CHAPTER 667

An Act to require licenses for certain surface mining operutions and to
fix conditions for issuance thereof; to provide that certain reclamation
be performed by licensees and for inspection thereof; to authorize
reclamation to be performed or contracted for by the Department of
Conservation and Economic Development under certain circumstances;
to create a Board of Reclamation Review and to provide for appeals
from rulings of such board; to provide penalties for violations; and
to create a special fund for reclamation purposes and provide for
expenditures therefrom.

fH 181}

Approved April 6, 1966

1. § 1. The following words and phrases when used in this chapter shall
have the meanings respectively ascribed to them in this section except
where the context clearly requires a different meaning:

(a) Strip mining—tThe process of recovering coal by removing the
strata, earth, or materials, hereinafter referred to as the overburden,
which overlie coal deposits in their natural state.

(b) Disturbed land—The areas from which overburden has been
removed in coal mining operations, plus the area covered by the spoil, plus
any areas used in such mining operations which by virtue of their use are
susceptible to excess erosion. Access roads serving as fire breaks whose
purpose is primarily for fire fighting or continued use are excluded from
this definition, but the banks thereof are included.

(c) Overburden—All of the earth and other material which lie above
a natural deposit of coal and also other materials after removal from their
natural state in the process of strip mining.

(d) Spoil bank—A deposit of removed overburden.

(e) Operator—Any individual, group of individuals, corporation,
partnership, business trust, association or any other legal entity which
is engaged in strip mining and which disturbs more than one-quarter
acre of land or removes, or intends to remove, more than one hundred tons
of coal in any twelve month period from any such land by such strip
mining.

(f) Director—The Director of the Department of Conservation and
Economic Development.

(g) Department—The Department of Conservation and Economic
Development.

(h) Division—The Division of Mines of the Department of Labor
and Industry.

(i) Chief—Chief of the Division of Mines.

§ 2. It shall be unlawful for any person or operator to engage in
strip mining of coal in this State, without having first obtained from the
Division a permit to engage in such operation and paying a fee therefor
of one hundred fifty dollars, which shall be deposited in the State Treasury
in a special fund to be used by the Director in performing reclamations
under the provisions of this act. Application for a strip mining permit shall
be made in writing on forms prescribed by the Chief and shall be signed
and sworn to by the applicant or his duly authorized representative. The
application, in addition to such other information as may be reasonably
required by the Chief, shall contain the following information: (1) the
common name and geologic title, where applicable, of the seam of coal
to be extracted; (2) a description of the land upon which the applicant
proposes strip mining operations, which description shall set forth: the
name of the county or city in which such land is located; the location of
its boundaries and any other description of the land to be disturbed in
order that it may be located and distinguished from other lands and
easily ascertainable as shown by a map attached thereto showing the
amount of land to be disturbed; (3) the name and address of the owner
or owners of the surface of the land; (4) the name and address of the
owner or owners of the coal; (5) the source of the operator’s legal right
to enter and conduct operations on the land to be covered by the permit;
(6) the total number of acres of land to be covered by the permit; (7) a
reasonable estimate of the number of acres of land that will be disturbed
by mining on the area to be covered by the permit during the ensuing year;
(8) whether any mining permits are now held by the applicant and the
number thereof; (9) the name and address of the applicant, if an indi-
vidual; the names and addresses of all partners, if a partnership; the state
of incorporation and the name and address of its registered agent, if a
corporation; or, the name and address of the trustee, if a trust; and (10)
if known, whether applicant, any subsidiary or affiliate or any partnership,
association, trust or corporation controlled by or under common control
with applicant, or any person required to be identified by item (9) above,
has ever had a mining permit issued under the laws of this or any other
State revoked or has ever had a strip mining bond, or security deposited
in lieu of bond, forfeited.

No permit shall be issued by the Division until it has received approval
in writing from the Department of the plan of reclamation required in
§ 3 and the bond from the applicant as required in § 4.

§ 8. At the time of filing an application for a permit, each operator
shall file with the Division a plan for reclamation of all disturbed land esti-
mated to result from the mining operations for which a permit is sought.
The plan for reclamation shall then be submitted to the Director on a form
to be prescribed by the Director and shall contain such information as the
Director may require. The plan shall contain an agreement by the
operator to:

(1) Remove metal, lumber and other debris resulting from mining
operations.

(2) Regrade the area in a manner to be established by rules and
regulations of the Director, which shall include the following:

(a) Grade the surface of all deposits of removed overburden so as
to reduce the peaks and the depressions between peaks to a surface which
will be a gently rolling topography. Such grading shall be done in a way
as will minimize erosion due to rainfall, minimize grades between peaks
and make the surface more suitable for grazing, tree growing, tree cutting
or recreation.

(b) Grade the surface in such a manner as to preserve existent
access truck roads and truck roads on and along the bench, and to grade
the surface on areas where truck roads do not exist in such a manner that
serviceable truck roads may be constructed with minimum cost by persons
other than the operator for the purposes of forest fire control or recreation.

