10 CSR 40-8.050 - Small Operators' Assistance
PURPOSE: This rule sets forth the requirements for the Small Operators' Assistance Program pursuant to 444.530 and 444.810,RSMo.
(1) Definition.
Qualified laboratory means a designated public agency, private firm,
institution or analytical laboratory that can provide the required
determination of probable hydrologic consequences or statement of results of
test borings or core samplings or other services as specified in section (5) of
this rule under the Small Operators' Assistance Program and which meets the
standards of section (6) of this rule.
(2) Eligibility for Assistance. An applicant
is eligible for assistance if s/he-
(A)
Intends to apply for a permit pursuant to the law;
(B) Establishes that his/her probable total
attributed annual production from all locations on which the operator is issued
the surface coal mining and reclamation permit, will not exceed three hundred
thousand (300,000) tons. Production from the following operations shall be
attributed to the applicant:
1. The
pro rata share, based upon percentage of ownership of
applicant, of coal produced by operations in which the applicant owns more than
a ten percent (10%) interest;
2.
The pro rata share, based upon percentage of ownership of
applicant, of coal produced in other operations by persons who own more than
ten percent (10%) of the applicant's operation;
3. All coal produced by operations owned by
persons who, directly or indirectly, control the applicant by reason of
direction of the management; and
4.
All coal produced by operations owned by members of the applicant's family and
the applicant's relatives, unless it is established that there is no direct or
indirect business relationship between or among them;
(C) Is not restricted in any manner from
receiving a permit under the permanent regulatory program; and
(D) Does not organize or reorganize his/her
company solely for the purpose of obtaining assistance under the Small
Operators' Assistance Program.
(3) Filing for Assistance. Each application
for assistance shall include the following information:
(A) A statement of the operator's intent to
file a permit application;
(B) The
names and addresses of-
1. The permit
applicant; and
2. The operator, if
different from the applicant;
(C) A schedule of the estimated total
production of coal from the proposed permit area and all other locations from
which production is attributed to the applicant under section (3). The schedule
shall include for each location:
1. The
operator or company name under which coal is or will be mined;
2. The permit number and Mine Safety and
Health Administration (MSHA) number;
3. The actual coal production during the year
preceding the year for which the applicant applies for assistance and
production that may be attributed to the applicant under section (3);
and
4. The estimated coal
production and any production which may be attributed to the applicant for each
year of the proposed permit;
(D) A description of-
1. The proposed method of coal
mining;
2. The anticipated starting
and termination dates of mining operations;
3. The number of acres of land to be affected
by the proposed mining operation; and
4. A general statement on the probable depth
and thickness of the coal resource including a statement of reserves in the
permit area and the method by which they were calculated;
(E) A United States Geological Survey
topographic map at a scale of 1:24,000 or larger, or other topographic map of
equivalent detail which clearly shows-
1. The
area of land to be affected;
2. The
location of any existing or proposed test borings; and
3. The location and extent of known workings
of any underground mines; and
(F) Copies of documents which show that-
1. The applicant has a legal right to enter
and commence mining within the permit area; and
2. A legal right of entry has been obtained
for the director or commission and laboratory personnel to inspect the lands to
be mined and adjacent areas to collect environmental data or to install
necessary instruments.
(4) Application Approval and Notice.
(A) If the director or commission finds the
applicant eligible, s/he shall inform the applicant in writing that the
application is approved.
(B) If the
director or commission finds the applicant ineligible, s/he shall inform the
applicant in writing that the application is denied and shall state the reasons
for denial.
(5) Program
Services and Data Requirements.
(A) To the
extent possible with available funds, the director or commission shall select
and pay a qualified laboratory to make the determination and statement and
provide other services referenced in subsection (5)(B) of this rule for
eligible operators who request assistance.
