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2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.352 - Definitions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1993
444.352. Definitions. —
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.
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(L. 1989 H.B. 321 § 2, A.L. 1993 S.B. 80, et al.)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.355 - Director, powers.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1989
444.355. Director, powers. —
The director shall have and exercise all powers provided in sections 444.352 to 444.380, including but not limited to the following:
(1) Ensure the coordination of existing environmental programs for the processing of the permit required by sections 444.352 to 444.380;
(2) Issue such permits, determinations and orders as authorized;
(3) Cause to be instituted in any court of competent jurisdiction legal proceedings for injunction and other appropriate relief to enforce sections 444.352 to 444.380;
(4) Exercise general supervision of the administration and enforcement of sections 444.352 to 444.380 and the rules promulgated pursuant thereto;
(5) Retain, employ, provide for and compensate, within appropriations available, such assistants, deputies, clerks and other employees, consultants and contractors necessary to carry out the provisions of sections 444.350 to 444.380;
(6) Apply for, accept, receive and administer grants or other funds or gifts from public and private organizations and agencies including the federal government for the purpose of carrying out any of the functions of sections 444.352 to 444.380;
(7) Budget, receive and disburse duly appropriated funds for expenditures to develop and implement the provisions of sections 444.350 to 444.380;
(8) Ensure that each operator obtains such necessary permit and meets the requirements of sections 444.352 to 444.380 and the rules promulgated thereunder for proper management of metallic minerals waste management areas;
(9) Make inspections and investigations, including gathering of samples and performing of tests and analyses, and to enter or authorize any representative of the department to enter, at all reasonable times, in or upon any private or public property. Such entry shall be solely for the purpose of issuing orders and permits, or for inspecting or investigating facilities, records, permits or management practices for violation of the program established by sections 444.352 to 444.380;
(10) Collect and maintain, and require any owner or operator to collect and maintain, records and information concerning metallic minerals waste management practices.
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(L. 1989 H.B. 321 § 3)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.358 - Permit required, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1989
444.358. Permit required, when. —
No later than six months after August 28, 1989, for active metallic minerals waste management areas presently operating under a National Pollutant Discharge Elimination System (NPDES) permit, or dam safety registration, or both, or within ninety days after filing an application for an NPDES construction permit or dam safety construction permit, whichever is applied for first, the operator shall apply to the director for a metallic minerals waste management area permit. The application shall contain, but is not limited to, a schedule and plan for closure and inspection-maintenance of the waste management area, which is to be implemented when the useful operating life of the waste management area is complete or when there is permanent cessation of the operation.
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(L. 1989 H.B. 321 § 4)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.360 - Application for permit, contents.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1989
444.360. Application for permit, contents. —
The application for a metallic minerals waste management permit shall contain the following:
(1) The legal description of the waste management area;
(2) The name of the owner of the surface of the waste management area;
(3) The address and telephone number of the general office, and if separate of the local office, of the operator;
(4) The name and address of a person designated by the operator for official communications;
(5) If the fee owner of the surface of the waste management area is not the operator, a statement of the legal right to operate on the waste management area, or a statement as to the status of acquisition of that right, which certifies that a copy of the plan has been provided to the owner;
(6) A timetable estimating the proposed duration of the operation of the waste management area;
(7) The written consent, duly acknowledged, of the operator necessary to grant access to the director or his agents to the waste management area during the life of operation of the area and during the closure and inspection-maintenance periods;
(8) A map of the waste management area which shall:
(a) Be drawn to a scale of not more than one to one thousand;
(b) Identify the waste management area;
(c) Indicate the location of the area in relation to other contiguous properties operated by the applicant;
(d) Contain the names and location of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and utility lines on the waste management area;
(e) Specify the date on which the map was prepared and the northpoint and the section township and range;
(f) Locate all wells used for drinking water, agricultural or industrial purposes within one mile of the boundary of the facility;
(9) A closure plan as prescribed in section 444.362;
(10) An inspection-maintenance plan as prescribed in section 444.365;
(11) Identification by permit number and date of issuance of applicable NPDES permits and dam safety registrations, or the date of filing of the applicable NPDES construction permit or dam safety construction permit;
(12) A description of the measures to be taken during the mining and reclamation process to assure the protection of the quality of surface and ground water systems.
