reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 9 - Abandoned Mine Reclamation Fund; Abandoned Mine Reclamation and Restoration › Section 10 CSR 40-9.040 - Acquisition of Land and Water for Reclamation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for the
				  acquisition of land and water for reclamation purposes by the state under the
				  state reclamation plan pursuant to sections
				  444.810,
				  444.925.3-6,
				  and 444.940, RSMo.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Land Eligible for Acquisition.
(A) Land adversely affected by past coal
				mining practices may be acquired by the commission with federal moneys from the
				fund if approved in advance by the office. Prior to acquisition of such land,
				the commission shall find in writing that acquisition is necessary for
				successful reclamation in accordance with section 444.925.1, RSMo.
(B) The commission in
				acquiring land under this rule shall acquire only such interests in the land as
				are necessary for the reclamation work planned or the post-reclamation use of
				the land. Interest in improvements on the land, mineral rights, or associated
				water rights may be acquired if-
1. Severance
				of such interests from the surface estate cannot be made; or
2. Such interests are necessary to the
				reclamation work planned or the post-reclamation use of the land; and
3. Adequate written assurances cannot be
				obtained from the owner of the severed interest that future use of the severed
				interest will not be in conflict with the reclamation to be
				accomplished.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 9 - Abandoned Mine Reclamation Fund; Abandoned Mine Reclamation and Restoration › Section 10 CSR 40-9.050 - Management and Disposition of Land and Water

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for
				  management and disposition of land and water acquired for reclamation purposes
				  by the state under the state reclamation plan pursuant to sections
				  444.810,
				  444.[8]925.5, 444.[8]925.6, and 444.940, RSMo.
(1) Management of Acquired Lands.
(A) Land acquired under
				10 CSR
				40-9.040 may be used pending disposition under section
				(2) of this rule for any lawful purpose that is not inconsistent with the
				reclamation activities and post-reclamation uses for which it was
				acquired.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 9 - Abandoned Mine Reclamation Fund; Abandoned Mine Reclamation and Restoration › Section 10 CSR 40-9.060 - Reclamation on Private Lands

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Amendment is due to legislative changes to
				  the "Land Reclamation Act" (the "Act") in 2014, (HB 1201 and SB 642) rules, to
				  align rules with federal regulation, and to conform to the requirements of
				  Executive Order 17-03.
(1)
				Reclamation activities may be carried out on private land if a consent to enter
				is obtained under
				10 CSR
				40-9.030(1), or if entry is necessary
				and made under
				10 CSR
				40-9.030(3) or
				10 CSR
				40-9.030(4).
(2) Appraisals.
(A) A notarized appraisal of private land to
				be reclaimed which may be subject to a lien under subsection (3)(A) of this
				rule shall be obtained from an independent appraiser. The appraisal shall
				state-
1. The estimated market value of the
				property in its unreclaimed condition; and
2. The estimated market value of the property
				as reclaimed.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 10 - Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations › Section 10 CSR 40-10.010 - Permit Requirements for Industrial Mineral Operations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule amendment follows the review
				  conducted pursuant to Executive Order 17-03. The amendment proposes to remove
				  language that repeats statute or is obsolete.
(1) Operations Required to Have Permits. Any
				person, firm, or corporation engaged in or controlling surface mining of
				industrial minerals in areas opened on or after January 1, 1972, must obtain a
				permit from the Missouri Mining Commission in accordance with section
				444.770.1. and 444.770.2., RSMo. The effective date for having to obtain a
				permit for minerals not covered previously under the provisions of the Land
				Reclamation Act, as amended is August 28, 1990.
(A) After August 28, 1990, surface mining for
				the following industrial minerals shall require a permit:
1. Gravel;
2. Limestone;
3. Granite;
4. Traprock;
5. Tar sands;
6. Clay;
7. Barite;
8. Sandstone;
9. Oil shale;
10. Sand;
11. Shale; and
12. All others as defined in 444.765(11),
				RSMo.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 10 - Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations › Section 10 CSR 40-10.020 - Permit Application Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The amendment will increase acreage, site and total
				  fees for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operation
				  mining more than five thousand (5,000) tons per year along with clarifying
				  public notice certified mail out requirements, aligning the rules with a name
				  change of a federal government agency and changing a recommendation to a
				  decision by the director for permit issuance or denial.
(1) The commission shall prescribe the form
				and content of the application to be submitted to the commission in order for
				an operator to obtain a mining permit. The applicant must submit the required
				information before a permit may be issued.
