reglab/housing_qa huggingface dataset:
IA Code § 207.16 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.16 - Release of performance bonds or deposits.

207.16 Release of performance bonds or deposits.   1. Each operator upon completion of any reclamation work required by this chapter shall apply to the division in writing for approval of the work. The division shall promulgate rules consistent with Pub. L. No. 95-87, §519, codified at 30 U.S.C. §1269, regarding procedures and requirements to release performance bonds or deposits.   2. The division may release in whole or part the bonds or deposits if the division is satisfied the reclamation covered by the bonds or deposits or portions thereof has been accomplished as required by this chapter according to stages determined by the division by rule. When the operator has completed successfully all surface coal mining and reclamation activities, the remaining portion of the bond shall be released upon the expiration of the period specified for operator responsibility in the rules promulgated pursuant to section 207.7. A bond shall not be fully released until all reclamation requirements of this chapter are fully met.   3. A person with a valid legal interest which might be adversely affected by release of the bond or a 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 which is authorized to develop and enforce environmental standards with respect to such operations may file written objections to the proposed release from bond to the division within sixty days after the last publication as required by rule of a notice of a request for bond release by the operator. If written objections are filed and a hearing is requested, the division shall inform all the interested parties of the time and place of the hearing, and hold a public hearing as a contested case in the locality of the coal mining operation or at the state capital, at the request of the objectors, within thirty days of the request. The date, time, and location shall be advertised by the division in a newspaper of general circulation in the locality for two consecutive weeks.  [C81, §83.16]  C93, §207.16  2006 Acts, ch 1010, §63; 2011 Acts, ch 34, §42
IA Code § 207.17 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.17 - Citizen suits.

207.17 Citizen suits.   1. A person having an interest which is or may be adversely affected may commence a civil action on the person’s own behalf to compel compliance with this chapter as follows:   a. Against the division or any other governmental agency or subdivision which is alleged to be in violation of the provisions of this chapter or of any rule, order or permit issued or against any other person who is alleged to be in violation of any rule, order or permit issued pursuant to this chapter.   b. Against the division where there is alleged a failure of the division to perform any act or duty required under this chapter. The suit shall be filed in the county where the mining operation is or, if against the division, in the district court for Polk county or the county of the petitioner’s residence.   2. An action shall not be commenced:   a. Under subsection 1, paragraph “a” of this section until sixty days after the plaintiff has given notice in writing of the violation to the division and to any alleged violator, or if the state has commenced and is diligently prosecuting a civil action against that operator for compliance with the provisions of this chapter; however, the person may intervene in the action as a matter of right.   b. Under subsection 1, paragraph “b” of this section until sixty days after the plaintiff has given notice in writing to the division in the manner provided by rule; however, if 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, the action may be brought immediately after giving notice.   3. The division may intervene in any action under this section.   4. The court, in issuing a final order in an action brought pursuant to subsection 1 of this section, may award costs of litigation including attorney and expert witness fees to any party.   5. This section does not restrict a right which any person or class may have under a statute or common law to seek enforcement of any of the provisions of this chapter or to seek any other relief. The availability of judicial review of the actions of the division shall not restrict any rights established by this section.   6. A person whose person or property is injured through the violation by any operator of a rule, order, or permit issued pursuant to this chapter may bring an action for damages including reasonable attorney and expert witness fees only in the county in which the coal mining operation complained of is located. This subsection shall not affect the rights or limits under workers’ compensation as provided in chapter 85.  [C81, §83.17]  C93, §207.17
IA Code § 207.18 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.18 - Coal exploration permits.

