reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.3 - General

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 700,
				  as in effect on July 1, 2010, except for
				  30 CFR
				  700.1,
				  700.2,
				  700.3,
				  700.4,
				  700.10 and
				  700.12.
				  The phrase "section 520 of the Act" is deleted from
				  30 CFR
				  700.13(a) and the words
				  "Iowa Code section
				  207.17 " are
				  inserted in lieu thereof.
In lieu of the regulations deleted at
				  30 CFR
				  700.12 concerning "Petitions to initiate rule
				  making," rules of the Iowa Department of Agriculture and Land Stewardship at 21
				  IAC Chapter 3, "Petitions for Rule Making" shall serve as the basis for
				  submitting petitions to initiate rule making.
Definitions for
"Federal lands, " "Federal lands
				  program, " "Fund, " "Indian lands, "
and
"Indian
				  tribe"
are correspondingly deleted from
				  30
				  CFR 700.5.
The definition of
"Regulatory program"
is
				  deleted at
				  30
				  CFR 700.5 and the following definition is
				  inserted in lieu thereof:
"Regulatory program"
means Iowa's approved
				  State program.
Delete from
				  30 CFR
				  700.14 the phrase " 43 CFR Part 2, which
				  implements the Freedom of Information Act and the Privacy Act" and insert in
				  lieu thereof "Iowa Code chapter 22, the Iowa open records
				  law".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.4 - Permanent Regulatory Program and Exemption for Coal Extraction Incidental to the Extraction of Other Minerals

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 701
				  and 30 CFR Part 702, as in effect on July 1, 2010, with the following
				  exceptions:
(1) None of the general
				word substitutions at rule
				27-40.1
				(17A,207) apply to the definitions of
"Permit, " "Permittee, "
and
"State program "
at
				30
				CFR 701.5.
(2) Delete from
				30
				CFR 701.5 the
				definitions
"Agricultural activities, " "Alluvial valley floor, " "Arid
				or semiarid area, " "Essential hydrologic functions, " "Farming, " "Federal
				program, " "Complete federal program, " "Partial federal program, " "Flood
				irrigation, " "Materially damage the quantity or quality of waters, " "Special
				bituminous coal mines, " " Subirrigation, " "Undeveloped rangeland, "
and
"Upland areas."
(3) Delete from the last sentence in the
				definition of
"Permittee"
in
				30
				CFR 701.5 the words "section 523 of the Act"
				and insert the words "Iowa Code section
				207.20
				".
In
				  30
				  CFR 701.5, delete from the definition of
				  "Significant imminent environmental harm to land, air or water resources" at
				  (b)(2), the words "section 521(a)(3) of the Act" and insert the words "Iowa
				  Code section
				  207.14, subsection
				  2".
(4) Delete
				30 CFR
				701.1,
				701.3,
				701.4, and
				701.11(c).
(5) Delete references to "Subchapter B" and
				"Subchapter K" at
				30
				CFR 701.11(d) and (e) and
				substitute in lieu thereof "Part IB" and "Part 6", respectively.
(6) Delete
				30 CFR
				702.1 and
				702.10.
(7) Delete
				30 CFR
				702.11(f) and insert in lieu
				thereof the following:
(f) Administrative
				review.
(1) Any adversely affected person may
				request administrative review of a determination under paragraph (e) of this
				section within 30 days of notification of such determination in accordance with
				Part 9 of these rules.
(2) A
				petition for administrative review filed under Part 9 of these rules shall not
				suspend the effect of a determination under paragraph (e) of this
				section.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.5 - Restrictions on Financial Interests of State Employees

Current through Register Vol. 47, No. 3, July 24, 2024
The general word substitutions used elsewhere in these rules
				  do not apply to Iowa's incorporation of 30 CFR Part 705. The following is
				  incorporated by reference: 30 CFR Part 705, as in effect on July 1, 2010, with
				  the following exceptions:
(1) Delete
				from 30 CFR 705.5 the
				definition for "State regulatory authority" and insert the following definition
				in lieu thereof:
"State regulatory authority" means the division of soil
				  conservation and water quality, Iowa department of agriculture and land
				  stewardship, or its authorized representative.
(2) Delete
				30 CFR
				705.1,
				705.2,
				705.3,
				705.4(b),
				705.10,
				and
				705.11(e).
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.6 - Exemptions for Coal Extraction Incident to Government-financed Highway or Other Constructions

