FIRST REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DOUGHERTY.
2363L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 319, RSMo, by adding thereto one new section relating to mining safety, with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 319, RSMo, is amended by adding thereto one new section, to be known as section 319.347, to read as follows:
319.347. 1. As used in this section, the following terms mean:
(1) "Blasting", the use of explosives for the purpose of mining;
(2) "Excavation", the activities defined under section 319.015 when such activities are employed for the purpose of mining;
(3) "Mining", any activity conducted on or under the surface of the earth for the extraction of metallic minerals, mineral ores, marble, limestone, coal, oil, natural gas, or other similar natural resources.
2. Notwithstanding any other provision of law to the contrary, no person or entity shall engage in blasting, excavation, or mining within one thousand three hundred twenty feet of any residentially zoned property within a political subdivision of this state.
3. Any person or entity mining within one thousand three hundred twenty feet of residentially zoned property on or before the effective date of this section may continue such mining operation to the extent of such person or entity's forward progress. Forward progress shall be judged by the closest point of excavation of land for the purpose of removing significant quantities of natural resources to the boundary of residentially zoned property, but shall not include any excavation for the purpose of testing or sampling.
Section B. Because mining operations in close proximity to residential areas can threaten safety and financial interests of Missouri citizens, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.
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