9-16-92
Section 9-16-92 Inspections; authority to inspect records, equipment, premises; etc.;
violations; maintenance of records, etc., by permittee; authority to enter upon all lands
of the state. (a) For the purpose of developing or assisting in the development, administration,
and enforcement of this article or in the administration and enforcement of any permit under
this article, or of determining whether any person is in violation of any requirement of this
article: (1) The regulatory authority shall require any permittee to (i) establish and maintain
appropriate records, (ii) make monthly reports to the regulatory authority, (iii) install,
use, and maintain any necessary monitoring equipment or methods, (iv) evaluate results in
accordance with such methods, at such locations, intervals, and in such manner as the regulatory
authority shall prescribe, and (v) provide such other information relative to surface coal
mining and reclamation operations as the regulatory authority deems...
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9-16-83
Section 9-16-83 Permits - Contents of application; reclamation plan; copy of application
filed for public inspection; insurance; blasting plan. (a) Each application for a surface
coal mining reclamation permit under this article shall be accompanied by a fee as determined
by the regulatory authority, but not to exceed the anticipated cost of reviewing, administering,
and enforcing the permit. In no event shall the permit fee be less than one thousand dollars
($1,000). The regulatory authority shall develop procedures to enable the cost of the fee
to be paid over the life of the mine. The life of the mine means the term of the permit and
the time required to successfully complete all surface coal mining and reclamation activities
and obtain a full release of the performance bond for each bonded area. (b) The permit application
shall be submitted in a format prescribed by and satisfactory to the regulatory authority
and shall contain, among other things, all of the following: (1) The...
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9-16-81
Section 9-16-81 Licenses required; application; qualifications; fees. (a) All surface
coal mining operations shall be subject to this article, except as excluded in Section
9-16-99. (b) No person shall engage in or carry out on lands within the state any surface
coal mining operations unless such person is a citizen of the United States or, if not a citizen
of the United States, a person who is legally present in the United States with appropriate
documentation from the federal government and has first obtained a license in accordance with
this section. The term of a license shall be continuous and shall authorize the licensee,
subject to the other provisions of this article, to engage in surface coal mining operations
unless the license shall be suspended or revoked in accordance with this article. Suspension,
revocation, or subcontracting shall in no way relieve the licensee of his or her obligation
to comply with the reclamation requirement of this article. (c) An applicant for a...
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9-16-93
Section 9-16-93 Violations; inspection by authority; remedial actions; hearing; action
by Attorney General. (a) Whenever, on the basis of any information available to it, including
receipt of information from any person, the regulatory authority has reason to believe that
any person is in violation of any requirement of this article or any permit condition required
by this article, the regulatory authority shall immediately order an inspection of the surface
coal mining operation at which the alleged violation is occurring unless the same information
is available to the regulatory authority as a result of a previous inspection. When the inspection
results from information provided to the regulatory authority by any person, the regulatory
authority shall notify such person when the inspection is proposed to be carried out and such
person shall be allowed to accompany the inspector during the inspection. The regulatory authority
shall consult with all state and federal agencies charged...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued
pursuant to this article to conduct surface mining operations shall require that such surface
coal mining operations will meet all applicable performance standards of this article, and
such other requirements as the regulatory authority shall promulgate. (b) General performance
standards shall be applicable to all surface coal mining and reclamation operations and shall
require the operation as a minimum to: (1) Conduct surface coal mining operations so as to
maximize the utilization and conservation of the solid fuel resource being recovered so that
reaffecting the land in the future through surface coal mining can be minimized; (2) Restore
the land affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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9-16-82
Section 9-16-82 Permits - Required; term; successor in interest; termination; renewal;
application. (a) No person shall engage in surface coal mining operations at a particular
location except as a subcontractor of the permittee of that location until such person has
been issued a permit by the regulatory authority for that location in accordance with the
provisions of this section. The term of a permit shall not exceed five years and shall
authorize the permittee to engage in surface coal mining operations within the permitted area,
unless sooner suspended or revoked in accordance with the provisions of this article. However,
if the applicant demonstrates that a specified longer term is reasonably needed to allow the
applicant to obtain the necessary financing for equipment and the opening of the operation
and that the application is full and complete for such specified longer term, the regulatory
authority may grant a permit for such longer term. A successor in interest of a...
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9-16-88
Section 9-16-88 Permits - Review and appeal of applications. (a) At the time of submission
of an application for a surface coal mining and reclamation permit, or revision of an existing
permit, pursuant to the provisions of this article, the applicant shall submit to the regulatory
authority a copy of his advertisement of the ownership, precise location, and boundaries of
the land to be affected. At the time of submission such advertisement shall be placed by the
applicant in a local newspaper of general circulation in the locality of the proposed surface
mine at least once a week for four consecutive weeks. The regulatory authority shall notify
various local governmental bodies, planning agencies, and sewage and water treatment authorities
or water companies in the locality in which the proposed surface mining will take place, notifying
them of the operator's intention to surface mine a particularly described tract of land and
indicating the application's permit number and where a...
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9-16-89
Section 9-16-89 Performance bonds and bond releases. (a) After a surface coal mining
and reclamation permit application has been approved but before such a permit is issued, the
applicant shall file with the regulatory authority, on a form prescribed and furnished by
the regulatory authority, a bond for performance payable to the state and conditioned upon
faithful performance of all the requirements of this article and the permit. The bond shall
cover all lands disturbed by the surface coal mining operation and the amount of the initial
bond shall be such to cover that area of land within the permit area upon which the operator
will initiate and conduct surface coal mining and reclamation operations within the initial
term of the permit. As succeeding increments of surface coal mining and reclamation operations
are to be initiated and conducted within the permit area, the permittee shall file with the
regulatory authority an additional bond or bonds to cover such increments in...
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9-16-96
Section 9-16-96 Designation of areas unsuitable for surface coal mining; right to petition;
review and public hearing; areas exempt from mining operations. (a)(1) The regulatory authority
shall establish a planning process enabling objective decisions based upon competent and scientifically
sound data and information as to which, if any, land areas of the state are unsuitable for
all or certain types of surface coal mining operations pursuant to the standards set forth
in subdivisions (2) and (3) of this subsection but such designation shall not prevent the
mineral exploration pursuant to the article of any area so designated. (2) Upon petition pursuant
to subsection (c) of this section, the regulatory authority shall designate an area
as unsuitable for all or certain types of surface coal mining operations if the regulatory
authority determines that reclamation pursuant to the requirements of this article is not
technologically and economically feasible. (3) Upon petition pursuant to...
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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not
exceed $5,000.00 for each violation. Each day of continuing violation may be deemed a separate
violation for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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