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(L. 1989 H.B. 321 § 5)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.362 - Closure plan, purposes, contents, review of.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1989
444.362. Closure plan, purposes, contents, review of. —
1. The operator shall submit a closure plan, the purpose of which shall be to:
(1) Ensure that metallic mineral wastes are contained on-site as required by applicable NPDES permits, dam safety registration requirements, waste management program requirements, and air pollution control regulations;
(2) Ensure the continued integrity of the waste management structures; and
(3) Ensure that the proposed final designated uses of the area are achieved.
2. The closure plan shall state the final designated uses for the waste management area, which designated uses shall be compatible with and achieve the purposes of sections 444.352 to 444.380. There may be multiple uses so long as they are compatible. The designated uses may include wildlife, agricultural, recreational, commercial, industrial or other appropriate uses, including the processing of wastes or the removal of waste materials off-site for beneficial uses. The operator shall meet the requirements for establishing the designated uses as specified by the permit.
3. Based on the designated uses, the plan shall set forth the measures to be taken to accomplish the objectives of the plan, including measures to provide, as necessary:
(1) Surface water management;
(2) Monitoring and protection of ground water;
(3) Waste management structures control;
(4) Vegetation;
(5) Control of off-site removal;
(6) Control of movement from wind; and
(7) Such other matters required to accomplish the purposes of the plan.
4. The closure plan shall be reviewed by the operator and the director every five years, or upon request of the owner or operator and shall be revised as necessary.
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(L. 1989 H.B. 321 § 6)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.365 - Inspection — maintenance plan, purposes, contents, review of.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1989
444.365. Inspection — maintenance plan, purposes, contents, review of. —
1. The operator shall submit an inspection-maintenance plan to ensure that the area will be maintained until such time as it is stabilized and will be self-maintained in accordance with the purposes of the plan.
2. The inspection-maintenance plan shall contain all measures necessary to maintain all the designated final uses and all measures required under the closure plan, including an inspection program, access control program and a program to maintain the structures and required vegetation.
3. The inspection-maintenance program shall set forth an estimated time for which each of the measures are to be continued and a proposed basis on which a determination can be made for determining that active inspection-maintenance is no longer required.
4. The inspection-maintenance program shall be reviewed by the operator and the director every five years, or upon request of the owner or operator and shall be revised as necessary.
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(L. 1989 H.B. 321 § 7)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.370 - Processing fee, annual permit fee — metallic minerals waste management fund, created, uses.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1993
444.370. Processing fee, annual permit fee — metallic minerals waste management fund, created, uses. —
1. A processing fee of ten thousand dollars shall accompany the filing of the application for a facility or metallic minerals waste management area. An annual fee of seven thousand five hundred dollars per facility or metallic minerals waste management area shall be paid when the permit is approved and on each anniversary date thereafter until the determination is made that inspection-maintenance is no longer required.
2. All sums received through the payment of fees or the forfeiture of bonds pursuant to sections 444.352 to 444.380 shall be placed in the state treasury and credited to the "Metallic Minerals Waste Management Fund" which is hereby created.
3. After appropriations by the general assembly, the money in this fund shall be expended for the administration and enforcement of sections 444.352 to 444.380 and for any other purpose directly related to effective management of remediation of a metallic minerals waste management area. Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state. All income from such investments shall be deposited in the metallic minerals waste management fund. The provisions of section 33.080 to the contrary notwithstanding, moneys in the fund shall not lapse to general revenue until the amount in the fund is in excess of three million dollars, exclusive of the interest and security forfeiture proceeds.
4. The moneys collected from any forfeiture of a financial assurance instrument shall be expended upon the area for which the permit was issued and for which the instrument was given.
5. General revenue of the state may be appropriated for or expended only for the administration and enforcement of sections 444.352 to 444.380.