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 707,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Add to
				30
				CFR 707.11 a paragraph (c) that shall read:
(c) Any person who conducts or intends to
				conduct such coal extraction must file a letter of intent with the division 60
				days prior to surface disturbance.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.7 - Protection of Employees

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 865,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Delete the words "Office of Hearings and
				Appeals" and insert the word "division".
(2) Delete the words " 43 CFR Part 4 " and
				insert the words "Iowa Code section
				207.14 ".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.11 - Initial Regulatory Program

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 710,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Reserved.
(2) Delete
				30 CFR
				710.1,
				710.3,
				710.4(a),
				710.10,
				710.11(b) and
				(c), and
				710.12.
(3) Reserved.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.12 - General Performance Standards-initial Program

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 715,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Delete from
				30 CFR
				715.11(c) the scale of
				"1:6000" and insert the scale of "1:2400".
(2) Delete from
				30 CFR
				715.17(h)(3) the words "in a
				manner approved by the regulatory authority" and insert the words "monthly, and
				reported quarterly to the regulatory authority,".
(3) Delete
				30 CFR
				715.10.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.13 - Special Performance Standards-initial Program

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 716,
				  as in effect on July 1, 2010, with the following exception:
Delete
				  30 CFR
				  716.1(a), subparagraphs (1)
				  through (5), 716.2, 716.3, 716.4, 716.5, 716.6, and 716.10.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.21 - Areas Designated by an Act of Congress

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 761,
				  as in effect on July 1, 2010, with the following exceptions:
(1) None of the general word substitutions in
				rule
				27-40.1
				(17A,207) apply to the definition of "Valid existing rights" at
				30
				CFR 761.5.
(2) Delete from the definition of "Surface
				operations and impacts incident to an underground coal mine" in
				30
				CFR 761.5 the words "section 701(28) of the
				Act" and insert the words "Iowa Code section
				207.2, subsection
				14".
(3) None of the general word
				substitutions in rule
				27-40.1
				(17A,207) apply to
				30
				CFR 761.11(b).
(4) Delete from
				30
				CFR 761.5 under the definition for "Valid
				existing rights" the words "
				30 U.S.C.
				1272(e) " and insert the
				words "Iowa Code section
				207.8
				".
(5) Delete
				30
				CFR 761.13.
(6) Delete from
				30
				CFR 761.16 the words "
				30 U.S.C.
				1272(e) " and insert the
				words "Iowa Code section
				207.8
				".
(7) None of the general word
				substitutions for "Act" and "secretary" at rule
				27-40.1
				(17A,207) apply to
				30 CFR
				761.3.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.22 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 762,
				  as in effect on July 1,2010, with the following exceptions:
(1) The general word substitutions in rule
				27-40.1
				(17A,207) do not apply to
				30 CFR
				762.12(b) or
				762.13(a).
(2) Delete from
				30
				CFR 762.15 the words "section 522 of the Act"
				and insert the words "Iowa Code section
				207.8
				".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.23 - State Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 764,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Delete
				30 CFR
				764.10.
(2) Delete from
				30 CFR
				764.13(b)(l)(v) the words
				"sections 522(a)(2) and (3) of the Act" and insert the words "Iowa Code section
				207.8,
				subsection 1".
(3) Delete from
				30 CFR
				764.19(c) the words "section
				526(e) of the Act" and insert the words "Iowa Code section
				207.8,
				subsection 4, and Iowa Code section
				17A.19
				".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.30 - Requirements for Coal Exploration

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 772,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Delete from
				30
				CFR 772.11 and
				772.11(a)
				the words "250 tons" and insert the words "50 tons".
(2) Delete
				30
				CFR 772.11(b)(3) and insert
				the following:
(3) A precise
				description and map at a scale of 1:24,000 or larger of the exploration area
				showing the lease limits and identifying lessor(s); (3) Add a new paragraph (6)
				to
				30
				CFR 772.11(b) to read as
				follows:
(6) If the surface is owned by a
				person other than the person who intends to explore, a description of the basis
				upon which the person who will explore claims the right to enter such area for
				the purpose of conducting exploration and reclamation.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.31 - Requirements for Permits and Permit Processing

