444.850. Publication of intent--notification to local governments--comments and objections may be filed, procedure--conferences, findings--hearings--appeals.
Publication of intent--notification to local governments--commentsand objections may be filed, procedure--conferences,findings--hearings--appeals.
444.850. 1. At the time of submission of an application for a surfacecoal mining and reclamation permit, or renewal or revision of an existingpermit, the applicant shall submit a copy of his advertisement of theownership, precise location, and boundaries of the land to be affected. Atthe time of submission such advertisement shall be placed by the applicant ina local newspaper of general circulation in the locality of the proposedsurface mine at least once a week for four consecutive weeks. The directorshall within ten days after the application is filed notify various localgovernmental bodies, planning agencies, sewage and water treatmentauthorities, and water companies in the locality in which the proposed surfacemining will take place, notifying them of the operator's intention to surfacemine a particularly described tract of land and indicating the application'spermit number and where a copy of the proposed mining and reclamation plan maybe inspected. These local bodies, agencies, authorities, or companies maysubmit written comments within sixty days after the application is filed onthe mining applications with respect to the effect of the proposed operationon the environment which are within their area of responsibility. Suchcomments shall immediately be transmitted to the applicant by the director andshall be made available to the public at the same locations as are the miningapplications.
2. Any person having an interest which is or may be adversely affectedor the officer or head of any federal, state, or local governmental agency orauthority shall have the right to file written objections to the proposedinitial or revised or renewal application for a permit for surface coal miningand reclamation operation with the director within sixty days after theapplication is filed. Such objections shall immediately be transmitted to theapplicant by the director and shall be made available to the public. Theapplicant or the objector may, within thirty days after filing of objections,request an informal conference with the director. The director shall hold aninformal conference in the locality of the proposed mining, if requested,within thirty days of the receipt of such request. The date, time and locationof such informal conference shall be advertised by the director in a newspaperof general circulation in the locality at least two weeks prior to thescheduled conference date. The director may arrange with the applicant, uponrequest by any party to the administrative proceeding, access to the proposedmining area for the purpose of gathering information relevant to theproceeding. An electronic or stenographic record shall be made of theconference proceeding, unless waived by all parties. Such record shall bemaintained and shall be accessible to the parties until final release of theapplicant's performance bond. In the event all parties requesting theinformal conference stipulate agreement prior to the requested informalconference and withdraw their request, such informal conference need not beheld.
3. If an informal conference has been held, the director shall makewritten findings granting, requiring modification of or denying the permit inwhole or in part and stating the reasons therefor, within sixty days of saidconference, and shall furnish the applicant and all parties to the proceedingsa copy of said findings.
4. If there has been no informal conference, the director shall, withinsixty days after the last publication of notice in subsection 1, make writtenfindings granting, requiring modification of or denying the permit in whole orin part and stating the reasons therefor, and shall furnish the applicant acopy of said findings.
5. If the application is approved, the permit shall be issued. If theapplication is disapproved, specific reasons therefor must be set forth in thenotification. Within thirty days after the applicant is notified of the finaldecision of the director on the permit application, the applicant or anyperson with an interest which is or may be adversely affected may request ahearing on the reasons for final determination. The commission shall hold ahearing within thirty days of such request and provide notification to allinterested parties at the time that the applicant is so notified. Suchhearing shall be of record and a contested case. The chairman may designateone commission member as hearing officer, or may appoint a member in goodstanding of the Missouri Bar as hearing officer to hold the hearing and makerecommendations to the commission, but the commission shall make the finaldecision thereon, and any commission member participating in the decisionshall review the record before making decision. Within thirty days after thehearing the commission shall issue and furnish the applicant, and all personswho participated in the hearing, with the written decision of the commissiongranting, requiring modification of or denying the permit in whole or in partand stating the reasons therefor.
6. Where a hearing is requested pursuant to subsection 5 the commissionmay, under such conditions as it may prescribe, grant such temporary relief asit deems appropriate pending final determination of the proceedings if:
(1) All parties to the proceedings have been notified and given anopportunity to be heard on a request for temporary relief;
(2) The person requesting such relief shows that there is a substantiallikelihood that he will prevail on the merits of the final determination ofthe proceeding; and
(3) Such relief will not adversely affect the public health or safety orcause significant imminent environmental harm to land, air, or waterresources.
7. For the purpose of such hearing, the commission or hearing officermay administer oaths, subpoena witnesses, or written or printed materials,compel attendance of the witnesses, or production of the materials, and takeevidence including but not limited to site inspections of the land to beaffected and other surface coal mining operations carried on by the applicantin the general vicinity of the proposed operation. A verbatim record of eachpublic hearing shall be made, and a transcript made available on the motion ofany party or by order of the commission.
8. Any applicant or any person with an interest which is or may beadversely affected who has participated in the administrative proceedings, andwho is aggrieved by the decision of the commission or if the commission failsto act within the time limits specified, shall have the right to appeal inaccordance with section 444.900.
(L. 1979 H.B. 459)(2004) Subsection 8 of section does not confer standing on basis of status as economic competitor of permit applicant. Continental Coal, Inc. v. Missouri Land Reclamation Commission, 150 S.W.3d 371 (Mo.App.W.D.).