reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 4 - Permanent Performance Requirements for Special Mining Activities › Section 10 CSR 40-4.030 - Operations on Prime Farmland

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the procedure for surface
				  coal mining and reclamation on prime farmland pursuant to 444.810 and 444.855,
				  RSMo
(1) Special
				Requirements. Surface coal mining and reclamation operations conducted on prime
				farmland shall have a permit for those operations obtained under
				10
				CSR 40-6.060(4).
(2) Scope and Purpose. This rule sets forth
				special environmental protection, performance, reclamation and design standards
				for surface coal mining and reclamation operations on prime farmland.
(3) Responsibilities.
(A) The United States Natural Resources
				Conservation Service within each state is responsible for establishment of
				specifications for prime farmland soil removal, storage, replacement and
				reconstruction.
(B) The Land
				Reclamation Commission shall use the soil reconstruction specifications of
				subsection (3)(A) of this rule to carry out its responsibilities under
				10
				CSR 40-6.060(4)
and 10 CSR 40-7.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 4 - Permanent Performance Requirements for Special Mining Activities › Section 10 CSR 40-4.040 - Operations on Steep Slopes

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment incorporates by reference the
				  federal regulations that sets forth the requirements for steep slopes pursuant
				  to sections
				  444.810
				  and
				  444.855.4.,
				  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) Permanent program performance
				standards-steep slope mining requirements set forth in 30 CFR Part 785.15 as in
				effect on January 1, 2018, are incorporated by reference in this rule. Copies
				may be obtained by contacting the U.S. Government Publishing Office, PO Box
				979050, St. Louis, MO 63197-9000 or online at
https://www.gpo.gov
. This rule does not
				incorporate any subsequent amendments or additions.
*Original authority 1971, amended 1983,
					 1990.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 4 - Permanent Performance Requirements for Special Mining Activities › Section 10 CSR 40-4.060 - Concurrent Surface and Underground Mining

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment incorporates by reference the
				  federal regulations that sets forth the requirements for concurrent surface and
				  underground mining pursuant to sections
				  444.810
				  and
				  444.855.2(12)
				  and 444.855.2(16), 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) Permanent program performance
				standards-concurrent surface and underground mining requirements set forth in
				30 CFR Part 785.18 as in effect on January 1, 2018, are incorporated by
				reference in this rule. Copies may be obtained by contacting the U.S.
				Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online
				at
https://www.gpo.gov
. This rule does
				not incorporate any subsequent amendments or additions.
*Original authority 1979, amended
					 1983.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 4 - Permanent Performance Requirements for Special Mining Activities › Section 10 CSR 40-4.070 - In Situ Processing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment incorporates by reference the
				  federal regulations that sets forth the requirements for in situ processing
				  pursuant to section
				  444.810,
				  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) Permanent program performance
				standards-in situ processing requirements set forth in 30 CFR Part 785.22 as in
				effect on January 1, 2018, are incorporated by reference in this rule. Copies
				may be obtained by contacting the U.S. Government Publishing Office, PO Box
				979050, St. Louis, MO 63197-9000 or online at
https://www.gpo.gov
. This rule does not
				incorporate any subsequent amendments or additions.
*Original authority 1979, amended
					 1983.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 4 - Permanent Performance Requirements for Special Mining Activities › Section 10 CSR 40-4.080 - Previously Mined Areas

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule brings Missouri's regulations into
				  line with the federal language.
(1) Remining operations on previously mined
				areas that contain a preexisting highwall shall comply with the requirements of
				10 CSR 403.110 or
				10 CSR
				40-4.040, except as provided in this rule.
(2) The requirements of
				10 CSR
				40-3.110(1)(B) and (2)(A) requiring
				the elimination of highwalls shall not apply to remining operations where the
				volume of all reasonably available spoil is demonstrated in writing to the
				regulatory authority to be insufficient to completely back fill the reaffected
				or enlarged highwall. The highwall shall be eliminated to the maximum extent
				technically practical in accordance with the following criteria:
(A) All spoil generated by the remining
				operation and any other reasonably available spoil shall be used to backfill
				the area. Reasonably available spoil in the immediate vicinity of the remining
				operation shall be included within the permit area;
(B) The backfill shall be graded to a slope
				which is compatible with the approved post-mining land use and which provides
				adequate drainage and longterm stability;
(C) Any highwall remnant shall be stable and
				not pose a hazard to the public health and safety or to the environment. The
				operator shall demonstrate, to the satisfaction of the regulatory authority,
				that the highwall remnant is stable; and
(D) Spoil placed on the outslope during
				previous mining operations shall not be disturbed if the disturbances will
				cause instability of the remaining spoil or otherwise increase the hazard to
				the public health and safety or to the environment.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 5 - Prohibitions and Limitations on Mining in Certain Areas and Areas Unsuitable for Mining › Section 10 CSR 40-5.020 - State Designation of Areas as Unsuitable for Mining

