444.810. Powers of commission--abandoned mine reclamation fund created, purpose.
Powers of commission--abandoned mine reclamation fund created,purpose.
444.810. 1. The commission may:
(1) Adopt and promulgate rules and regulations respecting theadministration and enforcement of this law and in conformity therewith;
(2) Encourage and conduct investigations, research,experiments and demonstrations, and collect and disseminate informationrelating to surface coal mining and reclamation and conservation of landsand waters affected by surface coal mining;
(3) Examine and pass on all applications and plans and specificationssubmitted by the operator for the method of operation and for thereclamation and conservation of the area of land affected by the operation;
(4) Make investigations and inspections which are necessary to ensurecompliance;
(5) Conduct hearings and administer oaths or affirmations andsubpoena witnesses to the inquiry;
(6) Order the suspension or revocation of any permit, or thecessation of operations for failure to comply with any of the provisions ofthis law, rules and regulations, reclamation plans, permit conditions, orany order of the commission;
(7) Order forfeiture of any bond for failure to comply with anyprovisions of this law, rules or regulations, reclamation plans, permitconditions or any order of the commission;
(8) Cause to be instituted in any court of competent jurisdictionlegal proceedings for injunction or other appropriate relief to enforcethis law, rules and regulations, reclamation plans, permit conditions, orany order of the commission;
(9) Retain, employ, provide for, and compensate, within the limits ofappropriations made for that purpose, such consultants, assistants,deputies, clerks, and other employees on full- or part-time basis as may benecessary to carry out the provisions of this law and prescribe the timesat which they shall be appointed and their powers and duties; and whenappropriate, contract for such professional or technical services asnecessary;
(10) Study and develop plans for the reclamation of lands that havebeen mined prior to August 3, 1977, and those described in subsection 3 ofsection 444.915;
(11) Accept, receive and administer grants or other funds or giftsfrom public and private agencies and individuals, including the federalgovernment, for the purpose of carrying out any of the functions of thislaw, including the reclamation of lands mined prior to August 3, 1977.Funds received by the commission for the purpose of reclaiming lands minedprior to August 3, 1977, shall be deposited with the state treasurer andcredited to the "Abandoned Mine Reclamation Fund" which is hereby created.After appropriation by the general assembly, the money in this fund shallbe expended for the purposes authorized. Any portion of the fund notimmediately needed for the purposes authorized shall be invested by thestate treasurer as provided by the constitution and laws of this state.All income from such investments shall, unless otherwise prohibited by theconstitution of this state, be deposited in the abandoned mine landreclamation fund. Any unexpended balance in such fund at the end of anyappropriation period shall not be transferred to the general revenue fundof the state treasury and, accordingly, shall be exempt from the provisionsof section 33.080, RSMo. The commission may promulgate such rules andregulations or enter into such contracts as it may deem necessary forcarrying out the provisions of this subdivision;
(12) Budget and receive duly appropriated moneys for expenditures tocarry out the provisions and purposes of this law;
(13) Prepare and file a biennial report with the governor and membersof the general assembly;
(14) Enter into cooperative agreements with the appropriate federalofficer or agency to provide for state regulation of surface coal miningand reclamation operations on federal lands within the state.
2. No rule or portion of a rule promulgated under the authority ofsections 444.800 to 444.970 shall become effective unless it has beenpromulgated pursuant to the provisions of section 536.024, RSMo.
(L. 1979 H.B. 459, A.L. 1983 S.B. 241, A.L. 1993 H.B. 312 & 257 merged with S.B. 52, A.L. 1995 S.B. 3)