Section 444.350 – Citation of law.
Effective – 28 Aug 1989 444.350. Citation of law. — Sections 444.352 to 444.380 may be known and cited as the “Metallic Minerals Waste Management Act”. ——– (L. 1989 H.B. 321 § 1)
Section 444.352 – Definitions.
Effective – 28 Aug 1993 444.352. Definitions. — As used in sections 444.352 to 444.380, the following words and terms shall mean: (1) “Beneficiation”, the process of concentrating minerals from ore; (2) “Closure”, those actions taken pursuant to a comprehensive plan to contain metallic mineral wastes on site, ensure the integrity of waste management structures […]
Section 444.355 – Director, powers.
Effective – 28 Aug 1989 444.355. Director, powers. — The director shall have and exercise all powers provided in sections 444.352 to 444.380, including but not limited to the following: (1) Ensure the coordination of existing environmental programs for the processing of the permit required by sections 444.352 to 444.380; (2) Issue such permits, determinations […]
Section 444.358 – Permit required, when.
Effective – 28 Aug 1989 444.358. Permit required, when. — No later than six months after August 28, 1989, for active metallic minerals waste management areas presently operating under a National Pollutant Discharge Elimination System (NPDES) permit, or dam safety registration, or both, or within ninety days after filing an application for an NPDES construction […]
Section 444.360 – Application for permit, contents.
Effective – 28 Aug 1989 444.360. Application for permit, contents. — The application for a metallic minerals waste management permit shall contain the following: (1) The legal description of the waste management area; (2) The name of the owner of the surface of the waste management area; (3) The address and telephone number of the […]
Section 444.362 – Closure plan, purposes, contents, review of.
Effective – 28 Aug 1989 444.362. Closure plan, purposes, contents, review of. — 1. The operator shall submit a closure plan, the purpose of which shall be to: (1) Ensure that metallic mineral wastes are contained on-site as required by applicable NPDES permits, dam safety registration requirements, waste management program requirements, and air pollution control […]
Section 444.365 – Inspection — maintenance plan, purposes, contents, review of.
Effective – 28 Aug 1989 444.365. Inspection — maintenance plan, purposes, contents, review of. — 1. The operator shall submit an inspection-maintenance plan to ensure that the area will be maintained until such time as it is stabilized and will be self-maintained in accordance with the purposes of the plan. 2. The inspection-maintenance plan shall […]
Section 444.368 – Financial assurance instrument required, form, amount — confidential information not to be released — duration, use, forfeiture — release of.
Effective – 28 Aug 1993 444.368. Financial assurance instrument required, form, amount — confidential information not to be released — duration, use, forfeiture — release of. — 1. Before a permit can be issued, the operator shall file a demonstration of financial assurance in the form of a bond, certificate of deposit, letter of credit, […]
Section 444.370 – Processing fee, annual permit fee — metallic minerals waste management fund, created, uses.
Effective – 28 Aug 1993 444.370. Processing fee, annual permit fee — metallic minerals waste management fund, created, uses. — 1. A processing fee of ten thousand dollars shall accompany the filing of the application for a facility or metallic minerals waste management area. An annual fee of seven thousand five hundred dollars per facility […]
Section 444.372 – Permits, final approval by director — denial of permit, procedures.
Effective – 28 Aug 1989 444.372. Permits, final approval by director — denial of permit, procedures. — 1. The director shall review the permit application and shall notify the applicant in a reasonable period of time after initial review of the completeness of the application, the need for additional information, the appropriateness of choice of […]
Section 444.375 – Inspections, investigations, director to perform — civil penalties authorized, procedures — emergency situations, powers of director.
Effective – 28 Aug 1993 444.375. Inspections, investigations, director to perform — civil penalties authorized, procedures — emergency situations, powers of director. — 1. The director shall cause investigations to be made to determine compliance with sections 444.350 to 444.380 and the permits issued pursuant to sections 444.350 to 444.380. 2. The director and authorized […]
Section 444.376 – Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition.
Effective – 28 Aug 1993 444.376. Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition. — 1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 444.350 to 444.380 or a standard, limitation, order, rule […]
Section 444.377 – Hearings, procedures.
Effective – 28 Aug 1989 444.377. Hearings, procedures. — 1. Any hearing under sections 444.350 to 444.380 shall be of record and shall be a contested case. 2. Parties to such a hearing may make oral argument, introduce testimony and evidence, and cross-examine witnesses. 3. The hearing shall be before the director or the director […]
Section 444.378 – Violations, procedures to forfeit the financial assurance instrument, attorney general to assist, when.
Effective – 28 Aug 1989 444.378. Violations, procedures to forfeit the financial assurance instrument, attorney general to assist, when. — The attorney general, upon request of the director, shall institute proceedings to have the financial assurance instrument of the operator forfeited for violation by the operator of any of the provisions of sections 444.352 to […]
Section 444.380 – Rules, authority, promulgation, procedure.
Effective – 28 Aug 1995 444.380. Rules, authority, promulgation, procedure. — The director may adopt and promulgate reasonable rules and regulations to implement sections 444.352 to 444.380. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section […]