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(L. 1989 H.B. 321 § 9, A.L. 1993 H.B. 312 & 257)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.372 - Permits, final approval by director — denial of permit, procedures.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1989
444.372. Permits, final approval by director — denial of permit, procedures. —
1. The director shall review the permit application and shall notify the applicant in a reasonable period of time after initial review of the completeness of the application, the need for additional information, the appropriateness of choice of final uses of the area and the adequacy of closure and inspection-maintenance plans. At the request of the applicant, a meeting shall be scheduled to negotiate and facilitate the appropriate plans to meet the purposes of sections 444.350 to 444.380 and the air pollution control program, waste management program, water pollution control program and dam safety program.
2. The director shall issue the permit or deny the permit within ninety days of receipt of the completed application. When the director has denied the permit, a conference shall be scheduled by the director to consider the matters in disagreement, and to attempt to negotiate resolution of such matters. If final agreement is reached, permit approval shall be issued. If final agreement is not reached, the director shall issue and cause to be served on the operator, a final determination specifying those matters in dispute, the basis for his determination, and conditions required to meet the director's objections.
3. All final orders and determinations of the department made pursuant to the provisions of sections 444.352 to 444.380 are subject to judicial review pursuant to the provisions of chapter 536. All final orders and determinations shall be deemed "administrative decisions" as that term is defined in chapter 536. No judicial review shall be available until all administrative remedies are exhausted.
4. In any suit filed pursuant to section 536.050 concerning the validity of the department's rules or regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such rules or regulations and may hear such additional evidence as it deems necessary.
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(L. 1989 H.B. 321 § 10)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.377 - Hearings, procedures.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1989
444.377. Hearings, procedures. —
1. Any hearing under sections 444.350 to 444.380 shall be of record and shall be a contested case.
2. Parties to such a hearing may make oral argument, introduce testimony and evidence, and cross-examine witnesses.
3. The hearing shall be before the director or the director may appoint a member in good standing of the Missouri Bar as hearing officer to hold the hearing and make recommendations to the director, but the director shall make the final decision on the hearing.
4. In any such hearing the director may issue a notice of hearing and subpoenas as provided for in section 536.077.
5. The rules of discovery that apply to any civil case shall apply to hearings under this section.
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(L. 1989 H.B. 321 § 12)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.378 - Violations, procedures to forfeit the financial assurance instrument, attorney general to assist, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1989
444.378. Violations, procedures to forfeit the financial assurance instrument, attorney general to assist, when. —
The attorney general, upon request of the director, shall institute proceedings to have the financial assurance instrument of the operator forfeited for violation by the operator of any of the provisions of sections 444.352 to 444.380. Before making such request of the attorney general, the director shall notify the operator in writing of the alleged violation or noncompliance and shall afford the operator the right to appear before the director at a hearing to be held not less than thirty days after the consideration of the director statements, documents and other information with respect to the alleged violation. After the conclusion of the hearing, the director shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the financial assurance instrument of the operator forfeited as to the land involved.
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(L. 1989 H.B. 321 § 13)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.380 - Rules, authority, promulgation, procedure.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1995
444.380. Rules, authority, promulgation, procedure. —
The director may adopt and promulgate reasonable rules and regulations to implement sections 444.352 to 444.380. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1989 H.B. 321 § 14, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.410 - Members, interstate mining commission — appointment — compensation.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
Effective - 28 Aug 1995
444.410. Members, interstate mining commission — appointment — compensation. —
The governor shall appoint one member and one alternate member to represent Missouri's interests on the interstate mining commission. Such appointment shall be with the advice and consent of the senate, as provided in Section 51 of Article IV of the Constitution of Missouri. The state's member on the commission, or the alternate, shall be entitled to reimbursement for expenses necessarily incurred in the discharge of his official duties plus, if not an employee of the state, fifty dollars for each day devoted to the affairs of the commission.
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(L. 1991 H.B. 108, A.L. 1995 H.B. 574)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.500 - Citation of law.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1990
444.500. Citation of law. —
This law, sections 444.500 to 444.755, may be known and cited as the "Strip Mine Law".