(2) As required by section
				444.772,
				RSMo, an applicant shall provide a complete application package submitted which
				includes the following:
(A) A completed
				application form supplied by the commission signed and dated by an officer of
				the applicant or other authorized representative of the applicant. The form
				shall contain at least the following information:
1. The applicant's name;
2. The name of an individual in charge of the
				operation;
3. The permanent and
				temporary post office address of the applicant;
4. The name of a person to contact about the
				application;
5. A legal description
				to the nearest one-quarter, one-quarter (1/4, 1/4) section and the estimated
				number of acres of any land to be affected by surface mining by the applicant
				during the succeeding twelve (12)-month term of the permit;
6. The source of the applicant's legal right
				to mine the land affected by the permit;
7. A list of permits which the applicant or
				any person associated with the applicant in a management function holds or has
				held that have been issued by the Land Reclamation Program. The definition of
				"person associated with the applicant in a management function" means any
				proprietorship, subsidiary corporation, parent corporation, sister corporation,
				successor corporation, or the applicant's officers and directors if the
				applicant is a corporation and includes all partners if the applicant is a
				partnership;
8. A list of every
				individual associated with the applicant in a management function responsible
				for compliance with sections
				444.500 to
				444.790,
				RSMo; and
9. The mineral to be
				mined;
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 10 - Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations › Section 10 CSR 40-10.040 - Permit Review Process

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule amendment follows the review
				  conducted pursuant to Executive Order 17-03. The amendment proposes to remove
				  language that repeats statute or is obsolete.
(1)
				The director may approve a variance to a permit application or permit amendment
				when the operation, reclamation, or conservation plan deviates from the
				requirements of sections 444.760- 444.790, RSMo and these rules if it can be
				demonstrated by the operator that-
(A)
				Conditions present at the mine location warrant the exception;
(B) The protection of the health, safety, and
				livelihood of the public is not reduced;
(C) There is no additional effect to the
				landowner's or adjacent landowner's property than the effects under a normal
				permit;
(D) The protection afforded
				by sections 444.760-444.790, RSMo is not reduced;
(E) The procedure to be used in the review of
				a request for a variance shall be as follows:
1. The operator shall identify on a map the
				location of the area(s) that the variance request applies. Such map shall
				comply with the requirements of
				10 CSR
				40-10.020(2)(E); and
2. The operator shall list the number of
				acres involved in the variance request area, the dates that work is to commence
				and is to be completed, and the nature of the variance request; and
(F) If the director recommends a
				denial of the variance, the applicant may request a hearing, as provided for in
				444.789, RSMo.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 10 - Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations › Section 10 CSR 40-10.050 - Performance Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements that a
				  surface mine operator must meet to protect the environment and restore
				  the
surface-mined land by setting standards for
				  post-mining land use, backfilling and grading, sediment and water management
				  control, protection of adjacent properties and time extension criteria pursuant
				  to section 444.760-444.790, RSMo.
(1) Copies of all current Land Reclamation
				Program permits must be available for inspection at the mine office that is
				listed on the permit application.
(2) Lateral Support Requirements.
(A) The distance from a public road, street
				or highway right-of-way to the beginning of excavation shall be-
1. Twenty-five feet (25') plus one and
				one-half (1 1/2) times the depth of unconsol-idated material; and
2. The minimum allowable distance is fifty
				feet (50'), unless a variance is granted by the commission. The variance shall
				be according to
				10 CSR
				40-10.040(2) and shall be approved by
				the authority having jurisdiction over the road.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 10 - Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations › Section 10 CSR 40-10.060

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 444.767, RSMo 1971, amended 1990,
					 1993, 2001; 444.772, RSMo 1971, amended 1984, 1990, 1992, 2001; and 444.784,
					 RSMo 1971, amended 1990, 2001.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 10 - Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations › Section 10 CSR 40-10.070 - Enforcement

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  enforcement procedures pursuant to sections
				  444.778,
				  444.782,
				  444.786,
				  444.787, 444.788 and 444.789, RSMo.
(1) Operations Without a Permit.
(A) If surface mining activities are being
				conducted without a permit or in violation of any revocation order and a
				variance has not been issued, enforcement action shall be taken.
1. Prior to the filing of any suit, a notice
				of violation shall be issued to the operator by the director or an authorized
				representative of the director. This notice shall be in writing, signed by the
				person writing the violation and setting forth:
A. The nature of the alleged
				violation;
B. The law, regulation
				or permit requirement violated;
C.