207.18 Coal exploration permits.   1. A coal exploration operation in this state which substantially disturbs the natural land surface shall be conducted in accordance with exploration rules issued by the division. The rules shall include at a minimum the following:   a. The requirement that prior to conducting an exploration the person must file with the division a notice of intention to explore describing the exploration area and the period of exploration.   b. Provisions for reclamation of the lands disturbed by the exploration in accordance with the environmental performance standards mandated by section 207.7.   2. Information submitted to the division pursuant to this section and determined by the division, following consultation with the person submitting the information, to be confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person intending to explore the described area shall not be available for public examination.   3. A person who conducts coal exploration activities which substantially disturb the natural land surface in violation of this section shall be subject to the provisions of section 207.15.   4. An operator shall not remove more than fifty tons of coal pursuant to an exploration permit without the specific written approval of the division.  [C81, §83.18]  C93, §207.18
IA Code § 207.19 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.19 - Surface effects of underground coal mining operations.

207.19 Surface effects of underground coal mining operations.   1. The provisions of this chapter shall be 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, and bond requirements as are necessary to accommodate the distinct difference between surface and underground coal mining. The division shall promulgate such modifications in its rules to allow for such distinct differences and still fulfill the purposes of this chapter and be consistent with the requirements of Pub. L. No. 95-87, §516, codified at 30 U.S.C. §1266, and the permanent regulations issued pursuant to that Act.   2. In order to protect the stability of the land, the division shall suspend underground coal mining under urbanized areas, cities, and communities and adjacent to industrial or commercial buildings, major impoundments, or permanent streams if the administrator finds imminent danger to inhabitants of the urbanized areas, cities, and communities.  [C81, §83.19]  C93, §207.19  2006 Acts, ch 1010, §64; 2011 Acts, ch 34, §43
IA Code § 207.20 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.20 - Authority to enter into cooperative agreements.

207.20 Authority to enter into cooperative agreements.   The division may enter into a cooperative agreement with the secretary to provide for the division to regulate mining and reclamation operations on federal lands within the state. If the division enters into a cooperative agreement with the secretary under this section, such agreement shall be conducted according to the provisions of chapter 28E.  [C81, §83.20]  C93, §207.20  Referred to in §207.27
IA Code § 207.23 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.23 - Liens.

207.23 Liens.   1. Within six months after the completion of a project to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the division shall itemize the money expended on the project and may file a lien statement in the office of the district court clerk of each county in which a portion of the property affected by the project is located, 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 mining practices if the money so expended results in a significant increase in property value. A copy of the lien statement and the appraisal, if required, shall be served upon affected property owners in the manner provided for service of an original notice. The lien shall not exceed the amount determined by the appraiser to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices. A lien shall not be filed in accordance with this subsection against the property of a person who neither consented to, participated in, nor exercised control over the mining operation which necessitated the reclamation performed.   2. The owner of property to which the lien attaches may petition the court within sixty days after receipt of service of the lien statement, 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 found to be the increase in value of the property shall constitute the amount of the lien and shall be recorded in the office of the district court in each county in which the owner’s property is located. A party aggrieved by the decision may appeal as provided by law.   3. The lien provided in this section has priority over all other liens or security interests which have attached to the property, whenever those liens may have arisen, except liens of real estate taxes imposed upon the property.  [C81, §83.23]  C93, §207.23  97 Acts, ch 115, §3, 4; 2012 Acts, ch 1105, §1, 27, 28; 2012 Acts, ch 1138, §13; 2015 Acts, ch 103, §19
IA Code § 207.24 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.24 - Water rights and replacement.

207.24 Water rights and replacement.   1. This chapter shall not be construed as affecting the right of any person’s interest in water resources affected by a mining operation.   2. The operator of a mine shall replace the water supply of an owner of interest in real property who obtains all or part of the owner’s supply of water for any legitimate use from an underground or surface source if the supply has been affected by contamination, diminution, or interruption proximately resulting from the mine operation.  [C81, §83.24]  C93, §207.24
IA Code § 207.25 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.25 - Additional duties and powers of the division.

207.25 Additional duties and powers of the division.   In addition to the duties and powers conferred upon the division, it shall have the power to prescribe by rule the necessary procedures and requirements of operators to carry out the purpose and provisions of this chapter.  [C81, §83.25]  C93, §207.25
IA Code § 207.26 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.26 - Mining operations not subject to this chapter.

