Section 444.800 – Citation of law — legislative intent declared — rules and regulations authorized, procedure.

Effective – 28 Aug 1995 444.800. Citation of law — legislative intent declared — rules and regulations authorized, procedure. — 1. This law, sections 444.800 to 444.940, may be known and cited as the “Surface Coal Mining Law”. 2. The general assembly finds and declares that: (1) Extraction of coal from the earth can be […]

Section 444.805 – Definitions.

Effective – 28 Aug 2014 444.805. Definitions. — As used in this law, unless the context clearly indicates otherwise, the following words and terms mean: (1) “Approximate original contour”, that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the […]

Section 444.810 – Powers of commission — abandoned mine reclamation fund created, purpose.

Effective – 28 Aug 1995 444.810. Powers of commission — abandoned mine reclamation fund created, purpose. — 1. The commission may: (1) Adopt and promulgate rules and regulations respecting the administration and enforcement of this law and in conformity therewith; (2) Encourage and conduct investigations, research, experiments and demonstrations, and collect and disseminate information relating […]

Section 444.815 – Permits required, kind, when to be obtained — term — effect of lack of operation — renewals — exemptions.

Effective – 28 Aug 1988 444.815. Permits required, kind, when to be obtained — term — effect of lack of operation — renewals — exemptions. — 1. Eight months from the date on which the state program is approved by the United States Secretary of the Interior pursuant to 30 U.S.C. 1253 and published in […]

Section 444.820 – Permit fees — contents of application — confidential items — copy to be filed with recorder of deeds — insurance required.

Effective – 09 May 1980 444.820. Permit fees — contents of application — confidential items — copy to be filed with recorder of deeds — insurance required. — 1. Each application for a permit shall be accompanied by a fee: (1) For new surface coal mining permits there shall be an initial fee of one […]

Section 444.825 – Reclamation plan contents — confidential items.

Effective – 28 Aug 1979 444.825. Reclamation plan contents — confidential items. — 1. Each reclamation plan submitted as part of a permit application shall include, in the degree of detail necessary to demonstrate that reclamation required can be accomplished, a statement of: (1) The identification of the lands subject to surface coal mining operations […]

Section 444.830 – Phase I reclamation bond to be filed, when — adjustment of amount of bond and terms, by commission, when.

Effective – 28 Aug 1993 444.830. Phase I reclamation bond to be filed, when — adjustment of amount of bond and terms, by commission, when. — 1. After a surface coal mining and reclamation permit application has been approved, but before such a permit is issued, the applicant shall file with the commission, on a […]

Section 444.835 – Permit to be granted or application to be modified or denied — notification required — requirements to be met before permit to be issued — additional items to be filed with application — exemptions.

Effective – 28 Aug 1979 444.835. Permit to be granted or application to be modified or denied — notification required — requirements to be met before permit to be issued — additional items to be filed with application — exemptions. — 1. Upon the basis of a complete mining application and reclamation plan for a […]

Section 444.840 – Revision of permit, procedure — transfer or assignment to have prior approval — commission may require permit revision — operator may be released from liability.

Effective – 28 Aug 1979 444.840. Revision of permit, procedure — transfer or assignment to have prior approval — commission may require permit revision — operator may be released from liability. — 1. (1) During the term of the permit the permittee may submit an application for a revision of the permit, together with a […]

Section 444.845 – Coal exploration permit required — contents of application — bond required — confidential items — limitation on removal of coal — sections 444.800 to 444.940 applicable to coal exploration rules and regulations.

Effective – 28 Aug 1979 444.845. Coal exploration permit required — contents of application — bond required — confidential items — limitation on removal of coal — sections 444.800 to 444.940 applicable to coal exploration rules and regulations. — 1. All persons conducting coal exploration operations must obtain a permit and those operations which substantially […]

Section 444.850 – Publication of intent — notification to local governments — comments and objections may be filed, procedure — conferences, findings — hearings — appeals.

Effective – 28 Aug 1979 444.850. Publication of intent — notification to local governments — comments and objections may be filed, procedure — conferences, findings — hearings — appeals. — 1. At the time of submission of an application for a surface coal mining and reclamation permit, or renewal or revision of an existing permit, […]

Section 444.855 – Performance standards to be met in surface mining operations — explosives — reclamation efforts.

Effective – 28 Aug 1979 444.855. Performance standards to be met in surface mining operations — explosives — reclamation efforts. — 1. Any permit issued to conduct surface coal mining operations shall require that such surface coal mining operations will meet all applicable performance standards of this law, and such other requirements as the commission […]

Section 444.860 – Performance standards to be met in underground mining operations — rules and regulations.

Effective – 28 Aug 1979 444.860. Performance standards to be met in underground mining operations — rules and regulations. — 1. The commission shall promulgate rules and regulations directed toward the surface effects of underground coal mining operations, embodying the following requirements; provided, however, that in adopting any rules and regulations the commission shall consider […]

Section 444.865 – Records and reports required — entry and inspection authorized — ownership information to be displayed — commission employees not to engage in mining, penalty — employees to file financial statements.

Effective – 28 Aug 1979 444.865. Records and reports required — entry and inspection authorized — ownership information to be displayed — commission employees not to engage in mining, penalty — employees to file financial statements. — 1. For the purpose of developing or assisting in the development, administration, and enforcement of this law, or […]

Section 444.870 – Penalties, administrative and criminal, procedure.

Effective – 28 Aug 1993 444.870. Penalties, administrative and criminal, procedure. — 1. Any permittee who violates any permit condition or any provision of the reclamation plan or who violates any provision of this law or rules and regulations may be assessed an administrative penalty by the commission, except that if such violation leads to […]

Section 444.875 – Release of all or part of performance bond, procedure — objections may be filed.

Effective – 28 Aug 1993 444.875. Release of all or part of performance bond, procedure — objections may be filed. — 1. The permittee may file a request with the commission for the release of all or part of a performance bond or deposit. Within thirty days after any application for bond release has been […]

Section 444.880 – Actions to compel compliance, limitation — costs of litigation — actions for damages.

Effective – 28 Aug 1979 444.880. Actions to compel compliance, limitation — costs of litigation — actions for damages. — 1. Except as provided in subsection 2 of this section, any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with […]

Section 444.885 – Cessation orders — suspension or revocation of permits — injunctive relief.

Effective – 28 Aug 1979 444.885. Cessation orders — suspension or revocation of permits — injunctive relief. — 1. When, on the basis of any inspection, the commission, the director, or any authorized representative of the commission, determines that any condition or practices exist, or that any permittee is in violation of any requirement of […]

Section 444.890 – Commission to designate areas unsuitable for surface mining — review required — excepted lands — procedure.

Effective – 28 Aug 1979 444.890. Commission to designate areas unsuitable for surface mining — review required — excepted lands — procedure. — 1. (1) The commission shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to which, if any, land areas are unsuitable for all […]

Section 444.895 – Review of cessation orders and permit suspensions and revocations — procedure — temporary relief — hearings, conduct.

Effective – 28 Aug 1979 444.895. Review of cessation orders and permit suspensions and revocations — procedure — temporary relief — hearings, conduct. — 1. (1) A permittee issued a notice or order pursuant to the provisions of section 444.885, or any person having an interest which is or may be adversely affected by such […]