				The location of the affected area to which it applies;
D. The remedial action(s) required;
and
E. A
				reasonable time for abatement.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 10 - Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations › Section 10 CSR 40-10.080 - Hearings and Informal Conferences

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule amendment follows the review
				  conducted pursuant to Executive Order 17-03. The amendment proposes to remove
				  language that repeats statute or is obsolete.
(1) Other Hearings.
(A) If an owner of land that has been
				affected files a petition in opposition to the release of an operator's bond
				within thirty (30) days of the receipt date of the application for bond
				release, a hearing may be held to determine if the site meets bond release
				standards. The landowner shall make a demonstration that a performance
				standards(s) has/have not been met at the site in question in order for the
				commission to determine if a hearing will be held.
(B) If the director recommends denial of an
				application for bond release, the operator may request a hearing within thirty
				(30) days of the receipt of the denial.
(C) Within fifteen (15) days of being issued
				a formal complaint, the operator may request a hearing before the Missouri
				Mining Commission at its regular meeting.
(D) For any decision of the commission made
				pursuant to a hearing held under this section, judicial review is provided in
				Chapter 536, RSMo. No judicial review shall be available, however, until and
				unless all administrative remedies are exhausted. The hearing shall also adhere
				to the requirements of section
				444.789,
				RSMo and corresponding regulations.
(E) For all hearings, the Missouri Mining
				Commission shall issue these orders as shall be appropriate and shall give
				notice to the operator and, if applicable, to the person requesting the
				hearing.
(F) All final orders of
				the commission shall be subject to judicial review. Judicial review shall not
				become available until all administrative remedies are exhausted.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 10 - Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations › Section 10 CSR 40-10.100 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule amendment follows the review
				  conducted pursuant to Executive Order 17-03. The amendment proposes to remove
				  language that repeats statute or is obsolete.
(1) Administrative penalty. The monetary fine
				assessed by the commission.
(2) Amended permit.
				Involves adding an area to an existing permit area where the area added is
				already included in an approved long-term operation and reclamation plan. An
				amended permit does not require a public notice.
(3) Applicable law.
				That which an operator is required to adhere to with regard to any
				environmental law or regulation that the Missouri Department of Natural
				Resources administers.
(4) Conference, conciliation, and persuasion
				(CC&P). The administrative means employed by the director or his/her
				representative to resolve or prevent an alleged violation of the law, rules,
				permit, or conditions of the bond, including, but not limited to, informal
				conversations, telephone conversations, and letters issued by the
				director.
(5) Consolidated material. Any naturally formed
				aggregate or mass of mineral matter which is firm and coherent and that cannot
				be excavated by normal construction equipment. Material requires blasting to be
				excavated.
(6)
				Flood plain. Geographic areas susceptible to periodic inundation from overflow
				of natural waterways.
(7) Habitual
				violator. A person, permittee, or operator that has established a pattern of
				violations of any requirements of the Land Reclamation Act, its corresponding
				regulations, or the permit is defined here as any person or permittee who has-
(A) Three (3) similar violations in any six
				(6) or less inspections;
(B) Five
				(5) violations in any ten (10) or fewer inspections; or
(C) Three (3) or more violations in three (3)
				consecutive inspections.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 45 - Metallic Minerals Waste Management › Chapter 1 - Organization › Section 10 CSR 45-1.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 444.352-444.380 see Missouri Revised
					 Statutes 1994 and Missouri Revised Statutes Cumulative Supplement 1999;
					 536.023, RSMo 1975, amended 1976, 1997.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 45 - Metallic Minerals Waste Management › Chapter 3 - Administrative Penalties › Section 10 CSR 45-3.010 - Administrative Penalty Assessment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule amendment follows the review conducted
				  pursuant to Executive Order 17-03. The amendment proposes to remove language
				  that repeats statute or is obsolete.
(1) General Provisions.
(A) The amount of the administrative penalty
				will be determined according to section (3) of this rule. In no event may the
				total penalty assessed per day of violation exceed the statutory maximum
				specified in section
				444.375,
				RSMo.
(B)
				An order assessing an administrative penalty shall be served upon the operator,
				owner, or appropriate representative through United States Postal Service
				certified mail, return receipt requested, a private courier or messenger
				service which provides verification of delivery, or by hand delivery to the
				operator's or owner's residence or place of business. An order assessing an
				administrative penalty shall be considered as appropriately served if verified
				receipt is made by the operator's or owner's appropriate representative. A
				refusal to accept, or a rejection of certified mail, private courier or
				messenger service delivery, or by hand delivery of an order assessing an
				administrative penalty constitutes service of the order.
