Title XXIX — OWNERSHIP AND CONVEYANCE OF PROPERTY

444.355. Director, powers. — The director shall have and exercise all powers provided in sections 444.352 to 444.380, including but not limited to the following: (1) Ensure the coordination of existing environmental programs for the processing of the permit required by sections 4…

444.358. Permit required, when. — No later than six months after August 28, 1989, for active metallic minerals waste management areas presently operating under a National Pollutant Discharge Elimination System (NPDES) permit, or dam safety registration, or both, or within ninety …

444.360. Application for permit, contents. — The application for a metallic minerals waste management permit shall contain the following: (1) The legal description of the waste management area; (2) The name of the owner of the surface of the waste management area; (3) The address…

444.362. Closure plan, purposes, contents, review of. — 1. The operator shall submit a closure plan, the purpose of which shall be to: (1) Ensure that metallic mineral wastes are contained on-site as required by applicable NPDES permits, dam safety registration requirements, wast…

444.365. Inspection — maintenance plan, purposes, contents, review of. — 1. The operator shall submit an inspection-maintenance plan to ensure that the area will be maintained until such time as it is stabilized and will be self-maintained in accordance with the purposes of the p…

444.368. Financial assurance instrument required, form, amount — confidential information not to be released — duration, use, forfeiture — release of. — 1. Before a permit can be issued, the operator shall file a demonstration of financial assurance in the form of a bond, certifi…

444.370. Processing fee, annual permit fee — metallic minerals waste management fund, created, uses. — 1. A processing fee of ten thousand dollars shall accompany the filing of the application for a facility or metallic minerals waste management area. An annual fee of seven thous…

444.372. Permits, final approval by director — denial of permit, procedures. — 1. The director shall review the permit application and shall notify the applicant in a reasonable period of time after initial review of the completeness of the application, the need for additional in…

444.375. Inspections, investigations, director to perform — civil penalties authorized, procedures — emergency situations, powers of director. — 1. The director shall cause investigations to be made to determine compliance with sections 444.350 to 444.380 and the permits issued p…

444.376. Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition. — 1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 444.3…

444.377. Hearings, procedures. — 1. Any hearing under sections 444.350 to 444.380 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 t…

444.378. Violations, procedures to forfeit the financial assurance instrument, attorney general to assist, when. — The attorney general, upon request of the director, shall institute proceedings to have the financial assurance instrument of the operator forfeited for violation by…

444.380. Rules, authority, promulgation, procedure. — The director may adopt and promulgate reasonable rules and regulations to implement sections 444.352 to 444.380. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has…

444.400. Mining compact — purpose, definitions — commission, budget, powers and programs — construction. — The "Interstate Mining Compact"* is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows…

444.410. Members, interstate mining commission — appointment — compensation. — The governor shall appoint one member and one alternate member to represent Missouri's interests on the interstate mining commission. Such appointment shall be with the advice and consent of the senate…

444.500. Citation of law. — This law, sections 444.500 to 444.755, may be known and cited as the "Strip Mine Law". ­­-------- (L. 1971 S.B. 1 § 2 subsec. 5, A.L. 1979 H.B. 459, A.L. 1990 H.B. 1584)

[Repealed or reserved.]

444.520. Commission, membership, qualifications, terms, compensation, powers — department director, limitation on. — 1. There is a Missouri mining commission whose domicile for administrative purposes is the department of natural resources. The commission shall consist of the fol…

444.530. Powers of commission — rules, procedure. — 1. The commission may: (1) Adopt and promulgate rules and regulations respecting the administration of sections 444.500 to 444.789; (2) Encourage and conduct investigation, research, experiments and demonstrations, and collect a…

444.535. Rules and regulations, commission shall make — variances, procedures, conditions — section not to apply, when. — 1. In addition to the other powers and duties prescribed by law, the commission shall adopt and promulgate rules and regulations adequate to require the opera…

444.540. Annual strip mining permit required, fee, renewal. — 1. No person shall engage in strip mining unless such person possesses a valid permit issued by the commission designating the area of land affected by the operation. The permit shall authorize the operator to engage i…

444.550. Application for permit, contents. — 1. Application for permit shall be made on a form prescribed by the commission and shall include: (1) The names of all persons with any interest in the land to be mined; (2) The source of the applicant's legal right to mine the land af…

444.560. Reclamation plan required, contents. — The application for a permit shall be accompanied by a plan of reclamation that meets the requirements of sections 444.500 to 444.755, and the rules and regulations promulgated under them, and shall contain a verified statement by t…

