10 CSR 40-6.070 - Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions
PURPOSE: This rule sets forth requirements for review, public participation and approval of permit applications and permit terms and conditions pursuant to sections 444.810, 444.815, 444.820, 444.835, 444.840, and 444.850, RSMo.
(1) Definitions. As used in subsections
(7)(D) and (8)(I)-
(A) Willful violation
means an act or omission which violates state or federal laws or regulations or
individual permit conditions, committed by a person who intends the result
which actually occurs; and
(B)
Irreparable damage to the environment means any damage to the environment that
cannot be corrected by actions of the applicant.
(2) Public Notices of Filing of Permit
Applications.
(A) An applicant for a permit
shall place an advertisement in a local newspaper of general circulation in the
locality of the proposed surface coal mining and reclamation operations at
least once a week for four (4) consecutive weeks. The applicant shall place the
advertisement in the newspaper at the same time the complete permit application
is filed with the director. The advertisement shall contain, at a minimum, the
following information:
1. The name and
business address of the applicant;
2. A map or description which shall-
A. Clearly show or describe towns, rivers,
streams, or other bodies of water, local landmarks, and any other information,
including routes, streets, or roads and accurate distance measurements,
necessary to allow local residents to readily identify the proposed permit
area;
B. Clearly show or describe
the exact location and boundaries of the proposed permit area;
C. State the name of the United States
Geological Survey 7.5-minute quadrangle map(s) which contains the area shown or
described; and
D. If a map is used,
indicate the north point;
3. The location where a copy of the
application is available for public inspection under subsection (2)(D) of this
rule;
4. The name and address of
the director to which written comments, objections, or requests for informal
conferences on the application may be submitted under sections (3)-(5) of this
rule; and
5. If an applicant seeks
a permit to mine within one hundred feet (100') of the outside right-of-way of
a public road or to relocate a public road, a concise statement describing the
mine-related activities to be conducted within one hundred feet (100') of the
outside right-of-way or, in the case of a relocation of a public road, the
particular part to be relocated, where the relocation is to occur, and the
duration of the relocation.
(B) Upon receipt of a complete application
for a permit, the director, within ten (10) days, shall issue written
notification of-
1. The applicant's intention
to surface mine a particularly described tract of land;
2. The application number;
3. Where a copy of the application may be
inspected; and
4. Where comments on
the application may be submitted under section (3) of this rule.
(C) The written notifications
shall be sent to-
1. Federal, state, and
local governmental agencies with jurisdiction over or an interest in the area
of the proposed operations and reclamation including, but not limited to, the
local office of the Soil Conservation Service, the local United States Army
Corps of Engineers district engineer, the National Park Service, other general
governmental entities, and fish and wildlife and historic preservation
agencies;
2. Governmental planning
agencies with jurisdiction to act with regard to land use, air, or water
quality planning in the area of the proposed operations;
3. Sewage and water treatment authorities and
water companies, either providing sewage or water services to users in the area
of the proposed operations or having water sources or collection, treatment, or
distribution facilities located in these areas; and
4. The federal or state governmental agencies
with authority to issue all other permits and licenses needed by the applicant
in connection with operations proposed in the application.
(D) The applicant shall-
1. Make a full copy of his/her complete
application for a permit available for the public to inspect and copy. This
shall be done by filing a copy of the application with the recorder of deeds at
the courthouse of the county where the mining is proposed to occur;
and
2. File the copy of the
complete application under paragraph (2)(D)1. of this rule by the first date of
newspaper advertisement of the application. The applicant shall file any
subsequent revision of the application with the recorder of deeds at the same
time as the revision is submitted to the commission or director.
(3) Opportunity for
Submission of Written Comments on Permit Applications.
(A) Written comments on permit applications
may be submitted to the commission and director by the public entities to whom
notification is provided under subsections (2)(B) and (C) of this rule with
respect to the effects of the proposed mining operations on the environment
within their area of responsibility.
(B) These comments shall be submitted to the
commission and director within thirty (30) days after the last publication of
the newspaper advertisement required by subsection (2)(A) of this
rule.
(C) The director shall
immediately transmit a copy of all comments for filing and public inspection to
the recorder of deeds where the applicant filed a copy of the application for a
permit under subsection (2)(D) of this rule. A copy shall also be transmitted
to the applicant.
