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 40-9.020 - Reclamation-General Requirements

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 and
				  to conform to the requirements of Executive Order 17-03.
(1) Land and water are eligible for
				reclamation activities if-
(A) They were
				mined for coal or affected by coal mining processes before August 3,
				1977;
(B) They were inadequately
				reclaimed;
(C) There is no
				continuing responsibility for reclamation by the operator, permittee or agent
				of the permittee under statutes of the state or federal government, or the
				state as a result of bond forfeiture. Bond forfeiture will render lands or
				water ineligible only if the amount forfeited is sufficient to pay the total
				cost of the necessary reclamation. In cases where the forfeited bond is
				insufficient to pay the total cost of reclamation, additional moneys from the
				fund will be sought under 30 CFR 886 and 30 CFR 888;
(D) Notwithstanding subsections (1)(A)-(C) of
				this rule, coal lands and waters damaged and abandoned after August 3, 1977, by
				coal mining processes are also eligible for reclamation activities if-
1. They were mined for coal or affected by
				coal mining processes; and
2. The
				mining occurred and the site was left in either an unreclaimed or inadequately
				reclaimed condition between August 4, 1977 and ending on or before November 21,
				1980, and that funds for reclamation or abatement which are available pursuant
				to a bond or other form of financial guarantee or from any other source are not
				sufficient to provide for adequate reclamation or abatement at the site;
				or
3. The mining occurred and the
				site was left in either an unreclaimed or inadequately reclaimed condition
				during the period beginning on August 4, 1977 and ending on or before November
				5, 1990, and that the surety of such mining operator became insolvent during
				such period, and as of November 5, 1990, funds immediately available from
				proceedings relating to such insolvency, or from any financial guarantee or
				other source are not sufficient to provide for adequate reclamation or
				abatement at the site; and
4. The
				commission finds in writing that the site meets the eligibility requirements of
				this section and the priority objectives stated in subsections (4)(A) and (B)
				of this rule and that the reclamation priority of the site is the same or more
				urgent than the reclamation priority for other lands and waters eligible
				pursuant to this section. Priority will be given to those sites which are in
				the immediate vicinity of a residential area or which have an adverse economic
				impact upon a community;
(E) Monies available from sources outside the
				fund or which are ultimately recovered from responsible parties involving lands
				eligible pursuant to subsection (1)(D) of this rule, are to be used to offset
				the cost of the reclamation or transferred to the fund if not needed for
				further reclamation activities at the permitted site; and