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 773,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Delete the second sentence of
				30 CFR
				773.4(a).
(2) Add at the end of the last sentence of
				30 CFR
				773.6(a)(l)(ii) the words
				"and the scale of the map", and the following paragraph:
"The legal description shall include popular township,
				  county, township, range, section, and the United States Geological Survey map
				  identification by property owners. Section lines shall be marked and the
				  sections shall be identified on the map. The total acreage of the proposed
				  permit area shall be given to the nearest acre."
(3) Delete from
				30
				CFR 773.7(a) the words "a
				reasonable time set by the regulatory authority" and insert the words "90 days
				following the completion of the adequacy review".
(4) Delete
				30 CFR
				773.3,
				773.4(c) and
				(d).
(5) Delete from
				30 CFR
				773.4(b)(2) the words
				"section 502 of the Act" and insert the words "Iowa Code section
				207.4
				".
(6) Delete from
				30 CFR
				773.6(a)(3)(ii) the words
				"section 503(a)(6) or 504(h) of the Act" and insert the words "Iowa Code
				section
				207.5
				".
(7) Delete the first sentence
				from
				30 CFR
				773.6(c)(2)(iv).
(8) Delete from
				30 CFR
				773.6(d)(3)(ii) the words
				"section 508 of the Act" and insert the words "Iowa Code section
				22.7, subsection
				6".
(9) The general word
				substitution for "Act" at rule 27-40.1(17A,207) does not apply to
				30 CFR
				773.11(a).
(10) The general word substitution for
				"secretary" at rule
				27-40.1
				(17A,207) does not apply to
				30
				CFR 773.17(d).
(11) The general word substitution for "OSM"
				at rule
				27-40.1
				(17A,207) does not apply to
				30 CFR
				773.19(b)(3).
(12) Add the following paragraph (h) to
				30
				CFR 773.17:
(h) The permittee shall ensure and the permit
				shall contain specific conditions requiring that, as a condition of the permit,
				the permittee shall not, except as permitted by law, willfully resist, prevent,
				impede, or interfere with the division or any of its agents in the performance
				of their duties.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.32 - Revision or Amendment; Renewal; and Transfer, Assignment, or Sale of Permit Rights

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 774,
				  as in effect on July 1, 2010, with the following exceptions:
(1)
									30
				CFR 774.10(b) and (c) are
				deleted.
(2)
									30 CFR 774.13 is
				deleted, with the exception that the notice, public participation, and notice
				of decision requirements of
				30 CFR
				773.6,
				773.19(b),
				and
				778.21 shall
				apply to all revisions.
These rules utilize the term "revision" to describe a change
				  to a permit that constitutes a significant departure from the approved permit
				  and the term "amendment" to describe a change that does not constitute a
				  significant departure. A significant departure shall be any change in permit
				  area, mining method or reclamation procedure, which would, in the opinion of
				  the division, significantly change the effect that mining operations would have
				  on persons impacted by the permitted operation, on cultural resources, or on
				  the environment.
(3) Permit
				revisions and amendments.
a. During the term
				of a permit, the permittee may submit an application to the division for
				revision or amendment of the permit.
(1) A
				revision or amendment is required for any changes in the approved permit. All
				information related to approved revisions or amendments shall be updated in all
				public copies of the permit.
(2)
				When a permit is reviewed at any time, including midterm review, the division
				may, by order, require revision or amendment of the approved permit to ensure
				compliance with the Act and these rules. Any order of the division requiring
				revision or amendment of permits shall be based upon written findings, and the
				order shall be subject to the provisions for administrative and judicial review
				of Part 9 of this chapter.
(3) A
				revision or amendment shall be obtained in order to continue operation after
				the cancellation or material reduction of the liability insurance policy,
				capability of self-insurance, performance bond, or other equivalent guarantee
				upon which the approved permit was issued.
(4) A revision or amendment shall also be
				obtained as otherwise required under the Act or these rules.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.33 - General Content Requirements for Permit Applications

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 777,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Delete
				30
				CFR 777.11(a)(3) and insert
				the following:
(3) Be filed in three copies
				with the format addressed by subrule and subject title.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.34 - Permit Application-minimum Requirements for Legal, Financial, Compliance, and Related Information

