Modifies standards relating to mining practices

SECOND REGULAR SESSION
HOUSE BILL NO. 2737
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WOODS.
5205H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 444.070, 444.090, 444.100, 444.1 10, 444.352, 444.765, 444.770, 444.771,
444.772, 444.773, and 444.786, RSMo, and to enact in lieu thereof seventeen new
sections relating to mining, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 444.070, 444.090, 444.100, 444.1 10, 444.352, 444.765, 444.770,
2 444.771, 444.772, 444.773, and 444.786, RSMo, are repealed and seventeen new sections
3 enacted in lieu thereof, to be known as sections 444.070, 444.090, 444.100, 444.1 10, 444.352,
4 444.765, 444.770, 444.771, 444.772, 444.773, 444.786, 444.791, 444.991, 444.992, 444.993,
5 444.994, and 444.995, to read as follows:
444.070. When any owner , tenant or subtenant of a lot or lots or tracts of land, shall
2 file with any associate circuit judge within the county in which said lot or lots or tract of land
3 may be situated, his or her af fidavit, or the af fidavit of any other credible person for them,
4 stating that from knowledge, information or belief, the party or parties owning, controlling or
5 working the adjoining lot or lots or tract of land, and upon which said party or parties are
6 sinking shafts, mining, excavating and running drifts, and that said drifts in which said parties
7 are digging, mining and excavating mineral ore or veins of coal or any other mineral as
8 defined under section 444.765 extend beyond the lines and boundaries of said lot or lots or
9 tract of land, owned, controlled or worked by them, and have entered in and upon the
10 premises of the party or parties making said af fidavit, or for whom said af fidavit is made, the
11 associate circuit judge, after first being tendered his lawful fees, shall issue his written order
12 and deliver or cause the same to be delivered to the county surveyor or his deputy ,
13 commanding him, after his reasonable fees have been tendered, to proceed without delay to
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
14 survey said drift by entering any and all shafts upon said lot or lots or tract of land that he (the
15 surveyor) may see fit, for the purpose of ascertaining the course and distance of said drift or
16 drifts, and to locate the same upon the surface.
444.090. If said party or parties owning, controlling or working said shaft or shafts on
2 said lot or lots or tract of land shall refuse, hinder or prevent said county surveyor or his
3 deputy and his assistant from entering said shaft or shafts or drifts, to make the survey so
4 ordered by the associate circuit judge, and every person so of fending shall, on conviction, be
5 adjudged guilty of a misdemeanor , and punished by imprisonment in the county jail for a term
6 of not exceeding one year , or by fine not exceeding [ three hundred ] one thousand dollars, or
7 by both said fine and imprisonment.
444.100. No person, company or corporation shall hereafter sink a shaft, mine,
2 tunnel, excavate or drift for coal, cobalt, rar e earth elements, or silica sand or take out any
3 coal , cobalt, rar e earth elements, or silica sand of any kind within the corporate limits or
4 designated boundaries of any city , town or village in this state containing one thousand
5 inhabitants or more, without having first applied and filed, and have approved, an indemnity
6 bond as provided for in this chapter; and any person or persons violating the provisions of this
7 section, and any member or stockholder or of ficer of any company or corporation who shall
8 violate the provisions of this section, shall be deemed guilty of a misdemeanor , and on
9 conviction thereof shall be punished by fine of not less than [ five hundred ] one thousand
10 dollars, or imprisonment in the county jail for not less than [ six months ] one year , or by both
11 such fine and imprisonment.
444.1 10. 1. In addition to the r equir ements in subsections 2 and 3 of this section,
2 the department of natural res our ces shall pr ovide notice, as requ ired under section
3 444.773, for all permits to mine minerals, as such term is defined under section 444.765.
4 2. Every person, company or corporation desiring to carry on any of the mining
5 operations provided for in section 444.100 shall give at least thirty days' notice of such
6 intention by notice printed and published in some newspaper printed in such town, city or
7 village wherein such mining operations are proposed to be carried on, or if no newspaper be
8 printed in such city , town or village, then in some newspaper printed in said county , or if no
9 newspaper be printed in such county , then by written or printed handbills posted up in six
10 public places in the city , town or village wherein such mining operations are proposed to be
11 carried on.
12 [ 2. ] 3. Such notice shall contain an accurate description of the locality where such
13 mining operations are to be carried on, giving the number of lot and block, and shall also state
14 the nature of such mining operations, and name some day the circuit court in said county is in
15 session when such person, company or corporation will of fer for filing and approval the
16 indemnity bond provided for in this chapter .
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444.352. As used in sections 444.352 to 444.380, the following words and terms shall
2 mean:
3 (1) "Beneficiation", the process of concentrating minerals from ore;
4 (2) "Closure", those actions taken pursuant to a comprehensive plan to contain
5 metallic mineral wastes on site, ensure the integrity of waste management structures and
6 achieve the designated final uses of the metallic minerals waste management area;
7 (3) "Conference, conciliation and persuasion", a process of verbal or written
8 communications consisting of meetings, reports, correspondence or telephone conferences
9 between authorized representatives of the department and the alleged violator . The process
10 shall, at a minimum, consist of one of fer to meet with the alleged violator tendered by the
11 department. During any such meeting, the department and the alleged violator shall negotiate
12 in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to
13 achieve compliance;
14 (4) "Director", the director of the department of natural resources;
15 (5) "Disposal", the placing of metallic mineral wastes on or under the ground;
16 (6) "Facility", an integrated metallic mineral mine or mill complex or primary metal
17 smelter or refinery complex;
18 (7) "Inspection-maintenance", those actions taken after closure to maintain the waste
19 management area in accordance with a closure plan;
20 (8) "Metallic mineral waste", mine waste rock, mine water , tailings, chat, blast
21 furnace slag from primary lead smelters and pot liners from primary aluminum smelters,
22 which is disposed of and not put to beneficial use;
23 (9) "Metallic minerals", minerals or mineral ores containing lead, iron, zinc,
24 aluminum, copper , gold and silver;
25 (10) "Metallic minerals waste management areas" or "waste management areas",
26 those areas designated and used for the disposal of metallic mineral wastes from metallic
27 minerals mining, beneficiation and processing;
28 (1 1) "Mining", any activity conducted on or under the surface of the earth for the
29 extraction of metallic minerals or mineral ores from the earth;
30 (12) "Minor violation", a violation which possesses a small potential to harm the
31 environment or human health or cause pollution, was not knowingly committed, and is not
32 defined by the United States Environmental Protection Agency as other than minor;
33 (13) "Operator", any person, firm, or corporation engaged in and controlling a
34 facility;
35 (14) "Person", any individual, partnership, copartnership, firm, company , public or
36 private corporation, association, joint stock company , trust, estate, political subdivision, or
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37 any agency , board, department or bureau of the state or federal government, or any other legal
38 entity whatever , which is recognized by law as the subject of rights and duties.