(C)
				The department may at any time withdraw without prejudice any administrative
				penalty order.
(D) An order assessing an administrative penalty shall
				describe the nature of the violation(s), the amount of the administrative
				penalty being assessed, and the basis of the penalty calculation.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 45 - Metallic Minerals Waste Management › Chapter 6 - Permits › Section 10 CSR 45-6.020 - Closure Plan and Inspection-Maintenance Plan-General Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule amendment follows the review conducted
				  pursuant to Executive Order 17-03. The amendment proposes to remove language
				  that repeats statute or is obsolete.
(1) Consistent with sections
				444.362
				and
				444.365,
				RSMo, the requirements of applicable state environmental programs and permits
				shall be included in the closure and inspection-maintenance plans. Compliance
				with these requirements will be considered a condition of the Metallic Minerals
				Waste Management Permit. Existing environmental programs, permits, statutes,
				and rules include, but are not limited to:
(A)
				The Water Protection Program's-
1. National
				Pollutant Discharge Elimination System (NPDES) Permit, Chapter 644, RSMo and
				10 CSR
				20-6.010;
2. 401/404 approvals, Federal Clean Water Act
				and section 401, RSMo;
3. Land
				application letters of approval Chapter 644, RSMo; and
4. Underground Injection Control (UIC)
				Permit, Chapters 577 and 644, RSMo,
				10 CSR
				20-6.070, and
				10
				CSR 20-6.090;
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 45 - Metallic Minerals Waste Management › Chapter 6 - Permits › Section 10 CSR 45-6.030 - Financial Assurance- Company Guarantee and Financial Test

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes procedures for
				  obtaining approval from the director of the Department of Natural Resources of
				  a financial assurance instrument in the form of a company
				  guarantee.
(1) Definitions.
				The terms defined in section (1) of this rule are used in the specifications
				for the financial test which shall accompany a company guarantee. The
				definitions are intended to assist in understanding the rule and are not
				intended to limit the term definitions in any way that conflicts with generally
				accepted accounting practices.
(A) Assets.
				All existing and all probable future economic benefits obtained or controlled
				by a particular entity.
(B)
				Company. The owner/operator of the metallic mineral waste management
				area.
(C) Current assets. Cash or
				other assets or resources commonly identified as those which are reasonably
				expected to be realized in cash or sold or consumed during the normal operating
				cycle of the business.
(D) Current
				liabilities. Obligations whose liquidation is reasonably expected to require
				the use of existing resources properly classifiable as current assets or the
				creation of other current liabilities.
(E) Liabilities. Probable future sacrifices
				of economic benefits arising from present obligations to transfer assets or
				provide services to other entities in the future as a result of past
				transactions or events.
(F) Net
				working capital. Current assets minus current liabilities.
(G) Net worth. Total assets minus total
				liabilities and is equivalent to owner's equity.
(H) Owner/operator. Owner and
				operator.
(I) Parent corporation. A
				corporation which directly owns at least fifty percent (50%) of the voting
				stock of the corporation which is the facility owner or operator; the latter
				corporation is deemed a subsidiary of the parent corporation.
(J) Tangible net worth. The tangible assets
				that remain after deducting liabilities. These assets would not include
				intangibles such as goodwill and rights to patents or royalties.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 45 - Metallic Minerals Waste Management › Chapter 8 - Technical Guidelines › Section 10 CSR 45-8.010 - General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule amendment follows the review conducted
				  pursuant to Executive Order 17-03. The amendment proposes to remove language
				  that repeats statute or is obsolete.
(1)
				The closure and inspection-maintenance plans shall establish and explain the
				technical processes and steps proposed to accomplish and maintain closure.
				Issues expected to be addressed shall include, but should not be limited to:
(A) The design, construction, and maintenance
				of waste control structures, tailings dams, waste stockpiles, and supporting
				facilities;
(B) The
				characterization of waste products;
(C) The methods for control and protection of
				surface water;
(D) The methods for
				protection of groundwater and aquifers;
(E) The geology and seismicity of the
				area;
(F) The potential for
				subsidence;
(G) The reuse and
				off-site removal of wastes; and
(H)
				The surface reclamation of waste management areas.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 45 - Metallic Minerals Waste Management › Chapter 8 - Technical Guidelines › Section 10 CSR 45-8.020 - Groundwater Protection

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides guidelines regarding an
				  approvable groundwater monitoring and protection plan.
