Missouri Statute | Act | Code |Ownership And Conveyance Of Property| US Code - US Statute | Chapter 444 Rights And Duties Of Miners And Mine Owners

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

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

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

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

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

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

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

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

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

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

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 1-2-79

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

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

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

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

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

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 1-2-79

*Word "their" appears in original rolls.

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

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, RSMo 229.420 to 229.450

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

Sections 444.352 to 444.380 may be known and cited as the
"Metallic Minerals Waste Management Act". (L. 1989 H.B. 321 § 1)

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.)

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)

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)

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)

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)

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)

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 canceled 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)

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, RSMo, 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)

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, RSMo. All final orders
and determinations shall be deemed "administrative decisions" as that
term is defined in chapter 536, RSMo. No judicial review shall be
available until all administrative remedies are exhausted.

4. In any suit filed pursuant to section 536.050, RSMo, 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)

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.)

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, RSMo. 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, RSMo, by any person subject to the administrative penalty. (L.
1991 S.B. 45, A.L. 1993 S.B. 80, et al.)

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, RSMo.

5. The rules of discovery that apply to any civil case shall apply to
hearings under this section. (L. 1989 H.B. 321 § 12)

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)

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

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: Alabama Ohio Arkansas Oklahoma Illinois Pennsylvania Indiana
South Carolina Kentucky Tennessee Louisiana Texas Maryland Virginia New
Mexico West Virginia North Carolina

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)

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)

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 land reclamation commission created by section
444.520;

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

(5) "Director", the director of the land reclamation 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)

1. There is a land reclamation commission whose domicile for
administrative purposes is the department of natural resources. The
commission shall consist of the following seven persons: The state
geologist, the director of the department of conservation, the director
of staff of the clean water commission, and four 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, but not more than one can have a direct connection with the
mining industry. The four members from the general public shall be
appointed by the governor, by and with the advice and consent of the
senate. No more than two 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)

CROSS REFERENCE: Land reclamation commission transferred to department of
natural resources, RSMo 640.010

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, RSMo. (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)

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)

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)

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)

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)

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)

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)

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)

1. All applications for a permit shall be filed with the
director who shall promptly investigate the application and make a
recommendation to the commission 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 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 recommendation 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.

2. If the recommendation of the director is to deny the permit, a hearing
as provided in sections 444.500 to 444.755 shall be held by the
commission if requested by the applicant within thirty days of the date
of notice of the recommendation of the director.

3. If the recommendation of the director is for issuance of the permit,
the commission may issue or deny the permit without a hearing provided
the matter is passed upon at a public meeting no sooner than thirty days
from the date of notice of the recommendation of the director, except
that upon petition of any person aggrieved by the granting of the permit,
a hearing shall be held as provided in section 444.680.

4. If the commission denies a permit, the applicant may petition the
commission, within thirty days of notice of its action, for a hearing. If
no petition is filed within the thirty day period, the decision of the
commission is final and the applicant shall have no right of court review.

5. In any hearing held pursuant to this section the burden of proof shall
be on the applicant for a permit. Any decision of the commission made
pursuant to a hearing held under this section is subject to judicial
review as provided in section 444.700. (L. 1971 S.B. 1 § 13)

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)

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)

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)

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)

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)

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)

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 1-2-79

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)

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, RSMo. 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)

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

2. In any suit filed pursuant to section 536.050, RSMo, 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)

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)

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, RSMo.

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,
RSMo

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, RSMo, 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)

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)

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)

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)

This act may be known and cited as "The Land Reclamation Act".
(L. 1971 H.B. 519 § 1)

It is hereby declared to be the policy of this state to strike a
balance between surface mining of minerals and reclamation of land
subjected to surface disturbance by surface 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)

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 land reclamation commission in the department of
natural resources;

(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) "Director", the staff director of the land reclamation commission;

(7) "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;

(8) "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;

(9) "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;

(10) "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, and oil shales,
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;

(11) "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;

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

(13) "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;

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

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

(16) "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;

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

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

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

(20) "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)

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, RSMo, 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 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)

*Original rolls contain section "447.760".

**Word "benefication" appears in original rolls.

The commission may:

(1) Adopt and promulgate rules and regulations pursuant to section
444.530 and chapter 536, RSMo, 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)

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.

2. 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.

3. 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 land
reclamation commission.

4. Any portion of a surface mining operation which is subject to the
provisions of sections 260.200 to 260.245, RSMo, 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 canceled by the commission upon presentation to it of
satisfactory evidence that the operator has received a permit pursuant to
section 260.205, RSMo, 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, RSMo,
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, RSMo.

5. 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. (L. 1971 H.B. 519 § 5, A.L. 1990 H.B. 1584, A.L. 2001 H.B.
453)

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 and a permit fee
approved by the commission not to exceed six hundred dollars. The
commission may also require a fee for each site listed on a permit not to
exceed three 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 ten 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 one hundred acres shall be reduced by fifty percent. In
no case shall the total fee for any permit be more than two thousand five
hundred dollars. Permit and renewal fees shall be established by rule 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.