(4)
Right to File Written Objections.
(A) Any
person whose interests are or may be adversely affected or an officer or head
of any federal, state, or local government agency or authority shall have the
right to file written objections to an initial, renewed, or revised application
for a permit within thirty (30) days after the last publication of the
newspaper advertisement required by subsection (2)(A) of this rule.
(B) Upon receipt of any written objections,
the director shall immediately-
1. Transmit a
copy of them to the applicant; and
2. File a copy for public inspection at the
office of the recorder of deeds where the applicant filed a copy of the
application for permit under subsection (2)(D) of this rule.
(5) Informal
Conferences.
(A) Procedure for Requests. Any
objector under section (4) of this rule or the applicant, in writing, may
request that the director hold an informal conference on the application for a
permit. The request shall-
1. Briefly
summarize the issues to be raised by the requestor at the conference;
2. State whether the requestor desires to
have the conference conducted in the locality of the proposed mining
operations; and
3. Be filed not
later than thirty (30) days after the last publication of the newspaper
advertisement in subsection (2)(A) of this rule.
(B) Except as provided in subsection (5)(C)
of this rule, if an informal conference is requested in accordance with
subsection (5)(A) of this rule, the director shall hold an informal conference
within thirty (30) days following the receipt of the request. The informal
conference shall be conducted according to the following:
1. If requested under paragraph (5)(A)2. of
this rule, the informal conference shall be held in the locality of the
proposed mining;
2. The date, time,
and location of the informal conference shall be advertised by the director in
a newspaper of general circulation in the locality of the proposed mine at
least two (2) weeks prior to the scheduled conference;
3. If requested in writing by a conference
requestor, within a reasonable time prior to the conference, the director shall
arrange with the applicant to grant parties to the conference access to the
mine plan area for the purpose of gathering information relevant to the
conference; and
4. The conference
shall be conducted by the director, who may accept oral or written statements
and any other relevant information from any party to the conference. An
electronic or stenographic record shall be made of the conference proceeding,
unless waived by all the parties. The record shall be maintained and shall be
accessible to the parties to the conference until final release of the
applicant's performance bond pursuant to 10 CSR 40-7.
(C) If all parties requesting the informal
conference stipulate agreement before the requested informal conference and
withdraw their request, the informal conference need not be held.
(D) Informal conferences held in accordance
with this section may be used as the public hearing required under
10
CSR 40-5.010(3)(D) on proposed uses
or relocation of public roads.
(6) Public Availability of Permit Application
on File With the Commissioner or Director.
(A) General Availability. Except as provided
in subsection (6)(C) of this rule, all applications for permits, revisions,
renewals, and transfers, assignments or sales of permit rights on file with the
regulatory authority shall be available, at reasonable times, for public
inspection and copying.
(B) Limited
Availability. Except as provided in subsection (6)(C) of this rule, information
pertaining to coal seams, test borings, core samplings, or soil samples in an
application shall be made available to any person with an interest which is or
may be adversely affected. Information subject to this subsection shall be made
available to the public when the information is required to be on public file
pursuant to state law.
(C)
Confidentiality. The director shall provide notice and the opportunity to be
heard for persons both seeking and opposing disclosure, when this request is
made through the procedures outlined in section (5) of this rule, to ensure
confidentiality of qualified confidential information, which shall be clearly
identified by the applicant and submitted separately from the remainder of the
application. Confidential information is limited to information-
1. That pertains only to the analysis of the
chemical and physical properties of the coal to be mined, except information on
components of the coal which are potentially toxic in the
environment;
2. Required under
section
444.825,
RSMo, that is not on public file pursuant to state law and that the applicant
has requested in writing to be held confidential; and
(7) Review of Permit Applications.
(A) Review by the Director and Determination
of the Adequacy of the Fish and Wildlife Plan. The director shall-
1. Review the complete application and
written comments, written objections submitted, and records of any informal
conference held under sections (3)-(5) of this rule;
2. Determine the adequacy of the fish and
wildlife plan submitted pursuant to
10
CSR 40-6.050(7) or
10
CSR 40-6.120(12), in consultation
with state and federal fish and wildlife management and conservation agencies
having responsibilities for the management and protection of fish and wildlife
or their habitats which may be affected or impacted by the proposed surface
coal mining and reclamation operations; and
3. Provide the resource information required
under
10 CSR
40-6.040(11) and the protection and
enhancement plan required under this section to the United States Fish and
Wildlife Service for its review within ten (10) days of receipt of the request
from the service.