444.570. Bond, amount — commission may waive. — Before the issuance of the permit, the operator shall file with the commission, in such form as the commission prescribes, a bond payable to the state treasurer, conditioned that the operator shall faithfully perform all requirement…

444.580. Annual permit, how amended. — 1. An operator desiring to have his permit amended to cover additional land may file an amended application with the commission. Upon receipt of the amended application, and such additional fee and bond as may be required under the provision…

444.590. Successor operator, assumption of liability — first operator released, when. — Where one operator succeeds another at any uncompleted operation, either by sale, assignment, lease or otherwise, the commission may release the first operator from all liability under section…

444.600. Permit — investigation, decision, hearing, court review — appeals. — 1. All applications for a permit shall be filed with the director who shall promptly investigate the application and make a decision within thirty days after the application is received as to whether th…

444.610. Reclamation and care requirements. — 1. Every operator to whom a permit is issued pursuant to the provisions of sections 444.500 to 444.755 may engage in strip mining upon the lands described in the permit upon the performance of and subject to the following requirements…

444.620. Time limits on reclamation practices. — In addition to completion of grading, grading shall be current and shall meet the following additional time limits: (1) Grading shall be completed not more than one hundred eighty days after the final placing of the spoil ridges. W…

444.630. Report, when required, contents. — 1. The operator shall file a report with the commission within sixty days after the date of expiration of a permit stating the exact number of acres of land affected by the operation, the extent of the reclamation already accomplished, …

444.640. Commission to investigate all reports — release from bond, when. — 1. The commission shall investigate or cause to have investigated the status of reclamation after each report referred to in section 444.580 has been filed. 2. If the commission determines that grading ha…

444.650. Application for release from bond — objection, effect of — appeal. — 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 reports or subsequent to such reports, for release of the …

444.660. Additional time, granted when. — The commission may grant such additional time for meeting with the completion dates required by sections 444.500 to 444.755 as are necessary due to an act of God, war, strike, riot or other catastrophe. ­­-------- (L. 1971 S.B. 1 § 19)

444.670. Commission may inspect and search — warrant, where obtained. — Commission members and authorized representatives of the commission may at all reasonable times enter upon any lands being strip mined for the purpose of inspection to determine whether the provisions of sect…

444.680. Injunction, when — violation, procedure — hearing. — 1. The commission shall cause investigations to be made of all strip mining operations in the state of Missouri. If the investigation shows that strip mining is being or is going to be conducted without a permit in vio…

444.690. Testimony at hearing, how recorded — available, when. — At any public hearing, all testimony taken before the commission shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any party to a hearing or to any member of th…

444.700. Judicial review, when — additional evidence authorized. — 1. All final decisions or orders of the commission shall be subject to judicial review as provided in chapter 536. No judicial review shall be available, however, until all administrative remedies are exhausted. 2…

444.710. Injunction and forfeiture of bond, when — attorney general to act. — In the event the commission determines that any provisions of sections 444.500 to 444.755, rules and regulations promulgated hereunder, permits issued, conditions of the bond, or any final order or dete…

444.720. Rules and regulations, when effective — notice, hearing — variances authorized. — 1. No rule or regulation or any amendment or repeal thereof adopted pursuant to sections 444.500 to 444.755 shall be adopted except after a public hearing to be held after thirty days' prio…

444.730. Mined land reclamation fund created — purpose. — 1. All sums received through the payment of fees or the forfeiture of bonds pursuant to sections 444.500 to 444.970 shall be placed in the state treasury and credited to the "Mined Land Reclamation Fund" which is hereby cr…

444.740. Commission authorized to receive funds and services. — 1. In the reclamation of land affected by strip mining for which it has funds available, the commission may avail itself of any services which may be provided by other state agencies or by agencies of the federal gov…

444.750. Recreational use of reclaimed lands encouraged. — Owners of lands that have been reclaimed or otherwise comply with the provisions of sections 444.500 to 444.755 are encouraged to make available to the people of this state these lands for recreational use at no charge. R…

444.755. Repeal of existing law not intended. — No existing civil or criminal remedy for any wrongful action which is a violation of any part of sections 444.500 to 444.755 or any rule or regulation promulgated hereunder shall be excluded or impaired by sections 444.500 to 444.75…

444.760. Short title. — This act may be known and cited as "The Land Reclamation Act". ­­-------- (L. 1971 H.B. 519 § 1)

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 thereb…

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 overb…

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 …

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 c…

444.768. Fee, bond, or assessment structure, comprehensive review — proposal to be submitted, approval by commission — rulemaking requirements — late fee, when — court action, when. — *1. Notwithstanding any statutory fee amounts or maximums to the contrary, the director of the d…

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 opera…