Missouri Revised Statutes
Chapter 444
Rights and Duties of Miners and Mine Owners
←444.786
Section 444.787.1
444.788→
August 28, 2015
Investigation by commission, attorney general to file suit--formal complaint procedure.
444.787. 1. The commission shall investigate surface mining operations
in the state of Missouri. If the investigations show that surface mining is
being or is going to be conducted without a permit in violation of sections
444.760 to 444.790 or in violation of any revocation order, and the
commission has not issued a variance, the commission shall request the
attorney general to file suit in the name of the state of Missouri for an
injunction and civil penalties not to exceed one thousand dollars per day for
each day, or part thereof, the violation has occurred. Suit may be filed
either in the county where the violation occurs or in Cole County.
2. If the investigation shows that a surface mining operation for which a
permit has been issued is being conducted contrary to or in violation of any
provision of sections 444.760 to 444.790 or any rule or regulation promulgated
by the commission or any condition imposed on the permit or any condition of
the bond, the director may by conference, conciliation and persuasion
endeavor to eliminate the violation. If the violation is not eliminated, the
director shall provide to the operator by registered mail a notice describing
the nature of the violation, corrective measures to be taken to abate the
violation, and the time period for abatement. Within fifteen days of receipt
of this notice the operator may request an informal conference with the
director to contest the notice. The director may modify, vacate or enforce
the notice and shall provide notice to the operator of his action within
thirty days of the informal conference. If the operator fails to comply with
the notice, as amended by the director, in the time prescribed within the
notice, the director shall file a formal complaint with the commission for
suspension or revocation of the permit, and for forfeiture of bond, or for
appropriate corrective measures. When the director files a formal complaint,
the commission shall cause to have issued and served upon the person
complained against a written notice together with a copy of the formal
complaint, which shall specify the provision of sections 444.760 to 444.790
or the rule or regulation or the condition of the permit or of the bond of
which the person is alleged to be in violation, a statement of the manner in,
and the extent to which, the person is alleged to be in violation. The person
complained against may, within fifteen days of receipt of the complaint,
request a hearing before the commission. Such hearing shall be conducted in
accordance with the provisions of section 444.789.
3. After due consideration of the hearing record, or upon failure of the
operator to request a hearing by the date specified in the complaint, the
commission shall issue and enter such final order and make such final
determination as it shall deem appropriate under the circumstances. Included
in such order and determination may be the revocation of any permit and to
cease and desist operations. The commission shall immediately notify the
respondent of its decision in writing by certified mail.
4. Any final order or determination or other final action by the
commission shall be approved in writing by at least four members of the
commission. The commission shall not issue any permit to any person who has
had a permit revoked until the violation that caused the revocation is
corrected to the satisfaction of the commission. Any final order of the
commission can be appealed in accordance with chapter 536.
(L. 1990 H.B. 1584, A.L. 1991 S.B. 45, A.L. 2001 H.B. 453)
1991
1991
444.787. 1. The commission shall investigate surface mining operations
in the state of Missouri. If the investigations show that surface mining is
being or is going to be conducted without a permit in violation of sections
444.760 to 444.789 or in violation of any revocation order, and the commission
has not issued a variance, the commission shall request the attorney general
to file suit in the name of the state of Missouri for an injunction and civil
penalties not to exceed one thousand dollars per day for each day, or part
thereof, the violation has occurred. Suit may be filed either in the county
where the violation occurs or in Cole County.
2. If the investigation shows that a surface mining operation for which
a permit has been issued is being conducted contrary to or in violation of any
provision of sections 444.760 to 444.789 or any rule or regulation promulgated
by the commission or any condition imposed on the permit or any condition of
the bond, the director may by conference, conciliation and persuasion endeavor
to eliminate the violation. If the violation is not eliminated, the director
shall provide to the operator by registered mail a notice describing the
nature of the violation, corrective measures to be taken to abate the
violation, and the time period for abatement. Within fifteen days of receipt
of this notice the operator may request an informal conference with the
director to contest the notice. The director may modify, vacate or enforce
the notice and shall provide notice to the operator of his action within
thirty days of the informal conference. If the operator fails to comply with
the notice, as amended by the director, in the time prescribed within the
notice, the director shall file a formal complaint with the commission for
suspension or revocation of the permit, and for forfeiture of bond, or for
appropriate corrective measures. When the director files a formal complaint,
the commission shall cause to have issued and served upon the person
complained against a written notice together with a copy of the formal
complaint, which shall specify the provision of sections 444.760 to 444.789 or
the rule or regulation or the condition of the permit or of the bond of which
the person is alleged to be in violation, a statement of the manner in, and
the extent to which, the person is alleged to be in violation. The person
complained against may, within fifteen days of receipt of the complaint,
request a hearing before the commission. Such hearing shall be conducted in
accordance with the provisions of section 444.789.
3. After due consideration of the hearing record, or upon failure of the
operator to request a hearing by the date specified in the complaint, the
commission shall issue and enter such final order and make such final
determination as it shall deem appropriate under the circumstances. Included
in such order and determination may be the revocation of any permit and to
cease and desist operations. The commission shall immediately notify the
respondent of its decision in writing by certified mail.
4. Any final order or determination or other final action by the
commission shall be approved in writing by at least four members of the
commission. The commission shall not issue any permit to any person who has
had a permit revoked until the violation that caused the revocation is
corrected to the satisfaction of the commission. Any final order of the
commission can be appealed in accordance with chapter 536, RSMo.
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