(B) If
the director decides to approve the application, s/he shall require that the
applicant file the performance bond before the permit is issued, in accordance
with the provisions of 10 CSR 40-7.
(C) Based on available information concerning
federal and state failure-to-abate cessation orders, unabated federal and state
imminent harm cessation orders, delinquent civil penalties, bond forfeitures
where violations upon which the forfeitures were based have not been corrected,
delinquent abandoned mine reclamation fees and unabated violations of federal
and state laws and regulations pertaining to air or water environmental
protection incurred in connection with any surface coal mining operation, the
director shall not issue the permit if the applicant, operator, or any surface
coal mining and reclamation operation owned or controlled by either the
applicant, operator, or by any person who owns or controls the applicant or
operator is currently in violation of any federal or state surface coal mining
law or any other law or regulation referred to in subsection (7)(C). In the
absence of a failure-to-abate cessation order, the regulatory authority may
presume that a notice of violation issued pursuant to
10 CSR
40-8.030(7) or under a federal or
state program has been or is being corrected to the satisfaction of the agency
with jurisdiction over the violation, except where evidence to the contrary is
set forth in the permit application or where the notice of violation is issued
for nonpayment of abandoned mine reclamation fees or civil penalties. If a
current violation exists, the regulatory authority shall require the applicant,
operator, or person who owns or controls the applicant or operator, before the
issuance of the permit, to either-
1. Submit
proof which is satisfactory to the regulatory authority, department, or agency
which has jurisdiction over the violation that the violation-
A. Has been corrected; or
B. Is in process of being corrected;
or
2. Establish for the
regulatory authority that the applicant, operator, or any person owned or
controlled by either the applicant, operator, or any person who owns or
controls the applicant, has filed and is presently pursuing, in good faith, a
direct administrative or judicial appeal to contest the validity of the current
violation. If the initial judicial review authority affirms the violation, then
the applicant, within thirty (30) days of the judicial action, shall submit the
proof required under paragraph (7)(C)1. of this rule.
(D) Before any final determination that the
applicant or the operator specified in the application controls or has
controlled mining operations with a demonstrated pattern of willful violation
of the law or the Act of that nature, duration, and with the result in
irreparable damage to the environment that indicates an intent not to comply
with the provisions of the law or the Act, the applicant or operator shall be
afforded an opportunity for an adjudicatory hearing conducted pursuant to
10
CSR 40-6.080(1).
(E) The applicant for a permit shall have the
burden of establishing that the application is in compliance with all the
requirements of the regulatory program.
(F) Any permit that is issued on the basis of
proof submitted under paragraph (7)(C)1. of this rule that a violation is in
the process of being corrected, or pending the outcome of an appeal described
in paragraph (7)(C)2. of this rule, shall be conditionally issued.
(G) Final Compliance Review. After an
application is approved, but before the permit is issued, the decision to
approve the application shall be reconsidered, based on the compliance review
required by subsection (7)(C) of this rule in light of any new information
submitted under
10
CSR 40-6.030(1)(H) and
(2)(D).
(8) Criteria for Permit Approval or Denial.
