Mo. Rev. Stat. ch. 444 – Rights and Duties of Miners and Mine Owners | Midpage

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Revised Statutes of Missouri

Chapter 444

Mo. Rev. Stat. ch. 444

Rights and Duties of Miners and Mine Owners

444.010Mineral land owner to post conditions under which mining operations may be conducted thereon 444.020Failure to post statement of conditions, effect — rights of miners 444.030Tender of payment 444.040Notice to owner or lessee 444.050Ownership of ore 444.060Injunction or restraining order — how granted 444.070Mining extending to adjoining lands, how determined 444.080Order to be read 444.090Refusal to permit survey — penalty 444.100Provisions for mining coal in certain cities 444.110Notice of intention to mine — publication required 444.120Permit from mayor and council — petition to circuit court 444.130Court to authorize mining operations, when — period of time specified 444.140Form of bond required 444.150Written permission of owner required — violation — provisions for payment of fine 444.160Costs, paid by whom 444.170Diagram showing character and extent of mining operations to be filed in court — forfeiture for failure to comply 444.180Certain sections apply only to coal mining companies 444.350Citation of law 444.352Definitions 444.355Director, powers 444.358Permit required, when 444.360Application for permit, contents 444.362Closure plan, purposes, contents, review of 444.365Inspection — maintenance plan, purposes, contents, review of 444.368Financial assurance instrument required, form, amount — confidential information not to be released — duration, use, forfeiture — release of 444.370Processing fee, annual permit fee — metallic minerals waste management fund, created, uses 444.372Permits, final approval by director — denial of permit, procedures 444.375Inspections, investigations, director to perform — civil penalties authorized, procedures — emergency situations, powers of director 444.376Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition 444.377Hearings, procedures 444.378Violations, procedures to forfeit the financial assurance instrument, attorney general to assist, when 444.380Rules, authority, promulgation, procedure 444.400Mining compact — purpose, definitions — commission, budget, powers and programs — construction 444.410Members, interstate mining commission — appointment — compensation 444.500Citation of law 444.510Definitions 444.520Commission, membership, qualifications, terms, compensation, powers — department director, limitation on 444.530Powers of commission — rules, procedure 444.535Rules and regulations, commission shall make — variances, procedures, conditions — section not to apply, when 444.540Annual strip mining permit required, fee, renewal 444.550Application for permit, contents 444.560Reclamation plan required, contents 444.570Bond, amount — commission may waive 444.580Annual permit, how amended 444.590Successor operator, assumption of liability — first operator released, when 444.600Permit — investigation, decision, hearing, court review — appeals 444.610Reclamation and care requirements 444.620Time limits on reclamation practices 444.630Report, when required, contents 444.640Commission to investigate all reports — release from bond, when 444.650Application for release from bond — objection, effect of — appeal 444.660Additional time, granted when 444.670Commission may inspect and search — warrant, where obtained 444.680Injunction, when — violation, procedure — hearing 444.690Testimony at hearing, how recorded — available, when 444.700Judicial review, when — additional evidence authorized 444.710Injunction and forfeiture of bond, when — attorney general to act 444.720Rules and regulations, when effective — notice, hearing — variances authorized 444.730Mined land reclamation fund created — purpose 444.740Commission authorized to receive funds and services 444.750Recreational use of reclaimed lands encouraged 444.755Repeal of existing law not intended 444.760Short title 444.762Declaration of policy 444.765Definitions 444.766Exceptions to land reclamation act provisions 444.767Powers of commission — rules, procedure, review 444.768Fee, bond, or assessment structure, comprehensive review — proposal to be submitted, approval by commission — rulemaking requirements — late fee, when — court action, when 444.770Permit required, when — release of certain bonds — complaints, requirements 444.771Limitation on permits near an accredited school 444.772Permit — application, contents, fees — amendment, how made — successor operator, duties of — fees expire, when 444.773Director to investigate applications — decision to issue or deny — denial of permit, appeal, procedure — commission to issue decision 444.774Reclamation requirements and conditions 444.775Release of bond, conditions — petition, hearing — administrative review 444.777Entry upon lands and inspection by commission members — warrants to issue 444.778Bond — form — amount — duration — forfeiture — power of reclamation 444.782Attorney general to represent commission, when — hearings on bond forfeiture, notice 444.784Commission rules and regulations authorized — delegation of authority — forfeiture funds, where expended 444.786Operation without permit prohibited, penalty 444.787Investigation by commission, attorney general to file suit — formal complaint procedure 444.788Civil action 444.789Administrative procedure — inapplicability to public meetings 444.790Administrative penalties — not to be assessed for minor violation, definition — amount set by rule, limitation — payment when — appeal, effect — surcharge due when — unpaid penalty, collection — time limitation to assess violation — judicial appeal — civil action, effect, exception — habitual violator, defined 444.800Citation of law — legislative intent declared — rules and regulations authorized, procedure 444.805Definitions 444.810Powers of commission — abandoned mine reclamation fund created, purpose 444.815Permits required, kind, when to be obtained — term — effect of lack of operation — renewals — exemptions 444.820Permit fees — contents of application — confidential items — copy to be filed with recorder of deeds — insurance required 444.825Reclamation plan contents — confidential items 444.830Phase I reclamation bond to be filed, when — adjustment of amount of bond and terms, by commission, when 444.835Permit to be granted or application to be modified or denied — notification required — requirements to be met before permit to be issued — additional items to be filed with application — exemptions 444.840Revision of permit, procedure — transfer or assignment to have prior approval — commission may require permit revision — operator may be released from liability 444.845Coal exploration permit required — contents of application — bond required — confidential items — limitation on removal of coal — sections 444.800 to 444.940 applicable to coal exploration rules and regulations 444.850Publication of intent — notification to local governments — comments and objections may be filed, procedure — conferences, findings — hearings — appeals 444.855Performance standards to be met in surface mining operations — explosives — reclamation efforts 444.860Performance standards to be met in underground mining operations — rules and regulations 444.865Records and reports required — entry and inspection authorized — ownership information to be displayed — commission employees not to engage in mining, penalty — employees to file financial statements 444.870Penalties, administrative and criminal, procedure 444.875Release of all or part of performance bond, procedure — objections may be filed 444.880Actions to compel compliance, limitation — costs of litigation — actions for damages 444.885Cessation orders — suspension or revocation of permits — injunctive relief 444.890Commission to designate areas unsuitable for surface mining — review required — excepted lands — procedure 444.895Review of cessation orders and permit suspensions and revocations — procedure — temporary relief — hearings, conduct 444.900Judicial review 444.905Severability — rights retained — replacement of water — explosives regulations 444.915Abandoned mine reclamation fund — deposits and expenditures 444.920Abandoned mine reclamation fund, commission's duties and powers 444.925Entry upon property by commission staff, procedure — acquisition of land by commission — use and disposal of land — price — public hearings 444.930Liens for corrective measures — amount, filing, valuation — appeals, priority of liens 444.935Public health hazards — actions to abate, procedure 444.940Report on fund required — administration of fund, rules and regulations — authorized activities — water pollution treatment 444.950Phase I reclamation bond requirements — rules, procedure to adopt — rights and duties of mine owners 444.955Revegetation of mined land, responsibility transfer, approval required 444.960Fund, coal mine land reclamation, established, purpose, duties 444.965Assessment for fund, amount paid, when — additional assessment, determined how, when 444.970Penalty — delinquency or failure to comply with assessment or reclamation plan 444.980Appeal of permit decision, procedure