Mo. Code Regs. tit. 10 § 40-9.010

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 40-9.010 - Abandoned Mine Reclamation Fund

PURPOSE: This rule sets forth requirements for the abandoned mine reclamation fund pursuant to sections 444.810, 444.915, 444.920, 444.925, 444.930, and 444.940.2., RSMo.

(1) Definitions. For the purposes of 10 CSR 40-9, the following terms have been defined:

(A) Abandoned mine reclamation fund or fund means a separate fund established by section 444.810(11), RSMo (1986), to which monies granted by the director of the office under an approved state reclamation program and other monies are deposited in the fund;

(B) Emergency means an extreme danger which presents a high probability of considerable physical harm to persons, property or the environment before the danger can be abated under normal program operation procedures;

(C) Expended means that monies have been paid out by the state for work that has been accomplished or services rendered;

(D) Extreme danger means a condition which could reasonably be expected to cause considerable physical harm to persons, property or the environment and to which persons or improvements on real property are currently exposed;

(E) Federal abandoned mine reclamation fund or federal fund is a trust fund established on the books of the United States Treasury for the purpose of accumulating revenue designated for reclamation of abandoned mine lands, and other activities authorized by the Act;

(F) Office means the Office of Surface Mining and Enforcement of the Department of the Interior;

(G) Reclamation activities means restoration, reclamation, abatement, control or prevention of adverse effects of mining;

(H) State reclamation plan means a plan submitted by the state and approved by the office under 30 CFR 884 for the reclamation of land and water adversely affected by past mining; and

(I) State reclamation program means a program established by the state for the reclamation of land and water adversely affected by past mining, including the state reclamation plan and annual application for grants under the state reclamation plan.

(2) Revenue to the abandoned mine reclamation fund includes:

(A) Amounts granted to the state by the office for purposes of conducting the approved state reclamation plan;

(B) Monies collected by the state from charges for uses of lands acquired or reclaimed with monies from the fund under 10 CSR 40-9.050;

(C) Monies recovered by the state through the satisfaction of liens filed against privately-owned lands reclaimed with monies from the fund under 10 CSR 40-9.060;

(D) Monies recovered by the state from the sale of lands acquired with monies from the fund under 10 CSR 40-9.050; and

(E) Such other monies as received from grants or other funds or gifts from public and private agencies and individuals.

(3) Monies deposited in the fund are to be used to carry out the state reclamation plan.

10 CSR 40-9.010

AUTHORITY: section 444.810, RSMo 1994.* Original rule filed June 11, 1981, effective 10/13/1981.

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

The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

*Original authority 1979, amended 1983, 1993.