(c) Grade loose coal, refuse and other debris on the bottom of the
last cut so as to reduce the piles of such material in accordance with good
conservation practices.

(d) Plant trees, shrubs, grasses or other plants upon the parts of
such area where revegetation is practicable.
(e) Where the operator elects to impound water to provide lakes
or ponds for wildlife, recreational or water supply purposes, such operator
shall file a formal request with the Department and obtain approval before
such ponds or lakes can be created in impounding such water.

§ 4. Each operator at the time of filing his application shall furnish
bond on a form to be prescribed by the Chief payable to the Department
and conditioned that the operator shall faithfully perform all of the re-
quirements of this act and of the plan and directions for reclamation as
approved and directed by the Department. The amount of bond shall be
seventy-five dollars per acre, based upon the number of acres of land which
the operator estimates will be disturbed by strip mining during the next
ensuing year. The minimum amount of bond furnished shall be twenty-
five hundred dollars. Such bond shall be executed by the operator and
by a corporate surety licensed to do business in this State: provided, how-
ever, that in lieu of such bond the operator may deposit cash or collateral
security acceptable to the Chief.

§ 5. Upon receipt of the plan for reclamation and bond prescribed
above, the Director shall review the plan and if it meets his approval
certify this fact to the Division. If the Director disapproves the plan, he
shall furnish the applicant and the Division with his written objections
thereto and his required amendments. Until the applicant shall amend
his plan of reclamation to meet the Director’s objections and file a satis-
factory amended plan with the Director, no permit shall be issued.

Upon receipt of the Director’s approval and the required bond, the
Chief shall issue the permit unless he finds that the applicant has had con-
trol or has had common control with a person, partnership, association,
trust or corporation which has had a surface or strip mining permit
revoked or bond or other security forfeited for failure to reclaim lands as
required by the laws of this State, in which event no permit shall be issued.
Except, however, if an operator who has heretofore forfeited a bond pays
the cost of reclamation in excess of the amount of the forfeited bond, such
operator shall then, upon compliance with the provisions of this act become
eligible for a permit.

§ 6. Within thirty days following the anniversary date of the issu-
ance of any permit the operator shall post additional bond in the amount
of fifty dollars per acre for each additional acre of land estimated by him
to be disturbed during the next year following the anniversary date of
the permit. At this time bond previously posted may be released for any
area upon which reclamation work has been completed and the approval
of the Director obtained in accordance with the following:

The operator shall file with the Department a written report on a
form to be prescribed by the Department stating under oath that reclama-
tion has been completed on certain lands and submit the following:

(a) Identification of the operation; (b) the county or city in which
it is located and its location with reference to the nearest public highway ;
(c) a description of the area of land affected by the operation within the
period of time covered by such report with sufficient certainty to enable
it to be located and distinguished from other lands; (d) a map certified
by a licensed land surveyor or engineer showing the boundary lines of
the area of land affected by the operation, the number of acres compris-
ing such area and the methods of access to the area from the nearest
public highway.

§ 7. Upon receipt of the report called for in § 6, the Director shall
cause an inspection to be made of the land described in the report. If
he shall approve the reclamation work completed by the operator, he
shall notify the Division in writing and it shall order the return of the
bond or other security to the operator at the rate of fifty dollars per acre
for each acre of land or part thereof satisfactorily reclaimed and upon
satisfactory completion of the reclamation of the disturbed area, the Divi-
sion shall order the return of the balance of the bond or other security
then remaining. If the Director does not approve the reclamation work, he
shall notify the operator immediately in writing and advise him of what
additional steps he deems necessary to satisfactorily complete the reclama-
tion. In such event, the operator shall have ninety days from the receipt of
the Director’s order to begin such additional reclamation and present
satisfactory evidence to the Director that such work is in progress. The
bond or other security posted by the operator for such land shall not be
refunded until he has obtained the Director’s approval as aforesaid, and
the Director has notified the Division in writing to this effect.

If the operator does not undertake to complete the reclamation in
accordance with the notification of the Director and submit evidence to
the Director that such work is in progress within ninety days of such
order or within such additional period of time not to exceed six months
which may be granted the Director for cause shown, the Director shall
request, and the Chief shall order a forfeiture of the bond or other security
posted by the operator at the rate of fifty dollars per acre or part thereof
for each acre of land involved. The Chief shall certify the fact of forfeiture
to the Attorney General who shall proceed to collect the amount thereof,
which, when collected, shall be deposited in the State treasury in a special
fund to be used by the Director in performing reclamation under the pro-
visions of this act. Furthermore, following the order of forfeiture the
Director shall perform such reclamation operations as he deems necessary
with the resources and facilities of his Department or as provided by
§ 18 hereof, the cost thereof to be paid from the proceeds of the special
fund above created.