444.765. Wherever used or referred to in sections 444.760 to [ 444.790 ] 444.791 ,
2 unless a dif ferent meaning clearly appears from the context, the following terms mean:
3 (1) "Aff ected land", the pit area or area from which overburden shall have been
4 removed, or upon which overburden has been deposited after September 28, 1971. When
5 mining is conducted undergr ound, affected land means any excavation or removal of
6 overburden required to create access to mine openings, except that areas of disturbance
7 encompassed by the actual under ground openings for air shafts, portals, adits and haul roads
8 in addition to disturbances within fifty feet of any openings for haul roads, portals or adits
9 shall not be considered af fected land. Sites which exceed the excluded areas by more than
10 one acre for undergr ound mining operations shall obtain a permit for the total extent of
11 af fected lands with no exclusions as required under sections 444.760 to 444.790;
12 (2) "Beneficiation", the dressing or processing of minerals for the purpose of
13 regulating the size of the desired product, removing unwanted constituents, and improving the
14 quality or purity of a desired product;
15 (3) "Commercial purpose", the purpose of extracting minerals for their value in sales
16 to other persons or for incorporation into a product;
17 (4) "Commission", the Missouri mining commission in the department of natural
18 resources created by section 444.520;
19 (5) "Construction", construction, erection, alteration, maintenance, or repair of any
20 facility including but not limited to any building, structure, highway , road, bridge, viaduct,
21 water or sewer line, pipeline or utility line, and demolition, excavation, land clearance, and
22 moving of minerals or fill dirt in connection therewith;
23 (6) "Department", the department of natural resources;
24 (7) "Director", the staff director of the Missouri mining commission or his or her
25 designee;
26 (8) "Excavation", any operation in which earth, minerals, or other material in or on
27 the ground is moved, removed, or otherwise displaced for purposes of construction at the site
28 of excavation, by means of any tools, equipment, or explosives and includes, but is not
29 limited to, backfilling, grading, trenching, digging, ditching, drilling, well-drilling, auguring,
30 boring, tunneling, scraping, cable or pipe plowing, plowing-in, pulling-in, ripping, driving,
31 demolition of structures, and the use of high-velocity air to disintegrate and suction to remove
32 earth and other materials. For purposes of this section, excavation or removal of overburden
33 for purposes of mining for a commercial purpose or for purposes of reclamation of land
34 subjected to surface mining is not included in this definition. Neither shall excavations of
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35 sand and gravel by political subdivisions using their own personnel and equipment or private
36 individuals for personal use be included in this definition;
37 (9) "Fill dirt", material removed from its natural location through mining or
38 construction activity , which is a mixture of unconsolidated earthy material, which may
39 include some minerals, and which is used to fill, raise, or level the surface of the ground at the
40 site of disposition, which may be at the site it was removed or on other property , and which is
41 not processed to extract mineral components of the mixture. Backfill material for use in
42 completing reclamation is not included in this definition;
43 (10) "Land improvement", work performed by or for a public or private owner or
44 lessor of real property for purposes of improving the suitability of the property for
45 construction at an undetermined future date, where specific plans for construction do not
46 currently exist;
47 (1 1) "Mineral", a constituent of the earth in a solid state which, when extracted from
48 the earth, is usable in its natural form or is capable of conversion into a usable form as a
49 chemical, an ener gy source, or raw material for manufacturing or construction material. For
50 the purposes of this section, this definition includes metallic minerals as defined under
51 section 444.352, barite, tar sands, oil shales, cadmium, barium, nickel, cobalt, molybdenum,
52 germanium, gallium, tellurium, selenium, vanadium, indium, mercury , uranium, rare earth
53 elements, platinum group elements, manganese, phosphorus, sodium, titanium, zirconium,
54 lithium, thorium, [ or ] tungsten , and silica sand as defined under section 444.991 ; but does
55 not include [ iron, lead, zinc, gold, silver , ] coal, surface or subsurface water , fill dirt, natural
56 oil , or gas together with other chemicals recovered therewith;
57 (12) "Mining", the removal of overburden and extraction of underlying minerals or
58 the extraction of minerals from exposed natural deposits for a commercial purpose, as defined
59 by this section;
60 (13) "Operator", any person, firm or corporation engaged in and controlling a surface
61 mining operation;
62 (14) "Overburden", all of the earth and other materials which lie above natural
63 deposits of minerals; and also means such earth and other materials disturbed from their
64 natural state in the process of surface mining other than what is defined in subdivision (10) of
65 this section;
66 (15) "Peak", a projecting point of overburden created in the surface mining process;
67 (16) "Pit", the place where minerals are being or have been mined by surface mining;
68 (17) "Political subdivision", any city , town, village, county , or other political
69 entity creat ed by law;
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70 (18) "Public entity", the state or any of ficer , of ficial, authority , board, or commission
71 of the state and any county , city , or other political subdivision of the state, or any institution
72 supported in whole or in part by public funds;
73 [ (18) ] (19) "Rar e earth element", any of a gr oup of seventeen elements on the
74 periodic table, including yttrium, lanthanum, scandium, cerium, dyspr osium, terbium,
75 praseodymium, neodymium, pr omethium, ytterbium, euro pium, samarium, lutetium,
