207.1 Policy. 1. It is the policy of this state to provide for the rehabilitation and conservation of land affected by coal mining and preserve natural resources, protect and perpetuate the taxable value of property, and protect and promote the health and safety of the people of this state. 2. The general assembly finds and […]
207.10 Performance bond requirement. 1. After a permit application has been approved but before issuance, the applicant shall file with the division, on a form furnished by the division, a bond for performance payable to the state and conditioned upon faithful performance by the operator of all requirements of this chapter and all rules adopted […]
207.11 Political subdivision engaged in mining. An agency or political subdivision of the state or a publicly owned utility or corporation of a political subdivision which engages or intends to engage in coal mining shall meet all requirements of this chapter. [C81, §83.11] C93, §207.11
207.12 Revision of permits. 1. a. An operator may apply for a revision or cancellation of a permit. The application shall be submitted by the operator on a form provided by the division, and shall contain information as required by the division. b. The division shall establish rules for determining the scale or extent of […]
207.13 Inspections and monitoring. 1. a. The division shall make inspections of any mining and reclamation operations as are necessary to evaluate the administration of this chapter and authorized representatives of the division shall have a right to entry at any mining and reclamation operation. If the operator refuses to consent to the inspection, the […]
207.14 Enforcement. 1. a. When on the basis of an inspection, the administrator determines that a condition or practice exists which creates an imminent danger to the health or safety of the public or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the administrator shall immediately order […]
207.15 Penalties. 1. a. (1) A person who violates a permit condition, a provision of this chapter, or a rule or order issued under this chapter is subject to a civil penalty not to exceed five thousand dollars per day for each day of violation. (2) If a violation results in the issuance of a […]
207.16 Release of performance bonds or deposits. 1. Each operator upon completion of any reclamation work required by this chapter shall apply to the division in writing for approval of the work. The division shall promulgate rules consistent with Pub. L. No. 95-87, §519, codified at 30 U.S.C. §1269, regarding procedures and requirements to release […]
207.17 Citizen suits. 1. A person having an interest which is or may be adversely affected may commence a civil action on the person’s own behalf to compel compliance with this chapter as follows: a. Against the division or any other governmental agency or subdivision which is alleged to be in violation of the provisions […]
207.18 Coal exploration permits. 1. A coal exploration operation in this state which substantially disturbs the natural land surface shall be conducted in accordance with exploration rules issued by the division. The rules shall include at a minimum the following: a. The requirement that prior to conducting an exploration the person must file with the […]
207.19 Surface effects of underground coal mining operations. 1. The provisions of this chapter shall be applicable to surface operations and surface impacts incident to an underground coal mine with such modifications to the permit application requirements, permit approval or denial procedures, and bond requirements as are necessary to accommodate the distinct difference between surface […]
207.2 Definitions. As used in this chapter, unless context otherwise requires: 1. “Administrator” means the administrator of the division or a designee. 2. “Committee” means the state soil conservation and water quality committee established in section 161A.4. 3. “Division” means the division of soil conservation and water quality created within the department of agriculture and […]
207.20 Authority to enter into cooperative agreements. The division may enter into a cooperative agreement with the secretary to provide for the division to regulate mining and reclamation operations on federal lands within the state. If the division enters into a cooperative agreement with the secretary under this section, such agreement shall be conducted according […]
207.21 Abandoned mine reclamation program. 1. The division shall participate in the abandoned mine reclamation program under Pub. L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, subch. IV. There is established an abandoned mine reclamation fund under the control of the division. 2. a. Lands and water eligible for reclamation or drainage […]
207.22 Acquisition and reclamation of land. 1. a. The division, pursuant to a state program approved by the secretary, may take action as provided in paragraph “b” of this subsection if it finds all of the following: (1) Land or water resources have been adversely affected by past coal mining practices. (2) The adverse effects […]
207.23 Liens. 1. Within six months after the completion of a project to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the division shall itemize the money expended on the project and may file a lien statement in the office of the district court clerk of […]
207.24 Water rights and replacement. 1. This chapter shall not be construed as affecting the right of any person’s interest in water resources affected by a mining operation. 2. The operator of a mine shall replace the water supply of an owner of interest in real property who obtains all or part of the owner’s […]
207.25 Additional duties and powers of the division. In addition to the duties and powers conferred upon the division, it shall have the power to prescribe by rule the necessary procedures and requirements of operators to carry out the purpose and provisions of this chapter. [C81, §83.25] C93, §207.25
207.26 Mining operations not subject to this chapter. The provisions of this chapter shall not apply to any of the following activities: 1. The extraction of coal by a landowner for the landowner’s own noncommercial use from land owned or leased by the landowner. 2. The extraction of coal as an incidental part of federal, […]
207.27 Experimental practices. In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, agricultural, residential, or public use including recreational facilities, the division with approval by the secretary may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under […]
