reglab/statecodes huggingface dataset:
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.32 - Chlordane — prohibition.

206.32 Chlordane — prohibition.
1. A person shall not offer for sale, sell, purchase, apply, or use chlordane in this state.
2. The department, working in conjunction with the department of natural resources, shall identify existing stocks of chlordane, shall formulate recommendations for the safe disposal of existing stocks of chlordane, and shall make those recommendations available to the owners of existing stocks of chlordane.
88 Acts, ch 1118, §1; 2015 Acts, ch 30, §68; 2015 Acts, ch 103, §16
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.33 - Daminozide — prohibition.

206.33 Daminozide — prohibition.
A person shall not offer for sale, sell, purchase, apply, or use a pesticide containing daminozide in this state if the pesticide is sold, purchased, applied, or used for purposes of enhancing or improving a product produced to be consumed.
89 Acts, ch 127, §1; 90 Acts, ch 1260, §24
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.34 - Local legislation — prohibition.

206.34 Local legislation — prohibition.
1. As used in this section:
a. “Local governmental entity” means any political subdivision, or any state authority which is not the general assembly or under the direction of a principal central department as enumerated in section 7E.5, including a city as defined in section 362.2, a county as provided in chapter 331, or any special purpose district.
b. “Local legislation” means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a local governmental entity.
2. The provisions of this chapter and rules adopted by the department pursuant to this chapter shall preempt local legislation adopted by a local governmental entity relating to the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture of a pesticide. A local governmental entity shall not adopt or continue in effect local legislation relating to the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture of a pesticide, regardless of whether a statute or rule adopted by the department applies to preempt the local legislation. Local legislation in violation of this section is void and unenforceable.
3. This section does not apply to local legislation of general applicability to commercial activity.
94 Acts, ch 1002, §2; 94 Acts, ch 1198, §42
2023 Iowa Code › Title V - AGRICULTURE › Chapter 207 - COAL MINING › Section 207.1 - Policy.

207.1 Policy.
1. It is the policy of this state to provide for the rehabilitation and conservation of land affected by coal mining and preserve natural resources, protect and perpetuate the taxable value of property, and protect and promote the health and safety of the people of this state.
2. The general assembly finds and declares that because the federal Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, codified at 30 U.S.C. ch. 25, subch. IV, provides for a permit system to regulate the mining of coal and reclamation of the mining sites and provides that permits may be issued by states which are authorized to implement the provisions of that Act, it is in the interest of the people of Iowa to enact the provisions of this chapter in order to authorize the state to implement the provisions of the federal Surface Mining Control and Reclamation Act of 1977 and federal regulations and guidelines issued pursuant to that Act.
[C79, §83A.12(2); C81, §83.1]
C93, §207.1
2006 Acts, ch 1010, §61; 2011 Acts, ch 34, §40; 2015 Acts, ch 103, §17
2023 Iowa Code › Title V - AGRICULTURE › Chapter 207 - COAL MINING › Section 207.3 - Mining license.

207.3 Mining license.
1. A person shall not engage in a surface coal mining operation without first obtaining a license from the division. Licenses shall be issued upon application submitted on a form provided by the division and accompanied by a fee of fifty dollars. An applicant shall furnish on the form information necessary to identify the applicant. Licenses expire on December 31 following the date of issuance and shall be renewed by the division upon application submitted within thirty days prior to the expiration date and accompanied by a fee of ten dollars.
2. The division may, after notification to the committee, commence proceedings to suspend, revoke, or refuse to renew a license of a licensee for repeated or willful violation of any of the provisions of this chapter or of the federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §801 et seq.
3. The hearing shall be held pursuant to chapter 17A not less than fifteen nor more than thirty days after the mailing or service of the notice. If the licensee is found to have willfully or repeatedly violated any of the provisions of this chapter or of the federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §801 et seq., the committee may affirm or modify the proposed suspension, revocation, or refusal to renew the license.
4. Suspension or revocation of a license shall become effective thirty days after the mailing or service of the decision to the licensee. If the committee finds the license should not be renewed, the renewal fee shall be refunded and the license shall expire on the expiration date or thirty days after mailing or service of the decision to the licensee, whichever is later.
[C79, §83A.12(1); C81, §83.3]
C93, §207.3
2011 Acts, ch 34, §41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 207 - COAL MINING › Section 207.6 - Blasting plan required.