76 gadolinium, holmium, thulium, and erbium;
77 (20) "Refuse", all waste material directly connected with the cleaning and preparation
78 of substance mined by surface mining;
79 [ (19) ] (21) "Ridge", a lengthened elevation of overburden created in the surface
80 mining process;
81 [ (20) ] (22) "Site" or "mining site", any location or group of associated locations
82 separated by a natural barrier where minerals are being surface mined by the same operator;
83 [ (21) ] (23) "Surface mining", the mining of minerals for commercial purposes by
84 removing the overburden lying above natural deposits thereof, and mining directly from the
85 natural deposits thereby exposed, and shall include mining of exposed natural deposits of
86 such minerals over which no overburden lies and, after August 28, 1990, the surface ef fects of
87 under ground mining operations for such minerals. For purposes of the provisions of sections
88 444.760 to 444.790, surface mining shall not include excavations to move minerals or fill dirt
89 within the confines of the real property where excavation occurs or to remove minerals or fill
90 dirt from the real property in preparation for construction at the site of excavation. No
91 excavation of fill dirt shall be deemed surface mining regardless of the site of disposition or
92 whether construction occurs at the site of excavation ;
93 (24) "W ildlife refu ges", specific areas within the state that contain physical or
94 biological featur es that ar e essential to the conservation of endangered and thr eatened
95 species and that may need specific management or pr otection .
444.770. 1. It shall be unlawful for any operator to engage in surface mining without
2 first obtaining from the commission a permit to do so, in such form as is hereinafter provided,
3 including any operator involved in any gravel mining operation where the annual tonnage of
4 gravel mined by such operator is less than five thousand tons, except as provided in
5 subsection 2 of this section.
6 2. (1) A property owner or operator conducting gravel removal at the request of a
7 property owner for the primary purpose of managing seasonal gravel accretion on property
8 not used primarily for gravel mining, or a political subdivision who contracts with an operator
9 for excavation to obtain sand and gravel material solely for the use of such political
10 subdivision shall be exempt from obtaining a permit as required in subsection 1 of this
11 section. Such gravel removal shall be conducted solely on the property owner's or political
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12 subdivision's property and shall be in accordance with department guidelines, rules, and
13 regulations. The property owner shall notify the department before any person or operator
14 conducts gravel removal from the property owner's property if the gravel is sold. Notification
15 shall include the nature of the activity , name of the county and stream in which the site is
16 located and the property owner's name. The property owner shall not be required to notify the
17 department regarding any gravel removal at each site location for up to one year from the
18 original notification regarding that site. The property owner shall renotify the department
19 before any person or operator conducts gravel removal at any site after the expiration of one
20 year from the previous notification regarding that site. At the time of each notification to the
21 department, the department shall provide the property owner with a copy of the department's
22 guidelines, rules, and regulations relevant to the activity reported. Said guidelines, rules and
23 regulations may be transmitted either by mail or via the internet.
24 (2) The annual tonnage of gravel mined by such property owner or operator
25 conducting gravel removal at the request of a property owner shall be less than two thousand
26 tons, with a site limitation of one thousand tons annually . Any operator conducting gravel
27 removal at the request of a property owner that has removed two thousand tons of sand and
28 gravel material within one calendar year shall have a watershed management practice plan
29 approved by the commission in order to remove any future sand or gravel material the
30 remainder of the calendar year . The application for approval shall be accompanied by an
31 application fee equivalent to the fee paid under section 444.772 and shall contain the name of
32 the watershed from which the operator will be conducting sand and gravel removal, the
33 location within the watershed district that the sand and gravel will be removed, and the
34 description of the vehicles and equipment used for removal. Upon approval of the watershed
35 management practice plan, the department shall provide a copy of the relevant commission
36 regulations to the operator .
37 (3) No property owner or operator conducting gravel removal at the request of a
38 property owner for the primary purpose of managing seasonal gravel accretion on property
39 not used primarily for gravel mining shall conduct gravel removal from any site located
40 within a distance, to be determined by the commission and included in the guidelines, rules,
41 and regulations given to the property owner at the time of notification, of any building,
42 structure, highway , road, bridge, viaduct, water or sewer line, and pipeline or utility line.
43 3. Sections 444.760 to 444.790 shall apply only to those areas which are opened on or
44 after January 1, 1972, or to the extended portion of affected areas extended after that date.
45 The ef fective date of this section for minerals not previously covered under the provisions of
46 sections 444.760 to 444.790 shall be August 28, 1990.
47 4. All surface mining operations where land is affected after September 28, 1971,
48 which are under the control of any government agency whose regulations are equal to or
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49 greater than those imposed by section 444.774, are not subject to the further provisions of
50 sections 444.760 to 444.790, except that such operations shall be registered with the Missouri
51 mining commission.