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 778,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Amend 30 CFR Part 778 by adding the
				following section:
778.23 Identification of other licenses and permits. Each
				  application shall contain a list of all other licenses and permits needed by
				  the applicant to conduct the proposed surface mining activities. This list
				  shall identify each license and permit by:
1. Type of permit or license;
2. Name and address of issuing
				authority;
3. Identification
				numbers of applications for those permits or licenses or, if issued, the
				identification numbers of the permits or licenses;
4. If a decision has been made, the date of
				approval or disapproval by each issuing authority; and
5. Date of expiration of permits.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.35 - Surface Mining Permit Applications-minimum Requirements for Information on Environmental Resources

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 779,
				  as in effect on July 1, 2010, except as modified by subrule 40.1(3) and with
				  the following exceptions:
(1) Delete
				from
				30
				CFR 779.19(a) the words "if
				required by the regulatory authority, contain a map" and insert the words
				"contain a map at a scale of 1:2400 or larger".
(2) Delete from
				30
				CFR 779.19(b) the words
				"When a map or aerial photograph is required, sufficient adjacent areas shall
				be included" and insert the words "A map at a scale of 1:2400 or larger or an
				aerial photo shall include sufficient adjacent areas".
(3) Reserved.
(4) Amend the first sentence of
				30 CFR
				779.25(a) to read: "The
				permit application shall include cross sections at a vertical exaggeration of
				1:10, maps at a scale of 1:2400 or larger and plans showing-"
(5) Add to
				30 CFR
				779.25(a)(1) the words "and
				a survey coordinate net".
(6) Amend
				30 CFR
				779.25, cross sections, maps and plans, by
				adding the following paragraphs:
(c) Drill
				logs must contain the following:
(1) Must have
				survey coordinates (northing and easting) relating them to the map grid in the
				permit application.
(2) Must show
				surface elevation.
(3) Must be
				detailed enough to show all changes in material encountered in both
				consolidated and unconsolidated overburden.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.36 - Surface Mining Permit Applications-minimum Requirements for Reclamation and Operation Plan

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 780,
				  as in effect on July 1, 2010, except as modified by subrules 40.1(3) and
				  40.1(5) and with the following exceptions and clarifications:
(1) Delete
				30 CFR
				780.1 and
				780.10.
(2) The general word substitutions at rule
				27-40.1
				(17A,207) do not apply at
				30
				CFR 780.21(a).
(3) The determination of probable hydrologic
				consequence (PHC) made pursuant to these rules as part of a permit application
				shall address all proposed mining activities associated with the permit area
				for which authorization is sought as opposed to addressing only those
				activities expected to occur during the term of the permit.
(4) Delete from
				30 CFR
				780.12 references to "Subchapter B" and
				"Subchapter K" and replace with "Part IB" and "Part 6", respectively.
(5) Insert at the end of
				30
				CFR 780.21(a) the sentence
				"The methodology for measurement of the quantity of both surface water and
				groundwater shall also be described."
(6) Delete from
				30
				CFR 780.21(d) the words "may
				be required by the regulatory authority" and insert the words "is
				required".
(7) Delete from
				30
				CFR 780.21(i) and (j) the
				word "approved" and insert the word "proposed".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.37 - Underground Mining Permit Applications-minimum Requirements for Information on Environmental Resources

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 783,
				  as in effect on July 1, 2010, except as modified by subrules 40.1(3) and
				  40.1(5) and with the following exceptions:
(1) Delete from
				30
				CFR 783.18(a) the words
				"When requested by the regulatory authority,".
(2) Delete
				30
				CFR 783.21(a)(1) and insert
				the following:
(1) A map, at the scale of
				1:2400 or larger, delineating different soils;
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.38 - Underground Mining Permit Applications-minimum Requirements for Reclamation and Operation Plan

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 784,
				  as in effect on July 1, 2010, except as modified by subrules 40.1(3) and
				  40.1(5) and with the following exceptions and clarifications:
(1) Delete from
				30 CFR
				784.14(d) the words
				"information may be required" and insert the words "information is
				required".
(2) Delete from
				30
				CFR 784.20(b)(4) the words
				"if any".
(3) Delete from
				30
				CFR 784.20(b)(6) the words
				"if any".
(4) Amend the first
				sentence of
				30
				CFR 784.23 to read: "Each application shall
				contain maps at a scale of 1:2400 or larger and plans as follows:"
(5) Delete
				30 CFR
				784.1 and
				784.10.
(6) The general word substitutions at rule
				27-40.1
				(17A,207) do not apply to 30 CFR Part 784.14(a).
(7) Delete from
				30
				CFR 784.13(a) the words
				"sections 515 and 516 of the Act" and insert the words "Iowa Code sections
				207.7
				and
				207.19
				".
(8) The determination of
				probable hydrologic consequence (PHC) made pursuant to these rules as part of a
				permit application shall address all proposed mining activities associated with
				the permit area for which authorization is sought as opposed to addressing only
				those activities expected to occur during the term of the permit.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.39 - Requirements for Permits for Special Categories of Mining