No permit or revision application shall be approved, unless the application
affirmatively demonstrates, and the director finds, in writing, on the basis of
information set forth in the application or from information otherwise
available, which is documented in the approval and made available to the
applicant, that-
(A) The permit application
is accurate and complete and that all requirements of the regulatory program
have been complied with;
(B) The
applicant has demonstrated that surface coal mining and reclamation operations,
as required by the regulatory program, can be feasibly accomplished under the
mining and reclamation operations plan contained in the application;
(C) The assessment of the probable cumulative
impacts of all anticipated coal mining in the general area on the hydrologic
balance, as described in
10
CSR 40-6.050(9)(E), has been made by
the commission or director and the operations proposed under the application
have been designed to prevent damage to the hydrologic balance outside the
proposed mine plan area;
(D) The
proposed permit area is not-
1. Included
within an area designated unsuitable for surface coal mining operations under
10 CSR
40-5.020;
2. Within an area under study for designation
as unsuitable for surface coal mining operations in an administrative
proceeding begun under
10 CSR
40-5.020, unless the applicant demonstrates that,
before January 4, 1977, s/he has made substantial legal and financial
commitments in relation to the operation for which s/he is applying for a
permit;
3. On any lands subject to
the prohibitions or limitations of
10
CSR 40-5.010(2);
4. Within one hundred feet (100') of the
outside right-of-way line of any public road, except as provided for in
10
CSR 40-5.010(5)(B); or
5. Within three hundred feet (300') from any
occupied dwelling, except as provided for in
10
CSR 40-5.010(2)(E) and
(6)(B);
(E) The proposed operations will not
adversely affect any publicly- or privately-owned parks or places included or
eligible for listing in the National Register of Historic Places, except as
provided for in
10
CSR 40-5.010(2)(C). This finding may
be supported in part by inclusion of appropriate permit conditions or changes
in the operation plan protecting historic resources, or a documented decision
that the director has determined that no additional protection measures are
necessary;
(F) For operations
involving the surface mining of coal where the private mineral estate to be
mined has been severed from the private surface estate, the applicant has
submitted the documentation required under
10
CSR 40-6.030(3)(B) or
10
CSR 40-6.100(3)(B);
(G) If applicable, the applicant has either-
1. Submitted the proof required by paragraph
(7)(C)1. of this rule; or
2. Made
the demonstration required by paragraph (7)(C)2. of this rule;
(H) The applicant has submitted
proof that all required federal reclamation fees have been paid;
(I) If the applicant, anyone who owns or
controls the applicant or the operator specified in the application, controls
or has controlled surface coal mining and reclamation operations with a
demonstrated pattern of willful violations of a nature and duration and with
resulting irreparable damage to the environment indicating an intent not to
comply with the law, no permit shall be issued. Before a finding becomes final,
the applicant or operator shall be afforded an opportunity for an adjudicatory
hearing on the determination;
(J)
The applicant, with respect to prime farmland, has obtained either a negative
determination or satisfied the requirements of
10
CSR 40-6.060(4);
(K) It is found that the activities would not
affect the continued existence of endangered or threatened species or result in
the destruction or adverse modification of their critical habitats as
determined under the Endangered Species Act of 1973 ( 16 U.S.C. Section 1531
);
(L) The applicant, if
applicable, satisfied the requirements for approval of a long-term, intensive
agricultural postmining land use in accordance with the requirements of
10 CSR
40-3.120(1)(E) or
10
CSR 40-3.270(1)(E); and
(M) For a proposed remining operation where
the applicant intends to reclaim in accordance with the requirements of
10 CSR
40-4.080, the site of the operation is a previously
mined area as defined in
10 CSR
40-8.010(1)(A) 72. The applications
must contain:
1. Lands eligible for
remining;
2. An identification of
the potential environmental and safety problems related to prior mining
activity which could reasonably be anticipated to occur at the site. This
identification shall be based on a due diligence investigation which shall
include visual observations at the site, a record review of past mining at the
site, and environmental sampling tailored to current site conditions;
and
3. Mitigation plans to
sufficiently address these potential environmental and safety problems so that
reclamation as required by the applicable requirements of the regulatory
program can be accomplished.
(N) The applicant is eligible to receive a
permit, based on the reviews under
10
CSR 40-6.030(2);
10
CSR 40-6.070(7), (8), (10) and (11);
and
10
CSR 40-6.090(4) and (8).
(9) Criteria for Permit Approval
or Denial- Existing Structures.
