Missouri Revised Statutes
Chapter 444 - Rights and Duties of Miners and Mine Owners
Section 444.372 - Permits, final approval by director — denial of permit, procedures.

Effective - 28 Aug 1989
444.372. Permits, final approval by director — denial of permit, procedures. — 1. The director shall review the permit application and shall notify the applicant in a reasonable period of time after initial review of the completeness of the application, the need for additional information, the appropriateness of choice of final uses of the area and the adequacy of closure and inspection-maintenance plans. At the request of the applicant, a meeting shall be scheduled to negotiate and facilitate the appropriate plans to meet the purposes of sections 444.350 to 444.380 and the air pollution control program, waste management program, water pollution control program and dam safety program.
2. The director shall issue the permit or deny the permit within ninety days of receipt of the completed application. When the director has denied the permit, a conference shall be scheduled by the director to consider the matters in disagreement, and to attempt to negotiate resolution of such matters. If final agreement is reached, permit approval shall be issued. If final agreement is not reached, the director shall issue and cause to be served on the operator, a final determination specifying those matters in dispute, the basis for his determination, and conditions required to meet the director's objections.
3. All final orders and determinations of the department made pursuant to the provisions of sections 444.352 to 444.380 are subject to judicial review pursuant to the provisions of chapter 536. All final orders and determinations shall be deemed "administrative decisions" as that term is defined in chapter 536. No judicial review shall be available until all administrative remedies are exhausted.
4. In any suit filed pursuant to section 536.050 concerning the validity of the department's rules or regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such rules or regulations and may hear such additional evidence as it deems necessary.
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(L. 1989 H.B. 321 § 10)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXIX - Ownership and Conveyance of Property

Chapter 444 - Rights and Duties of Miners and Mine Owners

Section 444.010 - Mineral land owner to post conditions under which mining operations may be conducted thereon.

Section 444.020 - Failure to post statement of conditions, effect — rights of miners.

Section 444.030 - Tender of payment.

Section 444.040 - Notice to owner or lessee.

Section 444.050 - Ownership of ore.

Section 444.060 - Injunction or restraining order — how granted.

Section 444.070 - Mining extending to adjoining lands, how determined.

Section 444.080 - Order to be read.

Section 444.090 - Refusal to permit survey — penalty.

Section 444.100 - Provisions for mining coal in certain cities.

Section 444.110 - Notice of intention to mine — publication required.

Section 444.120 - Permit from mayor and council — petition to circuit court.

Section 444.130 - Court to authorize mining operations, when — period of time specified.

Section 444.140 - Form of bond required.

Section 444.150 - Written permission of owner required — violation — provisions for payment of fine.

Section 444.160 - Costs, paid by whom.

Section 444.170 - Diagram showing character and extent of mining operations to be filed in court — forfeiture for failure to comply.

Section 444.180 - Certain sections apply only to coal mining companies.

Section 444.320 - Mining under public highways and railroads prohibited.

Section 444.330 - Penalty for violation of section 444.320.

Section 444.350 - Citation of law.

Section 444.352 - Definitions.

Section 444.355 - Director, powers.

Section 444.358 - Permit required, when.

Section 444.360 - Application for permit, contents.

Section 444.362 - Closure plan, purposes, contents, review of.

Section 444.365 - Inspection — maintenance plan, purposes, contents, review of.

Section 444.368 - Financial assurance instrument required, form, amount — confidential information not to be released — duration, use, forfeiture — release of.

Section 444.370 - Processing fee, annual permit fee — metallic minerals waste management fund, created, uses.

Section 444.372 - Permits, final approval by director — denial of permit, procedures.

Section 444.375 - Inspections, investigations, director to perform — civil penalties authorized, procedures — emergency situations, powers of director.

Section 444.376 - Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition.

Section 444.377 - Hearings, procedures.

Section 444.378 - Violations, procedures to forfeit the financial assurance instrument, attorney general to assist, when.

Section 444.380 - Rules, authority, promulgation, procedure.

Section 444.400 - Mining compact — purpose, definitions — commission, budget, powers and programs — construction.

Section 444.410 - Members, interstate mining commission — appointment — compensation.

Section 444.500 - Citation of law.

Section 444.510 - Definitions.

Section 444.520 - Commission, membership, qualifications, terms, compensation, powers — department director, limitation on.

Section 444.530 - Powers of commission — rules, procedure.

Section 444.535 - Rules and regulations, commission shall make — variances, procedures, conditions — section not to apply, when.

Section 444.540 - Annual strip mining permit required, fee, renewal.

Section 444.550 - Application for permit, contents.

Section 444.560 - Reclamation plan required, contents.

Section 444.570 - Bond, amount — commission may waive.

Section 444.580 - Annual permit, how amended.

Section 444.590 - Successor operator, assumption of liability — first operator released, when.

Section 444.600 - Permit — investigation, decision, hearing, court review — appeals.

Section 444.610 - Reclamation and care requirements.

Section 444.620 - Time limits on reclamation practices.

Section 444.630 - Report, when required, contents.

Section 444.640 - Commission to investigate all reports — release from bond, when.

Section 444.650 - Application for release from bond — objection, effect of — appeal.

Section 444.660 - Additional time, granted when.

Section 444.670 - Commission may inspect and search — warrant, where obtained.

Section 444.680 - Injunction, when — violation, procedure — hearing.

Section 444.690 - Testimony at hearing, how recorded — available, when.

