HB 1602 -- Mining Regulation

Sponsor:  St. Onge

This bill changes the laws regarding the Land Reclamation Act.
The bill:

(1)  Clarifies that the act does not regulate the excavation of
minerals or fill dirt from construction sites;

(2)  Defines the terms "commercial purpose," "construction,"
"excavation," "fill dirt," "land improvement," "mining," "public
entity," "quarry," and "surface mining";

(3)  Specifies that the Land Reclamation Commission in the
Department of Natural Resources has no authority to regulate the
excavation of minerals or fill dirt for construction;

(4)  Utilizes the powers authorized by the bill to promote the
reclamation of land subjected to disturbance by surface mining
and to promote and protect the health, safety, and general
welfare of the people of this state in relation to surface
mining;

(5)  Specifies that no one will be required to obtain a permit
for the purpose of moving minerals or fill dirt within the
confines of real property where excavation occurs or to remove
minerals or fill dirt from the real property as incidental to the
primary purpose of construction;

(6)  Authorizes the commission to determine whether an activity
on real property constitutes surface mining that requires a
permit.  If a permit is required, the owner of the property will
be notified by a letter stating the reasons for the
determination.  If the staff director of the commission and the
owner disagree with the findings, the owner can request a hearing
before the commission at its next regular meeting; and a written
determination will be issued within 30 calendar days.  The
determination can be appealed with the burden of proof on the
director and the commission; and

(7)  Allows additional penalties to be levied at the discretion
of the court for up to double the cumulative total of penalties
authorized for a violation of operation without a permit which
constitutes fraud and the court imposes civil penalties for the
violation.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am