Missouri Revised Statutes
Chapter 444
Rights and Duties of Miners and Mine Owners
←444.800
Section 444.805.1
444.810→
August 28, 2015
Definitions.
444.805. As used in this law, unless the context clearly indicates
otherwise, the following words and terms mean:
(1) "Approximate original contour", that surface configuration
achieved by backfilling and grading of the mined area so that the reclaimed
area, including any terracing or access roads, closely resembles the
general surface configuration of the land prior to mining and blends into
and complements the drainage pattern of the surrounding terrain, with all
highwalls and spoil piles eliminated; water impoundments may be permitted
where the commission determines that they are in compliance with
subdivision (8) of subsection 2 of section 444.855;
(2) "Coal preparation area", that portion of the permitted area used
for the beneficiation of raw coal and structures related to the
beneficiation process such as the washer, tipple, crusher, slurry pond or
ponds, gob pile and all waste material directly connected with the
cleaning, preparation and shipping of coal, but does not include subsurface
coal waste disposal areas;
(3) "Coal preparation area reclamation", the reclamation of the coal
preparation area by disposal or burial or both of coal waste according to
the approved reclamation plan, the replacement of topsoil, and initial
seeding;
(4) "Commission", the Missouri mining commission created by section
444.520;
(5) "Director", the staff director of the Missouri mining commission;
(6) "Federal lands", any land, including mineral interests, owned by
the United States without regard to how the United States acquired
ownership of the land and without regard to the agency having
responsibility for management thereof, except Indian lands;
(7) "Federal lands program", a program established by the United
States Secretary of the Interior to regulate surface coal mining and
reclamation operations on federal lands;
(8) "Imminent danger to the health and safety of the public", the
existence of any condition or practice, or any violation of a permit or
other requirement of this law in a surface coal mining and reclamation
operation, which condition, practice, or violation could reasonably be
expected to cause substantial physical harm to persons outside the permit
area before such condition, practice, or violation can be abated. A
reasonable expectation of death or serious injury before abatement exists
if a rational person, subjected to the same conditions or practices giving
rise to the peril, would not expose himself or herself to the danger during
the time necessary for abatement;
(9) "Operator", any person engaged in coal mining;
(10) "Permit", a permit to conduct surface coal mining and
reclamation operations issued by the commission;
(11) "Permit area", the area of land indicated on the approved map
submitted by the operator with his application, which area of land shall be
covered by the operator's bond and shall be readily identifiable by
appropriate markers on the site;
(12) "Permittee", a person holding a permit;
(13) "Person", any individual, partnership, copartnership, firm,
company, public or private corporation, association, joint stock company,
trust, estate, political subdivision, or any agency, board, department, or
bureau of the state or federal government, or any other legal entity
whatever which is recognized by law as the subject of rights and duties;
(14) "Phase I reclamation", the filling and grading of all areas
disturbed in the conduct of surface coal mining operations, including the
replacement of top soil and initial seeding;
(15) "Phase I reclamation bond", a bond for performance filed by a
permittee pursuant to section 444.950 that may have no less than eighty
percent released upon the successful completion of phase I reclamation of a
permit area in accordance with the approved reclamation plan, with the rest
of the bond remaining in effect until phase III liability is released;
(16) "Prime farmland", land which historically has been used for
intensive agricultural purposes, and which meets the technical criteria
established by the commission on the basis of such factors as moisture
availability, temperature regime, chemical balance, permeability, surface
layer composition, susceptibility to flooding, and erosion characteristics;
(17) "Reclamation plan", a plan submitted by an applicant for a
permit which sets forth a plan for reclamation of the proposed surface coal
mining operations;
(18) "Surface coal mining and reclamation operations", surface coal
mining operations and all activities necessary and incident to the
reclamation of such operations;
(19) "Surface coal mining operations", or "affected land", or
"disturbed land":
(a) Activities conducted on the surface of lands in connection with a
surface coal mine or surface operations and surface impacts incident to an
underground coal mine. Such activities include excavation for the purpose
of obtaining coal including such common methods as contour, strip, auger,
mountaintop removal, box cut, open pit, and area mining, the uses of
explosives and blasting, and in situ distillation or retorting, leaching or
other chemical or physical processing, and the cleaning, concentrating, or
other processing or preparation, loading of coal at or near the mine site;
provided, however, that such activities do not include the extraction of
coal incidental to the extraction of other minerals where coal does not
exceed sixteen and two-thirds percentum of the tonnage of minerals removed
for purposes of commercial use or sale, or coal explorations subject to
section 444.845; and
(b) The areas upon which such activities occur or where such
activities disturb the natural land surface. Such areas shall also include
any adjacent land the use of which is incidental to any such activities,
all lands affected by the construction of new roads or the improvement or
use of existing roads to gain access to the site of such activities and for
haulage, and excavations, workings, impoundments, dams, ventilation shafts,
entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks,
culm banks, tailings, holes or depressions, repair areas, storage areas,
processing areas, shipping areas and other areas upon which are sited
structures, facilities, or other property or materials on the surface,
resulting from or incident to such activities;
(20) "This law" or "law", sections 444.800 to 444.970;
(21) "Unwarranted failure to comply", the failure of a permittee to
prevent the occurrence of any violation of the permit, reclamation plan,
law or rule and regulation, due to indifference, lack of diligence, or lack
of reasonable care, or the failure to abate any such violation due to
indifference, lack of diligence, or lack of reasonable care.