Section 444.700 - Judicial review, when — additional evidence authorized.

Section 444.710 - Injunction and forfeiture of bond, when — attorney general to act.

Section 444.720 - Rules and regulations, when effective — notice, hearing — variances authorized.

Section 444.730 - Mined land reclamation fund created — purpose.

Section 444.740 - Commission authorized to receive funds and services.

Section 444.750 - Recreational use of reclaimed lands encouraged.

Section 444.755 - Repeal of existing law not intended.

Section 444.760 - Short title.

Section 444.762 - Declaration of policy.

Section 444.765 - Definitions.

Section 444.766 - Exceptions to land reclamation act provisions.

Section 444.767 - Powers of commission — rules, procedure, review.

Section 444.768 - Fee, bond, or assessment structure, comprehensive review — proposal to be submitted, approval by commission — rulemaking requirements.

Section 444.770 - Permit required, when — release of certain bonds — complaints, requirements.

Section 444.771 - Limitation on permits near an accredited school.

Section 444.772 - Permit — application, contents, fees — amendment, how made — successor operator, duties of — fees expire, when.

Section 444.773 - Director to investigate applications — decision to issue or deny — denial of permit, appeal, procedure — commission to issue decision.

Section 444.774 - Reclamation requirements and conditions.

Section 444.775 - Release of bond, conditions — petition, hearing — administrative review.

Section 444.777 - Entry upon lands and inspection by commission members — warrants to issue.

Section 444.778 - Bond — form — amount — duration — forfeiture — power of reclamation.

Section 444.782 - Attorney general to represent commission, when — hearings on bond forfeiture, notice.

Section 444.784 - Commission rules and regulations authorized — delegation of authority — forfeiture funds, where expended.

Section 444.786 - Operation without permit prohibited, penalty.

Section 444.787 - Investigation by commission, attorney general to file suit — formal complaint procedure.

Section 444.788 - Civil action.

Section 444.789 - Administrative procedure — inapplicability to public meetings.

Section 444.790 - Administrative penalties — not to be assessed for minor violation, definition — amount set by rule, limitation — payment when — appeal, effect — surcharge due when — unpaid penalty, collection — time limitation to assess violation —...

Section 444.800 - Citation of law — legislative intent declared — rules and regulations authorized, procedure.

Section 444.805 - Definitions.

Section 444.810 - Powers of commission — abandoned mine reclamation fund created, purpose.

Section 444.815 - Permits required, kind, when to be obtained — term — effect of lack of operation — renewals — exemptions.

Section 444.820 - Permit fees — contents of application — confidential items — copy to be filed with recorder of deeds — insurance required.

Section 444.825 - Reclamation plan contents — confidential items.

Section 444.830 - Phase I reclamation bond to be filed, when — adjustment of amount of bond and terms, by commission, when.

Section 444.835 - Permit to be granted or application to be modified or denied — notification required — requirements to be met before permit to be issued — additional items to be filed with application — exemptions.

Section 444.840 - Revision of permit, procedure — transfer or assignment to have prior approval — commission may require permit revision — operator may be released from liability.

Section 444.845 - Coal exploration permit required — contents of application — bond required — confidential items — limitation on removal of coal — sections 444.800 to 444.940 applicable to coal exploration rules and regulations.

Section 444.850 - Publication of intent — notification to local governments — comments and objections may be filed, procedure — conferences, findings — hearings — appeals.

Section 444.855 - Performance standards to be met in surface mining operations — explosives — reclamation efforts.

Section 444.860 - Performance standards to be met in underground mining operations — rules and regulations.

Section 444.865 - Records and reports required — entry and inspection authorized — ownership information to be displayed — commission employees not to engage in mining, penalty — employees to file financial statements.

Section 444.870 - Penalties, administrative and criminal, procedure.

Section 444.875 - Release of all or part of performance bond, procedure — objections may be filed.

Section 444.880 - Actions to compel compliance, limitation — costs of litigation — actions for damages.

Section 444.885 - Cessation orders — suspension or revocation of permits — injunctive relief.

Section 444.890 - Commission to designate areas unsuitable for surface mining — review required — excepted lands — procedure.

Section 444.895 - Review of cessation orders and permit suspensions and revocations — procedure — temporary relief — hearings, conduct.

Section 444.900 - Judicial review.

Section 444.905 - Severability — rights retained — replacement of water — explosives regulations.

Section 444.915 - Abandoned mine reclamation fund — deposits and expenditures.

Section 444.920 - Abandoned mine reclamation fund, commission's duties and powers.

Section 444.925 - Entry upon property by commission staff, procedure — acquisition of land by commission — use and disposal of land — price — public hearings.

Section 444.930 - Liens for corrective measures — amount, filing, valuation — appeals, priority of liens.

Section 444.935 - Public health hazards — actions to abate, procedure.

Section 444.940 - Report on fund required — administration of fund, rules and regulations — authorized activities — water pollution treatment.

Section 444.950 - Phase I reclamation bond requirements — rules, procedure to adopt — rights and duties of mine owners.

Section 444.955 - Revegetation of mined land, responsibility transfer, approval required.

Section 444.960 - Fund, coal mine land reclamation, established, purpose, duties.

Section 444.965 - Assessment for fund, amount paid, when — additional assessment, determined how, when.

Section 444.970 - Penalty — delinquency or failure to comply with assessment or reclamation plan.

Section 444.980 - Appeal of permit decision, procedure.