Effective 28 Aug 2014

444.805. Definitions. — As used in this law, unless the context clearly indicates otherwise, the following words and terms mean:

(1) "Approximate original contour", that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the commission determines that they are in compliance with subdivision (8) of subsection 2 of section 444.855;

(2) "Coal preparation area", that portion of the permitted area used for the beneficiation of raw coal and structures related to the beneficiation process such as the washer, tipple, crusher, slurry pond or ponds, gob pile and all waste material directly connected with the cleaning, preparation and shipping of coal, but does not include subsurface coal waste disposal areas;

(3) "Coal preparation area reclamation", the reclamation of the coal preparation area by disposal or burial or both of coal waste according to the approved reclamation plan, the replacement of topsoil, and initial seeding;

(4) "Commission", the Missouri mining commission created by section 444.520;

(5) "Director", the staff director of the Missouri mining commission;

(6) "Federal lands", any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian lands;

(7) "Federal lands program", a program established by the United States Secretary of the Interior to regulate surface coal mining and reclamation operations on federal lands;

(8) "Imminent danger to the health and safety of the public", the existence of any condition or practice, or any violation of a permit or other requirement of this law in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement;

(9) "Operator", any person engaged in coal mining;

(10) "Permit", a permit to conduct surface coal mining and reclamation operations issued by the commission;

(11) "Permit area", the area of land indicated on the approved map submitted by the operator with his application, which area of land shall be covered by the operator's bond and shall be readily identifiable by appropriate markers on the site;

(12) "Permittee", a person holding a permit;

(13) "Person", any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties;

(14) "Phase I reclamation", the filling and grading of all areas disturbed in the conduct of surface coal mining operations, including the replacement of top soil and initial seeding;

(15) "Phase I reclamation bond", a bond for performance filed by a permittee pursuant to section 444.950 that may have no less than eighty percent released upon the successful completion of phase I reclamation of a permit area in accordance with the approved reclamation plan, with the rest of the bond remaining in effect until phase III liability is released;

(16) "Prime farmland", land which historically has been used for intensive agricultural purposes, and which meets the technical criteria established by the commission on the basis of such factors as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding, and erosion characteristics;

(17) "Reclamation plan", a plan submitted by an applicant for a permit which sets forth a plan for reclamation of the proposed surface coal mining operations;

(18) "Surface coal mining and reclamation operations", surface coal mining operations and all activities necessary and incident to the reclamation of such operations;

(19) "Surface coal mining operations", or "affected land", or "disturbed land":

(a) Activities conducted on the surface of lands in connection with a surface coal mine or surface operations and surface impacts incident to an underground coal mine. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal at or near the mine site; provided, however, that such activities do not include the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percentum of the tonnage of minerals removed for purposes of commercial use or sale, or coal explorations subject to section 444.845; and

(b) The areas upon which such activities occur or where such activities disturb the natural land surface. Such areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities;

(20) "This law" or "law", sections 444.800 to 444.970;

(21) "Unwarranted failure to comply", the failure of a permittee to prevent the occurrence of any violation of the permit, reclamation plan, law or rule and regulation, due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any such violation due to indifference, lack of diligence, or lack of reasonable care.

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(L. 1979 H.B. 459, A.L. 1982 S.B. 737, A.L. 1987 H.B. 669, A.L. 1988 H.B. 1836, A.L. 1993 H.B. 312 & 257, A.L. 2014 S.B. 642)