SCS/SB 1306 - This act pertains to environmental regulation, in particular the Land Reclamation Commission.

This act expands the definitions in Section 444.765 to include, "commercial purpose", "construction", "excavation", "fill dirt", "land improvement", "mining", "public entity", "quarry" and adds to the standing definition of "surface mining" to clarify that such mining shall not mean excavations of minerals or fill dirt from real property in preparation for construction. The definition for "beneficiation" was added and others were modified, "commercial purpose" and "construction". Language was added with this substitute that would exclude excavation or removal of overburden for purposes of mining for a commercial purpose or for purposes of reclamation of land subjected to surface mining from the definition provided in the act.

Powers of the commission are expanded upon in this act, language clarifying that the commission shall have no authority to regulate the excavation of minerals or fill dirt for construction purposes. The commission shall not have the authority to regulate commerce in the sale of minerals, this includes enforcing regulations or policies protecting or establishing markets for operators of surface mining. The powers authorized in this act shall be utilized to promote the reclamation of land from surface mining for the purposes of restoration.

This act states that no person, public entity, or contractor shall be required to obtain a permit to move mineral or fill dirt within the confines of real property where the excavation occurs for the primary purpose of construction at the site of the excavation. It shall be a rebuttable presumption that excavations are for the purposes of construction if:

(1) Excavation is performed pursuant to engineering plans for construction on the real property provided those plans were prepared by an architect, professional engineer or landscape architect;

(2) There is a written contract for work which establishes the date(s) for work, terms of payment for the work, and requires excavation for purposes of construction.

Language was added to clarify that it shall be a rebuttable presumption that excavations purported to be for the purposes of construction are surface mining if minerals removed from the site are in quantities greater than required to perform on engineering plans to comply with work required by a written contract.

This act states that any person engaged in land improvement involving the moving of minerals or fill dirt may or may not be required to obtain a permit pursuant to a determination by the commission as to whether activity on the real property constitute surface mining. It shall be a rebuttable presumption that such activities are for the purpose of mining if:

(1) The real property has been designated as a surface mine by the federal Mine Safety and Health Administration;

(2) Minerals from the property are sold on a frequent on- going basis;

(3) A pit, peak or ridge persists on the property as consistent with plans for land improvement and which endangers the health, safety or welfare of the general public.

It shall be presumed that land improvement activities are not for the purposes of mining if minerals removed from the site are excess minerals that cannot be used on-site for any practical purpose and at no time are subjected to crushing, screening or other means of beneficiation with the exception of removing tree limbs and stumps:

(1) The real property has been approved by a recognized zoning authority for designated use other than as a quarry;

(2) Surety bonds have been provided by the property owner as required for purposes other than mining;

(3) Performance or payment bonds have been provided by a contractor as required by a public entity pursuant to Section 107.170 RSMo;

(4) The land improvement is for the purpose of preparing the property for agricultural purposes.

This act states that if a determination is made that a surface mining permit is needed for real property which is purported to be for the purposes of construction, such determination shall be communicated to the property owner. That notification is laid out in the act. The act adds various subdivisions relating to the informal conference scheduled with the director who shall then, issue a written determination within thirty calendar days after such conference. The written request must be filed at least seven days prior to the commission meeting unless an agreement between the director and the person filing the request has been made to place the matter on a future agenda for the commission. Until a final written determination has been issued, the activity may continue at the site in dispute. If the final determination is that a permit is required, all fees provided by statute and/or commission rule shall apply. If the determination is that a permit is not required, no fees shall be required by the director. The burden of proof to establish that a permit is required shall be on the director, that establishing that a permit is not required shall be on the person receiving a written determination that a permit is required. The process set out in this subsection shall not be subject to hearing requirements of Section 444.789, RSMo.

Finally, this act authorizes the imposition of additional penalties up to double the cumulative total of penalties levied by this act.

Provisions in this act are similar to provisions in SS/SCS/HCS/HB 1277.
MEGAN CRAIN