207.26 Mining operations not subject to this chapter.   The provisions of this chapter shall not apply to any of the following activities:   1. The extraction of coal by a landowner for the landowner’s own noncommercial use from land owned or leased by the landowner.   2. The extraction of coal as an incidental part of federal, state or local government-financed highway or other construction under rules promulgated by the division.  [C81, §83.26]  88 Acts, ch 1022, §1  C93, §207.26
IA Code § 207.27 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.27 - Experimental practices.

207.27 Experimental practices.   In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, agricultural, residential, or public use including recreational facilities, the division with approval by the secretary may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under sections 207.7 and 207.20 if the experimental practices are potentially as environmentally protective, during and after mining operations, as those required by promulgated standards, the mining operations approved for particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices, and the experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards.  [C81, §83.27]  C93, §207.27
IA Code § 207.28 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.28 - Employee protection.

207.28 Employee protection.   1. A person shall not discharge, or in any other way discriminate against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter.   2. Any employee or a representative of employees who believes that the employee or representative has been fired or discriminated against by a person in violation of subsection 1 of this section may, within thirty days after the alleged violation occurs, apply to the administrator for a review as provided by rule of the firing or alleged discrimination.  [C81, §83.28]  C93, §207.28
IA Code § 207.29 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 207 - COAL MINING|Section 207.29 - Powers and authority of division.

207.29 Powers and authority of division.   The division may engage in any work and do all things necessary or expedient, including adoption of rules, to implement and administer the provisions of an abandoned mine reclamation program.  97 Acts, ch 115, §5
IA Code § 208.1 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 208 - MINES|Section 208.1 - Policy.

208.1 Policy.   It is the policy of this state to provide for the reclamation and conservation of land affected by the mining of gypsum, clay, stone, sand, gravel, or other ores or mineral solids, except coal, and thereby to preserve natural resources, protect and perpetuate the taxable value of property, and protect and promote the health, safety and general welfare of the people of this state.  [C71, 73, 75, 77, 79, 81, §83A.1]  85 Acts, ch 137, §1  C93, §208.1  96 Acts, ch 1043, §1
IA Code § 208.7 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 208 - MINES|Section 208.7 - Mining license — fees and expiration.

208.7 Mining license — fees and expiration.   An operator shall not engage in mining as defined by section 208.2 without first obtaining a license from the division. A license shall be issued and renewed upon approval by the division following the submission of a completed application by the operator. An application shall be submitted on a form provided by the division and shall be accompanied by a license fee of fifty dollars. Each applicant shall be required to furnish on the form information necessary to identify the applicant. The initial license shall expire on December 31 of the year of issue. An initial license shall be renewed by the division as required by the division. The renewed license shall expire the last day of the second December following the date of issue. The division shall renew a license upon approving an application submitted within thirty days prior to the expiration date. The application for a renewed license must be accompanied by a fee of twenty dollars. A political subdivision shall not be required to pay a license fee.  [C39, §1242.5; C46, 50, 54, 58, 62, 66, §82.22; C71, 73, §82.22, 83A.7; C75, 77, 79, 81, §83A.7]  C93, §208.7  96 Acts, ch 1043, §3; 2017 Acts, ch 159, §47; 2018 Acts, ch 1026, §65  Referred to in §208.14
IA Code § 208.8 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 208 - MINES|Section 208.8 - Suspension, revocation, or refusal to issue license.

