HB 453 -- ENVIRONMENTAL COMMISSIONS AND FEES (Ransdall)

This bill makes several changes to laws regarding environmental
commissions and fees.

EMERGENCY RESPONSE FEES

Fees for the Missouri Emergency Response Commission expire on
August 28, 2002.  The bill extends the fees to August 28, 2012.

SURFACE MINING

(1)  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 bill 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.

(2)  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 bill 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.

(3)  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 bill
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.

TECHNOLOGY TRUST FUND

The $5 fees collected by the Secretary of State for the
Technology Trust Fund will expire on December 31, 2001.  The
bill extends the fees to December 31, 2009.

FISCAL NOTE:  Estimated Net Income to Chemical Emergency
Preparedness Fund of $0 in FY 2002, $211,060 in FY 2003, and
$266,604 in FY 2004.  Income to Secretary of State's Technology
Trust Fund Account of $1,150,000 in FY 2002, $2,300,000 in FY
2003, and $2,300,000 in FY 2004.  Estimated Net Income to Mined
Land Reclamation Fund of $80,822 in FY 2002, $20,171 in FY 2003,
and $22,260 in FY 2004.  Totals do not reflect unknown hearing
expenses.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:44 am