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(L. 1971 S.B. 1 § 2 subsec. 5, A.L. 1979 H.B. 459, A.L. 1990 H.B. 1584)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.510 - Definitions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 2014
444.510. Definitions. —
As used in sections 444.500 to 444.755, unless the context clearly indicates otherwise, the following words and terms mean:
(1)
"Affected land"
, the pit area or area from which overburden has been removed, or upon which overburden has been deposited;
(2)
"Box cut"
, the first open cut in the mining of coal which results in the placing of overburden on the surface of the land adjacent to the initial pit and outside of the area of land to be mined;
(3)
"Commission"
, the Missouri mining commission within the department of natural resources created by section 444.520;
(4)
"Company owned land"
, land owned by the operator in fee simple;
(5)
"Director"
, the staff director of the Missouri mining commission;
(6)
"Gob"
, that portion of refuse consisting of waste coal or bony coal of relatively large size which is separated from the marketable coal in the cleaning process or solid refuse material, not readily waterborne or pumpable, without crushing;
(7)
"Highwall"
, that side of the pit adjacent to unmined land;
(8)
"Leased land"
, all affected land where the operator does not own the land in fee simple;
(9)
"Operator"
, any person, firm or corporation engaged in or controlling a strip mining operation;
(10)
"Overburden"
, as applied to the strip mining of coal, means all of the earth and other materials which lie above natural deposits of coal, and includes such earth and other materials disturbed from their natural state in the process of strip mining;
(11)
"Owner"
, the owner of any right in the land other than the operator;
(12)
"Peak"
, a projecting point of overburden created in the strip mining process or that portion of unmined land remaining within the pit;
(13)
"Person"
, any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties;
(14)
"Pit"
, the place where coal is being or has been mined by strip mining;
(15)
"Refuse"
, all waste material directly connected with the cleaning and preparation of substances mined by strip mining;
(16)
"Ridge"
, a lengthened elevation of overburden created in the strip mining process;
(17)
"Strip mining"
, mining by removing the overburden lying above natural deposits of coal, and mining directly from the natural deposits thereby exposed, and includes mining of exposed natural deposits of coal over which no overburden lies; except that "strip mining" of coal shall only mean those activities exempted from the surface coal mining law, pursuant to subsection 6 of section 444.815.
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(L. 1971 S.B. 1 § 1, A.L. 1976 S.B. 646, A.L. 1979 H.B. 459, A.L. 1990 H.B. 1584, A.L. 2014 S.B. 642)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.540 - Annual strip mining permit required, fee, renewal.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1990
444.540. Annual strip mining permit required, fee, renewal. —
1. No person shall engage in strip mining unless such person possesses a valid permit issued by the commission designating the area of land affected by the operation. The permit shall authorize the operator to engage in strip mining upon the area of land described in the permit under conditions specified by sections 444.500 to 444.755, and regulations promulgated pursuant to sections 444.500 to 444.755. The permit shall be valid for a period of one year from the date of its issuance unless sooner revoked as provided in sections 444.500 to 444.755; except that, any permit which becomes effective on a date later than January first of any year shall be valid only until December thirty-first of that year. A separate permit shall be required for each separate mine and all permits shall be on a calendar year basis.
2. A basic fee of three hundred fifty dollars, plus an acreage fee of thirty-five dollars for each acre or fraction thereof of the area of land to be affected by strip mining, shall be paid to the commission before the permit shall be issued.
3. Where mining or reclamation operations on acreage for which a permit has been issued have not been completed during the permit year, the permit as to such acreage shall be renewed by applying on a permit renewal form furnished by the commission for an additional permit year and payment of a fee of three hundred fifty dollars and filing of a bond as provided in section 444.570. Upon receipt of the permit renewal application, fee, and filing of the bond from the operator, the commission shall issue a renewal permit, if the operator meets the requirements of sections 444.500 to 444.755 and the rules and regulations of the commission.
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(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)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.560 - Reclamation plan required, contents.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.560. Reclamation plan required, contents. —
The application for a permit shall be accompanied by a plan of reclamation that meets the requirements of sections 444.500 to 444.755, and the rules and regulations promulgated under them, and shall contain a verified statement by the operator setting forth the proposed method of operation, grading, reclamation and conservation plan for the affected area including dates and approximate time of completion, and stating that the operation will meet the requirements of sections 444.500 to 444.755 and any rule or regulation promulgated under them.