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth criteria and procedures
				  for the commission and director for the designation of land as unsuitable for
				  mining operations, pursuant to sections
				  444.810
				  and
				  444.890,
				  RSMo.
(1) Criteria for
				Designating Lands as Unsuitable.
(A) An area
				shall be designated as unsuitable for all or certain types of surface coal
				mining operations, upon petition, if it is determined that reclamation is not
				technologically and economically feasible under the law and 10 CSR 40-3-10 CSR
				40-8.
(B) Upon petition an area may
				be designated (but is not required to be) as unsuitable for certain types of
				surface coal mining operations, if the operations will-
1. Be incompatible with existing state or
				local land use plans or programs;
2. Affect fragile or historic lands in which
				the operations could result in significant damage to important historic,
				cultural, scientific, or esthetic values or natural systems;
3. Affect renewable resource lands in which
				the operations could result in a substantial loss or reduction of long range
				productivity of water supply or of food or fiber products; or
4. Affect natural hazard lands in which the
				operations could substantially endanger life and property. These lands to
				include areas subject to frequent flooding and areas of unstable
				geology.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.010 - General Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
for Permits, Permit Applications and Coal
				  Exploration
PURPOSE: This rule sets forth requirements for
				  permits, permit applications and coal exploration pursuant to sections
				  444.810,
				  444.815,
				  444.820,
				  444.835, 444.840 and 444.850, RSMo.
(1) Responsibilities.
(A) Persons seeking to engage in surface coal
				mining and reclamation operations and coal exploration must submit an
				application for and obtain a permit for those operations in accordance with
				this chapter.
(B) The commission or
				director will review each application for a permit, approve or disapprove each
				permit application or exploration application and issue, condition, suspend or
				revoke exploration approval, permits, renewals or revised permits as
				required.
(C) All persons engaging
				in surface coal mining and reclamation operations and coal exploration under
				this permit shall comply with the terms and conditions of the permit and
				regulatory program.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.020 - General Requirements for Coal Exploration, Permits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  coal exploration permits pursuant to 444.810 and 444.845, RSMo.
(1) Responsibilities.
(A) It is the responsibility of any person
				conducting or seeking to conduct coal exploration to comply with the
				requirements of this rule.
(B) The
				commission or director will receive applications for permits to explore,
				approve or disapprove the applications and issue, condition, suspend, revoke,
				or enforce permits as required.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.030 - Surface Mining Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for legal,
				  financial, compliance, and related information for surface mining permit
				  applications pursuant to sections
				  444.810,
				  444.815,
				  444.820,
				  444.825, 444.835, 444.840, and 444.850, RSMo.
(1) Identification of Interests.
(A) Each application shall contain the
				following information, except that the submission of a Social Security number
				is voluntary:
1. The permit applicant,
				including his/her telephone number, address, and, as applicable, Social
				Security number, and employer identification number;
2. Every legal or equitable owner of record
				of the property to be mined;
3. The
				holders of record of any leasehold interest in the property to be
				mined;
4. Any purchaser of record
				under a real estate contract of the property to be mined;
5. The operator, if the operator is a person
				different from the applicant, including his/her telephone number, address, and,
				as applicable, Social Security number, and employer identification
				number;
6. The resident agent of
				the applicant who will accept service of process, including his/her telephone
				number, address, and, as applicable, Social Security number, and employer
				identification number; and
7. The
				person who will pay the abandoned mine land reclamation fee, including his/her
				telephone number, and, as applicable, Social Security number, and employer
				identification number.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.040 - Surface Mining Permit Applications-Minimum