(A) No
application for a permit or revisions which proposes to use an existing
structure in connection with or to facilitate the proposed surface coal mining
and reclamation operation shall be approved, unless the applicant demonstrates
and it is found, in writing, on the basis of information set forth in the
complete application that-
1. If the
applicant proposes to use an existing structure in accordance with the
exemption provided in
10 CSR
40-8.070(2)(D) 1.A.-
B. No significant harm to the environment or
public health or safety will result from use of the structure; and
2. If other existing structures
will be used-
A. If the application proposes
to use an existing structure in accordance with the exemption provided in
10 CSR
40-8.070(2)(D) 1.B.-
(I) The structure meets the performance
standards of the law and 10 CSR 40-2;
(II) No significant harm to the environment
or public health or safety will result from use of the structure; and
B. If it
is found that the structure meets the criteria of subparagraphs (9)(A)1.A. and
B. of this rule, but does not meet the criterion of
10 CSR
40-8.070(2)(D) 1.C., the applicant
shall submit a compliance plan for modification or reconstruction of the
structure and it must be found prior to the issuance of the permit that-
(I) The modification or reconstruction of the
structure will bring the structure into compliance with the design and
performance standards of 10 CSR 40-3 and 10 CSR 40-4 as soon as possible, but
not later than six (6) months, after issuance of the permit;
(II) The risk of harm to the environment or
to public health or safety is not significant during the period of modification
or reconstruction; and
(B) If it is found that
the existing structure cannot be reconstructed without causing significant harm
to the environment or public health or safety, the applicant will be required
to abandon the existing structure. The structure shall not be used for or to
facilitate surface coal mining operations after the effective date of issuance
of the permit issued under this chapter. Abandonment of the structure shall
proceed on a schedule approved in compliance with
10 CSR
40-3.150(4) or
10
CSR 40-3.310(4).
(10) Permit Approval or Denial Actions.
(A) The director shall approve, require
modification of or deny all applications for permits on the basis of-
1. Complete applications for permits and
revisions or renewals of permits;
2. Public participation as provided for in
this chapter;
3. Compliance with
any applicable provisions of
10
CSR 40-6.060; and
4. Processing and review of applications as
required by this rule.
(B) The director shall take action as
required under subsection (10)(A) of this rule, within the following times:
1. Initiation of regulatory program. Except
as provided for in paragraph (10)(B)3. of this rule, a complete application
submitted within two (2) months after approval of the state program by the
secretary of the interior shall be processed by the director so that an
application is approved or denied-
A. Within
eight (8) months after the date of approval by the secretary of the interior of
a regulatory program, unless the state or the commission and director are
specifically enjoined from submitting a state program or the commission and
director are specifically enjoined from implementing a regulatory program but
in no case later than eight (8) months after program approval; and
B. If an informal conference has been held
pursuant to section (5) of this rule, within sixty (60) days from the close of
the conference;
2.
Subsequent operation of regulatory programs. Except as provided for in
paragraph (10)(B)3. of this rule, a complete application submitted in
accordance with subsection (4)(B) of this rule shall be processed by the
director, so that an application is approved or denied within the following
times:
A. If an informal conference has been
held under section (5) of this rule, within sixty (60) days of the close of the
conference; and
B. If no informal
conference has been held under section (5) of this rule, then within sixty (60)
days after the last publication of notice; and
3. Notwithstanding any of the previously
mentioned provisions of this section, no time limit requiring the commission or
director to act shall be considered expired from the time the commission or
director initiates a proceeding under subsection (7)(D) of this rule until the
final decision of the hearing body.
(C) If an informal conference is held under
section (5) of this rule, the director shall give his/her written findings to
the permit applicant and to each person who is a party to the conference,
approving, modifying or denying the application in whole or in part and stating
the specific reasons therefore in the decision.
(D) If no informal conference has been held,
the director shall give his/her written findings to the permit applicant,
approving, modifying, or denying the application in whole or in part and
stating the specific reason in the decision.
(E) The director shall simultaneously give a
copy of his/her decision to-
1. Each person
and governmental official who filed a written objection or comment with respect
to the application; and
2. The
regional director of the office together with a copy of any permit
issued.
(F) Within ten
(10) days after the granting of a permit, including the filing of the
performance bond which complies with 10 CSR 40-7, the director shall notify the
local government officials in the county in which the area of land to be
affected is located that a permit has been issued and shall describe the
location of the lands within the permit area.
(11) Improvidently-Issued Permit.
(A) General Procedures.
1. Permit review. Where the director has
reason to believe a surface coal mining and reclamation permit was
improvidently issued, s/he shall review the circumstances under which the
permit was issued, using the criteria in paragraph (11)(A)2. of this rule.
Where the regulatory authority finds that the permit was improvidently issued,
it shall comply with paragraph (11)(A)3. of this rule.