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(L. 1971 S.B. 1 § 6)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.570 - Bond, amount — commission may waive.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1990
444.570. Bond, amount — commission may waive. —
Before the issuance of the permit, the operator shall file with the commission, in such form as the commission prescribes, a bond payable to the state treasurer, conditioned that the operator shall faithfully perform all requirements of the commission in accordance with the provisions of sections 444.500 to 444.755, any such rules and regulations pursuant thereto, and conditions in the permit. The bond shall be signed by the operator as principal, and by a corporate surety licensed to do business in the state of Missouri and approved by the commission. In lieu of a bond with surety, an applicant may furnish to the commission a personal bond, on conditions as above described, secured by a certificate of deposit in an amount equal to that of the required surety bond. The penal sum of the bond shall be determined by the commission at not less than three hundred dollars nor more than seven hundred dollars for coal for each acre, or fraction thereof, of the area of land affected, with a minimum bond of two thousand dollars, except that the commission may by regulation waive the minimum bond or acreage bond, or both, as to any class of operators who do not affect more than one acre of land annually, where the strip mining operation will not, in the judgment of the commission, result in significant harmful effects on the air, water, land, fish, wildlife or other natural resources of the state. In determining the amount of the bond within the above limits, the commission shall take into consideration the character and nature of the overburden, the future suitable use of the land involved and the cost of reclamation to be required. The bond shall remain in effect until the mined acreages have been reclaimed, approved and released by the commission. Upon receipt of the permit application, the fee provided for in section 444.540 and the filing of the bond provided for in this section, the commission shall issue the permit if the operator meets the requirements of sections 444.500 to 444.755 and the rules and regulations of the commission adopted pursuant to section 444.720.
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(L. 1971 S.B. 1 § 8, A.L. 1976 S.B. 646, A.L. 1980 H.B. 1839, A.L. 1990 H.B. 1584)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.580 - Annual permit, how amended.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.580. Annual permit, how amended. —
1. An operator desiring to have his permit amended to cover additional land may file an amended application with the commission. Upon receipt of the amended application, and such additional fee and bond as may be required under the provisions of sections 444.500 to 444.755, the commission shall issue an amendment to the original permit covering the additional land described in the amended application, if the operator meets the requirements of this law and the rules and regulations of the commission.
2. An operator may withdraw any land covered by a permit, except affected land, by notifying the commission thereof, in which case the penalty of the bond or security filed by the operator pursuant to the provisions of sections 444.500 to 444.755 shall be reduced proportionately.
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(L. 1971 S.B. 1 §§ 9, 10)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.590 - Successor operator, assumption of liability — first operator released, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.590. Successor operator, assumption of liability — first operator released, when. —
Where one operator succeeds another at any uncompleted operation, either by sale, assignment, lease or otherwise, the commission may release the first operator from all liability under sections 444.500 to 444.755 as to that particular operation, but only if the successor operator applies for and qualifies for a permit under sections 444.500 to 444.755 and assumes as part of his obligation under sections 444.500 to 444.755 all liability for the reclamation of the area of land affected by the former operator and sufficient bond is filed with the commission as provided in section 444.570. The successor operator shall not be required to pay the acre fee for any acre or fraction thereof for which a fee has already been paid.
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(L. 1971 S.B. 1 § 12)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.620 - Time limits on reclamation practices.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.620. Time limits on reclamation practices. —
In addition to completion of grading, grading shall be current and shall meet the following additional time limits:
(1) Grading shall be completed not more than one hundred eighty days after the final placing of the spoil ridges. When more than one seam is to be mined, this information shall be included in the application, and the commission may defer reclamation until all seams have been mined, if such additional time does not defeat the purposes of sections 444.500 to 444.755 and there is no danger from acid mine drainage. Grading of a spoil ridge that will have an adjacent spoil ridge placed against it shall be completed one hundred eighty days after the placing of such adjacent spoil ridge. When heavy rains or other conditions make grading impracticable, the one hundred eighty day period shall be extended by the length of time such grading is impracticable.
(2) With the approval of the commission, the operator may substitute for all or any part of the affected land to be reclaimed, an equal number of acres of land previously mined and not reclaimed. If any area is so substituted the operator shall submit a map of the substituted area, and this map shall conform to all requirements with respect to other maps required by section 444.550. The operator shall be relieved of all obligations under sections 444.500 to 444.755 with respect to the land for which substitution has been permitted. However, before the commission allows such substitution, the county commission in the county affected shall determine if the substitution is in the best interest of land usage and public interest.
