Reclamation—General Requirements

PURPOSE: This rule sets forth requirements for abandoned mine reclamation done with moneys from the abandoned mine reclamation fund pursuant to sections 444.810, 444.915, 444.920, 444.935 and 444.940, RSMo. (1) Land and water are eligible for reclamation activities if— (A) They were mined for coal or affected by coal mining processes before August 3, 1977; (B) They were inadequately reclaimed; (C) There is no continuing responsibility for reclamation by the operator, permittee or agent of the permittee under statutes of the state or federal government, or the state as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the fund will be sought under 30 CFR 886 and 30 CFR 888; (D) Notwithstanding subsections (1)(A)– (C) of this rule, coal lands and waters damaged and abandoned after August 3, 1977, by coal mining processes are also eligible for reclamation activities if— 1. They were mined for coal or affected by coal mining processes; and 2. The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977 and ending on or before November 21, 1980, and that funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or 3. The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition during the period beginning on August 4, 1977 and ending on or before November 5, 1990, and that the surety of such mining operator became insolvent during such period, and as of November 5, 1990, funds immediately available from proceedings relating to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site; and 4. The commission finds in writing that the site meets the eligibility requirements of this section and the priority objectives stated in subsections (4)(A) and (B) of this rule and that the reclamation priority of the site is the same or more urgent than the reclamation priority for other lands and waters eligible pursuant to this section. Priority will be given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a community; (E) Monies available from sources outside the fund or which are ultimately recovered from responsible parties involving lands eligible pursuant to subsection (1)(D) of this rule, are to be used to offset the cost of the reclamation or transferred to the fund if not needed for further reclamation activities at the permitted site; and (F) If reclamation of a site covered by an interim or permanent program permit is carried out under the state reclamation program, the permittee of the site shall reimburse the abandoned mine land reclamation fund for the cost of the reclamation that is in excess of any bond forfeited to ensure reclamation. In performing reclamation under subsection (1)(D) of this rule, the commission shall not be held liable for any violations of any performance standards or reclamation requirements specified in Chapter 444, RSMo 1994 nor shall a reclamation activity undertaken on such lands or waters be held to any standards set forth in Chapter 444, RSMo 1994. (2) Land and water which were mined or affected by mining for minerals and materials other than coal shall be eligible for reclamation activities with federal funds under the state reclamation program when requested by the governor to the director of the office and the director of the office has found in writing that— (A) The conditions of section (1) of this rule have been met; (B) The reclamation has been requested by the governor; (C) All reclamation with respect to abandoned coal mine land and water has been accomplished within the state or the reclamation is necessary for the protection of public health and safety; and (D) Moneys allocated to the state for the state reclamation program by the federal government are available for the work. (3) Left or abandoned in either an unreclaimed or inadequately reclaimed condition means lands and water— (A) Which meet the conditions of section (1) or (2) of this rule; and (B) Which continue, in their present condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public. AUTHORITY: section 444.810, RSMo 2016.* Original rule filed June 11, 1981, effective Oct. 13, 1981. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed March 21, 2000, effective Oct. 30, 2000. Amended: Filed March 26, 2018, effective Nov. 30, 2018. *Original authority: 444.810, RSMo 1979, amended 1983, 1993, 1995.