52 5. Any portion of a surface mining operation which is subject to the provisions of
53 sections 260.200 to 260.245 and the regulations promulgated thereunder , shall not be subject
54 to the provisions of sections 444.760 to 444.790, and any bonds or portions thereof applicable
55 to such operations shall be promptly released by the commission, and the associated permits
56 cancelled by the commission upon presentation to it of satisfactory evidence that the operator
57 has received a permit pursuant to section 260.205 and the regulations promulgated
58 thereunder . Any land reclamation bond associated with such released permits shall be
59 retained by the commission until presentation to the commission of satisfactory evidence that:
60 (1) The operator has complied with sections 260.226 and 260.227, and the regulations
61 promulgated thereunder , pertaining to closure and postclosure plans and financial assurance
62 instruments; and
63 (2) The operator has commenced operation of the solid waste disposal area or sanitary
64 landfill as those terms are defined in chapter 260.
65 6. Notwithstanding the provisions of subsection 1 of this section, any political
66 subdivision which uses its own personnel and equipment or any private individual for
67 personal use may conduct in-stream gravel operations without obtaining from the commission
68 a permit to conduct such an activity .
69 7. Any person filing a complaint of an alleged violation of this section with the
70 department shall identify themself by name and telephone number , provide the date and
71 location of the violation, and provide adequate information, as determined by the department,
72 that there has been a violation. [ Any ] Records, statements, or communications submitted by
73 any person to the department relevant to the complaint shall [ remain confidential and used
74 solely by the department to investigate such alleged violation ] be available by req uest under
75 the Missouri sunshine law contained in chapter 610 with personally identifiable
76 information of the complainant red acted .
77 8. Beginning August 28, 2026, no person shall engage in or carry out a mining
78 operation for minerals within the state unless the person has first obtained a permit
79 fr om the dir ector . Any person who is engaged in or carrying out a mining operation
80 befor e August 28, 2026, and who will continue such operation after such date shall be
81 r equir ed to apply for a permit befor e Mar ch 1, 2027. Any such mining operation may
82 continue to mine metallic minerals while such application is pending. Persons engaged
83 in or carrying out a mining operation with an existing permit shall be exempt fro m the
84 new permit conditions until their existing permit expir es and they seek renew al. The
85 person applying for a permit shall apply on forms prescribed by the dir ector and shall
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86 submit such information as the dir ector may r equir e including, but not limited to, a
87 pr oposed plan for the recl amation or res toration, or both, of any mining area affected
88 by the mining operations to be conducted.
89 9. Befor e October 1, 2026, the dir ector , in consultation with the department of
90 conservation and political subdivisions, shall develop model standards and criteria for
91 mining, pr ocessing, and transporting minerals as defined in section 444.765. The
92 standards and criteria may be used by political subdivisions in developing local
93 ordinances that ref lect the needs of differ ent geographic ar eas of the state. The
94 standards and criteria developed shall r eflect those differ ences in various region s of the
95 state. The standards and criteria shall include:
96 (1) Recommendations for setback or buffer distances, in addition to any setback
97 or buffer distances r equir ed under section 444.771, that shall apply with res pect to the
98 following:
99 (a) Any res idence or res idential zoning district boundary;
100 (b) Any pr operty line or right-of-way line of any existing or pr oposed str eet or
101 highway;
102 (c) Ordinary high-water levels of public waters;
103 (d) Bluffs;
104 (e) Surface waters;
105 (f) Private wells;
106 (g) Wil dlife re fuges; and
107 (h) A natural r esource easement paid wholly or in part by public funds;
108 (2) Standards for hours of operation;
109 (3) Air monitoring and data submission requ irem ents;
110 (4) Dust control requ irem ents;
111 (5) Noise testing and mitigation plan req uire ments;
112 (6) Blast monitoring plan req uirements;
113 (7) Lighting requ irem ents;
114 (8) Inspection req uire ments;
115 (9) Containment req uire ments for silica sand in temporary storage to pr otect air
116 and water quality;
117 (10) Containment r equir ements for chemicals used in pr ocessing;
118 (1 1) Financial assurance r equir ements;
119 (12) Road and bridge impacts and requ irem ents; and
120 (13) Reclamation plan re quir ements as r equir ed under the rules adopted by the
121 dir ector of natural res our ces.
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122 10. Notwithstanding any prov ision of law to the contrary , a political subdivision
123 may enact or extend a local ordinance that pr ohibits new or expanded mining
124 operations without challenge fro m the state as it is in the best interes t of local public
125 welfar e to allow local governments to make such determinations.
126 1 1. Permit holders shall submit a repor t annually to the department that
127 includes, but is not limited to:
128 (1) The name and business addr ess of the permit holder;
129 (2) The addr esses of each tract of land fr om which the permit holder conducted
130 mining activities;
131 (3) The volume of each type of mineral mined fro m each tract of land governed
132 by the permit;
133 (4) The practices used to minimize light and noise pollution, and minimize
134 degradation to the surro unding community's air quality , water quality , public r oads,
135 scenic bluffs, and other landscapes;
136 (5) Data collected fr om gr oundwater , surface water , and air monitoring plans as
137 r equir ed by section 444.771;
138 (6) The total annual volume of emissions r eleased of each gree nhouse gas fr om
139 the mining facilities; and
140 (7) The total annual volume of discharge into adjacent bodies of water by
141 pollutant type.
444.771. [ Notwithstanding any other provision of law to the contrary , the commission
2 and the department shall not issue any permits under this chapter or under chapters 643 or 644
3 to any person whose mine plan boundary is within one thousand feet of any real property
4 where an accredited school has been located for at least five years prior to such application for
5 permits made under these provisions, except that the provisions of this section shall not apply
6 to any request for an expansion to an existing mine or to any undergr ound mining operation ]
7 No excavation or mining of any mineral including, but not limited to, digging,
8 excavating, mining, drilling, blasting, tunneling, dredg ing, stripping, or shafting, shall
9 occur within one mile of any wildlife r efuge designated by the Missouri conservation
10 commission under 3 CSR 10-12.105, surface water as defined under section 640.403,
11 state conservation area, state park, public land as defined by 43 U.S.C. Section 1702(e),
12 park in the National Parks System under 54 U.S.C. Section 100101 et seq., res idence, or
13 school. No operation that r efines cobalt, lithium, rare earth elements, lead, zinc, nickel,
14 cadmium, manganese, ir on, or silver , or manufactur es or re cycles prod ucts that contain
15 these elements shall occur within one mile of any wildlife ref uge designated by the
16 Missouri conservation commission under 3 CSR 10-12.105, surface water as defined
17 under section 640.403, state conservation ar ea, state park, public land as defined by 43
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18 U.S.C. Section 1702(e), park in the National Parks System under 54 U.S.C. Section
19 100101 et seq., r esidence, or school. This section shall not apply to mines, ref ineries,
20 manufacturing plants, or recycl ing plants in full operation on August 28, 2026 .