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 785,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Delete
				30 CFR
				785.10,
				785.11,
				785.12,
				785.14,
				785.15,
				785.16,
				785.17(d)(1),
				(2), and (3), 785.19, and 785.22.
(2) The general word substitutions for
				"director" and "department" at rule
				27-40.1
				(17A,207) do not apply at
				30 CFR
				785.13.
(3) None of the general word substitutions at
				rule
				27-40.1
				(17A,207) apply at
				30 CFR 785.17(c)(l)(i) and
				(d).
(4) Delete paragraphs (d) and (e) from
				30
				CFR 785.21 and insert in lieu thereof a new
				paragraph (d) as follows:
(d) Coal preparation
				plants are required to obtain permanent program permits under the Iowa
				regulatory program after April 10, 1981, as approved by the U.S. Office of
				Surface Mining.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.41 - Permanent Regulatory Program-small Operator Assistance Program

Current through Register Vol. 47, No. 3, July 24, 2024
The following is adopted by reference: 30 CFR Part 795, as
				  in effect on July 1, 2010, with the following exceptions:
(1) Delete
				30 CFR
				795.4,
				795.5
				and
				795.6(b).
(2) Delete from
				30 CFR 795.1
				the words "section 507(c) of the Act" and insert the words "Iowa Code section
				207.4,
				subsection 1, paragraph
"d"."
(3) Eligibility thresholds for annual
				production in tons at
				30 CFR
				795.6(a)(2) shall not apply
				until the same threshold at Iowa Code section
				207.4(1)(d)
				 has been amended from 100,000 tons to
				300,000 tons.
(4) Program services
				at
				30 CFR
				795.9(b)(3) through
				795.9(b)(6)
				shall not apply until Iowa Code section
				207.4(1)(d)
				 has been amended to authorize these
				services.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.51 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 800,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Add to
				30
				CFR 800.40(c) a paragraph
				(4) that shall read as follows:
(4) The
				maximum liability under performance bonds applicable to a permit which may be
				released at any time prior to the release of all acreage from the permit area
				shall be calculated by multiplying the ratio between the acreage on which a
				reclamation phase has been completed and the total acreage in the permit area,
				times the total liability under performance bonds applicable to a permit, times
				0.6 if reclamation phase I has been completed, or 0.25 if reclamation phase II
				has been completed.
Acreage may be released from the permit area only after
				  reclamation phase III has been completed. The maximum performance bond
				  liability applicable to a permit which may be released at any time prior to the
				  completion of reclamation phase III on the entire permit area shall be
				  calculated by multiplying the ratio between the acreage on which reclamation
				  phase III has been completed and the total acreage in the permit area, times
				  the total liability under performance bonds applicable to a permit, times
				  0.15.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.61 - Permanent Program Performance Standards-general Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 810,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Delete
				30 CFR
				810.3 and
				30 CFR
				810.4(a).
(2) Delete
				30 CFR
				810.4(b) and substitute in
				lieu thereof the following:
(b) The division
				shall ensure that performance standards and design requirements are implemented
				and enforced under the Iowa program.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.62 - Permanent Program Performance Standards-coal Exploration

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 815,
				  as in effect on July 1, 2010.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.63 - Permanent Program Performance Standards-surface Mining Activities

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 816,
				  as in effect on July 1,2010, except as modified by subrules 40.1(3), 40.1(4),
				  and 40.1(5) and with the following exceptions:
(1) Delete
				30 CFR
				816.61(c)(1) and insert the
				following:
(c) Blasters.
(1) All blasting operations shall be
				conducted under the direction of a blaster certified by the
				division.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.64 - Permanent Program Performance Standards-underground Mining Activities