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for
				  information on environmental resources for surface mining permit applications
				  pursuant to sections
				  444.810,
				  444.820,
				  444.825,
				  444.835, 444.840, and 444.850, RSMo.
(1) Responsibilities.
(A) It is the responsibility of the applicant
				to provide, except where specifically exempted in this rule, all information
				required by this rule in the application.
(B) It is the responsibility of state and
				federal government agencies to provide information for applications as
				specifically required by this rule.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.050 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operations Plan

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for
				  reclamation and operations plans for surface mining permit applications
				  pursuant to sections
				  444.810,
				  444.820,
				  and
				  444.825,
				  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) Responsibilities. It is the
				responsibility of-
(A) The applicant to
				provide to the commission and director all of the information required by this
				rule except where specifically exempted in this rule.
(B) State and federal governmental agencies
				to provide information to the commission and director where specifically
				required in this rule.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.070 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for
				  review, public participation and approval of permit applications and permit
				  terms and conditions pursuant to sections
				  444.810,
				  444.815,
				  444.820,
				  444.835, 444.840, and 444.850, RSMo.
(1) Definitions. As used in subsections
				(7)(D) and (8)(I)-
(A) Willful violation
				means an act or omission which violates state or federal laws or regulations or
				individual permit conditions, committed by a person who intends the result
				which actually occurs; and
(B)
				Irreparable damage to the environment means any damage to the environment that
				cannot be corrected by actions of the applicant.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.090 - Permit Reviews, Revisions and Renewals and Transfer, Sale and Assignment of Rights Granted Under Permits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for permit
				  reviews, revisions and renewals and requirements for transfer, sale and
				  assignments for transfer, sale and assignment of rights granted under permits
				  pursuant to sections
				  444.810,
				  444.815,
				  444.840
				  and 444.850, RSMo.
(1)
				Responsibilities. The commission or director shall-
(A) Ensure that permits are revised prior to
				changes in surface coal mining and reclamation operation;
(B) Ensure that all permits are regularly
				reviewed to determine that surface coal mining and reclamation operations under
				these permits are conducted in compliance with the regulatory
				program;
(C) Effectively review and
				act on applications to renew existing permits, in a timely manner, to ensure
				that surface coal mining and reclamation operations continue, if they comply
				with the regulatory program; and
(D) Ensure that no person conducts surface
				coal mining and reclamation operations, through the transfer, sale or
				assignment of rights granted under permits, without prior approval.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.100 - Underground Mining Permit Applications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states requirements for an
				  underground mining permit application with minimum requirements for legal,
				  financial, compliance, and related information. The director is amending this
				  rule to incorporate by reference the federal regulations governing all
				  underground coal mining operations permitting in order to reduce the number of
				  state regulations as directed by the governor. This rule will amend 10 CSR
				  40-6.100, and supersede
				  10
				  CSR 40-6.110, and 10 CSR 40-6120.
(1) Permanent program performance
				standards-underground mining activities requirements are found in 30 CFR Part
				783 and 784, as in effect on January 1, 2018, are incorporated by reference in
				this rule. Copies may be obtained by contacting the U.S. Government Publishing
				Office, PO Box 979050, St. Louis, MO 63197-9000 or online at
https://www.gpo.gov
. This rule does
				not incorporate any subsequent amendments or additions.
*Original authority: 444.810, RSMo 1979, amended 1983,
					 1993, 1995.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.110

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 444.810, RSMo 1979, amended 1983,
					 1993, 1995.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.120

