PURPOSE: This rule sets forth requirements for the
abandoned mine reclamation fund pursuant to sections
444.810,
444.915,
444.920,
444.925, 444.930, and 444.940.2., RSMo.
(1) Definitions. For the purposes of 10 CSR
40-9, the following terms have been defined:
(A) Abandoned mine reclamation fund or fund
means a separate fund established by section
444.810(11),
RSMo (1986), to which monies granted by the director of the office under an
approved state reclamation program and other monies are deposited in the
fund;
(B) Emergency means an
extreme danger which presents a high probability of considerable physical harm
to persons, property or the environment before the danger can be abated under
normal program operation procedures;
(C) Expended means that monies have been paid
out by the state for work that has been accomplished or services
rendered;
(D) Extreme danger means
a condition which could reasonably be expected to cause considerable physical
harm to persons, property or the environment and to which persons or
improvements on real property are currently exposed;
(E) Federal abandoned mine reclamation fund
or federal fund is a trust fund established on the books of the United States
Treasury for the purpose of accumulating revenue designated for reclamation of
abandoned mine lands, and other activities authorized by the Act;
(F) Office means the Office of Surface Mining
and Enforcement of the Department of the Interior;
(G) Reclamation activities means restoration,
reclamation, abatement, control or prevention of adverse effects of
mining;
(H) State reclamation plan
means a plan submitted by the state and approved by the office under 30 CFR
884
for the reclamation of land and water adversely affected by past mining;
and
(I) State reclamation program
means a program established by the state for the reclamation of land and water
adversely affected by past mining, including the state reclamation plan and
annual application for grants under the state reclamation plan.
(2) Revenue to the abandoned mine
reclamation fund includes:
(A) Amounts granted
to the state by the office for purposes of conducting the approved state
reclamation plan;
(B) Monies
collected by the state from charges for uses of lands acquired or reclaimed
with monies from the fund under
10 CSR
40-9.050;
(C) Monies recovered by the state through the
satisfaction of liens filed against privately-owned lands reclaimed with monies
from the fund under
10 CSR
40-9.060;
(D) Monies recovered by the state from the
sale of lands acquired with monies from the fund under
10 CSR
40-9.050; and
(E) Such other monies as received from grants
or other funds or gifts from public and private agencies and
individuals.
(3) Monies
deposited in the fund are to be used to carry out the state reclamation
plan.
Notes
10 CSR 40-9.010
AUTHORITY: section
444.810,
RSMo 1994.* Original rule filed June 11, 1981, effective 10/13/1981.
Amended by
Missouri
Register October 1, 2018/Volume 43, Number 19, effective
11/30/2018
The secretary of state has determined that the publication
of this rule in its entirety would be unduly cumbersome or expensive. The
entire text of the material referenced has been filed with the secretary of
state. This material may be found at the Office of the Secretary of State or at
the headquarters of the agency and is available to any interested person at a
cost established by state law.
*Original authority 1979, amended 1983,
1993.