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 817,
				  as in effect on July 1, 2010, except as modified by subrules 40.1(3), 40.1(4),
				  and 40.1(5) and with the following exceptions:
(1) Reserved.
(2) Delete
				30 CFR
				817.10 and
				817.107.
(3) Delete
				30 CFR
				817.61(c)(1) and insert the
				following:
(c) Blasters.
(1)All blasting operations shall be conducted
				under the direction of a blaster certified by the division.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.65 - Special Permanent Program Performance Standards-auger Mining

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 819,
				  as in effect on July 1, 2010.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.66 - Special Permanent Program Performance Standards-operations on Prime Farmland

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 823,
				  as in effect on July 1, 2010, except for
				  30
				  CFR 823.11(a) which is
				  deleted.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.67 - Permanent Program Performance Standards-coal Preparation Plants Not Located Within the Permit Area of a Mine

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 827,
				  as in effect on July 1, 2010, except for the following:
(1) Delete
				30 CFR
				827.1.
(2) Delete
				30 CFR
				827.13(a) and insert the
				following:
(a) Persons operating or who have
				operated coal preparation plants after April 10,1981, shall comply with the
				applicable interim or permanent program performance standards for the Iowa
				program.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.71 - State Regulatory Authority-inspection and Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 840,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Delete
				30 CFR
				840.1,
				840.10,
				and
				840.13.
(2) The general word substitution for
				"director" does not apply in
				30 CFR
				840.14.
(3) Delete from
				30 CFR
				840.11(d)(2) the words
				"section 521(a)(2) of the Act" and insert the words "Iowa Code section
				207.14 ".
(4) Delete from
				30 CFR
				840.11(g)(3)(ii) the words
				"section 518(e), 518(f), 521(a)(4) or 521(c) of the Act" and insert the words
				"Iowa Code subsections
				207.15(6),
				207.15(7),
				207.14(3)
				 and
				207.14(8)
				 ", respectively.
(5) Delete from
				30 CFR
				840.15 the words " 43 CFR Part 4 " and insert
				the words "Iowa Code section
				207.14 ".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.72 - Inspections and Monitoring

