Effective – 28 Aug 1979 444.900. Judicial review. — All final decisions or orders of the commission shall be subject to judicial review as provided in chapter 536. No judicial review shall be available, however, until all administrative remedies are exhausted. The availability of such review shall not be construed to limit the operation of […]
Effective – 28 Aug 1979 444.905. Severability — rights retained — replacement of water — explosives regulations. — 1. If any provision of this law or the applicability thereof to any person or circumstance is held invalid, the remainder of this law and the application of such provision to other persons or circumstances shall not […]
Effective – 28 Aug 1993 444.915. Abandoned mine reclamation fund — deposits and expenditures. — 1. All moneys in the abandoned mine reclamation fund may be used for the following purposes: (1) Reclamation and restoration of land and water resources adversely affected by past coal mining, including, but not limited to, reclamation and restoration of […]
Effective – 28 Aug 1979 444.920. Abandoned mine reclamation fund, commission’s duties and powers. — In order to receive applicable federal funds for the abandoned mine reclamation fund, and to meet necessary federal requirements: (1) The commission may submit to the appropriate federal officer or agency a state reclamation plan and annual projects to carry […]
Effective – 28 Aug 1979 444.925. Entry upon property by commission staff, procedure — acquisition of land by commission — use and disposal of land — price — public hearings. — 1. If the commission, pursuant to an approved state program, makes a finding of fact that: (1) Land or water resources have been adversely […]
Effective – 28 Aug 1979 444.930. Liens for corrective measures — amount, filing, valuation — appeals, priority of liens. — 1. Within six months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the commission shall itemize the moneys so expended […]
Effective – 28 Aug 1979 444.935. Public health hazards — actions to abate, procedure. — The general assembly declares that voids, and open and abandoned tunnels, shafts, and entryways resulting from any previous mining operation constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operation […]
Effective – 28 Aug 1979 444.940. Report on fund required — administration of fund, rules and regulations — authorized activities — water pollution treatment. — 1. Not later than January 1, 1981, and annually thereafter, the commission shall report to the Congress and the general assembly on operations under the abandoned mine reclamation fund together […]
Effective – 28 Aug 1995 444.950. Phase I reclamation bond requirements — rules, procedure to adopt — rights and duties of mine owners. — 1. An applicant shall, consistent with the timing provided for in subsection 1 of section 444.830, file a phase I reclamation bond pursuant to this section. The phase I reclamation bond […]
Effective – 07 Apr 1982 444.955. Revegetation of mined land, responsibility transfer, approval required. — With commission approval, a person other than the original permittee may assume responsibility for revegetating lands mined pursuant to sections 444.805 to 444.970*. The commission shall establish conditions of any such transfer of responsibility, which shall include the posting of […]
Effective – 28 Aug 1993 444.960. Fund, coal mine land reclamation, established, purpose, duties. — 1. A “Coal Mine Land Reclamation Fund” is hereby established in the state treasury. Assessments paid pursuant to the provisions of section 444.965 shall be placed in this fund. If a permittee has filed a phase I reclamation bond pursuant […]
Effective – 28 Aug 1993 444.965. Assessment for fund, amount paid, when — additional assessment, determined how, when. — 1. Beginning on September 1, 1988, every permittee that files a phase I reclamation bond pursuant to section 444.950 shall pay an assessment, in addition to all other taxes and fees which may be due, to […]
Effective – 07 Apr 1982 444.970. Penalty — delinquency or failure to comply with assessment or reclamation plan. — 1. The commission may impose a penalty of twenty-five cents per ton upon any permittee who is more than thirty days delinquent in paying the assessment due under the provisions of section 444.965. Such penalty shall […]
Effective – 28 Aug 2015 444.980. Appeal of permit decision, procedure. — Whenever a surface coal mining operation permit provided under section 444.815 or a coal exploration operation permit provided under section 444.845 is issued, denied, suspended, or revoked by the department of natural resources, any aggrieved person, by petition filed with the administrative hearing […]
