10 CSR 40-10.100 - Definitions
(1)
Administrative penalty . The monetary fine assessed by the commission.
(2) Amended permit . Involves adding an area
to an existing permit area where the area added is already included in an
approved long-term operation and reclamation plan. An amended permit does not
require a public notice .
(3)
Applicable law . That which an operator is required to adhere to with regard to
any environmental law or regulation that the Missouri Department of Natural
Resources administers.
(4)
Conference, conciliation, and persuasion (CC&P). The administrative means
employed by the director or his/her representative to resolve or prevent an
alleged violation of the law, rules, permit, or conditions of the bond,
including, but not limited to, informal conversations, telephone conversations,
and letters issued by the director.
(5) Consolidated material . Any naturally
formed aggregate or mass of mineral matter which is firm and coherent and that
cannot be excavated by normal construction equipment. Material requires
blasting to be excavated.
(6) Flood
plain . Geographic areas susceptible to periodic inundation from overflow of
natural waterways.
(7) Habitual
violator . A person, permittee, or operator that has established a pattern of
violations of any requirements of the Land Reclamation Act , its corresponding
regulations, or the permit is defined here as any person or permittee who has-
(A) Three (3) similar violations in any six
(6) or less inspections;
(B) Five
(5) violations in any ten (10) or fewer inspections; or
(C) Three (3) or more violations in three (3)
consecutive inspections.
(8) Industrial uses . An area reclaimed for
industrial purposes that is properly stabilized from erosion by means other
than vegetation.
(9) In-stream sand
and gravel operator . An operator whose entire extraction operation occurs on
areas between the defined river or creek banks that are covered by water or are
saturated by water throughout the entire year.
(10) Lateral support . Undisturbed material
left in place, with unconsolidated material left in place at no more than a
forty degree (40°) grade, to prevent sloughing of the adjacent right-of-way
of a public road, street, or highway.
(11) Mine expansion . Involves expansions to
the area beyond the area described in an existing operation and reclamation
plan. With the exception of a permit fee, a mine expansion requires an
application equal to a new permit . An expansion may be requested at any time
during the term of an existing permit and requires the filing of a new public
notice .
(12) Mineral or industrial
mineral . A constituent of the earth in a solid state which, when extracted from
the earth, is usable in its natural form or is capable of conversion into a
usable form as a chemical, an energy source or raw material for manufacturing,
or construction material. For the purposes of this section, this definition
also includes barite, tar sands shale, sand, sandstone, limestone, granite,
clay, traprock, and oil shales, but does not include iron, lead, zinc, gold,
silver, coal, surface or subsurface water, fill dirt, natural oil, or gas,
together with other chemicals recovered.
(13) New permit . Permits issued for the first
time where a new permit number is assigned. All requirements of
10 CSR
40-10.020 apply.
(14) Notice of violation . The document that
is sent by the director to the operator describing the nature of a violation(s)
of any law, rule, permit, or condition of the bond, the corrective measures to
be taken to abate the violation(s), and a time period for abatement of the
violation(s). This definition shall include the notice itself, any
modification, termination, or vacation of the notice of violation itself by
subsequent actions taken by the director or the commission.
(15) Overburden . This definition does not
include the mineral that is being mined at the surface mining
operation.
(16) Permit period . The
length of time for which the permit is issued, a one (1)-year period.
(17) Renewed permit . Involves only extending
the term of an existing permit by another year.
(18) Revised operations . Involves the
substantial revision of the mining methods of an existing operation and
reclamation plan. This revision does not involve the addition of new areas to
the permit. A revision is substantial if the changes clearly exceed the scope
of activity authorized by the permit in effect at the time or measurably
increases the potential affects on public health, safety, and
livelihood.
(19) Surety bond . A
joint undertaking by the permittee as principal and the surety where the surety
is obligated to pay Missouri the face amount of the bond should the reclamation
not be completed by the permittee.
(20) Unconsolidated material . Material which
can be removed and handled by normal construction equipment without
blasting.
(21) Violation.
(A) Major Violation . The violation poses a
high likelihood of pollution, creation of health or safety hazard or public
nuisance; or the actions have or may have a substantial adverse effect on the
purposes of or procedures for implementing the Land Reclamation Act and its
corresponding regulations or a combination of these.
(B) Minor Violation . The violation poses a
low likelihood of pollution, creation of health or safety hazard or public
nuisance; or the actions have or may have a low adverse effect on the purposes
of or procedures for implementing the Land Reclamation Act and its
corresponding regulations or it has a minor potential for harm and a minor
deviation from the requirements of the law and regulations or a combination of
these.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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) Administrative penalty . The monetary fine assessed by the commission .
(5)
(8)
(9) Fill dirt. Material excavated for use as construction fill which does not have a distinctive physical property matching one of the minerals listed under 10 CSR 40-10.010(1) and which will not be refined into one of those minerals. Backfill material for use in completing
(A) Three (3) similar violations in any six (6) or less inspections;
(B) Five (5) violations in any ten (10) or fewer inspections; or
(C) Three (3) or more violations in three (3) consecutive inspections.
(19)
(21) Peak. A projecting point of
(23) Pit. The place where minerals are being or have been extracted by surface mining.
(24) Refuse. All waste material directly connected with the cleaning and preparation of substance mined by surface mining.
(27) Ridge. A lengthened elevation of
(28) Site or mining site. Any location or group of associated locations where minerals are being surface mined by the same
(30) Surface mining. The mining of minerals for commercial purposes by removing the
(A) Major Violation . The violation poses a high likelihood of pollution, creation of health or safety hazard or public nuisance; or the actions have or may have a substantial adverse effect on the purposes of or procedures for implementing the Land Reclamation Act and its corresponding regulations or a combination of these.
(B) Minor Violation . The violation poses a low likelihood of pollution, creation of health or safety hazard or public nuisance; or the actions have or may have a low adverse effect on the purposes of or procedures for implementing the Land Reclamation Act and its corresponding regulations or it has a minor potential for harm and a minor deviation from the requirements of the law and regulations or a combination of these.
Notes
*Original authority: 444.767, RSMo 1990, amended 1990, 1993, 2001; 444.772, RSMo 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.