§ 8. If, during any operation, it is found that the operator’s esti-
mate of the amount of disturbed land for which bond or other security
has been posted for reclamation is less than the actual area disturbed,
the Chief shall order the operator to file additional bond or security
aeons to cover an amended estimate of land to be disturbed by such
operati

§ 9. "It shall be unlawful for any owner or owners of surface rights
or the owner or owners of mineral] rights to interfere with the operator
in the discharge of his obligations to the State for the reclamation of
lands disturbed by him. If the owner or owners of surface rights or the
owner or owners of mineral rights desire to conduct other mining opera-
tions on lands disturbed by the operator furnishing bond hereunder, such
owner or other person shall be in all respects subject to the provisions
of this act and the Chief shall then release an equivalent amount of bonds
of the operator originally furnishing bond on the disturbed area.

§ 10. Any operator holding a valid commercial mining license under
which strip mining operations are being conducted shall comply with
the provisions hereof within sixty days after the effective date of this
act and obtain a permit under § 2 hereof or forfeit his right to conduct
strip mining operations under such license.

§ 11. All provisions of the mining laws of this State intended to
safeguard life and property shall extend to all strip mining operations
insofar as such laws are applicable thereto. The Chief shall have the
power and authority to promulgate reasonable rules and regulations to
effectuate the purposes of this act and to protect the safety of those
employed in and around surface mines. For the administration of mining
laws and regulations, all strip mining operations shall be supervised by
the Division.

§ 12. Any violation of any provision of this act or of any order of
the Director or Chief shall be a misdemeanor punishable by a maximum
fine of one thousand dollars or a maximum of one year in jail, or both.
§ 18. An appeal from any order, rule or regulation of the Depart-
ment or Division shall be taken first to the Board of Reclamation Review
hereinafter created. Such appeals shall be taken within twenty-one days
following the issuance of such order, rule or regulation. Any party desiring
to appeal shall file with the Board of Reclamation Review a notice of
appeal designating the order, rule or regulation appealed from, and send
a copy thereof by registered mail to the Director or the Chief issuing such.

Upon receipt thereof, the Board shall set the hearing at a place within
the county where the major portion of the land involved in the order,
rule or regulation appealed from is located and such hearing shall be held
by the Board within sixty days of the date notice of appeal is received.

The Board shall have the power to subpoena and bring before it any
person in this State or take testimony of any such person by deposition
with the same fees and mileage in the same manner as prescribed by law
in judicial procedure in courts of this State in civil cases. Any party to
any hearing before the Board shall have the right to the attendance of
witnesses in his behalf at such hearing upon making request therefor
to the Board and designating the person or persons sought to be subpoenaed.

The Board after conducting a hearing shall enter an opinion either
affirming the order, rule or regulation appealed from or modifying it
and such opinion shall be final unless appealed to the court.

14. There is hereby created the Board of Reclamation Review to
be composed of the Director of the Department of Conservation and Eco-
nomic Development and two members to be appointed by the Governor, one
of whom shall be a coal strip mining operator who has been engaged in
such operation continuously for five years preceding his appointment,
and one property owner who at the time of his appointment owns
land or is an executive officer of a corporation which owns land
upon which strip mining operations have been or are being conducted.
The appointive members shall serve for terms of four years each, except
appointments to fill vacancies which shall be for unexpired terms, all of
whom shall hold office at the pleasure of the Governor for their respective
terms. The Board shall elect its own chairman. The members of the
Board shall receive no compensation for their services but shall be en-
titled to receive their necessary traveling and other expenses incurred in
the performance of their duties. The sole duty of the Board shall be to
hear appeals from orders issued by the Department or Division under this
act, and the procedure for determining such appeals shall be as provided
by § 18 hereof.

§ 15. Any person aggrieved by any opinion issued by the Board
shall have the right of appeal to the circuit court of the county in which
the land or a major portion thereof which is involved in the opinion
appealed from, is located. Such appeal shall be filed within twenty-one
days after the opinion is rendered. The filing of an appeal hereunder
shall not automatically stay the effect of the opinion appealed from, but,
if on application to the court, undue hardship is shown to result, the
court in its discretion may suspend the execution thereof and fix the terms.

§ 16. In approving plans of reclamation and in issuing rules and
regulations for reclamation, the Director may avail himself and his De-
partment of the advice, assistance and facilities of local soil and water
conservation district supervisors.

§ 17. In addition to other legal processes, the Division or Depart-
ment may seek injunctive relief to enforce any order, rule or regulation
issued by it.

§ 18. The Director, in performing reclamation work under this act,
may enter into contracts for the performance of such work with any in-
dividual, group of individuals, corporation, company, partnership or similar
business entity, any soil conservation district, or any agency of the State or
federal government. After a contract is entered into by the Director with
anyone other than the operator, the operator shall be relieved from all
further liability and responsibility in reference to reclamation of the
disturbed land.