2. Review criteria. The director shall find
that a surface coal mining and reclamation permit was issued improvidently if-
A. Under the violations review criteria of
the regulatory program at the time the permit was issued-
(I) The regulatory authority should not have
issued the permit because of an unabated violation or a delinquent penalty or
fee; or
(II) The permit was issued
on the presumption that a notice of violation was in the process of being
corrected to the satisfaction of the agency with jurisdiction over the
violation, but a cessation order subsequently was issued;
B. The violation, penalty, or fee-
(I) Remains unabated or delinquent;
and
(II) Is not the subject of a
good faith appeal, or of an abatement plan or payment schedule with which the
permittee or other person responsible is complying to the satisfaction of the
responsible agency; and
C. Where the permittee was linked to the
violation, penalty, or fee through ownership or control, under the violations
review criteria of the regulatory program at the time the permit was issued an
ownership or control link between the permittee and the person responsible for
the violation, penalty, or fee still exists, or where the link was severed the
permittee continues to be responsible for the violation, penalty, or
fee.
3. Remedial
measures. If the director, under paragraph (11)(A)2. of this rule, finds that
because of an unabated violation or a delinquent penalty or fee a permit was
issued improvidently, s/he shall use one (1) or more of the following remedial
measures:
A. Implement, with the cooperation
of the permittee or other person responsible and of the responsible agency, a
plan for abatement of the violation or a schedule for payment of the penalty or
fee;
B. Impose on the permit a
condition requiring that in a reasonable period of time the permittee or other
person responsible abate the violation or pay the penalty or fee;
C. Suspend the permit until the violation is
abated or the penalty or fee is paid; or
D. Rescind the permit under subsection
(11)(B) of this rule.
4.
The regulatory authority will consider a provisionally issued permit to be
improvidently issued, and must immediately initiate procedures under
10
CSR 40-6.070(11) to suspend or
rescind that permit, if-
A. Violations are
not abated within the specified abatement period;
B. The applicant, the applicant's operator,
or operations that the applicant or the applicant's operator own or control do
not comply with the terms of an abatement plan or payment schedule;
C. In the absence of a request for judicial
review, the disposition of a challenge and any subsequent administrative review
of this section affirms the validity of the violation or the ownership or
control listing or finding; or
D.
The initial judicial review decision of this section affirms the validity of
the violation or the ownership or control listing or finding.
(B) Suspension and
Rescission Procedures.
1. A regulatory
authority which, under subparagraph (11)(A)3.D. of this rule, elects to suspend
or rescind an improvidently-issued permit shall serve on the permittee and post
at its nearest office to the permit area a notice of proposed suspension and
rescission which includes the reasons for the finding of the regulatory
authority under paragraph (11)(A)2. of this rule and states that-
A. If the regulatory authority proposes to
suspend the applicant's permit, the regulatory authority will provide sixty
(60) days notice and the permit will automatically become suspended. If the
regulatory authority proposes to rescind the applicant's permit, the regulatory
authority will provide one hundred twenty (120) days notice and the applicant's
permit will be automatically rescinded. These periods will be followed unless
the permittee submits proof and the regulatory authority finds that-
(I) The finding of the regulatory authority
under paragraph (11)(A)2. of this rule was erroneous;
(II) The permittee or other person
responsible has abated the violation on which the finding was based, or paid
the penalty or fee, to the satisfaction of the responsible agency;
(III) The violation, penalty, or fee is the
subject of a good faith appeal, or of an abatement plan or payment schedule
with which the permittee or other person responsible is complying to the
satisfaction of the responsible agency; or
(IV) Since the finding was made, the
permittee has severed any ownership or control link with the person responsible
for, and does not continue to be responsible for, the violation, penalty, or
fee; and
B. When the
permit is suspended or rescinded, written notification shall be provided to the
permittee requiring the permittee to cease all surface coal mining and
reclamation operations under the permit and shall be posted at the nearest
office to the permit area, except for violation abatement and for reclamation
and other environmental protection measures as required by the regulatory
authority.
2. Right to
appeal. If the permit is suspended or rescinded, the permittee may file an
appeal for administrative review of the notice under Administrative Procedures
and Review, Chapter 536, RSMo. This review shall be requested within thirty
(30) days of the receipt of the notice of suspension and rescission. The
requested hearing shall be held before the commission within thirty (30) days
of the receipt of the request. The commission shall issue its decision within
thirty (30) days of the hearing.
(12) Permit Terms.
