, lease or otherwise, the commission may release the first operator from all liability under this law as to that particular operation, but only if the successor operator applies for and qualifies for a permit and assumes as part of his obligation all liability for the reclamation of the area of land affected by the former operator and sufficient bond is filed with the commission as provided in section 444.830.The successor operator shall not be required to pay the acre fee for any acre or fraction thereof for which a fee has already been paid.