207.6 Blasting plan required.
1. An application for a permit shall contain a blasting plan which outlines the procedures and standards by which the operator will meet the requirements of the division.
2. The division may promulgate rules requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in coal mining operations.
[C81, §83.6]
C93, §207.6
2023 Iowa Code › Title V - AGRICULTURE › Chapter 207 - COAL MINING › Section 207.7 - Environmental protection performance standards.

207.7 Environmental protection performance standards.
The division shall adopt rules for environmental protection performance standards that are consistent with federal regulations authorized under the federal Surface Mining Control and Reclamation Act and amendments to that Act.
[C77, 79, §83A.31; C81, §83.7]
87 Acts, ch 47, §1
C93, §207.7
Referred to in §207.9, 207.10, 207.16, 207.18, 207.27
2023 Iowa Code › Title V - AGRICULTURE › Chapter 207 - COAL MINING › Section 207.10 - Performance bond requirement.

207.10 Performance bond requirement.
1. After a permit application has been approved but before issuance, the applicant shall file with the division, on a form furnished by the division, a bond for performance payable to the state and conditioned upon faithful performance by the operator of all requirements of this chapter and all rules adopted by the division pursuant to this chapter.
2. The bond shall be signed by the operator as principal and by a corporate surety licensed to do business in Iowa as surety. In lieu of a bond, the operator may deposit cash, or government securities, or certificates of deposit or letters of credit with the division on the same conditions as for filing of bonds.
3. The amount of the bond or other security required to be filed with the division shall be equal to the estimated cost of reclamation of the site if performed by the division. The estimated cost of reclamation of each individual site shall be determined by the division on the basis of relevant factors. The division may require each applicant to furnish information necessary to estimate the cost of reclamation. The amount of the bond or other security may be increased or reduced as the permitted operation changes, or when the cost of future reclamation changes. However, the bond amount shall not be less than ten thousand dollars.
4. Liability under the bond shall be for the duration of the coal mining and reclamation operation and for a period coincident with operator’s responsibility for revegetation requirements in the rules promulgated under section 207.7.
5. If the license to do business in Iowa of a surety of a bond filed with the division is suspended or revoked, the operator, within thirty days after receiving notice from the division, shall substitute another surety. If the operator fails to make substitution, the division may suspend the operator’s authorization to conduct mining on the site covered by the bond until substitution has been made. The commissioner of insurance shall notify the division whenever the license of any surety providing bond for an operator is suspended or revoked.
6. Notwithstanding sections 12C.7, subsection 2, and 666.3, the interest or earnings on investments or time deposits of the proceeds of a performance bond forfeited to the division, cash deposited under subsection 2, any funds provided for the abandoned mine reclamation program under section 207.21 and any civil penalties collected pursuant to sections 207.14 and 207.15 shall be credited to the payment of costs and administrative expenses associated with the reclamation, restoration or abatement activities of the division. The division may expend funds credited to it under this subsection to conduct reclamation activities on any areas disturbed by coal mining not subject to a presently valid permit to conduct surface mining.
[C81, §83.10]
85 Acts, ch 140, §1
C93, §207.10
Referred to in §207.14
2023 Iowa Code › Title V - AGRICULTURE › Chapter 207 - COAL MINING › Section 207.11 - Political subdivision engaged in mining.

207.11 Political subdivision engaged in mining.
An agency or political subdivision of the state or a publicly owned utility or corporation of a political subdivision which engages or intends to engage in coal mining shall meet all requirements of this chapter.
[C81, §83.11]
C93, §207.11
2023 Iowa Code › Title V - AGRICULTURE › Chapter 207 - COAL MINING › Section 207.12 - Revision of permits.

