444.815. Permits required, kind, when to be obtained--term--effect of lack of operation--renewals--exemptions.
Permits required, kind, when to be obtained--term--effect of lack ofoperation--renewals--exemptions.
444.815. 1. Eight months from the date on which the stateprogram is approved by the United States Secretary of theInterior pursuant to 30 U.S.C. 1253 and published in the FederalRegister, no person shall engage in or carry out any surface coalmining operations unless such person shall have first obtained apermit under this law. From September 28, 1979, until eightmonths after approval of the state program, no person shallengage in or carry out any surface coal mining operations unlesssuch person shall first have obtained a permit pursuant to andcomplies with sections 444.500 to 444.755, as in existence priorto September 28, 1979, and any permit issued pursuant to suchprovisions shall continue in force and effect for the term ofsaid permit or any revisions or renewals thereof; except that nosuch permit issued pursuant to sections 444.500 to 444.755, shallextend past eight months from approval of the state program;except further, that if application for a permit by such operatorhas been filed pursuant to this law within two months afterapproval of the state program, said operator may conductoperations under a permit issued pursuant to sections 444.500 to444.755, until determination on the application has been made bythe director under either subsection 3 or 4 of section 444.850.
2. All permits shall be issued for a term not to exceed fiveyears; provided, that if the applicant demonstrates that aspecified longer term is reasonably needed to allow the applicantto obtain necessary financing for equipment and the opening ofthe operation and if the application is full and complete forsuch specified longer term, a permit may be granted for suchlonger term. A successor in interest to a permittee who appliesfor a new permit within thirty days of succeeding to suchinterest and who is able to obtain the bond coverage of theoriginal permittee may continue surface coal mining andreclamation operations according to the approved mining andreclamation plan of the original permittee until such successor'sapplication is granted or denied.
3. A permit shall terminate if the permittee has notcommenced the surface coal mining operations covered by suchpermit within three years of the issuance of the permit;provided, that the commission may grant reasonable extensions oftime upon a showing that such extensions are necessary by reasonof litigation precluding such commencement or threateningsubstantial economic loss to the permittee, or by reason ofconditions beyond the control and without the fault or negligenceof the permittee; provided further, that in the case of a coallease issued under the Federal Mineral Leasing Act, Title 30U.S.C., extensions of time may not extend beyond the periodallowed for diligent development in accordance with that act;provided further, that with respect to coal to be mined for usein a synthetic fuel facility or specific major electricgenerating facility, the permittee shall be deemed to havecommenced surface mining operations at such time as theconstruction of the synthetic fuel or generating facility isinitiated.
4. (1) Any valid permit shall carry with it the right ofsuccessive renewal upon expiration with respect to areas withinthe boundaries of the existing permit. The holders of the permitmay apply for renewal and such renewal shall be issued (providedthat on application for renewal the burden shall be on theopponents of renewal), subsequent to fulfillment of the publicnotice requirements of section 444.850 unless it is establishedthat and written findings are made that:
(a) The terms and conditions of the existing permit andreclamation plan are not being satisfactorily met;
(b) The present surface coal mining and reclamationoperation is not in compliance with the environmental protectionstandards of this law and rules and regulations;
(c) The renewal requested substantially jeopardizes theoperator's continuing responsibility on existing permit areas;
(d) The operator has not provided evidence that theperformance bond in effect for said operation will continue infull force and effect for any renewal requested in suchapplication as well as any additional bond the commission mightrequire; or
(e) Any additional revised or updated information requiredby the commission has not been provided.Prior to the approval of any renewal of permit the commissionshall provide notice to the appropriate public authorities.
(2) If an application for renewal of a valid permit includesa proposal to extend the mining operation beyond the boundariesauthorized in the existing permit, the portion of the applicationfor renewal of a valid permit which addresses any new land areasshall be subject to the full standards applicable to newapplications under this law.
(3) Any permit renewal shall be for a term not to exceed theperiod of the original permit. Application for permit renewalshall be made at least one hundred and twenty days prior to theexpiration of the valid permit.
5. Any agency, unit, or instrumentality of federal, state,or local government, including any publicly owned utility orpublicly owned corporation of federal, state, or localgovernment, which proposes to engage in surface coal miningoperations which are subject to the requirements of this lawshall comply with the provisions of sections 444.815 to 444.905.
6. The provisions of this law shall not apply to any of thefollowing activities:
(1) The extraction of coal by a landowner for his ownnoncommercial use from land owned or leased by him;
(2) The extraction of coal as an incidental part of federal,state or local government-financed highway or other constructionunder regulations established by the commission;
(3) The extraction of coal incidental to the extraction ofother minerals where coal does not exceed sixteen and two-thirdspercentum of the tonnage of minerals removed for purposes ofcommercial use or sale.
(L. 1979 H.B. 459, A.L. 1988 H.B. 1836)