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(L. 1971 S.B. 1 § 15)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.630 - Report, when required, contents.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.630. Report, when required, contents. —
1. The operator shall file a report with the commission within sixty days after the date of expiration of a permit stating the exact number of acres of land affected by the operation, the extent of the reclamation already accomplished, and such other information as may be required by the commission.
2. The operator shall file another report within thirty days after grading is completed or sixty days after twelve months from the date of expiration of a permit stating the extent of grading and such other information as may be required by the commission.
3. The operator shall file a planting report with the commission within thirty days after revegetation is completed or is to be completed, showing the extent of revegetation and such other information as may be required by the commission.
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(L. 1971 S.B. 1 § 16)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.640 - Commission to investigate all reports — release from bond, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.640. Commission to investigate all reports — release from bond, when. —
1. The commission shall investigate or cause to have investigated the status of reclamation after each report referred to in section 444.580 has been filed.
2. If the commission determines that grading has been satisfactorily completed pursuant to the report and as required by this law and the rules and regulations of the commission, the commission shall release up to two-thirds of the bond filed for each acre of land completed.
3. If the commission determines that revegetation has been satisfactorily completed, the commission shall release the remainder of the bond for each acre of land completed.
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(L. 1971 S.B. 1 § 17)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.650 - Application for release from bond — objection, effect of — appeal.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.650. Application for release from bond — objection, effect of — appeal. —
1. Prior to release of the bond or any portion thereof, application shall be made by the operator to the commission, either with the completion reports or subsequent to such reports, for release of the bond.
2. If the commission determines that the bond, or any portion thereof, should be released, an order may be so issued without hearing, unless there is filed with the commission within thirty days of the date the application for release is filed, by an aggrieved party, a petition in opposition to release of the bond. In such case the commission shall hold a hearing as provided in section 444.680 and enter such order as shall be appropriate.
3. If the commission determines that the bond, or any portion thereof, should not be released, the commission shall issue an order to that effect with the reasons for the order and shall give notice to the operator. A hearing shall be held by the commission as provided in section 444.680 if requested by the operator within thirty days of the date of notice of the order. At such hearing burden of proof shall be on the operator. After hearing, the commission shall enter such order as shall be appropriate and shall give notice to the operator.
4. Appeal may be taken as provided in section 444.700, by any party to the proceeding, from any order issued pursuant to this section.
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(L. 1971 S.B. 1 § 18)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.660 - Additional time, granted when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.660. Additional time, granted when. —
The commission may grant such additional time for meeting with the completion dates required by sections 444.500 to 444.755 as are necessary due to an act of God, war, strike, riot or other catastrophe.
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(L. 1971 S.B. 1 § 19)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.670 - Commission may inspect and search — warrant, where obtained.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 02 Jan 1979, see footnote
444.670. Commission may inspect and search — warrant, where obtained. —
Commission members and authorized representatives of the commission may at all reasonable times enter upon any lands being strip mined for the purpose of inspection to determine whether the provisions of sections 444.500 to 444.755 have been complied with. No person shall refuse entry or access requested for purpose of inspection, to any member of the commission or authorized representative who presents appropriate credentials, nor obstruct or hamper any such person in carrying out the inspection. A suitably restricted search warrant, describing the place to be searched and showing probable cause in writing and upon written oath or affirmation by any member of the commission or authorized representative, shall be issued by any circuit judge or associate circuit judge in the county where the search is to be made.
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(L. 1971 S.B. 1 § 20, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.690 - Testimony at hearing, how recorded — available, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.690. Testimony at hearing, how recorded — available, when. —
At any public hearing, all testimony taken before the commission shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any party to a hearing or to any member of the public upon payment of the cost thereof. In any such hearing any member of the commission may issue in the name of the commission notice of hearing and subpoenas as provided for in section 536.077. The rules of discovery that apply to any civil case shall apply to hearings held by the commission. All final orders or determinations or other final actions by the commission shall be approved in writing by at least four members of the commission. Any commission member approving in writing any final order or determination or other final action, who did not attend the hearing, shall do so only after reviewing all exhibits and the entire transcript of the hearing.
