Section 444.760 – Short title.
Effective – 28 Aug 1971 444.760. Short title. — This act may be known and cited as “The Land Reclamation Act”. ——– (L. 1971 H.B. 519 § 1)
Section 444.762 – Declaration of policy.
Effective – 28 Aug 2014 444.762. Declaration of policy. — It is hereby declared to be the policy of this state to strike a balance between mining of minerals and reclamation of land subjected to surface disturbance by mining, as contemporaneously as possible, and for the conservation of land, and thereby to preserve natural resources, […]
Section 444.765 – Definitions.
Effective – 28 Aug 2014, 3 histories 444.765. Definitions. — Wherever used or referred to in sections 444.760 to 444.790, unless a different meaning clearly appears from the context, the following terms mean: (1) “Affected land”, the pit area or area from which overburden shall have been removed, or upon which overburden has been deposited […]
Section 444.766 – Exceptions to land reclamation act provisions.
Effective – 28 Aug 2009, 2 histories 444.766. Exceptions to land reclamation act provisions. — 1. No provision of sections 444.760 to 444.790 shall apply to the excavation of minerals or fill dirt for the purposes of construction or land improvement as unrelated to the mining of minerals for a commercial purpose or reclamation of […]
Section 444.767 – Powers of commission — rules, procedure, review.
Effective – 28 Aug 2001 444.767. Powers of commission — rules, procedure, review. — The commission may: (1) Adopt and promulgate rules and regulations pursuant to section 444.530 and chapter 536 respecting the administration of sections 444.760 to 444.790 and in conformity therewith; (2) Encourage and conduct investigation, research, experiments and demonstrations, and collect and […]
Section 444.768 – Fee, bond, or assessment structure, comprehensive review — proposal to be submitted, approval by commission — rulemaking requirements.
Effective – 28 Aug 2018, 2 histories 444.768. Fee, bond, or assessment structure, comprehensive review — proposal to be submitted, approval by commission — rulemaking requirements. — *1. Notwithstanding any statutory fee amounts or maximums to the contrary, the director of the department of natural resources may conduct a comprehensive review and propose changes to […]
Section 444.770 – Permit required, when — release of certain bonds — complaints, requirements.
Effective – 28 Aug 2014, 2 histories 444.770. Permit required, when — release of certain bonds — complaints, requirements. — 1. It shall be unlawful for any operator to engage in surface mining without first obtaining from the commission a permit to do so, in such form as is hereinafter provided, including any operator involved […]
Section 444.771 – Limitation on permits near an accredited school.
Effective – 11 Jul 2011 444.771. Limitation on permits near an accredited school. — Notwithstanding any other provision of law to the contrary, the commission and the department shall not issue any permits under this chapter or under chapters 643 or 644 to any person whose mine plan boundary is within one thousand feet of […]
Section 444.772 – Permit — application, contents, fees — amendment, how made — successor operator, duties of — fees expire, when.
Effective – 28 Aug 2018, 4 histories 444.772. Permit — application, contents, fees — amendment, how made — successor operator, duties of — fees expire, when. — 1. Any operator desiring to engage in surface mining shall make written application to the director for a permit. 2. Application for permit shall be made on a […]
Section 444.773 – Director to investigate applications — decision to issue or deny — denial of permit, appeal, procedure — commission to issue decision.
Effective – 28 Aug 2015, 3 histories 444.773. Director to investigate applications — decision to issue or deny — denial of permit, appeal, procedure — commission to issue decision. — 1. All applications for a permit shall be filed with the director, who shall promptly investigate the application and make a decision within six weeks […]
Section 444.774 – Reclamation requirements and conditions.
Effective – 28 Aug 2009 444.774. Reclamation requirements and conditions. — 1. Every operator to whom a permit is issued pursuant to the provisions of sections 444.760 to 444.790 may engage in surface mining upon the lands described in the permit upon the performance of and subject to the following requirements with respect to such […]
Section 444.775 – Release of bond, conditions — petition, hearing — administrative review.
Effective – 28 Aug 2001 444.775. Release of bond, conditions — petition, hearing — administrative review. — 1. Prior to release of the bond or any portion thereof, application shall be made by the operator to the commission, either with the completion of the report referred to in section 444.774 or subsequent to such report, […]
Section 444.777 – Entry upon lands and inspection by commission members — warrants to issue.
Effective – 28 Aug 2001 444.777. Entry upon lands and inspection by commission members — warrants to issue. — Commission members and authorized representatives of the commission may at all reasonable times enter upon any lands that have been or are being surface mined for the purpose of inspection to determine whether the provisions of […]
Section 444.778 – Bond — form — amount — duration — forfeiture — power of reclamation.
Effective – 28 Aug 2001 444.778. Bond — form — amount — duration — forfeiture — power of reclamation. — 1. Any bond herein provided to be filed with the commission by the operator shall be in such form as the director prescribes, payable to the state of Missouri, conditioned that the operator shall faithfully […]
Section 444.782 – Attorney general to represent commission, when — hearings on bond forfeiture, notice.
Effective – 28 Aug 2001 444.782. Attorney general to represent commission, when — hearings on bond forfeiture, notice. — The attorney general, upon request of the commission, shall institute proceedings to have the bond of the operator forfeited for violation by the operator of any of the provisions of sections 444.760 to 444.790. Before making […]
Section 444.784 – Commission rules and regulations authorized — delegation of authority — forfeiture funds, where expended.
Effective – 28 Aug 2001 444.784. Commission rules and regulations authorized — delegation of authority — forfeiture funds, where expended. — The commission may adopt and promulgate reasonable rules and regulations respecting the administration of sections 444.760 to 444.790. Any act authorized to be done by the director may be performed by any employee of […]
Section 444.786 – Operation without permit prohibited, penalty.
Effective – 28 Aug 2001 444.786. Operation without permit prohibited, penalty. — Any person required by sections 444.760 to 444.790 to have a permit who engages in the mining of minerals without previously securing a permit to do so as prescribed by sections 444.760 to 444.790, is guilty of a misdemeanor, and upon conviction thereof […]
Section 444.787 – Investigation by commission, attorney general to file suit — formal complaint procedure.
Effective – 28 Aug 2001 444.787. Investigation by commission, attorney general to file suit — formal complaint procedure. — 1. The commission shall investigate surface mining operations in the state of Missouri. If the investigations show that surface mining is being or is going to be conducted without a permit in violation of sections 444.760 […]
Section 444.788 – Civil action.
Effective – 28 Aug 2001 444.788. Civil action. — In the event the commission determines that any provisions of sections 444.760 to 444.790, rules and regulations promulgated thereunder, permits issued, conditions of the bond, or any final order or determination made by the commission or the director is being violated, the commission may, either after […]
Section 444.789 – Administrative procedure — inapplicability to public meetings.
Effective – 28 Aug 2001 444.789. Administrative procedure — inapplicability to public meetings. — 1. Any hearing pursuant to this section 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 […]