(1) Section
				444.362,
				RSMo (Cum. Supp. 1989) requires a plan for monitoring and protection of
				groundwater consistent with Missouri's Water Quality Standards at
				10 CSR
				20-7.031(5). The purpose of the plan
				shall be to prevent the contamination of groundwater in aquifers through the
				disposal of metallic minerals waste. The plan shall include, but not be limited
				to:
(A) An analysis of groundwater quality in
				the aquifers identified in the permit application;
(B) The design and construction of monitoring
				wells;
(C) A groundwater monitoring
				program during the active life of the site, during closure and throughout the
				inspection-maintenance period; and
(D) A description of the methods the operator
				will use to prevent the contamination of aquifers.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 45 - Metallic Minerals Waste Management › Chapter 8 - Technical Guidelines › Section 10 CSR 45-8.040 - Reclamation-Reuse

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule amendment follows the review conducted
				  pursuant to Executive Order 17-03. The amendment proposes to remove language
				  that repeats statute or is obsolete.
(1) Land reclamation
				methods shall be established so that-
(A)
				Wind erosion and dust generation will be minimized; and
(B) Runoff and seepage are managed to
				minimize negative environmental effects and changes in the hydrologic
				balance.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 1 - General Procedures and Definitions › Section 10 CSR 50-1.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 259.010, RSMo 1965, amended 1972;
					 259.020, RSMo 1965, amended 1972; 259.030, RSMo 1965; and 259.040, RSMo 1965,
					 amended 1972.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 1 - General Procedures and Definitions › Section 10 CSR 50-1.020 - General Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes duplication with
				  sections 259.070,
				  259.140,
				  259.190, and 259.200, RSMo,
				  improves readability, and removes unnecessary language pursuant to Executive
				  Order 17-03 and the Red Tape Reduction Initiative.
(1) All rules promulgated apply statewide
				unless otherwise specifically excepted by a written order of the
				council.
(2) The notice
				requirements in section
				259.140, RSMo, apply to each
				hearing arising under Chapter 259, RSMo, and implementing regulations heard by
				the council or any agent appointed by the council.
(A) A copy of the
				notice of the hearing will be mailed by the council to each person who has
				filed for the purpose of receiving notice. The notice will be mailed not less
				than ten (10) business days prior to the hearing date.
(B)
				The council also will provide notice to any person whose property interests may
				be affected by the outcome of the hearing.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 1 - General Procedures and Definitions › Section 10 CSR 50-1.030 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes duplication with
				  section 259.050, RSMo, adds definitions
				  for observation wells and private domestic consumption, improves readability,
				  and removes unnecessary language pursuant to Executive Order 17-03 and the Red
				  Tape Reduction Initiative.
PURPOSE: This rule provides the definitions for terms
				  used in 10 CSR 50 that are not defined in section
				  259.050, RSMo.
(1) The terms used in 10 CSR 50 have the
				meanings set forth in section
				259.050, RSMo, or this rule,
				unless the context of the term clearly indicates otherwise.
(A) Terms beginning with the letter A.
1. Abandoned site, any property or lease that
				is no longer operated as an active site for oil and gas production and
				injection projects.
2. Abandoned
				well, a well that is no longer operated for its intended use and has not been
				shut in, converted to another type of well, or plugged.
3.Area of review, an area surrounding an injection
				well(s) that extends a minimum of one-half (1/2) mile from the well(s) or from
				the unit boundary of an enhanced recovery project.
4. Area of review
				well, any well including, but not limited to, water wells, abandoned wells,
				plugged wells and dry holes, located within the area of review, which
				penetrates the injection interval.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 1 - General Procedures and Definitions › Section 10 CSR 50-1.040 - Enforcement Action and Appeal Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the procedures the state
				  geologist and council will take when an alleged violation has occurred or when
				  an operator is affected by an adverse action.
(1) The state geologist shall cause
				investigations to be made upon the request of the council or upon receipt of
				information concerning alleged violations of Chapter 259, RSMo, and
				implementing regulations or any standard, limitation, or order pursuant
				thereto, or any term or condition of any permit, and may cause to be made any
				other investigations consistent with the purposes of Chapter 259,
				RSMo.
