Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 7 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Section 10 CSR 40-7.031 - Permit Revocation, Bond Forfeiture and Authorization to Expend Reclamation Fund Monies

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies, revises and sets forth
				  requirements, criteria and procedures for permit revocation, bond forfeiture
				  and authorization to expend reclamation fund monies pursuant to sections
				  444.810,
				  444.830,
				  444.885,
				  444.960 and 444.970,RSMo.
(1)
				Criteria for Permit Suspension or Revocation. A permit shall be subject to
				suspension or revocation if any of the following conditions apply:
(A) The permittee has failed to abate a
				notice of delinquent reclamation within the time established for the
				abatement;
(B) The permittee has
				failed to abate a cessation order within the time established pursuant to
				10 CSR
				40-8.030(6)(C) 3.;
(C) The permittee has become insolvent,
				failed in business, been adjudicated bankrupt, filed a petition in bankruptcy
				or for a receiver or had such a petition filed against him/her; or had a
				receiver appointed by any court or a creditor of the permittee, has attached or
				executed a judgment against the permittee's equipment, materials or facilities
				at the permit area, and the permittee cannot demonstrate or prove the ability
				to continue to operate in compliance with the regulatory program and the permit
				and plan;
(D) Any other permit
				issued to the permittee, or to any entity in which the permittee is a
				principal, or to any entity in which a principal of the permittee is a
				principal, or to an entity controlled by or under common control with the
				permittee, has been revoked and the reclamation plan for that permit has not
				been completed; or if the reclamation plan for that permit has been completed,
				the person to whom that permit was issued has not fully paid the costs of the
				completion to the reclamation fund;
(E) The permittee has failed to comply with
				any conditions established by the commission pursuant to paragraph (2)(E)1. or
				2.; or
(F) A pattern of violations
				of any requirements of the regulatory program, or any permit conditions
				required by the law, exists or has existed and the violations were caused by
				the permittee willfully or through unwarranted failure to comply with those
				requirements or conditions.
1. Willful
				violation means an act or omission which violates the regulatory program or any
				permit condition required by the regulatory program, committed by a person who
				intends the result which actually occurs. Unwarranted failure to comply means
				the failure of the permittee to prevent the occurrence of any violation of the
				permit or any requirement of the regulatory program due to indifference, lack
				of diligence or lack of reasonable care, or the failure to abate any violation
				of the permit or the regulatory program due to indifference, lack of diligence
				or lack of reasonable care. Violations by any person conducting surface coal
				mining operations on behalf of the permittee shall be attributed to the
				permittee unless the permittee establishes that they were acts of deliberate
				sabotage.
2. The commission or
				director may determine that a pattern of violations exists, or has existed,
				based on two (2) or more inspections of the permit area within any twelve (12)
				months after considering the circumstances, including:
A. The number of violations cited on more
				than one (1) occasion of the same or related requirements of the regulatory
				program or the permit;
B. The
				number of violations cited on more than one (1) occasion of different
				requirements of the regulatory program or the permit; and
C. The extent to which the violations were
				isolated departures from lawful conduct.
3. The director shall promptly review the
				history of violations of any permittee who has been cited for violations of the
				same or related requirements of the program or the permit during three (3) or
				more inspections of the permit area within any twelve (12)-month period. If,
				after the review, the director determines that a pattern of violations exists
				or has existed, s/he shall issue an order to show cause as provided in
				subsection (2)(A) of this rule.
4.
				Whenever a permittee fails to abate a violation contained in a notice of
				violation or cessation order within the abatement period set in the notice of
				violation or cessation order or as subsequently extended, the director shall
				review the permittee's history of violations to determine whether a pattern of
				violations exists pursuant to this section and, if so, shall issue an order to
				show cause as provided for in subsection (2)(A) of this rule.