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 444.810, RSMo 1979, amended 1983,
					 1993, 1995.
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 40-7.010 - General Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
for Bonding of Surface Coal Mining and Reclamation
				  Operations
(Rescinded April 11, 1983)
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 40-7.011 - Bond Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for
				  bonding of surface coal mining and reclamation operations pursuant to sections
				  444.830,
				  444.910 and
				  444.950,
				  RSMo.
(1) Definitions.
(A) Increment means an area that is covered
				by a single bond and that is a portion of a permit area.
(B) Open pit means that area between the
				crest of the highwall to the toe of the spoil.
(C) Personal bond means an indemnity
				agreement is a sum certain executed by the permittee as principal which is
				supported by negotiable certificates of deposit or irrevocable letters of
				credit which may be drawn upon by the director if reclamation is not completed
				or if the permit is revoked prior to completion of reclamation.
(D) Phase I bond means a performance bond
				conditioned on the release of sixty percent (60%) of the bond upon the
				successful completion of Phase I reclamation of a permit area in accordance
				with the approved reclamation plan.
(E) Phase II bond means performance bond
				conditioned on the release of Phase II liability.
(F) Phase III bond means a performance bond
				conditioned on the release of Phase III liability.
(G) Self-bonding means an indemnity agreement
				in a sum certain executed by the applicant or by the applicant and any
				corporate guarantor and made payable to Missouri, with or without separate
				surety.
(H) Surety bond means an
				indemnity agreement in a sum certain payable to the regulatory authority,
				executed by the permittee as principal and which is supported by the
				performance guarantee of a corporation licensed to do business as a surety in
				the state where the operation is located.
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 40-7.020 - Form, Conditions and Terms of Performance Bonds and Liability Insurance

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded April 11, 1983)
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 40-7.030 - Procedures, Criteria and Schedule for Release of Performance Bonds

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded April 11, 1983)
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 40-7.040 - Performance Bond Forfeiture Criteria and Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded April 11, 1983)
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 40-7.041 - Form and Administration of the Coal Mine Land Reclamation Fund

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for
				  administration of the Coal Mine Land Reclamation Fund pursuant to sections
				  444.960,
				  444.965
				  and
				  444.970,
				  RSMo.
(1) Expenditure of
				Reclamation Fund Monies.
(A) After revocation
				of a permit and forfeiture of the associated bonds, Reclamation Fund monies
				shall be used by the director to complete reclamation pursuant to the approved
				reclamation plan and shall be used for administrative costs to the commission
				resulting directly from activities necessary to complete reclamation. All
				monies assessed for the Coal Mine Land Reclamation Fund after September 1,
				1988, are allocated so that forty percent (40%) of the assessments are applied
				to the reclamation of those permits that have been revoked by the commission
				prior to September 1, 1988, and sixty percent (60%) of the assessments are
				applied to the reclamation of those permits that have been revoked by the
				commission after September 1, 1988. All monies within the Coal Mine Land
				Reclamation Fund as of September 1, 1988, are allocated to forfeitures which
				occurred before September 1, 1988. The monies within the fund may be utilized
				by the director on any phase of reclamation.
(B) Proceeds from any collectable performance
				bonds shall be expended or committed to specific aspects of reclamation to
				which the bonds apply before Reclamation Fund monies are employed to complete
				those aspects of reclamation, except that-
1.
				Reclamation Fund monies may be expended by the director before proceeds from
				bonds are expended or committed when the expenditure will result in a net
				savings to the Reclamation Fund; and
2. Reclamation Fund monies shall be expended
				by the director before proceeds from bonds are expended or committed when
				expeditious work is necessary to comply with the laws, regulations, conditions
				of the permit or reclamation plan. This work may include, but shall not be
				limited to, treatment of acid mine drainage, erosion control and maintenance of
				water control structures.
(C) No Reclamation Fund monies may be used to
				correct disturbances that were caused by a person who did not have a duly
				approved permanent program permit.
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 40-7.050 - Requirements, Conditions and Terms of Liability Insurance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements,
				  conditions and terms of liability insurance pursuant to sections
				  444.810
				  and
				  444.830,
				  RSMo.
(1) Requirement to File
				a Certificate of Liability Insurance. Each applicant for a permit shall submit
				as part of the permit application a certificate issued by an insurance company
				authorized to do business in this state.
(2) Terms and Conditions for Liability
				Insurance.
(A) The applicant shall submit, at
				the time of permit application, a certificate certifying that the applicant has
				a public liability insurance policy in force for the surface coal mining and
				reclamation operation for which the permit is sought. The policy shall provide
				for personal injury and property damage protection in an amount adequate to
				compensate all persons injured or property damaged as a result of surface coal
				mining and reclamation operations, including the use of explosives and damage
				to water wells and any entitlement to compensation under the applicable
				provisions of state law. Minimum insurance coverage for bodily injury shall be
				three hundred thousand dollars ($300,000) for each occurrence and five hundred
				thousand dollars ($500,000) aggregate; and minimum insurance coverage for
				property damage shall be three hundred thousand dollars ($300,000) for each
				occurrence and five hundred thousand dollars ($500,000) aggregate.
(B) The policy shall be maintained in full
				force during the life of the permit or any renewal, including completion of all
				reclamation operations.
(C) The
				policy shall include a rider requiring that the insurer notify the director
				whenever substantive changes are made in the policy, including any termination
				or failure to renew.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 8 - Definitions and General Requirements › Section 10 CSR 40-8.020 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth exemptions for coal
				  extraction incident to government-financed highway or other construction
				  pursuant to section
				  444.810,
				  RSMo.
(1) General. Any person
				conducting coal extraction as an incidental part of government-financed
				construction is responsible for possessing, on the site of the extraction
				operation, the documentation required.
(2) Definitions. As used in this rule, the
				following terms have the specified meaning:
(A) Extraction of coal as an incidental part
				means the extraction of coal which is necessary to enable the construction to
				be accomplished. For purposes of this rule, only that coal extracted from
				within the right-of-way, in the case of a road, railroad, utility line or other
				construction, or within the boundaries of the area directly affected by other
				types of government-financed construction, may be considered incidental to that
				construction. Extraction of coal outside the right-of-way or boundary of the
				area directly affected by the construction shall be subject to the requirements
				of the regulatory program;
(B)
				Governmental financing agency means a federal, state, county, municipal or
				local unit of government or a department, bureau, agency or office of the unit
				which, indirectly or through another unit of government, finances construction;
				and
(C) Government-financed
				construction means construction funded fifty percent (50%) or more by funds
				appropriated from a government financing agency's budget or obtained from
				general revenue bonds. Funding at less than fifty percent (50%) may qualify if
				the construction is undertaken as an approved reclamation project under Title
				IV of the Surface Mining Control and Reclamation Act of 1977,
				30 U.S.C.
				1201
et seq.
Construction
				funded through government financing agency guarantees, insurance, loans, funds
				obtained through industrial revenue bonds, or their equivalent, or in-kind
				payments does not qualify as government-financed construction.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 8 - Definitions and General Requirements › Section 10 CSR 40-8.030 - Permanent Program Inspection and Enforcement

