PURPOSE: This rule amendment follows the review
conducted pursuant to Executive Order 17-03. The amendment proposes to remove
language that repeats statute or is obsolete.
(1) Administrative penalty. The monetary fine
assessed by the commission.
(3)
(2) Amended permit.
Involves adding an area to an existing permit area where the area added is
already included in an approved long-term operation and reclamation plan. An
amended permit does not require a public notice.
(4)
(3) Applicable law.
That which an operator is required to adhere to with regard to any
environmental law or regulation that the Missouri Department of Natural
Resources administers.
(5) Commission. The Land
Reclamation Commission in the Department of Natural Resources.
(6)
(4) Conference, conciliation, and persuasion
(CC&P). The administrative means employed by the director or his/her
representative to resolve or prevent an alleged violation of the law, rules,
permit, or conditions of the bond, including, but not limited to, informal
conversations, telephone conversations, and letters issued by the
director.
(7)
(5) Consolidated material. Any naturally formed
aggregate or mass of mineral matter which is firm and coherent and that cannot
be excavated by normal construction equipment. Material requires blasting to be
excavated.
(8) Director. The staff director
of the Land Reclamation Commission.
(9) Fill dirt. Material excavated
for use as construction fill which does not have a distinctive physical
property matching one of the minerals listed under
10
CSR 40-10.010(1) and which will not
be refined into one of those minerals. Backfill material for use in completing
reclamation is not included in this definition.
(10)
(6)
Flood plain. Geographic areas susceptible to periodic inundation from overflow
of natural waterways.
(11)
(7) Habitual
violator. A person, permittee, or operator that has established a pattern of
violations of any requirements of the Land Reclamation Act, its corresponding
regulations, or the permit is defined here as any person or permittee who has-
(A) Three (3) similar violations in any six
(6) or less inspections;
(B) Five
(5) violations in any ten (10) or fewer inspections; or
(C) Three (3) or more violations in three (3)
consecutive inspections.
(12)
(8) Industrial uses.
An area reclaimed for industrial purposes that is properly stabilized from
erosion by means other than vegetation.
(13)
(9) In-stream sand
and gravel operator. An operator whose entire extraction operation occurs on
areas between the defined river or creek banks that are covered by water or are
saturated by water throughout the entire year.
(14)
(10) Lateral support.
Undisturbed material left in place, with unconsolidated material left in place
at no more than a forty degree (40°) grade, to prevent sloughing of the
adjacent right-of-way of a public road, street, or highway.
(15)
(11)
Mine expansion. Involves expansions to the area beyond the area described in an
existing operation and reclamation plan. With the exception of a permit fee, a
mine expansion requires an application equal to a new permit. An expansion may
be requested at any time during the term of an existing permit and requires the
filing of a new public notice.
(16)
(12) Mineral or
industrial mineral. A constituent of the earth in a solid state which, when
extracted from the earth, is usable in its natural form or is capable of
conversion into a usable form as a chemical, an energy source or raw material
for manufacturing, or construction material. For the purposes of this section,
this definition also includes barite, tar sands shale, sand, sandstone,
limestone, granite, clay, traprock, and oil shales, but does not include iron,
lead, zinc, gold, silver, coal, surface or subsurface water, fill dirt, natural
oil, or gas, together with other chemicals recovered.
(17)
(13)
New permit. Permits issued for the first time where a new permit number is
assigned. All requirements of
10 CSR
40-10.020 apply.
(18)
(14) Notice of
violation. The document that is sent by the director to the operator describing
the nature of a violation(s) of any law, rule, permit, or condition of the
bond, the corrective measures to be taken to abate the violation(s), and a time
period for abatement of the violation(s). This definition shall include the
notice itself, any modification, termination or vacation of the notice of
violation itself by subsequent actions taken by the director or the commission.
(19) Operator. Any person, firm or
corporation engaged in and controlling a surface mining
operation.
(20)
(15) Overburden. This
definition does not include the mineral that is being mined at the surface
mining operation.
(21) Peak. A projecting point of
overburden created in the surface mining process.
(22)
(16)
Permit period. The length of time for which the permit is issued, a one
(1)-year period.
(23) Pit. The place where minerals
are being or have been extracted by surface mining.
(24) Refuse. All waste material
directly connected with the cleaning and preparation of substance mined by
surface mining.
(25)
(17) Renewed permit.
Involves only extending the term of an existing permit by another
year.
(26)
(18) Revised operations. Involves the substantial
revision of the mining methods of an existing operation and reclamation plan.
This revision does not involve the addition of new areas to the permit. A
revision is substantial if the changes clearly exceed the scope of activity
authorized by the permit in effect at the time or measurably increases the
potential affects on public health, safety, and livelihood.
(27) Ridge. A lengthened elevation
of overburden created in the surface mining process.
(28) Site or mining site. Any
location or group of associated locations where minerals are being surface
mined by the same operator.
(29)
(19) Surety bond. A
joint undertaking by the permittee as principal and the surety where the surety
is obligated to pay Missouri the face amount of the bond should the reclamation
not be completed by the permittee.
(30) Surface mining. The mining of
minerals for commercial purposes by removing the overburden lying above natural
deposits of the minerals, and mining directly from the natural deposits exposed
and shall include mining of exposed natural deposits of these minerals over
which no overburden lies and, after August 28, 1990, the surface effects of
underground mining operators for these minerals.
(31)
(20)
Unconsolidated material. Material which can be removed and handled by normal
construction equipment without blasting.
(32)
(21) Violation.
(A)
Major Violation. The violation poses a high likelihood of pollution, creation
of health or safety hazard or public nuisance; or the actions have or may have
a substantial adverse effect on the purposes of or procedures for implementing
the Land Reclamation Act and its corresponding regulations or a combination of
these.
(B) Minor Violation. The
violation poses a low likelihood of pollution, creation of health or safety
hazard or public nuisance; or the actions have or may have a low adverse effect
on the purposes of or procedures for implementing the Land Reclamation Act and
its corresponding regulations or it has a minor potential for harm and a minor
deviation from the requirements of the law and regulations or a combination of
these.