(A) Each permit shall be issued for a fixed
term not to exceed five (5) years. A longer fixed permit term may be granted,
if-
1. The application is full and complete
for the specified longer term; and
2. The applicant shows that a specified
longer term is reasonably needed to allow the applicant to obtain necessary
financing of equipment and the opening of this operation and the need is
confirmed, in writing, by the applicant's proposed source for the
financing.
(B)
Termination and Extension Conditions.
1. A
permit shall terminate, if the permittee has not begun the surface coal mining
and reclamation operation covered by the permit, within three (3) years of the
issuance of the permit.
2. The
commission may grant reasonable extensions of time for commencement of these
operations upon receipt of a written statement showing that these extensions of
time are necessary, if-
A. Litigation
precludes the commencement or threatens substantial economic loss to the
permittee; or
B. There are
conditions beyond the control and without the fault or negligence of the
permittee.
3. With
respect to coal to be mined for use in a synthetic fuel facility or specified
major electric generating facility, the permittee shall be deemed to have
commenced surface mining operations at the time that the construction of the
synthetic fuel or generating facility is initiated.
4. Extensions of time granted under this
subsection shall be specifically set forth in the permit and notice of the
extension shall be made to the public.
(C) Permits may be suspended, revoked, or
modified in accordance with
10
CSR 40-6.060(1)-(3) and (5),
10
CSR 40-6.090(3), and
10 CSR
40-8.030.
(13) Conditions of Permits-General and Right
of Entry. Each permit shall ensure that-
(A)
Except to the extent that the commission or director otherwise directs in the
permit that for specific actions be taken, the permittee shall conduct all
surface coal mining and reclamation operations as described in the complete
application;
(B) The permittee
shall allow the authorized representative of the secretary of the interior, the
commission, director, or authorized representatives, without advance notice or
a search warrant, upon presentation of appropriate credentials and without
delay, to-
1. Have the rights of entry
provided for in
10 CSR
40-8.030(2); and
2. Be accompanied by private persons for the
purpose of conducting an inspection when the inspection is in response to an
alleged violation reported to the commission or director by the private
person;
(C) The
permittee shall conduct surface coal mining and reclamation operations only on
those lands specifically designated on the maps submitted under
10 CSR
40-6.040 or
10
CSR 40-6.110,
10
CSR 40-6.050, or
10
CSR 40-6.120 and approved for the term of the permit
and which are subject to the performance bond in effect pursuant to 10 CSR
40-7;
(D) The operator shall pay
all reclamation fees required by Subchapter R of Chapter 30 of the Code
of Federal Regulations for coal produced under the permit for sale,
transfer, or use in the manner required by that subchapter; and
(E) Within thirty (30) days after a cessation
order is issued under
10 CSR
40-8.030(6) for operations conducted
under the permit, except where a stay of the cessation order is granted and
remains in effect, the permittee shall either submit to the regulatory
authority the following information, current to the date the cessation order
was issued, or notify the regulatory authority in writing that there has been
no change since the immediately preceding submittal of that information:
1. Any new information needed to correct or
update the information previously submitted to the regulatory authority by the
permittee under
10
CSR 40-6.030(1)(C); or
2. If not previously submitted, the
information required from a permit applicant by
10
CSR 40-6.030(1)(C).
(14) Conditions of
Permits-Environment, Public Health, and Safety. Each permit shall ensure and
contain specific conditions requiring that the permittee shall-
(A) Take all possible steps to minimize any
adverse impact to the environment or public health and safety resulting from
noncompliance with any term or condition of the permit, including, but not
limited to:
1. Any accelerated or additional
monitoring necessary to determine the nature and extent of
noncompliance;
2. Immediate
implementation of measures necessary to comply; and
3. Warning, as soon as possible after
learning of the noncompliance, any person whose health and safety is in
imminent danger due to the noncompliance;
(B) Dispose of solids, sludge, filter
backwash, or pollutants removed in the course of treatment or control of waters
or emissions to the air in the manner required by 10 CSR 40-3 and 10 CSR 40-4,
by the regulatory program and which prevents violation of any other applicable
state or federal law; and
(C)
Conduct its operations-
1. In accordance with
any measures specified in the permit as necessary to prevent significant,
imminent environmental harm to the health or safety of the public;
and
Notes
*Original authority: 444.530, 1971, amended 1983, 1990, 1993, 1995 and 444.810, RSMo 1979, amended 1983, 1993, 1995.
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