207.12 Revision of permits.
1. a. An operator may apply for a revision or cancellation of a permit. The application shall be submitted by the operator on a form provided by the division, and shall contain information as required by the division.
b. The division shall establish rules for determining the scale or extent of a revision request to which all permit application information requirements and procedures including notice and hearings, shall apply. Revisions which propose significant alterations in the reclamation plan shall be subject to notice and hearing requirements.
2. An application for a revision of a permit shall not be approved unless the division finds that reclamation as required by this chapter can be accomplished under the revised reclamation plan.
3. Extensions to the area covered by the permit except incidental boundary revisions must be made subject to the requirements for an application for new permit.
4. If the application is to cancel the permit as it pertains to any or all of the unmined part of a site, the division shall, after ascertaining that overburden has not been disturbed or deposited on the land, order release of the bond or the security posted on that portion of the land being removed from the permit and cancel or amend the operator’s permit to conduct mining on the site. Land where overburden has been disturbed or deposited shall not be removed from a permit or released from bond or security under this section.
5. A transfer, assignment, or sale of the rights granted under a permit shall not be made without the written approval of the division.
6. Fees for revision or cancellation shall be determined by the division but shall not exceed the cost of administering revisions or cancellations of permits as authorized under this section.
7. The division shall review outstanding permits within a time limit prescribed by rule and may require reasonable revision or modification of the permit provisions during the term of the permit. However, the revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by the division.
[C81, §83.12]
C93, §207.12
2009 Acts, ch 41, §263
2023 Iowa Code › Title V - AGRICULTURE › Chapter 207 - COAL MINING › Section 207.13 - Inspections and monitoring.

207.13 Inspections and monitoring.
1. a. The division shall make inspections of any mining and reclamation operations as are necessary to evaluate the administration of this chapter and authorized representatives of the division shall have a right to entry at any mining and reclamation operation. If the operator refuses to consent to the inspection, the division shall request the attorney general to immediately obtain a warrant for the inspection.
b. The division shall determine what records and other information shall be maintained and furnished to the division by the operators for the effective administration of this chapter.
2. The inspections by the division shall:
a. Occur at a frequency of one complete inspection per calendar quarter and at least one partial inspection on an irregular basis in those months where a complete inspection is not performed.
b. Occur without prior notice to the permittee, agents or employees except for necessary on-site meetings with the permittee.
c. Include the filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this chapter.
3. If the division has reason to believe that an operator is in violation of a requirement of this chapter or a permit condition, the division shall immediately order an inspection of the coal mining operation within ten days of receiving notice of the alleged violation.
4. An operator shall conspicuously maintain a clearly visible sign at the entrances to the mining and reclamation operation which sets forth the name, business address, permit number and phone number of the operator.
5. Each inspector shall immediately inform the operator in writing of each violation, and shall report in writing any violation to the division.
6. Copies of any record, reports, inspection materials, or information obtained under this section by the division shall be made immediately available to the public at central and sufficient locations in the area of mining so that they are conveniently available to residents in the areas of mining.
7. An employee of the division performing any function or duty under this chapter shall not have a direct or indirect financial interest in any mining operation.
[C81, §83.13]
C93, §207.13
2002 Acts, ch 1050, §20; 2009 Acts, ch 41, §263
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Iowa Code › Title V - AGRICULTURE › Chapter 208 - MINES › Section 208.10A - Penalties.

208.10A Penalties.
1. Any person who violates an order issued pursuant to section 208.10 shall be subject to an administrative penalty determined by the division not to exceed five thousand dollars per violation.
a. The division shall establish, by rule, a schedule or range of administrative penalties. The schedule shall provide procedures and criteria for the assessment of these penalties.
b. Administrative penalties may be assessed in lieu of or in conjunction with any action initiated by the attorney general on behalf of the division.
c. All penalties shall be paid within thirty days of the date that the order assessing the penalty becomes final. An operator who fails to pay an administrative penalty assessed by a final order of the division shall pay, in addition, interest at the rate of one and one-half percent of the unpaid balance of the assessed penalty for each month or part of a month that the penalty remains unpaid.
d. The attorney general shall, at the request of the division, institute proceedings to recover all penalties assessed.
2. If any person violates a provision of this chapter, or any rule or order adopted by the division pursuant to this chapter, the division may notify the attorney general who shall institute a civil action in district court for injunctive relief and for the assessment of a civil penalty not to exceed ten thousand dollars per violation.
3. Penalties, bond reversions, and bond forfeitures collected under the provisions of this chapter or any rule adopted by the division pursuant to this chapter shall be deposited in an interest-bearing account and may be used for the cost and administrative expenses of reclamation or rehabilitation activities for any mine site as deemed necessary and appropriate by the division.
96 Acts, ch 1043, §7
2023 Iowa Code › Title V - AGRICULTURE › Chapter 208 - MINES › Section 208.11 - Judicial review.