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 two thousand five hundred
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,
RSMo, 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 of contiguous real property or real
property located adjacent to the proposed mine plan area. 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 commission may consider in
issuing a permit may request a public meeting, a public hearing or file
written comments to the director no later than fifteen days following the
final public notice publication date.

11. The commission 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, 2001, and shall expire on December 31, 2007. 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)

1. All applications for a permit shall be filed with the
director, who shall promptly investigate the application and make a
recommendation to the commission within four weeks after the public
notice period provided in section 444.772 expires as to whether the
permit should be issued or denied. 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 shall recommend denial of the permit. The director shall
consider any written comments when making his or her recommendation to
the commission on the issuance or denial of the permit.

2. If the recommendation of the director is to deny the permit, a hearing
as provided in sections 444.760 to 444.790, if requested by the applicant
within fifteen days of the date of notice of recommendation of the
director, shall be held by the commission.

3. If the recommendation of the director is for issuance of the permit,
the director shall issue the permit without a public meeting or a hearing
except that upon petition, received prior to the date of the notice of
recommendation, from any person whose health, safety or livelihood will
be unduly impaired by the issuance of this permit, a public meeting or a
hearing may be held. If a public meeting is requested pursuant to this
chapter and the applicant agrees, the director shall, within thirty days
after the time for such request has passed, order that a public meeting
be held. The meeting shall be held in a reasonably convenient location
for all interested parties. The applicant shall cooperate with the
director in making all necessary arrangements for the public meeting.
Within thirty days after the close of the public meeting, the director
shall recommend to the commission approval or denial of the permit. If
the public meeting does not resolve the concerns expressed by the public,
any person whose health, safety or livelihood will be unduly impaired by
the issuance of such permit may make a written request to the land
reclamation commission for a formal public hearing. The land reclamation
commission may grant a public hearing to formally resolve concerns of the
public. Any public hearing before the commission shall address one or
more of the factors set forth in this section.

4. In any hearing held pursuant to this section the burden of proof shall
be on the applicant for a permit. If the commission finds, based on
competent and substantial scientific evidence on the record, that an
interested party's health, safety or livelihood will be unduly impaired
by the issuance of the permit, the commission may deny such permit. If
the commission finds, based on competent and substantial scientific
evidence on the record, that 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,
the commission may deny such permit. In determining whether a reasonable
likelihood of noncompliance will exist in the future, the 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 or the commission demonstrates 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 commission may review the record of
noncompliance in any state where the applicant has conducted business
during the past five years. Any decision of the commission made pursuant
to a hearing held pursuant to this section is subject to judicial review
as provided in chapter 536, RSMo. 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)

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 2
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)

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, RSMo. 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)

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)

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 canceled 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 canceled, 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)

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)

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,
RSMo

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)

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

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)

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, RSMo.

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)

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, RSMo, 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.

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)

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 land reclamation commission created by section
444.520;

(5) "Director", the director of the land reclamation 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)

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, RSMo. 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, RSMo. (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)

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)

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 5-9-80

CROSS REFERENCE: Additional information to be filed with application,
RSMo 444.835

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)

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)

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)

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. (L. 1979 H.B. 459)

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)

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 applications'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.).

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:

(i) Preventing or removing water from contact with toxic producing
deposits;

(ii) Treating drainage to reduce toxic content which adversely affects
downstream water upon being released to watercourses;

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

(b) (i) 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;

(ii) 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

(i) Injury to persons,

(ii) Damage to public and private property outside the permit area,

(iii) Adverse impacts on any underground mine, and

(iv) 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:

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

(ii) 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;

(iii) 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;

(iv) The areas proposed have been shown by the applicant to be necessary
for the implementing of the proposed underground mining operations;

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

(vi) 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:

(i) Compatible with adjacent land uses;

(ii) Obtainable according to data regarding expected need and market;

(iii) Assured of investment in necessary public facilities;

(iv) Supported by commitments from public agencies where appropriate;

(v) Practicable with respect to private financial capability for
completion of the proposed use;

(vi) 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

(vii) 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)

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:

(i) Preventing or removing water from contact with toxic producing
deposits;

(ii) Treating drainage to reduce toxic content which adversely affects
downstream water upon being released to watercourses;

(iii) 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)

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)

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.

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)

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)

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)

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)

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)

All final decisions or orders of the commission shall be subject
to judicial review as provided in chapter 536, RSMo. 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)

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)

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)

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)

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.

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)

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)

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)

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, RSMo.

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. Change made due to renumbering.

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 4-7-82

*Original rolls contain words "this act". Intent apparently was to
include sections 444.800 to 444.970, although only sections 444.805,
444.830, 444.950, 444.955, 444.960, 444.965, and 444.970 were included in
this act, S.B. 737, enacted in 1982.

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)

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)

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

*Original rolls contain words "this act". Intent apparently was to
include sections 444.800 to 444.970, although only sections 444.805,
444.830, 444.950, 444.955, 444.960, 444.965, and 444.970 were included in
this act, S.B. 737, enacted in 1982.

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