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requests for inspections.
a.
				A person may request an inspection under Iowa Code section
				207.13
				by furnishing to an authorized representative of the administrator a signed,
				written statement (or an oral report followed by a signed, written statement)
				giving the authorized representative reason to believe that a violation exists.
				The statement shall set forth a phone number and address where the person can
				be contacted.
b. The identity of
				any person supplying information to the division relating to a possible
				violation or imminent danger or harm shall remain confidential with the
				division, if requested by that person, unless that person elects to accompany
				the inspector on the inspection, or unless disclosure is required under Iowa
				Code section
				22.7, subsection
				18.
c. If an inspection is
				conducted as a result of information provided to the division by a person as
				described in paragraph
"a "
of this subrule, the person shall
				be notified as far in advance as practicable when the inspection is to occur
				and shall be allowed to accompany the authorized representative of the
				administrator during the inspection. Such person has a right of entry to, upon
				and through the coal exploration or surface coal mining and reclamation
				operation about which the person supplied information but only if in the
				presence of and under the control, direction and supervision of the authorized
				representative while on the mine property. Such right of entry does not include
				a right to enter buildings without consent of the person in control of the
				building or without a search warrant.
d. Within 10 days of the inspection or, if
				there is no inspection, within 15 days of receipt of the person's written
				statement, the division shall send the person the following:
(1) If an inspection was made, a description
				of the enforcement action taken, which may consist of copies of the inspection
				report and all notices of violation and cessation orders issued as a result of
				the inspection, or an explanation of why no enforcement action was
				taken;
(2) If no inspection was
				conducted, an explanation of the reason why; and
(3) An explanation of the person's right, if
				any, to informal review of the action or inaction of the division under subrule
				40.72(3).
e. The
				division shall give copies of all materials in paragraph
"d,"
subparagraphs (1) and (2), of this subrule, within the time limits specified in
				those paragraphs to the person alleged to be in violation, except that the name
				of the person supplying information shall be removed unless disclosure of the
				person's identity is permitted under paragraph
"b"
of this
				subrule.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.73 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
As used in this Part 7, the following terms have
				the specified meanings:
"Unwarranted failure to comply"
means the
				  failure of a permittee to prevent the occurrence of any violation of the permit
				  or any requirement of Iowa Code chapter 207 due to indifference, lack of
				  diligence, or lack of reasonable care, or the failure to abate any violation of
				  such permit of Iowa Code chapter 207 due to indifference, lack of diligence, or
				  lack of reasonable care.
"Willful violation "
means an act or
				  omission which violates Iowa Code chapter 207, these rules or any permit
				  condition required by Iowa Code chapter 207 or these rules, committed by a
				  person who intends the result which actually occurs.
(2)
Cessation orders.
a. Cessation orders following State
				inspections:
(1) An authorized representative
				of the administrator shall immediately order a cessation of surface coal mining
				and reclamation operations or of the relevant portion thereof, if the
				representative finds, on the basis of any State inspection, any condition or
				practice, or any violation of Iowa Code chapter 207, these rules or any
				condition of an exploration approval or permit imposed under any such program,
				Iowa Code chapter 207 or these rules which:
* Creates an imminent danger to the health or safety of the
				  public; or
* Is causing or can reasonably be expected to cause
				  significant, imminent environmental harm to land, air, or water
				  resources.
(2) Surface coal
				mining and reclamation operations conducted by any person without a valid
				surface coal mining permit constitute a condition or practice which causes or
				can reasonably be expected to cause significant, imminent environmental harm to
				land, air or water resources, unless such operations:
* Are an integral, uninterrupted extension of previously
				  permitted operations, and the person conducting such operations has filed a
				  timely and complete application for a permit to conduct such operations;
				  or
* Were conducted lawfully without a permit under the interim
				  regulatory program because no permit has been required for such operations by
				  the division.
(3) If the
				cessation ordered under paragraph
"a,"
subparagraph (1), of
				this subrule will not completely abate the imminent danger or harm in the most
				expeditious manner physically possible, the authorized representative of the
				administrator shall impose affirmative obligations on the permittee to abate
				the imminent danger or significant environmental harm. The order shall specify
				the time by which abatement shall be accomplished.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.75 - Individual Civil Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
The following is adopted by reference: 30 CFR Part 846, as in
				  effect on July 1, 2010, with the following exceptions:
(1) Delete
				30 CFR
				846.1.
(2) Reserved.
(3) Delete
				30 CFR
				846.17(b)(1) and insert in
				lieu thereof:
(1) The individual files within
				30 days of service of the notice of proposed individual civil penalty
				assessment a petition for review with the administrator; or
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.81 - Permanent Regulatory Program Requirements-standards for Certification of Blasters

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 850,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Amend
				30
				CFR 850.15 by adding paragraph (f) as
				follows:
(f) Reciprocal certification.
(1) The division may issue an Iowa blaster
				certificate to a qualified applicant who holds a valid blaster's certification
				granted by the Office of Surface Mining Reclamation and Enforcement
				(OSMRE).
(2) The division may issue
				an Iowa blaster certificate through reciprocity to a qualified applicant that
				holds a valid State blaster's certification granted by a State regulatory
				authority under OSMRE approved blaster certification and regulatory
				program.
(3) A reciprocal blaster's
				certification issued in Iowa will expire on the same date as the expiration of
				the original State's certification. Renewal will be by reexamination.
(4) Blaster's certification from other states
				will not be honored or recognized in Iowa except by reciprocal issuance as
				outlined in this rule. Blasters from states without OSMRE approved blaster
				certification may become certified in Iowa by passing the Iowa certification
				test.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.82 - Certification of Blasters

