Chapter 10 - Coal Mining and Reclamation

Chapter 10 - Coal Mining and Reclamation

Section 1 - Legislative finding.
Section 2 - Purpose.
Section 3 - Definitions.
Section 5 - Activities exempted from chapter.
Section 6 - Powers, functions, and duties of board and division.
Section 6.5 - Rulemaking authority and procedure.
Section 6.7 - Administrative procedures.
Section 7 - Financial interest in mining operation prohibited -- Penalty -- Enforcement -- Quorum for board hearings.
Section 8 - Exploration rules issued by division -- Contents -- Confidential information not to be publicly available -- Penalty for violation -- Division approval required for removal of excess coal.
Section 9 - Permit required for surface coal mining operations -- Exemptions -- Expiration of permit -- Maximum time for commencement of mining operations -- Renewal of permit.
Section 10 - Permit application fee -- Submission of application and reclamation plan -- Determinations, tests, and samplings -- Filing of application -- Insurance required -- Blasting plan.
Section 11 - Division action on permit application -- Requirements for approval -- List of applicant's mining law violation -- Restoration of prime farmland.
Section 12 - Revised permit and reclamation plan -- Application -- Transfer, assignment, or sale of rights -- Revision or modification of permit provisions.
Section 13 - Advertisement of ownership, location, and boundaries -- Notice to interested agencies or bodies -- Objections -- Conference.
Section 14 - Division's findings issued to applicant and parties to conference -- Notice to applicant of approval or disapproval of application -- Hearing -- Temporary relief -- Appeal to district court -- Further review.
Section 15 - Performance bond -- Duration of liability under bond -- Cash deposit or securities in lieu of bond -- Surety -- Adjustment of amount.
Section 16 - Release of performance bond, surety, or deposit -- Inspection and evaluation of reclamation work -- Action on application for release of bond -- Objections -- Formal hearing or informal conference.
Section 17 - Performance standards for all coal mining and reclamation operations -- Additional standards for steep-slope surface coal mining -- Variances.
Section 18 - Underground coal mining -- Rules regarding surface effects -- Operator requirements -- Repair or compensation for damage -- Replacement of water.
Section 18.1 - Suspension of underground mining upon finding of immediate danger to inhabitants at surface.
Section 18.2 - Applicability of other chapter provisions.
Section 19 - Information provided by permittees to division -- Inspections by division -- Signs required at operations entrances -- Violations reported by reclamation officers -- Copies of records and reports available to public.
Section 20 - Civil penalty for violation of chapter -- Informal conference -- Public hearing -- Contest of violation or amount of penalty -- Collection -- Criminal penalties -- Civil penalty for failure to correct violation.
Section 21 - Civil action to compel compliance with chapter -- Jurisdiction -- Venue -- Division and board as parties -- Court costs -- Security when temporary restraining order or injunction sought -- Other rights not affected -- Action for damages.
Section 22 - Violation of chapter or permit conditions -- Inspection -- Cessation order, abatement notice, or show cause order -- Suspension or revocation of permit -- Review -- Costs assessed against either party.
Section 23 - Time for bringing criminal proceeding.
Section 24 - Determination of unsuitability of lands for surface coal mining -- Petition -- Public hearing -- Detailed statement by division.
Section 25 - Abandoned mine reclamation program -- Expenditure priorities -- Eligible lands and water -- Requirements for use of funds for reclamation or drainage abatement -- Priority sites -- Effect of release of bond or deposit.
Section 25.1 - Abandoned Mine Reclamation Fund created -- Contents -- Use of money.
Section 25.2 - Liability limitation for abandoned mine reclamation.
Section 26 - State reclamation plan and annual projects submitted to Secretary of Interior -- Contents of plan -- Annual support and implementation requests -- Costs for proposed projects.
Section 27 - Entry upon land adversely affected by past coal mining practices -- Conducting of studies or exploratory work -- State acquisition of land -- Lien -- Waste disposal fund -- Water pollution control and treatment plants.
Section 28 - Recovery of reclamation costs -- Lien against reclaimed land.
Section 28.1 - Certification of completion of coal reclamation.
Section 29 - Other enforcement and protection rights unaffected -- Operator to replace adversely affected water supply of legitimate users.
Section 30 - Judicial review of rules or orders.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.

Bookish