OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Survey conducted by: Interstate Mining Compact Commission

Report compiled by: Joyce Zweben Scall

Page 1 of 4

COALEX STATE COMPARISON REPORT - 186

June 1991

Danny Brown, Commissioner

Division of Mined Land Reclamation

Department of Mines, Minerals and Energy

P.O. Drawer U

Big Stone Gap, Virginia 24219

TOPIC: SUBSIDENCE INSURANCE

INQUIRY: Please survey the IMCC member states on the following subsidence insurance

issues:

1. Does your state require all underground mine operations to obtain subsidence insurance

as part of their general liability insurance coverage? [30 CFR 800.60]

2. Does your state accept an insurance certificate from the operator's insurance company or

do you require a copy of the policy along with all the riders? [30 CFR 778.18]

SEARCH RESULTS: Twelve states responded to the questionnaire. The results and

accompanying comments appear in the attached table. Attachments are provided, as indicated.

TABLE OF RESPONSES

ARKANSAS

REQUIRES SUBSIDENCE

INSURANCE

ACCEPTS CERTIFICATE OR REQUIRES

COPY?

Yes. 816.124-V Certificates accepted

ILLINOIS

REQUIRES SUBSIDENCE

INSURANCE

ACCEPTS CERTIFICATE OR REQUIRES

COPY?

No Certificates accepted

INDIANA

REQUIRES SUBSIDENCE ACCEPTS CERTIFICATE OR REQUIRES

INSURANCE COPY?
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Survey conducted by: Interstate Mining Compact Commission

Report compiled by: Joyce Zweben Scall

Page 2 of 4

No. Other means as approved by the

Commission, 310 IAC 12-5-132, include a

commitment by the applicant to repair any

damage or to purchase the house in the

event of subsidence damage. (The mining

plan is designed to prevent subsidence.)

Use general liability certificate. Attached is a

general liability certificate used by the Division in

regards to 30 CFR 800.60. This process does not

include subsidence insurance. Any riders or

exemptions, such as pollution or blasting

exemption, would have to be described on the

Certificate Form but the actual policy need not be

submitted unless there are concerns over the

authenticity or accuracy of the policy.

KENTUCKY

REQUIRES SUBSIDENCE

INSURANCE

ACCEPTS CERTIFICATE OR REQUIRES

COPY?

No If a company identifies that they will purchase the

insurance as part of their subsidence mitigation

plan, then an insurance certificate is acceptable.

MISSOURI

REQUIRES SUBSIDENCE

INSURANCE

ACCEPTS CERTIFICATE OR REQUIRES

COPY?

MO does not have underground mining;

however, our rules require subsidence

insurance payable to the surface owner.

Requires policy + riders.

NEW MEXICO

REQUIRES SUBSIDENCE

INSURANCE

ACCEPTS CERTIFICATE OR REQUIRES

COPY?

NM does not specifically require

subsidence insurance; however, rules

require compensation for property damage.

Certificates accepted. See attached rule + copy of

certificate.

OHIO

REQUIRES SUBSIDENCE

INSURANCE

ACCEPTS CERTIFICATE OR REQUIRES

COPY?

No. See attached rule. Certificates accepted

OKLAHOMA

REQUIRES SUBSIDENCE ACCEPTS CERTIFICATE OR REQUIRES
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Survey conducted by: Interstate Mining Compact Commission

Report compiled by: Joyce Zweben Scall

Page 3 of 4

INSURANCE COPY?

No N/A

TENNESSEE

REQUIRES SUBSIDENCE

INSURANCE

ACCEPTS CERTIFICATE OR REQUIRES

COPY?

No N/A

TEXAS

REQUIRES SUBSIDENCE

INSURANCE

ACCEPTS CERTIFICATE OR REQUIRES

COPY?

No. (Liability insurance is required.) Requires submittal of Form SMRD-41C and/or

an Accord Certificate. See attached sample.

VIRGINIA

REQUIRES SUBSIDENCE

INSURANCE

ACCEPTS CERTIFICATE OR REQUIRES

COPY?

Public liability insurance must be provided.

The policy must be adequate to cover any

personal injury or property damage

resulting from the surface coal mining and

reclamation operations. Personal injury and

property damage resulting from subsidence

must be covered by public liability

insurance. (VR 480-03-19.800.60)

A Certificate of Liability Insurance, along with

all riders, or evidence of self-insurance must be

provided. (VR 480-03-19.778.18 and VR 480-03-

19.800.60 (a) & (c))

WEST VIRGINIA

REQUIRES SUBSIDENCE

INSURANCE

ACCEPTS CERTIFICATE OR REQUIRES

COPY?

No. However, subsidence insurance is

available to individual property owners

through a state underwriter insurance

program.

Only certificate of insurance is required.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Survey conducted by: Interstate Mining Compact Commission

Report compiled by: Joyce Zweben Scall

Page 4 of 4

ATTACHMENTS

A. INDIANA: Attachment U55-1.

B. NEW MEXICO:

1. CSMC Rule 80-1

2. Copy of Certificate of Insurance

C. OHIO: 1501:13-7-07. Liability Insurance.

D. TEXAS: Sample Certificate of Insurance