Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 45 - Metallic Minerals Waste Management › Chapter 6 - Permits › Section 10 CSR 45-6.010 - Permit Applications-General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes procedures for obtaining
				  a Metallic Minerals Waste Management Permit and steps taken to implement
				  sections 444.352-444.380, RSMo Supp. 1989. It qualifies portions of the law and
				  the relationship with other environmental programs.
(1) All persons who operate or desire to
				operate a metallic minerals waste management area shall apply to the director
				for a permit required by section
				444.358,
				RSMo Supp. 1989. Each permit shall consist of a closure plan and an
				inspection-maintenance plan consistent with sections
				444.362
				and
				444.365,
				RSMo Supp. 1989 and other terms and conditions as may be necessary to implement
				those plans.
(2) The minimum
				contents of the application are listed in section
				444.360,
				RSMo Supp. 1989. To support implementation of the statute-
(A) Application documents should be submitted
				in triplicate to the Land Reclamation Program, P.O. Box 176, Jefferson City, MO
				65102;
(B) All applications shall
				be submitted under a cover letter signed by the operator. The letter shall
				contain the following certification statement: "(name of operator) certifies
				that the information contained in this application, to the best of its
				knowledge and belief, is true, complete and accurate, and if granted this
				permit, agrees to abide by the Metallic Minerals Waste Management Act and all
				rules, orders and decisions issued under the Act's authority subject to any
				legitimate appeal available to it";
(C) The legal description required by section
				444.360,
				RSMo Supp. 1989 need only contain the sections impacted by the waste management
				area and the appropriate township and range. A survey of the metallic minerals
				waste management boundary is not required;
(D) The person who holds fee title to the
				property will be considered the owner of the surface of the waste management
				area;
(E) The operator of a waste
				management area, who is not the owner, must provide a statement of the legal
				right to operate on the waste management area. This statement is to be
				submitted to the owner and must certify that a copy of the plan has been
				provided to the owner. The word plan, as used in sections 444.352-444.380, RSMo
				Supp. 1989 refers to both the closure and inspection-maintenance plans. A copy
				of a letter sent by the applicant to the fee title holder certifying the plans
				to the owner needs to be a part of the application;
(F) The application or transmittal letter
				covering the application shall contain the following clause: "(name of
				operator) hereby grants to the director of the Department of Natural Resources
				or his/her authorized representatives the right of entry and travel upon its
				lands and operations at all normal working times for the purpose of making
				necessary field inspections during the operation of the area and during the
				closure and inspection-maintenance periods";
(G) The maps required by section
				444.360(8),
				RSMo Supp. 1989 may be submitted as one (1) map or as separate maps. If
				separate maps are submitted, they should be drawn to the same scale and
				preferably on a drafting material capable of overlaying;
(H) Maps identifying the waste management
				area should illustrate the existing and projected boundaries of the waste
				management area;
(I) The contiguous
				properties referred to in section
				444.360(8)(c),
				RSMo Supp. 1989 should include, but not be limited to, items such as
				underground mine networks, air shafts, mills, clear water ponds and surface
				structures;
(J) Geologic features
				that could relate to surface water and groundwater quality or dam stability
				should be included on maps. These should include, but are not limited to,
				features such as karst areas, caves, springs, unconsolidated geologic
				materials, faults and other bedrock formations;
(K) The water well information supplied
				should include all known or suspected residential water supplies and
				underground injection wells. Any available information about well and casing
				depths or aquifers should be included and updated every five (5) years with the
				required closure plan review; and
(L) A geological cross-section of the area
				under the waste management area should be submitted and include well depths,
				aquifers, standing water in wells, unconsolidated geologic material, bedrock
				formations and significant information regarding the quality of groundwater.
				This cross-section should be at the same horizontal scale as the map required
				in section
				444.360(8),
				RSMo. The vertical scale shall be clearly labeled.