Effective - 28 Aug 1995
444.950. Phase I reclamation bond requirements — rules, procedure to adopt — rights and duties of mine owners. — 1. An applicant shall, consistent with the timing provided for in subsection 1 of section 444.830, file a phase I reclamation bond pursuant to this section. The phase I reclamation bond shall be a minimum of two thousand five hundred dollars per permitted acre for every acre permitted and bonded on August 28, 1993, unless the phase I reclamation bond has been released pursuant to section 444.875, except that it shall be a minimum of ten thousand dollars per acre for the coal preparation area. The phase I reclamation bond for areas other than coal preparation areas may be adjusted annually by the commission based upon calculations conducted by the director, but shall not be increased by more than two hundred fifty dollars per year per acre or a maximum of five thousand dollars per acre. The phase I bond for coal preparation areas may also be adjusted annually by the commission based upon calculations conducted by the director, but shall not be increased by more than five hundred dollars per year per acre or a maximum of fifteen thousand dollars per acre. The changes shall be proposed by the commission through the normal rulemaking process. The calculations of the minimum phase I reclamation bond amount required shall depend upon the reclamation requirements of the approved permits, and shall reflect the probable difficulty of reclamation, giving consideration to such factors as site topography, geology, hydrology, and revegetation potential. In no case shall the phase I reclamation bond be less than ten thousand dollars per permit, except that for those operators with less than one thousand bonded acres, the minimum bond shall be the equivalent of twenty acres of phase I reclamation bond for each acre of open pit, as determined by the approved mining plan. For the purposes of this section, the open pit shall be the area between the crest of the highwall to the toe of the spoil.
2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
3. The phase I reclamation bond shall be executed by the operator and a corporate surety licensed to do business in the state, except that the operator may elect to deposit cash, irrevocable letters of credit, negotiable bonds of the United States government or of the state of Missouri, or negotiable certificates of deposit of any bank organized or transacting business in the United States. The cash deposit or market value of such securities shall be equal to or greater than the amount of the bond required for the bonded area.
4. The commission may accept the phase I reclamation bond of the applicant himself without the separate surety provided for in subsection 3* of this section when the applicant demonstrates to the satisfaction of the commission the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self-insure or bond such amount or, in lieu of the establishment of a bonding program, as set forth in this section, the commission may adopt an alternative system that will achieve the objectives and purposes of the bonding program pursuant to this section, and which is consistent with or pursuant to the purposes of P.L. 95-87, the Surface Mining Control and Reclamation Act.
5. Liability under the phase I reclamation bond will continue until the commission determines that phase I reclamation has been completed, whereupon the commission may release no less than eighty percent of the phase I reclamation bond. The remaining phase I reclamation bond shall remain in effect until phase III liability is released. In the event of forfeiture, the total amount of the phase I reclamation bond filed shall be available for the completion of all phases of reclamation.
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(L. 1982 S.B. 737, A.L. 1986 S.B. 778, A.L. 1987 H.B. 669, A.L. 1988 H.B. 1836, A.L. 1993 H.B. 312 & 257, A.L. 1995 S.B. 3)
*"Subsection 9" appears in original rolls.
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.