Section 207.24 – Water rights and replacement.
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 […]
Section 207.25 – Additional duties and powers of the division.
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
Section 207.10 – Performance bond requirement.
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 […]
Section 207.11 – Political subdivision engaged in mining.
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
Section 207.12 – Revision of permits.
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 […]
Section 207.13 – Inspections and monitoring.
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 […]
Section 207.14 – Enforcement.
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 […]
Section 207.15 – Penalties.
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 […]
Section 207.16 – Release of performance bonds or deposits.
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 […]
Section 207.1 – Policy.
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 […]