444.772. 1. Any operator desiring to engage in [ surface ] mining shall make written
2 application to the director for a permit.
3 2. The dire ctor shall req uire pr oof of notice as requi red under section 444.1 10
4 upon accepting an application for a new or expanding mining permit. The department
5 shall accept written comments fr om the public for sixty days after recei pt of an
6 application for permit.
7 3. Application for permit shall be made on a form prescribed by the commission and
8 shall include:
9 (1) The name of all persons with any interest in the land to be mined;
10 (2) The source of the applicant's legal right to mine the land affected by the permit;
11 (3) The permanent and temporary post of fice address of the applicant;
12 (4) Whether the applicant or any person associated with the applicant holds or has
13 held any other permits pursuant to sections 444.500 to 444.790, and an identification of such
14 permits;
15 (5) The written consent of the applicant and any other persons necessary to grant
16 access to the commission or the director to the area of land affected under application from
17 the date of application until the expiration of any permit granted under the application and
18 thereafter for such time as is necessary to assure compliance with all provisions of sections
19 444.500 to 444.790 or any rule or regulation promulgated pursuant to them. Permit
20 applications submitted by operators who mine an annual tonnage of less than ten thousand
21 tons shall be required to include written consent from the operator to grant access to the
22 commission or the director to the area of land af fected;
23 (6) A description of the tract or tracts of land and the estimated number of acres
24 thereof to be af fected by the [ surface ] mining of the applicant for the next succeeding twelve
25 months; [ and ]
26 (7) The nature and extent of the pro posed work, including the type of minerals
27 sought to be mined and the mining practices sought to be used for each type of mineral;
28 and
29 (8) Such other information that the commission may require as such information
30 applies to land reclamation.
31 [ 3. ] 4. The application for a permit shall be accompanied by a map in a scale and form
32 specified by the commission by regulation.
33 5. Any mining permit applicant shall submit a mine plan with its permit
34 application with the following information:
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35 (1) A hydr ogeological evaluation and any other information necessary for the
36 dir ector to assess potential impacts to hydr ogeological features, including private and
37 public drinking water supply wells;
38 (2) The res ults of an assessment of the water r esources needed for the operation,
39 how much of that water need is available onsite, and the impacts those water needs will
40 have on the surroun ding surface and groun dwater r esources ;
41 (3) Any adverse short-term and long-term envir onmental consequences that
42 cannot be avoided should the work be performed;
43 (4) Potential hazards of the prop osed mine, including dust, mine gases, or toxic
44 vapors escaping fro m the mine, and the potential for mine fir es and water
4 5 contamination that may res ult fr om operation of the mine;
46 (5) A conservation plan as requ ired by section 444.772 detailing the methods,
47 using best available technology , the pr oposed operation will use to:
48 (a) Minimize light and noise pollution, and minimize degradation to the
49 surr ounding community's air quality , water quality , water quantity , public road s, scenic
50 bluffs, and other landscapes;
51 (b) Minimize the impact on the HUC-8 watershed in which the pr oposed mining
52 operation is located;
53 (c) Reduce and mitigate impacts on biodiversity and gr eenhouse gas emissions
54 fr om mining activities; and
55 (d) Reduce and mitigate other public health and worker harms that can res ult
56 fr om mining the specific minerals intended by the mining permit applicant; and
57 (6) Plans for monitoring air quality and groun dwater and surface water quality
58 and quantity .
59 [ 4. ] 6. The application shall be accompanied by a bond, security or certificate meeting
60 the requirements of section 444.778, a geologic resources fee authorized under section
61 256.700, and a permit fee approved by the commission not to exceed one thousand dollars.
62 The commission may also require a fee for each site listed on a permit not to exceed four
63 hundred dollars for each site. If mining operations are not conducted at a site for six months
64 or more during any year , the fee for such site for that year shall be reduced by fifty percent.
65 The commission may also require a fee for each acre bonded by the operator pursuant to
66 section 444.778 not to exceed twenty dollars per acre. If such fee is assessed, the per -acre fee
67 on all acres bonded by a single operator that exceed a total of two hundred acres shall be
68 reduced by fifty percent. In no case shall the total fee for any permit be more than three
69 thousand dollars. Permit and renewal fees shall be established by rule, except for the initial
70 fees as set forth in this subsection, and shall be set at levels that recover the cost of
71 administering and enforcing sections 444.760 to 444.790, making allowances for grants and
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72 other sources of funds. The director shall submit a report to the commission and the public
73 each year that describes the number of employees and the activities performed the previous
74 calendar year to administer sections 444.760 to 444.790. For any operator of a gravel mining
75 operation where the annual tonnage of gravel mined by such operator is less than five
76 thousand tons, the total cost of submitting an application shall be three hundred dollars. The
77 issued permit shall be valid from the date of its issuance until the date specified in the mine
78 plan unless sooner revoked or suspended as provided in sections 444.760 to 444.790.