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for
				  permanent program inspection and enforcement pursuant to sections
				  444.810,
				  444.865,
				  444.885,
				  and 444.895, RSMo.
(1)
				Inspections by the Commission or Director.
(A)
				The director shall cause to be conducted an average of at least one (1) partial
				inspection per month of each active surface coal mining and reclamation
				operation in the state, and shall conduct partial inspections of each inactive
				surface coal mining and reclamation operation as are necessary to ensure
				compliance. A partial inspection is an on-site review of a person's compliance
				with some of the permit conditions and requirements imposed under the state
				program. The inspector shall collect evidence of any violation of those
				conditions or requirements observed.
1. For
				purposes of this rule, an active surface coal mining and reclamation operation
				is one for which the commission has not released the permittee from Phase II
				reclamation liability, as defined under
				10 CSR
				40-7.021(2)(B).
2. For purposes of this rule, an inactive
				surface coal mining and reclamation operation is one for which the commission
				has secured from the permittee the written notice provided for under
				10 CSR
				40-3.150(3) or the permittee has been
				released from Phase II reclamation liability, as defined under
				10 CSR
				40-7.021(2)(B), which has been
				completed.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 8 - Definitions and General Requirements › Section 10 CSR 40-8.040 - Penalty Assessment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the method of
				  assessment of penalties for violation of the regulatory program, pursuant to
				  sections
				  444.810
				  and
				  444.870,
				  RSMo.
(1) How Assessments Are
				Made. The director shall review each notice of violation and cessation order in
				accordance with the assessment procedures described in this rule to determine
				whether a civil penalty should be assessed, the amount of the penalty and
				whether each day of a continuing violation will be deemed a separate violation
				for purposes of the total penalty assessed and, when appropriate, file with the
				commission and serve the operator the notice provided by section
				444.870,
				RSMo within thirty (30) days of the issuance of the notice of violation or the
				cessation order.
(2) When Penalty
				Will Be Assessed.
(A) A penalty shall be
				assessed for each cessation order.
(B) A penalty shall be assessed for each
				notice of violation, if the violation is assigned thirty-one (31) points or
				more under the point system described in section (3) of this rule.
(C) A penalty may be assessed for each notice
				of violation assigned thirty (30) points or less under the point system
				described in section (3) of this rule. In determining whether to assess a
				penalty, the factor listed in subsection (3)(B) of this rule will be
				considered.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 8 - Definitions and General Requirements › Section 10 CSR 40-8.045 - Individual Civil Penalty Assessment to the Directors, Officers or Agents of a Corporation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for
				  permanent program individual civil penalty assessments.
(1) This rule covers the assessment of
				individual civil penalties to the directors, officers or agents of a
				corporation as provided for in section 444.870.6 of the Surface Coal Mining
				Law.
(2) Definitions. For purposes
				of this rule-
(A) Knowingly means that an
				individual, in authorizing, ordering or carrying out an act or omission on the
				part of a corporate permittee, knew or had reason to know that the act or
				omission constituted a violation, failure or refusal;
(B) Violation, failure or refusal means-
1. A violation of a condition of a permit
				issued under sections
				444.815
				and
				444.835
				of the Surface Coal Mining Law; or
2. A failure or refusal to comply with any
				order issued under section
				444.885,
				RSMo or any order incorporated in a final decision issued by the commission
				under the Surface Coal Mining Law, except an order incorporated in a decision
				issued under section 444.870.2 of that law; and
(C) Willfully means that an individual acted-
1. Either intentionally, voluntarily or
				consciously; and
2. With
				intentional disregard of or plain indifference to legal requirements in
				authorizing, ordering or carrying out a corporate permittee's action or
				omission that constituted a violation, failure or refusal.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 8 - Definitions and General Requirements › Section 10 CSR 40-8.050 - Small Operators' Assistance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  the Small Operators' Assistance Program pursuant to 444.530 and
				  444.810,RSMo.
(1) Definition.
				Qualified laboratory means a designated public agency, private firm,
				institution or analytical laboratory that can provide the required
				determination of probable hydrologic consequences or statement of results of
				test borings or core samplings or other services as specified in section (5) of
				this rule under the Small Operators' Assistance Program and which meets the
				standards of section (6) of this rule.
(2) Eligibility for Assistance. An applicant
				is eligible for assistance if s/he-
(A)
				Intends to apply for a permit pursuant to the law;
(B) Establishes that his/her probable total
				attributed annual production from all locations on which the operator is issued
				the surface coal mining and reclamation permit, will not exceed three hundred
				thousand (300,000) tons. Production from the following operations shall be
				attributed to the applicant:
1. The
pro rata
share, based upon percentage of ownership of
				applicant, of coal produced by operations in which the applicant owns more than
				a ten percent (10%) interest;
2.
				The
pro rata
share, based upon percentage of ownership of
				applicant, of coal produced in other operations by persons who own more than
				ten percent (10%) of the applicant's operation;
3. All coal produced by operations owned by
				persons who, directly or indirectly, control the applicant by reason of
				direction of the management; and
4.
				All coal produced by operations owned by members of the applicant's family and
				the applicant's relatives, unless it is established that there is no direct or
				indirect business relationship between or among them;
(C) Is not restricted in any manner from
				receiving a permit under the permanent regulatory program; and
(D) Does not organize or reorganize his/her
				company solely for the purpose of obtaining assistance under the Small
				Operators' Assistance Program.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 8 - Definitions and General Requirements › Section 10 CSR 40-8.060 - State Employees Financial Interest