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(L. 1971 S.B. 1 § 22)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.700 - Judicial review, when — additional evidence authorized.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.700. Judicial review, when — additional evidence authorized. —
1. All final decisions or orders of the commission shall be subject to judicial review as provided in chapter 536. No judicial review shall be available, however, until all administrative remedies are exhausted.
2. In any suit filed pursuant to section 536.050 concerning the validity of the commission's rules and regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such rules and regulations and may hear such additional evidence as it deems necessary.
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(L. 1971 S.B. 1 § 23)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.710 - Injunction and forfeiture of bond, when — attorney general to act.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.710. Injunction and forfeiture of bond, when — attorney general to act. —
In the event the commission determines that any provisions of sections 444.500 to 444.755, rules and regulations promulgated hereunder, permits issued, conditions of the bond, or any final order or determination made by the commission or the director is being violated, the commission may, either after judicial review or simultaneous with judicial review, cause to have instituted a civil action in any court of competent jurisdiction for injunctive relief and for forfeiture of bond. The attorney general shall bring such action, at the request of the commission, in the name of the state of Missouri.
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(L. 1971 S.B. 1 § 24)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.720 - Rules and regulations, when effective — notice, hearing — variances authorized.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.720. Rules and regulations, when effective — notice, hearing — variances authorized. —
1. No rule or regulation or any amendment or repeal thereof adopted pursuant to sections 444.500 to 444.755 shall be adopted except after a public hearing to be held after thirty days' prior notice by advertisement in any two newspapers of general statewide circulation and any newspapers with general circulation in the counties with strip mining operations, of the date, time and place of hearing and opportunity given to the public to be heard. In addition, at least thirty days prior to the scheduled date of the hearing, notice shall be sent by mail to any person who has registered with the director at least forty-five days prior to the scheduled date of the hearing, for purposes of such hearings in accordance with procedures prescribed by the commission.
2. At the hearing, opportunity to be heard by the commission with respect to the subject thereof shall be afforded any interested person upon written request to the commission, addressed to the director, no later than seven days prior to the hearing, and may be afforded to other persons if convenient. In addition, any interested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views. The commission may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules or regulations. Any person heard or represented at the hearing or making written request for notice shall be given written notice of the action of the commission with respect to the subject thereof.
3. Any rule or regulation or amendment or repeal thereof shall not be deemed adopted or in force and effect until it has been approved in writing by at least four members of the commission. A rule or regulation or an amendment or repeal thereof shall not become effective until a certified copy thereof has been filed with the secretary of state as provided in chapter 536.
4. Any rule or regulation or any amendment or repeal thereof which is adopted by the commission may differ in its terms and provisions as between particular types of topography and areas of the state.
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(L. 1971 S.B. 1 § 25)
CROSS REFERENCE:
Rules, procedure for making and rescinding, Chap. 536
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.730 - Mined land reclamation fund created — purpose.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1990
444.730. Mined land reclamation fund created — purpose. —
1. All sums received through the payment of fees or the forfeiture of bonds pursuant to sections 444.500 to 444.970 shall be placed in the state treasury and credited to the "Mined Land Reclamation Fund" which is hereby created.
2. After appropriation by the general assembly, the money in this fund shall be expended for the administration and enforcement of sections 444.500 to 444.970 and for reclamation of land affected by strip mine and surface mine and for no other purpose. Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state. All income from such investments shall, unless otherwise prohibited by the constitution of this state, be deposited in the mined land reclamation fund. The provisions of section 33.080 relating to the transfer of unexpended balances in various funds to the general revenue fund at the end of each biennium shall not apply to funds in the mined land reclamation fund. However, any amount in the fund in excess of three million dollars, exclusive of interest and security forfeiture proceeds, shall lapse to general revenue at the end of each biennium.
3. The moneys collected from any bond forfeiture shall be expended upon the lands for which the permit was issued and for which the bond was given.
4. General revenue of the state may be appropriated or expended for the administration or enforcement of sections 444.500 to 444.970.
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(L. 1971 S.B. 1 § 26, A.L. 1983 S.B. 241, A.L. 1987 H.B. 669, A.L. 1990 H.B. 1584)