10 CSR 40-9.020 - Reclamation-General Requirements
(1) Land and
water are eligible for reclamation activities if-
(A) They were mined for coal or affected by
coal mining processes before August 3, 1977;
(B) They were inadequately
reclaimed;
(C) There is no
continuing responsibility for reclamation by the operator, permittee or agent
of the permittee under statutes of the state or federal government, or the
state as a result of bond forfeiture. Bond forfeiture will render lands or
water ineligible only if the amount forfeited is sufficient to pay the total
cost of the necessary reclamation. In cases where the forfeited bond is
insufficient to pay the total cost of reclamation, additional moneys from the
fund will be sought under 30 CFR 886 and 30 CFR 888 ;
(D) Notwithstanding subsections (1)(A)- (C)
of this rule, coal lands and waters damaged and abandoned after August 3, 1977,
by coal mining processes are also eligible for reclamation activities if-
1. They were mined for coal or affected by
coal mining processes; and
2. The
mining occurred and the site was left in either an unreclaimed or inadequately
reclaimed condition between August 4, 1977 and ending on or before November 21,
1980, and that funds for reclamation or abatement which are available pursuant
to a bond or other form of financial guarantee or from any other source are not
sufficient to provide for adequate reclamation or abatement at the site;
or
3. The mining occurred and the
site was left in either an unreclaimed or inadequately reclaimed condition
during the period beginning on August 4, 1977 and ending on or before November
5, 1990, and that the surety of such mining operator became insolvent during
such period, and as of November 5, 1990, funds immediately available from
proceedings relating to such insolvency, or from any financial guarantee or
other source are not sufficient to provide for adequate reclamation or
abatement at the site; and
4. The
commission finds in writing that the site meets the eligibility requirements of
this section and the priority objectives stated in subsections (4)(A) and (B)
of this rule and that the reclamation priority of the site is the same or more
urgent than the reclamation priority for other lands and waters eligible
pursuant to this section. Priority will be given to those sites which are in
the immediate vicinity of a residential area or which have an adverse economic
impact upon a community;
(E) Monies available from sources outside the
fund or which are ultimately recovered from responsible parties involving lands
eligible pursuant to subsection (1)(D) of this rule, are to be used to offset
the cost of the reclamation or transferred to the fund if not needed for
further reclamation activities at the permitted site; and
(F) If reclamation of a site covered by an
interim or permanent program permit is carried out under the state reclamation
program, the permittee of the site shall reimburse the abandoned mine land
reclamation fund for the cost of the reclamation that is in excess of any bond
forfeited to ensure reclamation. In performing reclamation under subsection
(1)(D) of this rule, the commission shall not be held liable for any violations
of any performance standards or reclamation requirements specified in Chapter
444, RSMo 1994 nor shall a reclamation activity undertaken on such lands or
waters be held to any standards set forth in Chapter 444, RSMo 1994.
(2) Land and water which were
mined or affected by mining for minerals and materials other than coal shall be
eligible for reclamation activities with federal funds under the state
reclamation program when requested by the governor to the director of the
office and the director of the office has found in writing that-
(A) The conditions of section (1) of this
rule have been met;
(B) The
reclamation has been requested by the governor;
(C) All reclamation with respect to abandoned
coal mine land and water has been accomplished within the state or the
reclamation is necessary for the protection of public health and safety;
and
(D) Moneys allocated to the
state for the state reclamation program by the federal government are available
for the work.
(3) Left or
abandoned in either an unreclaimed or inadequately reclaimed condition means
lands and water-
(A) Which meet the conditions
of section (1) or (2) of this rule; and
(B) Which continue, in their present
condition, to substantially degrade the quality of the environment, prevent or
damage the beneficial use of land or water resources, or endanger the health or
safety of the public.
Notes
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