Title V, AGRICULTURE (Ch. 159 - 215A)

1. a. The division shall make inspections of any mining and reclamation operations as are necessary to evaluate the administration of this chapter and authorized representatives of the division shall have a right to entry at any mining and reclamation operation. If the operator r…

1. a. When on the basis of an inspection, the administrator determines that a condition or practice exists which creates an imminent danger to the health or safety of the public or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water…

1. a. (1) A person who violates a permit condition, a provision of this chapter , or a rule or order issued under this chapter is subject to a civil penalty not to exceed five thousand dollars per day for each day of violation. (2) If a violation results in the issuance of a cess…

1. Each operator upon completion of any reclamation work required by this chapter shall apply to the division in writing for approval of the work. The division shall promulgate rules consistent with Pub. L. No. 95-87, §519 , codified at 30 U.S.C. §1269 , regarding procedures and …

1. A person having an interest which is or may be adversely affected may commence a civil action on the person’s own behalf to compel compliance with this chapter as follows: a. Against the division or any other governmental agency or subdivision which is alleged to be in violati…

1. A coal exploration operation in this state which substantially disturbs the natural land surface shall be conducted in accordance with exploration rules issued by the division. The rules shall include at a minimum the following: a. The requirement that prior to conducting an e…

1. The provisions of this chapter shall be applicable to surface operations and surface impacts incident to an underground coal mine with such modifications to the permit application requirements, permit approval or denial procedures, and bond requirements as are necessary to acc…

As used in this chapter , unless context otherwise requires: 1. “Administrator” means the administrator of the division or a designee. 2. “Division” means the division of soil conservation and water quality created within the department of agriculture and land stewardship pursuan…

The division may enter into a cooperative agreement with the secretary to provide for the division to regulate mining and reclamation operations on federal lands within the state. If the division enters into a cooperative agreement with the secretary under this section , such agr…

1. The division shall participate in the abandoned mine reclamation program under Pub. L. No. 95-87, Tit. IV , codified at 30 U.S.C. ch. 25, subch. IV . There is established an abandoned mine reclamation fund under the control of the division. 2. a. Lands and water eligible for r…

1. a. The division, pursuant to a state program approved by the secretary, may take action as provided in paragraph “b” of this subsection if it finds all of the following: (1) Land or water resources have been adversely affected by past coal mining practices. (2) The adverse eff…

1. Within six months after the completion of a project to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the division shall itemize the money expended on the project and may file a lien statement in the office o…

1. This chapter shall not be construed as affecting the right of any person’s interest in water resources affected by a mining operation. 2. The operator of a mine shall replace the water supply of an owner of interest in real property who obtains all or part of the owner’s suppl…

In addition to the duties and powers conferred upon the division, it shall have the power to prescribe by rule the necessary procedures and requirements of operators to carry out the purpose and provisions of this chapter . [ C81, §83.25 ] C93, §207.25

Mining operations not subject to this chapter . The provisions of this chapter shall not apply to any of the following activities: 1. The extraction of coal by a landowner for the landowner’s own noncommercial use from land owned or leased by the landowner. 2. The extraction of c…

In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, agricultural, residential, or public use including recreational facilities, the division with approval by the secretary may authorize departures in indi…

1. A person shall not discharge, or in any other way discriminate against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this ch…

The division may engage in any work and do all things necessary or expedient, including adoption of rules, to implement and administer the provisions of an abandoned mine reclamation program. 97 Acts, ch 115, §5

1. A person shall not engage in a surface coal mining operation without first obtaining a license from the division. Licenses shall be issued upon application submitted on a form provided by the division and accompanied by a fee of fifty dollars. An applicant shall furnish on the…

1. a. Prior to beginning mining or removal of overburden at mining site, an operator shall obtain a permit from the division for the site. Application for a permit shall be made upon a form provided by the division. The permit fee shall be established by the division in an amount…

1. An applicant for a coal mining and reclamation permit or its renewal shall file a copy of the application for public inspection with the county recorder of each county where the mining is proposed to occur. 2. An applicant for a coal mining and reclamation permit or its renewa…

1. An application for a permit shall contain a blasting plan which outlines the procedures and standards by which the operator will meet the requirements of the division. 2. The division may promulgate rules requiring the training, examination, and certification of persons engagi…

The division shall adopt rules for environmental protection performance standards that are consistent with federal regulations authorized under the federal Surface Mining Control and Reclamation Act and amendments to that Act. [C77, 79, §83A.31; C81, §83.7 ] 87 Acts, ch 47, §1 C9…

1. The division by rule shall designate a site unsuitable for coal mining if the division determines on the basis of an application or petition that reclamation as required by this chapter is not technologically and economically feasible and may designate a site unsuitable for co…

1. Upon the basis of a complete mining application and reclamation plan or a revision or renewal, the division shall grant, require modification of, or deny the application for a permit in a reasonable time set by the division and notify the applicant in writing. The applicant sh…