(2) If, in the opinion of the
				state geologist, an investigation discloses that a violation of Chapter 259,
				RSMo, or implementing regulations does exist, the state geologist may issue an
				order as provided in section
				259.070,
				RSMo, requiring the remediation or abatement of the specified condition(s). The
				order shall be served by registered mail, return receipt requested. The order
				shall specify the violations of Chapter 259, RSMo, or implementing regulations
				or any standard, limitation, or order pursuant thereto, or any term or
				condition of any permit violated.
(3) Any person adversely affected by an order
				or denial of a permit, license, or transfer issued by the state geologist may
				appeal the order or denial of a permit, license, or transfer to the council
				within thirty (30) calendar days of the date the state geologist issued the
				order or denial. The appeal must be sent by registered or certified mail to the
				chairperson of the council. The council shall treat the appeal as a contested
				case consistent with Chapter 259 and Chapter 536, RSMo. The council may conduct
				any hearing it requires to decide the appeal, or may appoint a hearing officer
				to make a recommended decision. If the council elects to appoint a hearing
				officer, the hearing officer must be a licensed attorney and a member in good
				standing of the Missouri Bar. The council may sustain, reverse, or modify the
				state geologist's order or denial of a permit, license, or transfer or may make
				such other orders as it deems appropriate under the circumstances, subject to
				rights of judicial review as provided in section
				259.170,
				RSMo. If any order or denial of a permit, license, or transfer issued by the
				state geologist is not appealed within the time provided in this section, the
				order or denial of a permit, license, or transfer becomes final and may be
				enforced as provided in sections
				259.200 and/or 259.210,
				RSMo.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 1 - General Procedures and Definitions › Section 10 CSR 50-1.050 - Assessment of Costs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment improves readability,
				  clarifies requirements, and removes unnecessary language pursuant to Executive
				  Order 17-03 and the Red Tape Reduction Initiative.
(1) Beginning January 1, 2017, the following
				fees shall be assessed and deposited in the Oil and Gas Resources Fund:
(A) A fee of two hundred fifty dollars ($250)
				paid upon the submittal of an initial or renewal application for an operator
				license; except as provided in subsection (B);
(B) A fee of fifty dollars ($50) paid upon
				submittal of an initial or renewal application for an operator license by an
				applicant who solely operates a non-commercial gas well;
(C) A fee of one hundred dollars ($100) paid
				upon submittal of an application for a permit to drill, deepen, plug-back, or
				recomplete as follows:
1. Any new application
				for permit to drill, deepen, plug-back, or recomplete any well;
2. Any application for modification to the
				permit to drill, deepen, plug-back, or recomplete; or
3. Blanket requests to drill, deepen,
				plug-back, or recomplete wells proposed to depths no greater than one thousand
				five hundred feet (1500');
(D) A fee of one hundred dollars ($100) paid
				upon submittal of an application for a permit to inject as follows:
1. Any new application for a permit to inject
				in any well; or
2. Any application
				for modification to the initial injection well permit including, but not
				limited to, an increase in the maximum injection pressure and/or the maximum
				injection rate;
3. No fee will be
				assessed for a modification to an injection permit as specified in
				10 CSR
				50-2.055(5)(B);
(E) A fee of twenty-five dollars ($25) paid
				upon submittal of an application for extension of the shut-in status of a
				well;
(F) A fee of fifty dollars
				($50) paid upon submittal of a plugging record for each well plugged;
(G) A fee of sixty cents ($0.60) on each
				barrel of oil sold or marketed each month assessed to each operator. The fee
				and assessment apply only to the first purchase of oil from the operator and
				will be collected and submitted by the first purchaser of oil;
(H) A fee of seven and one-tenth cents
				($0.071) on each one thousand (1,000) cubic feet of gas sold or marketed each
				month assessed to each operator. The charge and assessment apply only to the
				first purchase of gas from the operator and will be collected and submitted by
				the first purchaser of gas;
(I) A
				late fee of no more than one hundred dollars ($100) per month assessed against
				the responsible party each month until the form or report has been submitted.
				In no case, however, will a late fee exceed one thousand two hundred dollars
				($1,200) per violation for each well.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 2 - Oil and Gas Drilling and Production › Section 10 CSR 50-2.010 - Operator License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the filing of
				  information that identifies those responsible for oil and gas exploration,
				  production, or related industry activities regulated by the council. The
				  operator license is necessary in order to properly process bonding, well
				  permitting, producing, plugging, and other council regulated activities and to
				  make sure that the person making application is, in fact, authorized to
				  represent a person, firm, or corporation.
