HCS HB 239 -- SURFACE MINING

SPONSOR:  Relford (Smith)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Conservation, State Parks and Mining by a vote of 15 to 0.

This substitute makes numerous changes to surface mining law.

PERMIT FEES

Current law establishes annual fees for most surface mining
permits at $350 plus $40 for each individual site mined during
the year.  There is also a fee of $35 per acre when a permit
application is originally filed.  The Land Reclamation
Commission may increase the basic annual fee to $500.  Gravel
mine operators removing less than 5,000 tons per year pay $100
plus $35 per acre annually.  The substitute allows the
commission to establish fees that recover costs of
administration and enforcement, with a basic annual fee cap of
$600 and additional annual fees of no more than $10 per acre and
$300 per site.  The fee for each acre over 100 is reduced by
50%, and the site fee is reduced by 50% if mining occurs for
less than 6 months of the year.  Total annual fees for each
permit are capped at $2,500.  Gravel mine operators removing
less than 5,000 tons per year pay $300 annually.  All fees
expire on December 31, 2007.

PUBLIC NOTICE REQUIREMENTS

Under current law, applicants for surface mining permits are
required to publish a notice in a newspaper of general
circulation in the local area, interested parties may submit
written comments to the Department of Natural Resources or
request a public hearing for 15 days after the application is
filed, and the department must forward a recommendation on the
permit to the commission by the end of the public comment
period.  The substitute requires applicants to publish a notice
once a week for 4 weeks, beginning no more than 10 days after
the application is complete.  Applicants are also required to
notify by certified mail the local governing body and owners of
property adjacent to the proposed surface mine.  Notices must
include a statement that interested parties may submit written
comments to the department or request a public meeting or a
formal hearing for up to 15 days after the end of the public
notice period.

The department must forward its recommendation on the permit to
the commission within 4 weeks after the end of the public notice
period.  If a public meeting was requested and the applicant
agrees, the department and applicant will conduct the meeting
within 30 days after the end of the comment period, and the
department will make a recommendation to the commission within
30 days after the meeting.  If issues are not resolved at the
public meeting and a formal public hearing is requested, the
commission may conduct a hearing.  The commission may deny the
permit if there is substantial evidence that the applicant has a
reasonable likelihood of noncompliance or that mine operations
will impair the health, safety, or livelihood of an interested
party.

RECLAMATION STANDARDS

Currently, surface mine operators must begin reclamation as soon
as possible after commencement of mining and, after their permit
expires, complete grading within 12 months and seeding and
planting within 24 months.  The substitute requires operators to
begin reclamation as soon as possible after completion of mining
in a portion of their permitted area and to complete grading
within 12 months and seeding and planting within 24 months.

The department may require erosion control measures on
overburden stockpiles if the erosion is causing damage outside
the permitted area.  Grading and replacing topsoil may not be
required in rugged areas intended for wildlife habitat or in
areas reclaimed for industrial use.  To reclaim land mined
previously as a substitute for reclaiming currently mined land,
operators must submit a plan and provide written permission of
the landowner.

FISCAL NOTE:  Estimated Net Income to Mined Land Reclamation
Fund of $315,319 in FY 2002, $198,166 in FY 2003, and $200,255
in FY 2004.  Totals do not reflect unknown hearing expenses.

PROPONENTS:  Supporters say that current public notification
requirements, comment periods, and denial criteria for quarry
permit applications are inadequate.  This bill establishes
reasonable public participation in the application process.

Testifying for the bill were Representative Smith; Department of
Natural Resources; and Charles Meyer.

OPPONENTS:  Those who oppose the bill say that making the
applicant responsible for all public notice and hearing costs is
unfair.  There are also unresolved issues on the criteria for
permit denial and on reclamation standards.

Testifying against the bill were Mining Industry Council of
Missouri; Missouri Limestone Producers Association; and Missouri
Concrete Association.

Terry Finger, Senior Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:43 am