79 Beginning August 28, 2007, the fees shall be set at a permit fee of eight hundred dollars, a site
80 fee of four hundred dollars, and an acre fee of ten dollars, with a maximum fee of three
81 thousand dollars. Fees may be raised as allowed in this subsection after a regulation change
82 that demonstrates the need for increased fees.
83 [ 5. ] 7. An operator desiring to have his or her permit amended to cover additional
84 land may file an amended application with the commission. Upon receipt of the amended
85 application, and such additional fee and bond as may be required pursuant to the provisions of
86 sections 444.760 to 444.790, the director shall, if the applicant complies with all applicable
87 regulatory requirements, issue an amendment to the original permit covering the additional
88 land described in the amended application.
89 [ 6. ] 8. An operation may withdraw any land covered by a permit, excepting af fected
90 land, by notifying the commission thereof, in which case the penalty of the bond or security
91 filed by the operator pursuant to the provisions of sections 444.760 to 444.790 shall be
92 reduced proportionately .
93 [ 7. ] 9. Where mining or reclamation operations on acreage for which a permit has
94 been issued have not been completed, the permit shall be renewed. The operator shall submit
95 a permit renewal form furnished by the director for an additional permit year and pay a fee
96 equal to an application fee calculated pursuant to subsection 4 of this section, but in no case
97 shall the renewal fee for any operator be more than three thousand dollars. For any operator
98 involved in any gravel mining operation where the annual tonnage of gravel mined by such
99 operator is less than five thousand tons, the permit as to such acreage shall be renewed by
100 applying on a permit renewal form furnished by the director for an additional permit year and
101 payment of a fee of three hundred dollars. Upon receipt of the completed permit renewal
102 form and fee from the operator , the director shall approve the renewal. W ith approval of the
103 director and operator , the permit renewal may be extended for a portion of an additional year
104 with a corresponding prorating of the renewal fee.
105 [ 8. ] 10. Where one operator succeeds another at any uncompleted operation, either by
106 sale, assignment, lease or otherwise, the commission may release the first operator from all
107 liability pursuant to sections 444.760 to 444.790 as to that particular operation if both
108 operators have been issued a permit and have otherwise complied with the requirements of
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109 sections 444.760 to 444.790 and the successor operator assumes as part of his or her
110 obligation pursuant to sections 444.760 to 444.790 all liability for the reclamation of the area
111 of land affected by the former operator .
112 [ 9. ] 1 1. The application for a permit shall be accompanied by a plan of reclamation
113 that meets the requirements of sections 444.760 to 444.790 and the rules and regulations
114 promulgated pursuant thereto, and shall contain a verified statement by the operator setting
115 forth the proposed method of operation, reclamation, and a conservation plan for the af fected
116 area including approximate dates and time of completion, and stating that the operation will
117 meet the requirements of sections 444.760 to 444.790, and any rule or regulation promulgated
118 pursuant to them.
119 [ 10. At the time that a permit application is deemed complete by the director , ] 12.
120 W ithin one week of the submission of a permit application to the dir ector , the pro posed
121 operator shall publish a notice of [ intent to operate a surface mine ] the permit application:
122 (1) In any newspaper qualified pursuant to section 493.050 to publish legal notices in
123 any county where the land is located ; or
124 (2) On the official website of the county wher e the land is located . [ If the director
125 does not respond to a permit application within forty-five calendar days, the application shall
126 be deemed to be complete. ]
127
128 Notice in the newspaper shall be posted once a week for four consecutive weeks beginning no
129 more than ten days after the application is [ deemed complete ] submitted to the dir ector , or
130 if notice is published on the county website, such notice shall rem ain on the website for a
131 period of four weeks . The operator shall also send notice of [ intent to operate a surface
132 mine ] the permit application by certified mail to the governing body of the counties or cities
133 in which the proposed area is located, and to the last known addresses of all record
134 landowners whose property is:
135 [ (1) ] (a) W ithin [ two thousand six hundred forty feet, or one-half ] one mile from the
136 border of the proposed mine plan area; and
137 [ (2) ] (b) Adjacent to the proposed mine plan area, land upon which the mine plan area
138 is located, or adjacent land having a legal relationship with either the applicant or the owner
139 of the land upon which the mine plan area is located.
140
141 The notices shall include the name and address of the operator , a legal description consisting
142 of county , section, township and range, the number of acres involved, a statement that the
143 operator plans to mine a specified mineral during a specified time, and the address of the
144 commission. The notices shall also contain a statement that any person with a direct, personal
145 interest in one or more of the factors the director may consider in issuing a permit may
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146 request a public meeting [ or file written comments ] to the director no later than [ fifteen ]
147 thirty days following the final public notice publication date. If any person requests a public
148 meeting, the applicant shall cooperate with the director in making all necessary arrangements
149 for the public meeting to be held in a reasonably convenient location and at a reasonable time
150 for interested participants, and the applicant shall bear the expenses.
151 [ 1 1. ] 13. The director may approve a permit application or permit amendment whose
152 operation or reclamation plan deviates from the requirements of sections 444.760 to 444.790
153 if it can be demonstrated by the operator that the conditions present at the [ surface ] mining
154 location warrant an exception. The criteria accepted for consideration when evaluating the
155 merits of an exception or variance to the requirements of sections 444.760 to 444.790 shall be
156 established by regulations.
157 [ 12. ] 14. Fees imposed pursuant to this section shall become effectiv e August 28,
158 2007, and shall expire on December 31, 2030. No other provisions of this section shall
159 expire.
