Mo. Code Regs. tit. 10 § 40-10.010

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 10 CSR 40-10.010 - Permit Requirements for Industrial Mineral Operations

PURPOSE: This rule amendment follows the review conducted pursuant to Executive Order 17-03. The amendment proposes to remove language that repeats statute or is obsolete.

(1) Operations Required to Have Permits. Any person, firm, or corporation engaged in or controlling surface mining of industrial minerals in areas opened on or after January 1, 1972, must obtain a permit from the Missouri Mining Commission in accordance with section 444.770.1. and 444.770.2., RSMo. The effective date for having to obtain a permit for minerals not covered previously under the provisions of the Land Reclamation Act, as amended is August 28, 1990.

(A) After August 28, 1990, surface mining for the following industrial minerals shall require a permit:

1. Gravel;

2. Limestone;

3. Granite;

4. Traprock;

5. Tar sands;

6. Clay;

7. Barite;

8. Sandstone;

9. Oil shale;

10. Sand;

11. Shale; and

12. All others as defined in 444.765(11), RSMo.

(2) Operations Not Required to Obtain a Missouri Mining Permit.

(A) These regulations do not apply to iron, lead, zinc, gold, silver, coal, water, fill dirt, natural oil, or gas.

(B) Surface mining for industrial minerals may be conducted without a permit by any-

1. Individual for personal use only; and

2. Political subdivision including, but not limited to, county, city, state, or branch of the military which uses its own personnel and equipment to obtain minerals for its own use.

10 CSR 40-10.010

AUTHORITY: sections 444.767, RSMo Supp. 1993, 444.770 and 444.784, RSMo Supp. 1990.* Original rule filed Aug. 2, 1991, effective 2/6/1992. Amended: Filed June 1, 1994, effective 11/30/1994.

Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018

*Original authority: 444.767, RSMo 1971, amended 1990, 1993; 444.770, RSMo 1971, amended 1991; and 444.784, RSMo 1971, amended 1991.