Effective - 28 Aug 1995
444.810. Powers of commission — abandoned mine reclamation fund created, purpose. — 1. The commission may:
(1) Adopt and promulgate rules and regulations respecting the administration and enforcement of this law and in conformity therewith;
(2) Encourage and conduct investigations, research, experiments and demonstrations, and collect and disseminate information relating to surface coal mining and reclamation and conservation of lands and waters affected by surface coal mining;
(3) Examine and pass on all applications and plans and specifications submitted by the operator for the method of operation and for the reclamation and conservation of the area of land affected by the operation;
(4) Make investigations and inspections which are necessary to ensure compliance;
(5) Conduct hearings and administer oaths or affirmations and subpoena witnesses to the inquiry;
(6) Order the suspension or revocation of any permit, or the cessation of operations for failure to comply with any of the provisions of this law, rules and regulations, reclamation plans, permit conditions, or any order of the commission;
(7) Order forfeiture of any bond for failure to comply with any provisions of this law, rules or regulations, reclamation plans, permit conditions or any order of the commission;
(8) Cause to be instituted in any court of competent jurisdiction legal proceedings for injunction or other appropriate relief to enforce this law, rules and regulations, reclamation plans, permit conditions, or any order of the commission;
(9) Retain, employ, provide for, and compensate, within the limits of appropriations made for that purpose, such consultants, assistants, deputies, clerks, and other employees on full- or part-time basis as may be necessary to carry out the provisions of this law and prescribe the times at which they shall be appointed and their powers and duties; and when appropriate, contract for such professional or technical services as necessary;
(10) Study and develop plans for the reclamation of lands that have been mined prior to August 3, 1977, and those described in subsection 3 of section 444.915;
(11) Accept, receive and administer grants or other funds or gifts from public and private agencies and individuals, including the federal government, for the purpose of carrying out any of the functions of this law, including the reclamation of lands mined prior to August 3, 1977. Funds received by the commission for the purpose of reclaiming lands mined prior to August 3, 1977, shall be deposited with the state treasurer and credited to the "Abandoned Mine Reclamation Fund" which is hereby created. After appropriation by the general assembly, the money in this fund shall be expended for the purposes authorized. Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state. All income from such investments shall, unless otherwise prohibited by the constitution of this state, be deposited in the abandoned mine land reclamation fund. Any unexpended balance in such fund at the end of any appropriation period shall not be transferred to the general revenue fund of the state treasury and, accordingly, shall be exempt from the provisions of section 33.080. The commission may promulgate such rules and regulations or enter into such contracts as it may deem necessary for carrying out the provisions of this subdivision;
(12) Budget and receive duly appropriated moneys for expenditures to carry out the provisions and purposes of this law;
(13) Prepare and file a biennial report with the governor and members of the general assembly;
(14) Enter into cooperative agreements with the appropriate federal officer or agency to provide for state regulation of surface coal mining and reclamation operations on federal lands within the state.
2. No rule or portion of a rule promulgated under the authority of sections 444.800 to 444.970 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
--------
(L. 1979 H.B. 459, A.L. 1983 S.B. 241, A.L. 1993 H.B. 312 & 257 merged with S.B. 52, A.L. 1995 S.B. 3)
Structure Missouri Revised Statutes
Title XXIX - Ownership and Conveyance of Property
Chapter 444 - Rights and Duties of Miners and Mine Owners
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 444.180 - 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 444.372 - Permits, final approval by director — denial of permit, procedures.
Section 444.377 - Hearings, procedures.
Section 444.380 - Rules, authority, promulgation, procedure.
Section 444.410 - Members, interstate mining commission — appointment — compensation.
Section 444.500 - Citation of law.
Section 444.510 - Definitions.
Section 444.530 - Powers of commission — rules, procedure.
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 444.770 - Permit required, when — release of certain bonds — complaints, requirements.
Section 444.771 - Limitation on permits near an accredited school.
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 444.786 - Operation without permit prohibited, penalty.
Section 444.788 - Civil action.
Section 444.789 - Administrative procedure — inapplicability to public meetings.
Section 444.805 - Definitions.
Section 444.810 - Powers of commission — abandoned mine reclamation fund created, purpose.
Section 444.825 - Reclamation plan contents — confidential items.
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 444.885 - Cessation orders — suspension or revocation of permits — injunctive relief.
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 444.935 - Public health hazards — actions to abate, procedure.
Section 444.955 - Revegetation of mined land, responsibility transfer, approval required.
Section 444.960 - Fund, coal mine land reclamation, established, purpose, duties.
Section 444.970 - Penalty — delinquency or failure to comply with assessment or reclamation plan.