(1) No person shall engage in oil or gas
				operations pursuant to Chapter 259, RSMo, and implementing regulations without
				first obtaining or renewing an operator license from the department, even if
				the well or storage facility is shut in or idle.
(2) Application for an operator license.
(A) An application for an operator license
				shall be completed in full on a form provided by the department and submitted,
				along with the applicable fee pursuant to
				10 CSR
				50-1.050, to the state geologist for
				approval.
(B) The state geologist
				will review the application for operator license and, within fifteen (15)
				business days, determine if the application is in proper form and if the
				requirements of Chapter 259, RSMo, and implementing regulations are met. If the
				application is incomplete or lacking information, forms, or fees, the state
				geologist will notify the applicant and suspend the application process. When
				the missing form, information, or fee is submitted by the applicant and
				received by the state geologist, the fifteen (15) business day review period
				will begin anew. If the state geologist has not received the missing or
				incomplete application information or fee within thirty (30) days after
				notification of the applicant, the application will be considered null and void
				and the applicant must reapply by submitting a new application for an operator
				license along with the associated fee.
1. If
				the state geologist finds that the application is in good form, that all
				requirements of the application have been met, and that Chapter 259, RSMo, and
				implementing regulations are being met, the state geologist will issue the
				operator license.
2. If the state
				geologist determines either that the application is not in proper form, that
				the applicant failed to submit the applicable fees, or that Chapter 259, RSMo,
				and implementing regulations are not being met, the application will be
				denied.
3. If the state geologist
				determines that the applicant is in violation of any provision of Chapter 259,
				RSMo, or implementing regulations, the state geologist may deny the
				application.
4. If the state
				geologist has not taken action by the prescribed fifteen (15) business day
				review period, the application shall be considered denied.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 2 - Oil and Gas Drilling and Production › Section 10 CSR 50-2.020 - Bonds

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Bonding is necessary before an operator
				  commences oil or gas drilling or operations to insure compliance with the
				  provisions of Chapter 259, RSMo, and the rules of the council, specifically
				  with reference to the proper plugging for abandonment of a
				  well(s).
(1) Prior to
				commencement of drilling or other operations, the operator commencing such
				drilling or operations shall make, or cause to be made, for each well a good
				and sufficient bond that-
(A) Is secured by an
				approved financial assurance instrument payable to the state of Missouri,
				conditioned upon the performance of the duty to comply with all of the laws of
				the state and the rules and orders of the council;
(B) Is submitted on a form provided by the
				department and approved by the state geologist; and
(C) Remains in full force and effect until a
				letter of release is issued by the state geologist or the bond is forfeited as
				provided in section (6) below.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 2 - Oil and Gas Drilling and Production › Section 10 CSR 50-2.030 - Application for Permit to Drill, Deepen, Plug-Back, or Recomplete

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment improves readability by
				  removing unnecessary restrictive language, removing the requirement for blanket
				  drilling permit requests to be part of an established production unit, and
				  allows the operator the ability to better manage prospective resource
				  exploration.
(1) Prior to
				commencement of operations, application for a permit to drill, deepen,
				plug-back, or recomplete any well shall be submitted to and approved by the
				state geologist.
(2) The
				application for a permit to drill, deepen, plug-back, or recomplete shall be
				completed in full and submitted on a form provided by the department along with
				the applicable fee pursuant to
				10 CSR
				50-1.050.
(3) Well location.
(A) All applications
				shall include an accurate well location map showing the following:
1. Approximate location of the well within
				the section or quarter section;
2.
				Approximate distance to the nearest existing or proposed well;
3. Approximate distance to the nearest
				perceived spacing unit line or production unit line;
4. Names and addresses of the owners of the
				property on which the well is located;
5. A north arrow and a scale; and
6. For a horizontal well, the proposed
				location of the wellbore's path and terminus.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 2 - Oil and Gas Drilling and Production › Section 10 CSR 50-2.040 - Drilling and Completion

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: One of the important functions of the
				  council is to prevent the contamination of the waters of the state. In
				  Missouri, an underground source of drinking water may occur either above or
				  below an oil and gas reservoir. This groundwater is commonly the only source of
				  water for irrigation and animal and human consumption. This rule provides
				  procedures for protecting all waters of the state and to create acceptable
				  safety standards for wells and surface installations. Plugging of wells when
				  they are abandoned is consistent with a statewide effort to prevent
				  contamination of waters of the state and additionally is important in areas
				  proven to be productive using enhanced recovery methods.