444.773. 1. All applications for a permit shall be filed with the director [ , who shall
2 promptly investigate the application and make a decision within six weeks after completion of
3 the process provided in subsection 10 of section 444.772 to issue or deny the permit ] with all
4 materials req uire d under section 444.772 . If the director determines that the application
5 has not fully complied with the provisions of section 444.772 or any rule or regulation
6 promulgated pursuant to that section, the director may seek additional information from the
7 applicant before making a decision to issue or deny the permit. The director shall publish
8 the permit application and allow for public comment under section 444.1 10. The director
9 shall consider [ any ] all public comments when making the decision to issue or deny the
10 permit. In issuing a permit, the director may impose reasonable conditions consistent with the
11 provisions of sections 444.760 to 444.790. The director's decision shall be deemed to be the
12 decision of the director of the department of natural resources and shall be subject to appeal to
13 the administrative hearing commission as provided by sections 640.013 and 621.250.
14 2. Whenever a [ surface ] mining operation permit provided under section 444.772 is
15 issued, denied, suspended, or revoked by the department of natural resources, any aggrieved
16 person, by petition filed with the administrative hearing commission within thirty days of the
17 decision, may appeal such decision as provided by sections 621.250 and 640.013. For
18 purposes of an appeal, the administrative hearing commission may consider , based on
19 competent and substantial scientific evidence on the record, whether an interested party's
20 health, safety or livelihood will be unduly impaired by the issuance, denial, suspension, or
21 revocation of the permit. The administrative hearing commission may also consider , based on
22 competent and substantial scientific evidence on the record, whether the operator has
23 demonstrated, during the five-year period immediately preceding the date of the permit
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24 application, a pattern of noncompliance at other locations in Missouri that suggests a
25 reasonable likelihood of future acts of noncompliance. In determining whether a reasonable
26 likelihood of noncompliance will exist in the future, the administrative hearing commission
27 may look to past acts of noncompliance in Missouri, but only to the extent they suggest a
28 reasonable likelihood of future acts of noncompliance. Such past acts of noncompliance in
29 Missouri, in and of themselves, are an insuf ficient basis to suggest a reasonable likelihood of
30 future acts of noncompliance. In addition, such past acts shall not be used as a basis to
31 suggest a reasonable likelihood of future acts of noncompliance unless the noncompliance has
32 caused or has the potential to cause, a risk to human health or to the environment, or has
33 caused or has potential to cause pollution, or was knowingly committed, or is defined by the
34 United States Environmental Protection Agency as other than minor . If a hearing petitioner
35 demonstrates or the administrative hearing commission finds either present acts of
36 noncompliance or a reasonable likelihood that the permit seeker or the operations of
37 associated persons or corporations in Missouri will be in noncompliance in the future, such a
38 showing will satisfy the noncompliance requirement in this subsection. In addition, such
39 basis must be developed by multiple noncompliances of any environmental law administered
40 by the Missouri department of natural resources at any single facility in Missouri that resulted
41 in harm to the environment or impaired the health, safety or livelihood of persons outside the
42 facility . For any permit seeker that has not been in business in Missouri for the past five
43 years, the administrative hearing commission may review the record of noncompliance in any
44 state where the applicant has conducted business during the past five years. The
45 administrative hearing commission shall issue a recommended decision to the commission on
46 permit issuance, denial, suspension, or revocation. The commission shall issue its own
47 decision, based on the appeal, for permit issuance, denial, suspension, or revocation. If the
48 commission changes a finding of fact or conclusion of law made by the administrative
49 hearing commission, or modifies or vacates the decision recommended by the administrative
50 hearing commission, it shall issue its own decision, which shall include findings of fact and
51 conclusions of law . The commission shall mail copies of its final decision to the parties to the
52 appeal or their counsel of record. The commission's decision shall be subject to judicial
53 review pursuant to chapter 536, except that the court of appeals district with territorial
54 jurisdiction coextensive with the county where the mine is located or is to be located shall
55 have original jurisdiction. No judicial review shall be available until and unless all
56 administrative remedies are exhausted.
444.786. Any person required by sections 444.760 to 444.790 to have a permit who
2 engages in the mining of minerals without previously securing a permit to do so as prescribed
3 by sections 444.760 to 444.790, is guilty of a misdemeanor , and upon conviction thereof shall
4 be fined not less than [ fifty ] five thousand dollars nor more than [ one ] ten thousand dollars.
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5 Each day of operation without the permit required by sections 444.760 to 444.790 will be
6 deemed a separate violation.
444.791. Befor e October 1, 2027, the dir ector , in consultation with political
2 subdivisions, shall establish and maintain a database on political subdivision ordinances
3 and political subdivision permits that have been appr oved for regula tion of mining
4 pr ojects for refe rence by other political subdivisions and the public.
444.991. As used in sections 444.991 to 444.995, the following terms mean:
2 (1) "Department", the department of natural res ource s;
3 (2) "Dir ector", the staff director of the Missouri mining commission or his or
4 her designee;
5 (3) "Pro cessing", washing, cleaning, scr eening, crushing, filtering, sorting,
6 pr ocessing, stockpiling, and storing silica sand, either at the mining site or at any other
7 site;
8 (4) "Silica sand", well-ro unded, sand-sized grains of quartz (silicon dioxide)
9 with few impurities in terms of other minerals. The term "silica sand" for the purposes
10 of sections 444.070 to 444.995 ref ers to quartz that is commerc ially valuable for use in
11 the hydraulic fracturing of shale to obtain oil and natural gas. Silica sand does not
12 include common ro ck, stone, aggr egate, gravel, sand with a low quartz level, or silica
13 compounds recove red as a by-pr oduct of metallic mining;
14 (5) "Silica sand pr oject", the mining, pr ocessing, and transportation of silica
15 sand by rail, barge, truck, or other means;
16 (6) "T emporary storage", the storage of stockpiles of silica sand that have been
17 transported and await further transport;
18 (7) "T ransporting", hauling and transporting silica sand by any carrier:
19 (a) Fr om the mining site to a pr ocessing or transfer site; or
20 (b) Fr om a pr ocessing or storage site to a rail car , barge, or transfer site for
21 transporting to destinations.
