Definitions

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) Administrative penalty. The monetary fine assessed by the commission. (2) 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. (3) 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. (4) 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. (5) 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. (6) Flood plain. Geographic areas susceptible to periodic inundation from overflow of natural waterways. (7) 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— (A) Three (3) similar violations in any six (6) or less inspections; (B) Five (5) violations in any ten (10) or fewer inspections; or (C) Three (3) or more violations in three (3) consecutive inspections. (8) Industrial uses. An area reclaimed for industrial purposes that is properly stabilized from erosion by means other than vegetation. (9) 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. (10) 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 rightof-way of a public road, street, or highway. (11) 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. (12) 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. (13) New permit. Permits issued for the first time where a new permit number is assigned. All requirements of 10 CSR 4010.020 apply. (14) 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. (15) Overburden. This definition does not include the mineral that is being mined at the surface mining operation. (16) Permit period. The length of time for which the permit is issued, a one (1)-year period. (17) Renewed permit. Involves only extending the term of an existing permit by another year. (18) 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. (19) 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. (20) Unconsolidated material. Material which can be removed and handled by normal construction equipment without blasting. (21) Violation. (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. (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 2016.* 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. Amended: Filed March 26, 2018, effective Nov. 30, 2018. *Original authority: 444.767, RSMo 1971, amended 1990, 1993, 2001; 444.772, RSMo 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.