(1) During the drilling of any well, surface
				casing shall be set as follows, except as otherwise required or approved by the
				state geologist as indicated on the approved permit to drill, deepen,
				plug-back, or recomplete:
(A) Through all
				unconsolidated material plus twenty feet (20') into the underlying competent
				bedrock; or
(B) In areas where
				underground sources of drinking water are present above the production or
				injection zone(s), at a point at least fifty feet (50') below the base of the
				deepest known underground source of drinking water penetrated.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 2 - Oil and Gas Drilling and Production › Section 10 CSR 50-2.055 - Injection Wells, Mechanical Integrity Testing, and Well Stimulation Treatment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies that no fee is
				  assessed for injection permit modifications, removes section (9) and
				  incorporates that information into
				  10 CSR
				  50-2.040(7)(B) 1.B., clarifies
				  monitoring of pressure as a separate activity from mechanical integrity testing
				  by moving the language to its own section, improves readability, removes
				  repetitive language, and removes unnecessary language pursuant to Executive
				  Order 17-03 and the Red Tape Reduction Initiative.
(1) Prior to commencement of injection
				operations, the following conditions shall be met:
(A) Application for a permit to inject along
				with the applicable fee pursuant to
				10 CSR
				50-1.050 has been submitted to the state geologist on
				forms provided by the department;
(B) The operator license, bond, and approved
				completion or recompletion report are on file in the office of the state
				geologist; and
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 2 - Oil and Gas Drilling and Production › Section 10 CSR 50-2.060 - Shut-in Wells, Plugging, and Conversion to Water Well

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the protection of
				  both surface water and groundwater. Drilling muds, oil, and water recovered
				  from drilling or testing operations should be disposed of so that pollution of
				  surface soil, ponds, and streams is avoided. Underground sources of drinking
				  water strata are protected by casing set below the deepest strata penetrated
				  that might contain underground sources of drinking water. Dry holes should be
				  plugged in a manner that subsurface salt water or mineralized water will be
				  confined to the stratum in which it occurs. Similarly, each oil or gas stratum
				  penetrated by a well should be permanently sealed when abandoned to prevent
				  contamination of underground sources of drinking water and also to prevent
				  damage by water of any oil or gas stratum capable of producing in paying
				  quantities. In certain logging procedures, a radioactive source (in a probe or
				  sonde) is lowered into the borehole to provide certain subsurface data useful
				  in exploration for oil and gas. Should this radioactive source contained in a
				  logging tool be lost in the hole, certain procedures are prescribed to prevent
				  the accidental or intentional mechanical disintegration of the radioactive
				  source. Further, there are provisions for marking the well site permanently as
				  a warning that a radioactive source has been abandoned in the
				  well.
(1) Shut-in wells.
(A) Shut-in status. A well is considered shut
				in whenever it has not been operated for ninety (90) calendar days or more. The
				shut-in status shall not exceed ninety (90) calendar days. Prior to the
				expiration of the ninety (90) calendar days shut-in status, the operator of
				that well shall perform one (1) of the following:
1. Return the well to operation and notify
				the state geologist on the monthly well status report per
				10 CSR
				50-2.080(2); or
2. Plug the well; or
3. Petition the state geologist for an
				extension and propose an end date for the shut-in status.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 50 - Oil and Gas Council › Chapter 2 - Oil and Gas Drilling and Production › Section 10 CSR 50-2.065 - Operations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes the requirement for
				  gas metering, consolidates tank signage requirements by incorporating language
				  from 10 CSR
				  50-2.010(6)(A) 7., improves
				  readability, and removes unnecessary language pursuant to Executive Order 17-03
				  and the Red Tape Reduction Initiative.
(1) Tank identification. All oil tanks, tank
				batteries, tanks used for produced water collection or disposal, and tanks used
				for oil-sediment treatment or storage shall be identified by a sign posted on,
				or not more than fifty feet (50') from, the tank or tank battery. Within ninety
				(90) days of any transfer, the transferee shall change the tank battery
				identification sign to include the new operator information. The sign shall -
(A) Identify name, license number, and
				contact information of the operator;
(B) Identify name of the lease or unit being
				served by the tank;
(C) Identify
				location of the tank, including section, township, range, and county;
(D) Identify contents of the
				tank;
(E) Be of durable
				construction; and
(F) Be large
				enough to be legible under normal conditions at a distance of fifty feet
				(50').