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth procedures for
				  determining financial interests of state employees in coal mining, pursuant to
				  sections
				  444.810
				  and
				  444.865.8,
				  RSMo.
(1) To insure
				compliance with section 444.865.8, RSMo, the commission shall-
(A) Provide advice, assistance and guidance
				to all state employees required to file statements pursuant to section (4) of
				this rule;
(B) Promptly review the
				statement of employment and financial interest and supplements, if any, filed
				by each employee, to determine if the employee has correctly identified those
				listed employment and financial interests which constitute a direct or indirect
				financial interest in an underground or surface coal mining
				operation;
(C) Resolve prohibited
				financial interest situations by initiating remedial action or by reporting the
				violations to the director of the office who is responsible for initiating
				action to impose the penalties of the Act;
(D) Certify on each statement that review has
				been made, that prohibited financial interests, if any, have been resolved and
				that no other prohibited interests have been identified from the
				statement;
(E) Submit to the
				director of the office those statistics and information as s/he may request to
				enable preparation of the required annual report to congress;
(F) Submit to the director of the office the
				initial listing and the subsequent annual listings of positions as required by
				section (4) of this rule;
(G)
				Furnish a blank statement forty-five (45) days in advance of the filing date
				established by subsection (6)(A) to each state employee required to file a
				statement; and
(H) Inform annually
				each state employee required to file a statement with the commission of the
				name, address and telephone number of the person whom they may contact for
				advice and counseling.
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 40-9.010 - Abandoned Mine Reclamation Fund

