Form and Administration of the Coal Mine Land Reclamation Fund

PURPOSE: This rule sets forth requirements for administration of the Coal Mine Land Reclamation Fund pursuant to sections 444.960, 444.965 and 444.970, RSMo. (1) Expenditure of Reclamation Fund Monies. (A) After revocation of a permit and forfeiture of the associated bonds, Reclamation Fund monies shall be used by the director to complete reclamation pursuant to the approved reclamation plan and shall be used for administrative costs to the commission resulting directly from activities necessary to complete reclamation. All monies assessed for the Coal Mine Land Reclamation Fund after September 1, 1988, are allocated so that forty percent (40%) of the assessments are applied to the reclamation of those permits that have been revoked by the commission prior to September 1, 1988, and sixty percent (60%) of the assessments are applied to the reclamation of those permits that have been revoked by the commission after September 1, 1988. All monies within the Coal Mine Land Reclamation Fund as of September 1, 1988, are allocated to forfeitures which occurred before September 1, 1988. The monies within the fund may be utilized by the director on any phase of reclamation. (B) Proceeds from any collectable performance bonds shall be expended or committed to specific aspects of reclamation to which the bonds apply before Reclamation Fund monies are employed to complete those aspects of reclamation, except that— 1. Reclamation Fund monies may be expended by the director before proceeds from bonds are expended or committed when the expenditure will result in a net savings to the Reclamation Fund; and 2. Reclamation Fund monies shall be expended by the director before proceeds from bonds are expended or committed when expeditious work is necessary to comply with the laws, regulations, conditions of the permit or reclamation plan. This work may include, but shall not be limited to, treatment of acid mine drainage, erosion control and maintenance of water control structures. (C) No Reclamation Fund monies may be used to correct disturbances that were caused by a person who did not have a duly approved permanent program permit. (2) Reimbursement of the Reclamation Fund. (A) If a permittee fails to complete a reclamation plan and the completion must be made by or on behalf of the commission, the permittee or any principal of the permittee or any entity in which a principal of the permittee is a principal or any entity controlled by or under common control with the permittee shall not operate a coal mining operation in Missouri until the costs of the completion have been fully paid by the permittee to the Reclamation Fund. (B) The amount to be repaid to the Reclamation Fund shall include the interest that the state treasurer could have earned on the monies expended if the expenditure had not been made. (C) The commission shall pursue all legal remedies available to it to recover monies expended from the Reclamation Fund from the responsible permittee, except where the commission in its sole judgment determines that the cost of pursuing the legal remedies will be greater than the sums expected to be recovered. The cost of pursuing the legal remedies shall be charged to the Reclamation Fund. AUTHORITY: section 444.810, RSMo 2000.* Original rule filed Dec. 9, 1982, effective April 11, 1983. Emergency amendment filed June 27, 1986, effective July 7, 1986, expired Nov. 4, 1986. Amended: Filed June 27, 1986, effective Oct. 27, 1986. Rescinded and readopted: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Emergency amendment filed Dec. 21, 2005, effective Jan. 1, 2006, expired June 29, 2006. Amended: Filed Dec. 1, 2005, effective July 30, 2006. *Original authority: 444.810, RSMo 1979, amended 1983, 1993.