208.8 Suspension, revocation, or refusal to issue license.   1. The division may, for repeated or willful violation of any of the provisions of this chapter, initiate an action to suspend, revoke, or refuse to issue a mining license.   2. The division shall, by certified mail or personal service, serve on the operator notice in writing of the charges and grounds upon which the license is to be suspended, revoked, or will not be issued. The notice shall include the time and the place at which a hearing shall be held before the committee, a subcommittee appointed by the committee, or the committee’s designee, to determine whether to suspend, revoke, or refuse to issue the license. The hearing shall be not less than fifteen nor more than thirty days after the mailing or service of the notice.   3. An operator whose license the division proposes to suspend, revoke, or refuse to issue has the right to counsel and may produce witnesses and present statements, documents, and other information in the operator’s behalf at the hearing.   4. If after full investigation and hearing the operator is found to have willfully or repeatedly violated any of the provisions of this chapter, the committee or subcommittee may affirm or modify the proposed suspension, revocation, or refusal to issue the license.   5. When the committee or subcommittee finds that a license should be suspended or revoked or should not be issued, the division shall so notify the operator in writing by certified mail or by personal service.   a. The suspension or revocation of a license shall become effective thirty days after notice to the operator.   b. If the license or renewal fee has been paid and the committee or subcommittee finds that the license should not be issued, then the license shall expire thirty days after notice to the operator.   6. An action by the committee or subcommittee to affirm or modify the proposed suspension, revocation, or refusal to issue a license constitutes a final agency action for purposes of judicial review pursuant to section 208.11 and chapter 17A.  [C71, 73, 75, 77, 79, 81, §83A.8]  85 Acts, ch 137, §8  C93, §208.8  96 Acts, ch 1043, §4
IA Code § 208.9 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 208 - MINES|Section 208.9 - Registering mine site.

208.9 Registering mine site.   1. At least seven days before beginning mining or removal of overburden at a mine site not previously registered, an operator engaging, or preparing to engage, in mining in this state shall register the mine site with the division. Application for registration shall be made upon a form provided by the division and shall be accompanied by a bond or security as provided by section 208.14. A registration renewal shall be filed annually. Application for renewal of registration shall be on a form provided by the division. The registration and registration cancellation fees shall be established by the division in an amount not to exceed the cost of administering the provisions of this chapter. The application shall include a description of the tract or tracts of land where the site is located and the estimated number of acres at the site to be affected by the mine. The description shall include the section, township, range, and county in which the land is located and shall otherwise describe the land with sufficient certainty to determine the location and to distinguish the land to be registered from other lands. The application shall include a statement explaining the authority of the applicant’s legal right to operate a mine on the land.   2. A mine site registered pursuant to this chapter shall have a clearly visible sign which identifies the mining operation. Failure to post and maintain a sign as required by this subsection, within thirty days after notice from the division, invalidates the registration.   3. The division shall automatically invalidate all registrations of an operator who fails to renew the operator’s mining license within a time period set by the division, who has been denied license renewal by the committee or subcommittee, or whose license has been suspended or revoked by the committee or subcommittee.  [C71, 73, 75, 77, 79, 81, §83A.9]  85 Acts, ch 137, §9  C93, §208.9  96 Acts, ch 1043, §5  Referred to in §208.15, 208.16
IA Code § 208.10 (2021)
2021 Iowa Code|Title V - AGRICULTURE|Chapter 208 - MINES|Section 208.10 - Violation — enforcement.

208.10 Violation — enforcement.   1. The administrator may issue an order directing the operator to desist in an activity or practice which constitutes a violation of any provision of this chapter or any rules adopted by the division, or to take such corrective action as may be necessary to ensure that the violation will cease. If corrective measures sought by the division are not commenced within the time period designated in the order, the division may refer the violation to the attorney general for further action.   2. The operator may contest an order issued under this section through contested case proceedings pursuant to chapter 17A by filing with the administrator a notice of appeal within thirty days of receipt of the order for review by the division.   3. At the request of the division, the attorney general shall institute any legal proceedings, including an action for a civil penalty, injunction, or temporary injunction, necessary to enforce the provisions of this chapter or to obtain compliance with this chapter. Action by the attorney general may be taken in lieu of or in conjunction with any administrative action by the division.   4. Falsification of information required to be submitted under this chapter is a violation of this chapter.  [C71, 73, 75, 77, 79, 81, §83A.10]  C93, §208.10  96 Acts, ch 1043, §6  Referred to in §208.10A