Mo. Code Regs. tit. 10 § 40-9.020

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

Section 10 CSR 40-9.020 - Reclamation-General Requirements

PURPOSE: Amendment is due to legislative changes to the "Land Reclamation Act" (the "Act") in 2014, (HB 1201 and SB 642) rules and to conform to the requirements of Executive Order 17-03.

(1) Land and water are eligible for reclamation activities if-

(A) They were mined for coal or affected by coal mining processes before August 3, 1977;

(B) They were inadequately reclaimed;

(C) There is no continuing responsibility for reclamation by the operator, permittee or agent of the permittee under statutes of the state or federal government, or the state as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the fund will be sought under 30 CFR 886 and 30 CFR 888;

(D) Notwithstanding subsections (1)(A)-(C) of this rule, coal lands and waters damaged and abandoned after August 3, 1977, by coal mining processes are also eligible for reclamation activities if-

1. They were mined for coal or affected by coal mining processes; and

2. The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977 and ending on or before November 21, 1980, and that funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or

3. The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition during the period beginning on August 4, 1977 and ending on or before November 5, 1990, and that the surety of such mining operator became insolvent during such period, and as of November 5, 1990, funds immediately available from proceedings relating to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site; and

4. The commission finds in writing that the site meets the eligibility requirements of this section and the priority objectives stated in subsections (4)(A) and (B) of this rule and that the reclamation priority of the site is the same or more urgent than the reclamation priority for other lands and waters eligible pursuant to this section. Priority will be given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a community;

(E) Monies available from sources outside the fund or which are ultimately recovered from responsible parties involving lands eligible pursuant to subsection (1)(D) of this rule, are to be used to offset the cost of the reclamation or transferred to the fund if not needed for further reclamation activities at the permitted site; and

(2) Land and water which were mined or affected by mining for minerals and materials other than coal shall be eligible for reclamation activities with federal funds under the state reclamation program when requested by the governor to the director of the office and the director of the office has found in writing that-

(A) The conditions of section (1) of this rule have been met;

(B) The reclamation has been requested by the governor;

(C) All reclamation with respect to abandoned coal mine land and water has been accomplished within the state or the reclamation is necessary for the protection of public health and safety; and

(D) Moneys allocated to the state for the state reclamation program by the federal government are available for the work.

(3) Left or abandoned in either an unreclaimed or inadequately reclaimed condition means lands and water-

(A) Which meet the conditions of section (1) or (2) of this rule; and

(B) Which continue, in their present condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public.

10 CSR 40-9.020

AUTHORITY: section 444.810, RSMo Supp. 1999.* Original rule filed June 11, 1981, effective 10/13/1981. Amended: Filed Sept. 15, 1994, effective 4/30/1995. Amended: Filed March 21, 2000, effective 10/30/2000.

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: 444.810, RSMo 1979, amended 1983, 1993, 1995.