Permit Applications—

General PURPOSE: This rule describes procedures for obtaining a Metallic Minerals Waste Management Permit and steps taken to implement sections 444.352–444.380, RSMo Supp. 1989. It qualifies portions of the law and the relationship with other environmental programs. (1) All persons who operate or desire to operate a metallic minerals waste management area shall apply to the director for a permit required by section 444.358, RSMo Supp. 1989. Each permit shall consist of a closure plan and an inspection-maintenance plan consistent with sections 444.362 and 444.365, RSMo Supp. 1989 and other terms and conditions as may be necessary to implement those plans. (2) The minimum contents of the application are listed in section 444.360, RSMo Supp. 1989. To support implementation of the statute— (A) Application documents should be submitted in triplicate to the Land Reclamation Program, P.O. Box 176, Jefferson City, MO 65102; (B) All applications shall be submitted under a cover letter signed by the operator. The letter shall contain the following certification statement: “(name of operator) certifies that the information contained in this application, to the best of its knowledge and belief, is true, complete and accurate, and if granted this permit, agrees to abide by the Metallic Minerals Waste Management Act and all rules, orders and decisions issued under the Act’s authority subject to any legitimate appeal available to it”; (C) The legal description required by section 444.360, RSMo Supp. 1989 need only contain the sections impacted by the waste management area and the appropriate township and range. A survey of the metallic minerals waste management boundary is not required; (D) The person who holds fee title to the property will be considered the owner of the surface of the waste management area; (E) The operator of a waste management area, who is not the owner, must provide a statement of the legal right to operate on the waste management area. This statement is to be submitted to the owner and must certify that a copy of the plan has been provided to the owner. The word plan, as used in sections 444.352–444.380, RSMo Supp. 1989 refers to both the closure and inspection-maintenance plans. A copy of a letter sent by the applicant to the fee title holder certifying the plans to the owner needs to be a part of the application; (F) The application or transmittal letter covering the application shall contain the following clause: “(name of operator) hereby grants to the director of the Department of Natural Resources or his/her authorized representatives the right of entry and travel upon its lands and operations at all normal working times for the purpose of making necessary field inspections during the operation of the area and during the closure and inspectionmaintenance periods”; (G) The maps required by section 444.360(8), RSMo Supp. 1989 may be submitted as one (1) map or as separate maps. If separate maps are submitted, they should be drawn to the same scale and preferably on a drafting material capable of overlaying; (H) Maps identifying the waste management area should illustrate the existing and projected boundaries of the waste management area; (I) The contiguous properties referred to in section 444.360(8)(c), RSMo Supp. 1989 should include, but not be limited to, items such as underground mine networks, air shafts, mills, clear water ponds and surface structures; (J) Geologic features that could relate to surface water and groundwater quality or dam stability should be included on maps. These should include, but are not limited to, features such as karst areas, caves, springs, unconsolidated geologic materials, faults and other bedrock formations; (K) The water well information supplied should include all known or suspected residential water supplies and underground injection wells. Any available information about well and casing depths or aquifers should be included and updated every five (5) years with the required closure plan review; and (L) A geological cross-section of the area under the waste management area should be submitted and include well depths, aquifers, standing water in wells, unconsolidated geologic material, bedrock formations and significant information regarding the quality of groundwater. This cross-section should be at the same horizontal scale as the map required in section 444.360(8), RSMo. The vertical scale shall be clearly labeled. (3) Application review, permit issuance or permit denial will be conducted with the understanding that— (A) The permit will be issued to the operator of the facility; (B) The operator shall submit the permit application and processing fee as specified in sections 444.370 and 444.372, RSMo Supp. 1989; (C) The director is required by section 444.355.1, RSMo Supp. 1989 to ensure the coordination of existing environmental programs as a part of processing the permit. To accomplish this the director will use department staff to— 1. Review all environmental permits held by the applicant including, but not limited to, National Pollutant Discharge Elimination System (NPDES) permits; dam safety construction, registration and safety permits; air pollution control permits; solid waste management permits; hazardous waste management permits; and underground injection control (UIC) regulations; 2. Determine if the existing programs are adequate to achieve the objective of the closure and inspection-maintenance plans; and 3. Take action as authorized by section 444.372, RSMo Supp. 1989 to resolve any unsatisfactory issue; (D) The director or designated department staff shall conduct an initial review of each application per section 444.372, RSMo Supp. 1989. This review will include or result in: 1. A check of the completeness of the application as compared to section 444.360, RSMo Supp. 1989 and 10 CSR 45-6; 2. An initial evaluation of proposed final uses of the waste management area, financial assurance instruments, the closure and inspection-maintenance plans; and 3. A submittal to the applicant of the initial review findings; (E) The applicant’s response to the initial review findings referred to in paragraph (3)(D)3. will initiate a more detailed and sitespecific evaluation of the application. To the extent allowed by section 444.380, RSMo Supp. 1989, this detail evaluation may require— 1. Orders of rulemaking necessary to implement or interpret the statute; 2. Field investigations to determine compliance and evaluate proposed management plan details; 3. Communications with other state and federal agencies necessary to implement subsection (3)(C) of this rule; and 4. Meetings with the operator to discuss and promote approvable management methods; and (F) A completed application, referenced in section 444.372, RSMo Supp. 1989 will contain supplemental or corrected information requested during the review process described in section (3) of this rule. (4) Permit Issuance, Conditions and Revisions. (A) Section 444.372, RSMo Supp. 1989 requires issuance or denial of the Metallic Minerals Waste Management Permit within ninety (90) days of receipt of the completed application. (B) Sections 444.362 and 444.365, RSMo Supp. 1989 require the operator to submit closure and inspection-maintenance plans and conduct a periodic plan review, along with the director, every five (5) years. Sections 444.362 and 444.365, RSMo Supp. 1989, 10 CSR 45-6.020 and 10 CSR 45-8 will be used as guidelines for the review process. (C) Section 444.368, RSMo Supp. 1989 requires the operator to secure an approvable financial assurance instrument. Acceptable forms of financial assurance are listed in the referenced statute. The amount of financial assurance required by section 444.368.2, RSMo Supp. 1989 will be based upon the acreage within the metallic minerals waste management area boundary. Section 444.368, RSMo Supp. 1989 and 10 CSR 45-6.030 will be used as guidelines for review and approval of financial assurance instruments. (D) Consistent with the purposes of the approved closure plan set forth by section 444.362, RSMo Supp. 1989, the Metallic Minerals Waste Management Permit shall remain in effect until— 1. Coordination with other applicable environmental permits is unnecessary; and 2. There is evidence through the inspection-maintenance plan that ensures the continued integrity of any waste management structures and the achievement of final designated uses. (E) After notice to the permittee and a hearing, if required, the permit may be modified as necessary. (5) Enforcement. The director is authorized by section 444.375, RSMo Supp. 1989 to investigate noncompliance with the waste management permit. Authorized enforcement actions are outlined in sections 444.352– 444.380, RSMo Supp. 1989. AUTHORITY: section 444.380, RSMo Supp. 1999.* Original rule filed Oct. 2, 1990, effective April 29, 1991. Amended: Filed Jan. 19, 2000, effective Sept. 30, 2000. *Original authority: 444.380, RSMo 1989, amended 1993, 1995.