PURPOSE: This rule defines certain terms used for surface mining of minerals under 10 CSR 40-10 and in keeping with section 444.765, RSMo.

1. (1) Administrative penalty. The monetary fine assessed by the commission.
2. (2) Affected land. The pit area or area from which overburden has been removed or upon which overburden has been deposited after September 28, 1971. When mining is conducted underground, affected land means any excavation or removal of overburden required to create access to mine openings, except that areas of disturbance encompassed by the actual underground openings for air shafts, portals, adits and haul roads in addition to disturbances within fifty feet (50') of any openings for haul roads, portals or adits shall not be considered affected land. Sites which exceed the excluded areas by more than one
3. (1) acre for underground mining operations shall obtain a permit for the total extent of affected lands with no exclusions as required under sections 444.760-444.790, RSMo.
4. (3) Amended permit. Involves adding an area to an existing permit area where the area added is already included in an approved long-term operation and reclamation plan. An amended permit does not require a public notice.
5. (4) Applicable law. That which an operator is required to adhere to with regard to any environmental law or regulation that the Missouri Department of Natural Resources administers.
6. (5) Commission. The Land Reclamation Commission in the Department of Natural Resources.
7. (6) Conference, conciliation and persuasion (CC&P). The administrative means employed by the director or his/her representative to resolve or prevent an alleged violation of the law, rules, permit or conditions of the bond, including, but not limited to, informal conversations, telephone conversations and letters issued by the director.
8. (7) Consolidated material. Any naturally formed aggregate or mass of mineral matter which is firm and coherent and that cannot be excavated by normal construction equipment. Material requires blasting to be excavated.
9. (8) Director. The staff director of the Land Reclamation Commission.
10. (9) Fill dirt. Material excavated for use as construction fill which does not have a distinctive physical property matching one of the minerals listed under 10 CSR 40-10.010(1) and which will not be refined into one of those minerals. Backfill material for use in completing reclamation is not included in this definition.
11. (10) Flood plain. Geographic areas susceptible to periodic inundation from overflow of natural waterways.

12. (11) Habitual violator. A person, permittee or operator that has established a pattern of violations of any requirements of the Land Reclamation Act, its corresponding regulations or the permit is defined here as any person or permittee who has—

    1. (A) Three (3) similar violations in any six

13. (6) or less inspections;

    1. (B) Five (5) violations in any ten (10) or fewer inspections; or
    2. (C) Three (3) or more violations in three
14. (3) consecutive inspections. 10 CSR 40-10
15. (12) Industrial uses. An area reclaimed for industrial purposes that is properly stabilized from erosion by means other than vegetation.
16. (13) In-stream sand and gravel operator. An operator whose entire extraction operation occurs on areas between the defined river or creek banks that are covered by water or are saturated by water throughout the entire year.
17. (14) Lateral support. Undisturbed material left in place, with unconsolidated material left in place at no more than a forty degree (40°) grade, to prevent sloughing of the adjacent right-of-way of a public road, street or highway.
18. (15) Mine expansion. Involves expansions to the area beyond the area described in an existing operation and reclamation plan. With the exception of a permit fee, a mine expansion requires an application equal to a new permit. An expansion may be requested at any time during the term of an existing permit and requires the filing of a new public notice.
19. (16) Mineral or industrial mineral. A constituent of the earth in a solid state which, when extracted from the earth, is usable in its natural form or is capable of conversion into a usable form as a chemical, an energy source or raw material for manufacturing or construction material. For the purposes of this section, this definition also includes barite, tar sands shale, sand, sandstone, limestone, granite, clay, traprock and oil shales, but does not include iron, lead, zinc, gold, silver, coal, surface or subsurface water, fill dirt, natural oil or gas, together with other chemicals recovered.
20. (17) New permit. Permits issued for the first time where a new permit number is assigned. All requirements of 10 CSR 40-10.020 apply.
21. (18) Notice of violation. The document that is sent by the director to the operator describing the nature of a violation(s) of any law, rule, permit or condition of the bond, the corrective measures to be taken to abate the violation(s) and a time period for abatement of the violation(s). This definition shall include the notice itself, any modification, termination or vacation of the notice of violation itself by subsequent actions taken by the director or the commission.
22. (19) Operator. Any person, firm or corporation engaged in and controlling a surface mining operation.
23. (20) Overburden. All of the earth and other materials which lie above natural deposits of minerals and also means the earth and other materials disturbed from their natural state in the process of surface mining. This definition does not include the mineral that is being mined at the surface mining operation.
24. (21) Peak. A projecting point of overburden created in the surface mining process.
25. (22) Permit period. The length of time for which the permit is issued, a one (1)-year period.
26. (23) Pit. The place where minerals are being or have been extracted by surface mining.
27. (24) Refuse. All waste material directly connected with the cleaning and preparation of substance mined by surface mining.
28. (25) Renewed permit. Involves only extending the term of an existing permit by another year.
29. (26) Revised operations. Involves the substantial revision of the mining methods of an existing operation and reclamation plan. This revision does not involve the addition of new areas to the permit. A revision is substantial if the changes clearly exceed the scope of activity authorized by the permit in effect at the time or measurably increases the potential affects on public health, safety and livelihood.
30. (27) Ridge. A lengthened elevation of overburden created in the surface mining process.
31. (28) Site or mining site. Any location or group of associated locations where minerals are being surface mined by the same operator.
32. (29) Surety bond. A joint undertaking by the permittee as principal and the surety where the surety is obligated to pay Missouri the face amount of the bond should the reclamation not be completed by the permittee.
33. (30) Surface mining. The mining of minerals for commercial purposes by removing the overburden lying above natural deposits of the minerals, and mining directly from the natural deposits exposed and shall include mining of exposed natural deposits of these minerals over which no overburden lies and, after August 28, 1990, the surface effects of underground mining operators for these minerals.
34. (31) Unconsolidated material. Material which can be removed and handled by normal construction equipment without blasting.

35. (32) Violation.

    1. (A) Major Violation. The violation poses a high likelihood of pollution, creation of health or safety hazard or public nuisance; or the actions have or may have a substantial adverse effect on the purposes of or procedures for implementing the Land Reclamation Act and its corresponding regulations or a combination of these.
    2. (B) Minor Violation. The violation poses a low likelihood of pollution, creation of health or safety hazard or public nuisance; or the actions have or may have a low adverse effect on the purposes of or procedures for implementing the Land Reclamation Act and its corresponding regulations or it has a minor potential for harm and a minor deviation from the requirements of the law and regulations or a combination of these.

AUTHORITY: sections 444.767, 444.772 and 444.784, RSMo Supp. 2004.* Original rule filed Aug. 2, 1991, effective Feb. 6, 1992. Amended: Filed Jan. 2, 1992, effective Aug. 6, 1992. Amended: Filed June 1, 1994, effective Nov. 30, 1994. Amended: Filed April 1, 2004, effective May 30, 2005.

*Original authority: 444.767, RSMo 1990, amended 1990, 1993, 2001; 444.772, RSMo 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.