444.992. 1. Beginning August 28, 2027, any mining permit applicant for a
2 pr oject involving silica sand shall pr epare and submit to the dir ector an envir onmental
3 assessment worksheet if the pr oject:
4 (1) Excavates twenty or mor e acres of land to a mean depth of ten feet or mor e
5 during its existence; or
6 (2) Is designed to stor e or is capable of storing mor e than seven thousand five
7 hundr ed tons of silica sand or has an annual thr oughput of mor e than two hundr ed
8 thousand tons of silica sand.
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9 2. The dir ector shall develop an envir onmental assessment worksheet that the
10 applicant shall complete and the applicant shall prov ide the following information in the
11 worksheet:
12 (1) A hydr ogeologic investigation assessing potential gr oundwater and surface
13 water effects and geologic conditions that could creat e an incr eased risk of potentially
14 significant effects on grou ndwater and surface water;
15 (2) An air quality impact assessment that includes an assessment of the potential
16 effects fr om airborne particulates and dust;
17 (3) A traffic impact analysis, including documentation of existing transportation
18 systems, analysis of the potential effects of the pr oject on transportation, and mitigation
19 measur es to eliminate or minimize adverse impacts;
20 (4) An assessment of compatibility of the pro ject with other existing uses; and
21 (5) Mitigation measur es that could eliminate or minimize adverse envir onmental
22 effects for the project .
23
24 The pr ovisions of this subsection shall apply to new applications and any application for
25 a permit r enewal submitted on or after August 28, 2026.
444.993. 1. Beginning August 28, 2027, any applicant for a mining permit for a
2 pr oject that involves the mining of cobalt shall pr epar e and submit to the director an
3 envir onmental assessment worksheet under this section due to the significant health and
4 envir onmental impacts of cobalt extraction, including cancer ous and noncancer ous
5 human toxicity , eutrophic ation, fr eshwater ecotoxicity , land degradation, ozone
6 depletion, and incr eased occurr ence of extr eme weather events.
7 2. The dir ector shall develop an envir onmental assessment worksheet that all
8 applicants for cobalt mining projects shall complete and the applicants shall provi de
9 information in the worksheet including, but not limited to:
10 (1) A hydr ogeologic investigation assessing potential gr oundwater and surface
11 water effects and geologic conditions that could creat e an incr eased risk of potentially
12 significant effects on grou ndwater and surface water;
13 (2) An assessment outlining toxicity exposur e risks to all mine employees and to
14 all res idents within thr ee miles of the pr oposed mining site, considering the transport of
15 toxins in the air , surface water , and gr oundwater;
16 (3) An air quality impact assessment that includes an assessment of the potential
17 effects fr om airborne particulates and dust;
18 (4) A traffic impact analysis, including documentation of existing transportation
19 systems, analysis of the potential effects of the pr oject on transportation, and mitigation
20 measur es to eliminate or minimize adverse impacts;
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21 (5) An assessment of compatibility of the pro ject with other existing uses; and
22 (6) Mitigation measur es that could eliminate or minimize any adverse
23 envir onmental effects of the pr oject.
444.994. 1. Beginning August 28, 2027, any applicant for a mining permit for a
2 pr oject that involves the mining of a rare earth element shall pr epar e and submit to the
3 dir ector an envir onmental assessment worksheet under this section due to the
4 significant health and envir onmental impacts of rare earth element extraction,
5 including human toxicity due to exposur e to car cinogens in air emissions and heavy
6 metals and radioactive compounds in wastewater discharge.
7 2. The dir ector shall develop an envir onmental assessment worksheet that all
8 applicants for rar e earth element mining project s shall complete and the applicants shall
9 pr ovide information in the worksheet including, but not limited to:
10 (1) A hydr ogeologic investigation assessing potential gr oundwater and surface
11 water effects and geologic conditions that could creat e an incr eased risk of potentially
12 significant effects on grou ndwater and surface water;
13 (2) An assessment outlining toxicity exposur e risks to all mine employees and to
14 all res idents within thr ee miles of the pr oposed mining site, considering the transport of
15 toxins in the air , surface water , and gr oundwater;
16 (3) An air quality impact assessment that includes an assessment of the potential
17 effects fr om airborne particulates and dust;
18 (4) A traffic impact analysis, including documentation of existing transportation
19 systems, analysis of the potential effects of the pr oject on transportation, and mitigation
20 measur es to eliminate or minimize adverse impacts;
21 (5) An assessment of compatibility of the pro ject with other existing uses; and
22 (6) Mitigation measur es that could eliminate or minimize any adverse
23 envir onmental effects of the pr oject.
444.995. 1. The dir ector shall adopt rules pertaining to the contro l of particulate
2 emissions fro m mining operations involving silica sand, cobalt, rar e earth elements,
3 ir on, and lead.
4 2. The dir ector shall adopt rules pertaining to the reclamat ion of mines involving
5 silica sand, cobalt, rar e earth elements, iron , and lead.
6 3. Befor e January 1, 2027, the department of health and senior services shall
7 adopt an air quality health-based value for silica sand, cobalt, rare earth elements, iro n,
8 and lead.
9 4. Befor e January 1, 2027, the dire ctor shall adopt rules pertaining to the
10 liability of mine operators and mine landowners for radioactive waste transport into
11 soils, air , and water sources that can harm human health.
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12 5. The dir ector shall pr omulgate all necessary rules and regu lations for the
13 administration of this section. Any rule or portion of a rule, as that term is defined in
14 section 536.010, that is crea ted under the authority delegated in this section shall
15 become effective only if it complies with and is subject to all of the provi sions of chapter
16 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
17 and if any of the powers vested with the general assembly pursuant to chapter 536 to
18 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
19 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
20 adopted after August 28, 2026, shall be invalid and void.
✔
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