Section 207.26 – Mining operations not subject to this chapter.
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, […]
Section 207.27 – Experimental practices.
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 […]
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 […]
Section 207.17 – Citizen suits.
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 […]
Section 207.2 – Definitions.
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 […]