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for the
				  abandoned mine reclamation fund pursuant to sections
				  444.810,
				  444.915,
				  444.920,
				  444.925, 444.930, and 444.940.2., RSMo.
(1) Definitions. For the purposes of 10 CSR
				40-9, the following terms have been defined:
(A) Abandoned mine reclamation fund or fund
				means a separate fund established by section
				444.810(11),
				RSMo (1986), to which monies granted by the director of the office under an
				approved state reclamation program and other monies are deposited in the
				fund;
(B) Emergency means an
				extreme danger which presents a high probability of considerable physical harm
				to persons, property or the environment before the danger can be abated under
				normal program operation procedures;
(C) Expended means that monies have been paid
				out by the state for work that has been accomplished or services
				rendered;
(D) Extreme danger means
				a condition which could reasonably be expected to cause considerable physical
				harm to persons, property or the environment and to which persons or
				improvements on real property are currently exposed;
(E) Federal abandoned mine reclamation fund
				or federal fund is a trust fund established on the books of the United States
				Treasury for the purpose of accumulating revenue designated for reclamation of
				abandoned mine lands, and other activities authorized by the Act;
(F) Office means the Office of Surface Mining
				and Enforcement of the Department of the Interior;
(G) Reclamation activities means restoration,
				reclamation, abatement, control or prevention of adverse effects of
				mining;
(H) State reclamation plan
				means a plan submitted by the state and approved by the office under 30 CFR 884
				for the reclamation of land and water adversely affected by past mining;
				and
(I) State reclamation program
				means a program established by the state for the reclamation of land and water
				adversely affected by past mining, including the state reclamation plan and
				annual application for grants under the state reclamation plan.
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 40-9.030 - Rights of Entry

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for the
				  entry onto land by the state under the state reclamation plan for purposes of
				  reclamation and of conducting studies or exploratory work to determine the
				  existence of adverse effects of past coal mining practices and performing
				  reclamation work pursuant to sections
				  444.810,
				  444.925
				  and
				  444.940,
				  RSMo.
(1) Consent to Entry.
				The commission, its agents, employees or contractors shall take all reasonable
				actions to obtain written consent from the owner of record of the land or
				property to be entered in advance of such entry. The consent shall be in the
				form of a signed statement by the owner of record or his/her authorized agent
				which, as a minimum, includes a legal description of the land to be entered,
				the projected nature of work to be performed on the land and any special
				conditions for entry. The statement shall not include any commitment by the
				state to perform reclamation work nor to compensate the owner for
				entry.
(2) Entry for Studies or
				Exploration.
(A) The commission, its agents,
				employees, or contractors shall have the right to enter upon any property for
				the purpose of conducting studies or exploratory work to determine the
				existence of adverse effects of past coal mining practices and the feasibility
				of restoration, reclamation, abatement, control, or prevention of such adverse
				effects.
(B) If the owner of the
				land to be entered under this section will not provide consent to entry, the
				commission will give notice in writing to the owner of its intent to enter for
				purposes of study and exploration to determine the existence of adverse effects
				of past coal mining practices which may be harmful to the public health,
				safety, or environment. The notice shall be by mail, return receipt requested,
				to the owner, if known, and shall include a statement of the reasons why entry
				is believed necessary. If the owner is not known, or the current mailing
				address of the owner is not known, or the owner is not readily available, the
				notice shall be posted in one (1) or more places on the property to be entered
				where it is readily visible to the public and advertised once in a newspaper of
				general circulation in the locality in which the land is located. Notice shall
				be given at least thirty (30) days before entry.
(C) Entry necessary to investigate and
				explore reported emergency conditions will be governed by 10 CSR
				40-9.030(4).