(B) The director or commission shall
determine the data needed for each applicant or group of applicants. Data
collected and the results provided to the director or commission shall be
sufficient to satisfy the requirements for-
1. The determination of the probable
hydrologic consequences of the surface mining and reclamation operations in the
proposed permit area and adjacent areas including the engineering analysis and
designs necessary for the determination in accordance with
10
CSR 40-6.050(9)(C) and any other
applicable provisions of this chapter;
2. The drilling and statement of the results
of test borings or core samplings for the proposed permit area in accordance
with
10 CSR
40-6.040(5) and
10
CSR 40-6.110(5), and any other
applicable provisions of this chapter;
3. The development of cross-section maps and
plans required by 10 CSR 40- 6.040(15);
4. The collection of archaeological and
historic information and related plans required by
10 CSR
40-6.040(3)(B) and
10
CSR 40-6.050(14) and any other
archaeolog- ical and historic information required by the regulatory
authority;
5. Pre-blast surveys
required by
10
CSR 40-6.050(4); and
6. The collection of site-specific resources
information, the production of protection and enhancement plans for fish and
wildlife habitats required by
10
CSR 40-6.050(7) and information and
plans for any other environmental values required by the regulatory authority
under the Act.
(C) Data
collection and analysis may proceed concurrently with the development of mining
and reclamation plans by the operator.
(D) Data collected under this program shall
be made publicly available in accordance with
10
CSR 40-6.070(6). The director or
commission shall develop procedures for interstate coordination and exchange of
data.
(6) Qualified
Laboratories.
(A) Basic Qualifications. To be
designated a qualified laboratory, a firm shall demonstrate that it-
1. Is staffed with experienced, professional
or technical personnel in the fields applicable to the work to be
performed;
2. Has adequate space
for material preparation and cleaning and sterilizing equipment and has
stationary equipment, storage and space to accommodate workloads during peak
periods;
3. Meets applicable
federal or state safety and health requirements;
4. Has analytical, monitoring and measuring
equipment capable of meeting applicable standards;
5. Has the capability of collecting necessary
field samples and making hydrologic field measurements and analytical
laboratory determinations by acceptable hydrologic, geologic or analytical
methods in accordance with the requirements of
10 CSR
40-6.040(5),
10
CSR 40-6.110(5) and
10
CSR 40-6.120(5), and any other
applicable provisions of this chapter. Other appropriate methods or guidelines
for data acquisition may be approved by the director; and
6. Has the capability of performing services
for either the determination or statement referenced in subsection
(5)(B).
(B)
Subcontractors. Subcontractors may be used to provide some of the required
services, provided their use is identified at the time a determination is made
that a firm is qualified and they meet requirements specified by the director
or commission.
(8)
Assistance Funding.
(A) Use of Funds. Funds
specifically authorized for this program shall be used to provide the services
specified in subsection (5) and shall not be used to cover administrative
expenses.
(B) Allocation of Funds.
The director or commission shall establish a formula for allocating funds to
provide services for eligible small operators if available funds are less than
those required to provide the services pursuant to this rule.
(9) Applicant Liability.
(A) A coal operator who has received
assistance pursuant to section (5) of this rule, shall reimburse the director
or commission for the cost of the services rendered if-
1. The applicant submits false information,
fails to submit a permit application within one (1) year from the date of
receipt of the approved laboratory report or fails to mine after obtaining a
permit;
2. The director or
commission finds that the operator's actual and attributed annual production of
coal for all locations exceeds three hundred thousand (300,000) tons during the
twelve (12) months immediately following the date on which the operator is
issued the surface coal mining and reclamation permit; or
3. The permit is sold, transferred or
assigned to another person and the transferee's total actual and attributed
production exceeds the three hundred thousand (300,000)-ton annual production
limit during the twelve (12) months immediately following the date on which the
permit was originally issued. Under this section, the applicant and its
successor are jointly and severally obligated to reimburse the director or
commission.
(B) The
director or commission may waive the reimbursement obligation if s/he finds
that the applicant at all times acted in good faith.
Notes
*Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.
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