208.11 Judicial review.
Judicial review of the action of the committee or division may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
[C71, 73, 75, 77, 79, 81, §83A.11]
C93, §208.11
2003 Acts, ch 44, §114
Referred to in §208.8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 208 - MINES › Section 208.14 - Bond.

208.14 Bond.
The application for registration shall be accompanied by a bond or security as required under section 208.23 or 208.24. After ascertaining that the applicant is licensed under section 208.7 and is not in violation of this chapter with respect to any mine site previously registered with the division, the division shall register the mine site and shall issue the applicant written authorization to operate a mine.
[C71, 73, 75, 77, 79, 81, §83A.14]
85 Acts, ch 137, §13
C93, §208.14
Referred to in §208.9, 208.16, 208.24
2023 Iowa Code › Title V - AGRICULTURE › Chapter 208 - MINES › Section 208.15 - Amendment or cancellation.

208.15 Amendment or cancellation.
An operator may at any time apply for amendment or cancellation of registration of any site. The application for amendment or cancellation of registration shall be submitted by the operator on a form provided by the division and shall identify as required under section 208.9 the tract or tracts of land to be added to or removed from registration. If the application is for an increase in the area of a registered site, the application shall be processed in the same manner as an application for original registration. If the application is to cancel registration of any or all of the unmined part of a site, the division shall after ascertaining that no overburden has been disturbed or deposited on the land order release of the bond or the security posted on the land being removed from registration and cancel or amend the operator’s written authorization to conduct mining on the site. Fees for amendment or cancellation of registration shall be determined as provided in section 208.9. No land where overburden has been disturbed or deposited shall be removed from registration or released from bond or security under this section.
[C71, 73, 75, 77, 79, 81, §83A.15]
C93, §208.15
96 Acts, ch 1043, §8
Referred to in §208.23, 208.24
2023 Iowa Code › Title V - AGRICULTURE › Chapter 208 - MINES › Section 208.16 - Transfer to new operator.

208.16 Transfer to new operator.
1. If control of a mine site registered pursuant to section 208.9 is acquired by an operator other than the operator holding authorization to conduct mining on the site, the new operator shall within thirty days apply for registration of the site. The application shall be made and processed as provided under sections 208.9 and 208.14. The former operator’s bond or security shall not be released until the new operator’s bond or security has been accepted by the division.
2. The division may establish procedures for transferring the responsibility for reclamation of a mine site to a state agency or political subdivision, or to a private entity, which intends to use the site for other purposes. The division, with agreement from the receiving agency or subdivision, or from a private entity, to complete adequate reclamation, may approve the transfer of responsibility, release the bond or security, and terminate or amend the operator’s authorization to conduct mining on the site.
[C71, 73, 75, 77, 79, 81, §83A.16]
C93, §208.16
96 Acts, ch 1043, §9; 2004 Acts, ch 1175, §228
Referred to in §208.17
2023 Iowa Code › Title V - AGRICULTURE › Chapter 208 - MINES › Section 208.17 - Reclamation requirements.

