444.875. Release of all or part of performance bond, procedure--objections may be filed.
Release of all or part of performance bond, procedure--objections maybe filed.
444.875. 1. The permittee may file a request with thecommission for the release of all or part of a performance bondor deposit. Within thirty days after any application for bondrelease has been filed, the operator shall submit a copy of anadvertisement placed at least once a week for four successiveweeks in a newspaper of general circulation in the locality ofthe surface coal mining operation. Such advertisement shall beconsidered part of any bond release application and shall containa notification of the precise location of the land affected, thenumber of acres, the permit and the date approved, the amount ofthe bond filed and the portion sought to be released, and thetype and appropriate dates of reclamation work performed, and adescription of the results achieved as they relate to theoperator's approved reclamation plan. In addition, as part ofany bond release application, the applicant shall submit copiesof letters which he has sent to adjoining property owners, localgovernmental bodies, planning agencies, sewage and watertreatment authorities, and water companies in the locality inwhich the surface coal mining and reclamation activities tookplace, notifying them of his intention to seek release from thebond. At the time of final or phase III bond release submittal,the operator shall include evidence that an affidavit has beenrecorded with the recorder of deeds in the county where the minedland is located, generally describing the parcel or parcels ofland where operations such as underground mining, auger mining,covering of slurry ponds, or other underground activitiesoccurred which could impact or limit future use of that land.This requirement shall be applicable to mined land where phase Ireclamation was completed on or after September 1, 1992.
2. Upon receipt of the notification and request, thecommission shall cause to be conducted within thirty days aninspection and evaluation of the reclamation work involved. Suchevaluation shall consider, among other things, the degree ofdifficulty to complete any remaining reclamation, whetherpollution of surface and subsurface water is occurring, theprobability of continuance or future occurrence of suchpollution, and the estimated cost of abating such pollution. Thecommission shall notify the permittee in writing of its decisionto release or not to release all or part of the performance bondor deposit within sixty days from the filing of the request, ifno public hearing is held pursuant to subsection 6 of thissection, and if there has been a public hearing held pursuant tosubsection 6 of this section, within thirty days thereafter.
3. The commission may release in whole or in part said bondor deposit if satisfied the reclamation covered by the bond ordeposit or portion thereof has been accomplished according to thefollowing schedule:
(1) When the operator completes the backfilling, regrading,and drainage control of a bonded area in accordance with hisapproved reclamation plan, the release of not more than sixtypercentum of the bond or deposit for the applicable permit area;
(2) After revegetation has been established on the regradedmined lands in accordance with the approved reclamation plan, therelease of a portion of the bond or deposit may be approved.When determining the amount of bond to be released aftersuccessful revegetation has been established, the commissionshall retain that amount of bond for the revegetated area whichwould be sufficient for a third party to cover the cost ofreestablishing revegetation for the period specified for operatorresponsibility in section 444.855 for reestablishingrevegetation. No part of the bond or deposit shall be releasedunder this subdivision so long as the lands to which the releasewould be applicable are contributing suspended solids tostreamflow or runoff outside the permit area in excess of therequirements set by subdivision (10) of subsection 2 of section444.855 or until soil productivity for prime farm lands hasreturned to equivalent levels of yield as nonmined land of thesame soil type in the surrounding area under equivalentmanagement practices as determined from the soil survey performedpursuant to subdivision (16) of subsection 2 of section 444.820.Where a silt dam is to be retained as a permanent impoundmentpursuant to subdivision (8) of subsection 2 of section 444.855,the portion of bond may be released under this subdivision solong as provisions for sound future maintenance by the operatoror the landowner have been made with the commission;
(3) When the operator has completed successfully allsurface coal mining and reclamation activities, the release ofthe remaining portion of the bond, but not before the expirationof the period specified for operator responsibility in section444.855; provided, however, that no bond shall be fully releaseduntil all reclamation requirements are fully met.
4. If the commission disapproves the application forrelease of the bond or portion thereof, the commission shallnotify the permittee, in writing, stating the reasons fordisapproval and recommending corrective actions necessary tosecure said release and allowing opportunity for a public hearingunless a hearing has been held.
5. When any application for total or partial bond releaseis filed, the commission shall notify the county and/ormunicipality in which a surface coal mining operation is locatedby certified mail within thirty days from the date theapplication is filed.
6. Any person with a valid legal interest which might beadversely affected by release of the bond or the responsibleofficer or head of any federal, state, or local governmentalagency which has jurisdiction by law or special expertise withrespect to any environmental, social, or economic impact involvedin the operation, or is authorized to develop and enforceenvironmental standards with respect to such operations shallhave the right to file written objections to the proposed releasefrom bond within sixty days after the application was filed. Ifwritten objections are filed, and a hearing requested, thecommission shall inform all the interested parties of the timeand place of the hearing, and the date, time, and location ofsuch public hearing shall be advertised by the commission in anewspaper of general circulation in the locality for twoconsecutive weeks, and the commission shall hold a public hearingin the locality of the surface coal mining operation proposed forbond release or in Cole County, at the option of the objector,within ninety days after the application has been filed.
7. For the purpose of such hearing the commission shallhave the authority and is hereby empowered to administer oaths,subpoena witnesses or written or printed materials, compel theattendance of witnesses, or production of the materials, and takeevidence including, but not limited to, inspections of the landaffected and other surface coal mining operations carried on bythe applicant in the general vicinity. A verbatim record of eachpublic hearing shall be made, and a transcript made available onthe motion of any party or by order of the commission. Thechairman may designate one commission member as hearing officer,or may appoint a member in good standing of the Missouri bar ashearing officer to hold the hearing and make recommendations tothe commission, but the commission shall make the final decisionthereon and any member participating in the decision shall reviewthe record before making decision.
(L. 1979 H.B. 459, A.L. 1993 H.B. 312 & 257)