Current through Register Vol. 47, No. 3, July 24, 2024
The following is incorporated by reference: 30 CFR Part 955,
				  as in effect on July 1, 2010, with the following exceptions:
(1) Delete
				30 CFR
				955.1 and
				955.2.
(2) Delete
				30
				CFR 955.13(a)(1) and
				(2).
(3) Delete
				30 CFR
				955.10.
(4) Delete from
				30
				CFR 955.5 the definition of "Reciprocity" and
				delete
				30
				CFR 955.16.
(5) Delete from
				30 CFR
				955.17(c) the phrase "to the
				Department of the Interior Board of Land Appeals under
				43 CFR
				4.1280 and
				4.1286
				" and insert in lieu thereof the phrase "as a contested case action pursuant to
				Iowa Code chapter 17A".
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.91 - Procedural Rules-contested Cases and Public Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
These rules shall govern procedures in contested cases, as
				  defined in Iowa Code section
				  17A.2(2),
				  and public hearings required to be held pursuant to the provisions of Iowa Code
				  chapter 207.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.92 - Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
Contested cases include, but are not limited to, the
				  following:
(1) An appeal of a decision
				to grant or deny a permit pursuant to Iowa Code sections
				207.4 and
				207.5;
				approval or failure to approve a transfer pursuant to Iowa Code section
				207.12(5);
				appeal of a decision of the division on an application for coal exploration
				pursuant to Iowa Code section
				207.18.
(2) Permit suspension or revocation
				proceedings pursuant to Iowa Code sections
				207.14(3)
				 and
				207.14(4).
(3) Review of a notice or order pursuant to
				Iowa Code section
				207.14(7).
(4) Employee discrimination complaints
				pursuant to Iowa Code section
				207.28.
(5) Suspension or revocation of a mining
				license pursuant to Iowa Code section
				207.3.
(6) Bond forfeiture proceedings pursuant to
				Iowa Code section
				207.14.
(7) Appeal of the determination by the
				division of the amount of a bond pursuant to Iowa Code section
				207.10.
(8) A request to conduct mining in areas
				where otherwise prohibited by Iowa Code section
				207.8
				and
				30
				CFR 761.11, revised July 1, 2010.
(9) A petition requesting designation of an
				area as unsuitable for mining, or termination of such a designation, pursuant
				to Iowa Code section
				207.8
				and rule
				27-40.23
				(207).
(10) Review of a civil
				penalty pursuant to Iowa Code section
				207.15.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.93 - Commencement of Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
A notice of order by the division shall be served as in civil
				  actions, delivered by certified mail, or personally served by a division
				  employee with a signed acknowledgment of receipt being taken from an employee
				  or agent of the permittee. In bond forfeiture, the surety shall also be
				  served.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.94 - Appeals of Division Notices and Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An appeal of a notice or order for which
				a contested case hearing is requested shall be mailed or personally delivered
				to the administrator and:
a. Shall be made in
				writing and signed by the requesting party or representative;
b. Shall identify the notice or order being
				appealed;
c. Shall be served in a
				timely manner as stated in Iowa Code section
				207.14;
d. May state other relevant information as
				desired by the requesting party.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.95 - Prehearing Motions

Current through Register Vol. 47, No. 3, July 24, 2024
To the greatest extent possible and not inconsistent with
				  Iowa Code chapters 17A and 207, prehearing motions may be filed and ruled upon
				  in a manner consistent with the Iowa rules of civil procedure. In considering a
				  prehearing motion, the administrative law judge may consider the practicality
				  of receiving evidence or consolidating the motion into the full evidentiary
				  hearing.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.96 - Issuance of Notices of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				A hearing date shall be set upon the request of the division or any party and
				shall be arranged by the division through the department of inspections and
				appeals. The department of inspections and appeals shall assign an
				administrative law judge to the proceeding. The request shall be served to all
				parties of record.
(2) The
				administrative law judge shall issue notice of hearing to all parties at least
				30 days prior to the date of hearing, unless an earlier date is agreed to by
				all parties.
(3) The notice of
				hearing shall conform to Iowa Code section
				17A.12(2).
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.97 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				administrative law judge selected pursuant to Iowa Code section
				17A.11
				shall preside at all contested cases.
(2) Oral proceedings of a contested case
				shall be recorded by electronic or mechanized means or by certified shorthand
				reporters.
Iowa Administrative Code › Agency 27 - Soil Conservation and Water Quality Division › Division I - Soil Conservation Division › Chapter 40 - Coal Mining › Rule 27-40.98 - Posthearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
				20 days of the conclusion of the hearing, each party may file with the
				administrative law judge and all parties of record proposed findings of fact,
				conclusions of law, a proposed order, or a brief in support of specified
				findings and conclusion. Said brief shall contain all arguments concerning
				evidentiary rulings made during hearing or challenges to the jurisdiction of
				the division to conduct the hearing and order the relief requested by the
				division or a party of record.
(2)
				Within 20 days of receipt of proposed findings of fact, conclusions of law,
				order, or brief, parties may file a brief responding to opposing briefs, and
				may submit additional proposed findings of fact, conclusions of law, or
				order.