208.17 Reclamation requirements.
1. An operator authorized under this chapter to operate a mine, after completion of mining operations and within the time specified in section 208.19, shall:
a. Grade affected lands to slopes having a maximum of one foot vertical rise for each four feet of horizontal distance. Where the original topography of the affected land was steeper than one foot of vertical rise for each four feet of horizontal distance, the affected lands may be graded to blend with the surrounding terrain. However, water impoundments, pit or quarry floors, and highwalls are not subject to the requirements of this paragraph.
b. Stabilize and revegetate affected lands, except for water impoundments and pit or quarry floors as approved by the division before the release of the bond as provided in section 208.19.
c. Properly dispose of all mine-related debris, junk, waste materials, old equipment, and other materials of similar or like nature, within the registration boundaries of the site.
2. Notwithstanding subsection 1, overburden piles where deposition has not occurred for a period of twelve months shall be stabilized and revegetated.
3. Topsoil that is a part of overburden shall not be destroyed or buried in the process of mining.
4. The division may grant a variance from the requirements of subsections 1 and 2.
5. A bond or security posted under this chapter to assure reclamation of affected lands shall not be released until all of the reclamation work required by this section has been performed in accordance with this chapter and division rules, except when a replacement bond or security is posted by a new operator or responsibility is transferred under section 208.16.
[C71, 73, 75, 77, 79, 81, §83A.17]
85 Acts, ch 137, §14
C93, §208.17
96 Acts, ch 1043, §10
Referred to in §208.19, 208.23, 208.28
2023 Iowa Code › Title V - AGRICULTURE › Chapter 208 - MINES › Section 208.18 - Periodic reports.

208.18 Periodic reports.
An operator shall file with the division a periodic report for each mine site under registration.
1. The report shall make reference to the most recent registration of the mine site and shall show:
a. The location and extent of all surface land area on the mine site affected by mining during the period covered by the report.
b. The extent to which removal of mineral products from all or any part of the affected lands has been completed.
2. The report shall be filed not later than twelve months after original registration of the site and prior to the expiration of each subsequent twelve-month period. A report shall also be filed within thirty days after completion of all mining operations at the site regardless of the date of the last preceding report. Forms for the filing of periodic reports required by this section shall be provided by the division.
[C71, 73, 75, 77, 79, 81, §83A.18]
85 Acts, ch 137, §15
C93, §208.18
96 Acts, ch 1043, §11
Referred to in §208.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 208 - MINES › Section 208.19 - Reclamation schedule.

208.19 Reclamation schedule.
1. An operator of a mine shall reclaim affected lands according to a schedule established by the division, but within a period not to exceed three years, after the filing of a report required under section 208.18 indicating the mining of any part of a site has been completed.
2. For certain postmining land uses, such as a sanitary landfill, the division may allow an extended reclamation period.
3. An operator, upon completion of any reclamation work required by section 208.17, shall apply to the division in writing for approval of the work. The division shall within a reasonable time determined by divisional rule inspect the completed reclamation work. Upon determination by the division that the operator has satisfactorily completed all required reclamation work on the land included in the application, the division shall release the bond or security on the reclaimed land, shall remove the land from registration, and shall terminate or amend as necessary the operator’s authorization to conduct mining on the site.
[C71, 73, 75, 77, 79, 81, §83A.19]
85 Acts, ch 137, §16; 87 Acts, ch 115, §11
C93, §208.19
96 Acts, ch 1043, §12; 2017 Acts, ch 54, §76
Referred to in §208.17, 208.20, 208.24
2023 Iowa Code › Title V - AGRICULTURE › Chapter 208 - MINES › Section 208.20 - Extension of time.

208.20 Extension of time.
The time for completion of reclamation work may be extended upon presentation by the operator of evidence satisfactory to the division that reclamation of affected land cannot be completed within the time specified by section 208.19.
[C71, 73, 75, 77, 79, 81, §83A.20]
85 Acts, ch 137, §17
C93, §208.20
96 Acts, ch 1043, §13
2023 Iowa Code › Title V - AGRICULTURE › Chapter 208 - MINES › Section 208.21 - Political subdivision engaged in mining.

208.21 Political subdivision engaged in mining.
Any political subdivision of the state of Iowa which engages or intends to engage in mining shall meet all requirements of this chapter except the subdivision shall not be required to post bond or security on registered land and shall not be required to pay licensing fees.
[C71, 73, 75, 77, 79, 81, §83A.21]
C93, §208.21
96 Acts, ch 1043, §14