(L. 1979 H.B. 459, A.L. 1982 S.B. 737, A.L. 1987 H.B. 669, A.L. 1988
H.B. 1836, A.L. 1993 H.B. 312 & 257, A.L. 2014 S.B. 642)
1993
1993
444.805. As used in this law, unless the context clearly indicates
otherwise, the following words and terms mean:
(1) "Approximate original contour", that surface configuration achieved
by backfilling and grading of the mined area so that the reclaimed area,
including any terracing or access roads, closely resembles the general
surface configuration of the land prior to mining and blends into and
complements the drainage pattern of the surrounding terrain, with all
highwalls and spoil piles eliminated; water impoundments may be permitted
where the commission determines that they are in compliance with subdivision
(8) of subsection 2 of section 444.855;
(2) "Coal preparation area", that portion of the permitted area used for
the beneficiation of raw coal and structures related to the beneficiation
process such as the washer, tipple, crusher, slurry pond or ponds, gob pile
and all waste material directly connected with the cleaning, preparation and
shipping of coal, but does not include subsurface coal waste disposal areas;
(3) "Coal preparation area reclamation", the reclamation of the coal
preparation area by disposal or burial or both of coal waste according to the
approved reclamation plan, the replacement of topsoil, and initial seeding;
(4) "Commission", the land reclamation commission created by section
444.520;
(5) "Director", the director of the land reclamation commission;
(6) "Federal lands", any land, including mineral interests, owned by the
United States without regard to how the United States acquired ownership of
the land and without regard to the agency having responsibility for
management thereof, except Indian lands;
(7) "Federal lands program", a program established by the United States
Secretary of the Interior to regulate surface coal mining and reclamation
operations on federal lands;
(8) "Imminent danger to the health and safety of the public", the
existence of any condition or practice, or any violation of a permit or other
requirement of this law in a surface coal mining and reclamation operation,
which condition, practice, or violation could reasonably be expected to cause
substantial physical harm to persons outside the permit area before such
condition, practice, or violation can be abated. A reasonable expectation of
death or serious injury before abatement exists if a rational person,
subjected to the same conditions or practices giving rise to the peril, would
not expose himself or herself to the danger during the time necessary for
abatement;
(9) "Operator", any person engaged in coal mining;
(10) "Permit", a permit to conduct surface coal mining and reclamation
operations issued by the commission;
(11) "Permit area", the area of land indicated on the approved map
submitted by the operator with his application, which area of land shall be
covered by the operator's bond and shall be readily identifiable by
appropriate markers on the site;
(12) "Permittee", a person holding a permit;
(13) "Person", any individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate, political subdivision, or any agency, board, department, or bureau of
the state or federal government, or any other legal entity whatever which is
recognized by law as the subject of rights and duties;
(14) "Phase I reclamation", the filling and grading of all areas
disturbed in the conduct of surface coal mining operations, including the
replacement of top soil and initial seeding;
(15) "Phase I reclamation bond", a bond for performance filed by a
permittee pursuant to section 444.950 that may have no less than eighty
percent released upon the successful completion of phase I reclamation of a
permit area in accordance with the approved reclamation plan, with the rest
of the bond remaining in effect until phase III liability is released;
(16) "Prime farmland", land which historically has been used for
intensive agricultural purposes, and which meets the technical criteria
established by the commission on the basis of such factors as moisture
availability, temperature regime, chemical balance, permeability, surface
layer composition, susceptibility to flooding, and erosion characteristics;
(17) "Reclamation plan", a plan submitted by an applicant for a permit
which sets forth a plan for reclamation of the proposed surface coal mining
operations;
(18) "Surface coal mining and reclamation operations", surface coal
mining operations and all activities necessary and incident to the
reclamation of such operations;
(19) "Surface coal mining operations", or "affected land", or "disturbed
land":
(a) Activities conducted on the surface of lands in connection with a
surface coal mine or surface operations and surface impacts incident to an
underground coal mine. Such activities include excavation for the purpose of
obtaining coal including such common methods as contour, strip, auger,
mountaintop removal, box cut, open pit, and area mining, the uses of
explosives and blasting, and in situ distillation or retorting, leaching or
other chemical or physical processing, and the cleaning, concentrating, or
other processing or preparation, loading of coal at or near the mine site;
provided, however, that such activities do not include the extraction of coal
incidental to the extraction of other minerals where coal does not exceed
sixteen and two-thirds percentum of the tonnage of minerals removed for
purposes of commercial use or sale, or coal explorations subject to section
444.845; and
(b) The areas upon which such activities occur or where such activities
disturb the natural land surface. Such areas shall also include any adjacent
land the use of which is incidental to any such activities, all lands
affected by the construction of new roads or the improvement or use of
existing roads to gain access to the site of such activities and for haulage,
and excavations, workings, impoundments, dams, ventilation shafts, entryways,
refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks,
tailings, holes or depressions, repair areas, storage areas, processing
areas, shipping areas and other areas upon which are sited structures,
facilities, or other property or materials on the surface, resulting from or
incident to such activities;
(20) "This law" or "law", sections 444.800 to 444.970;
(21) "Unwarranted failure to comply", the failure of a permittee to
prevent the occurrence of any violation of the permit, reclamation plan, law
or rule and regulation, due to indifference, lack of diligence, or lack of
reasonable care, or the failure to abate any such violation due to
indifference, lack of diligence, or lack of reasonable care.
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