§ 444.850 — Publication of intent — notification to local governments — comments and objections may be filed, procedure — conferences, findings — hearings — appeals.

Missouri § 444.850

• Jurisdiction: Missouri
• Title XXIX: OWNERSHIP AND CONVEYANCE OF PROPERTY
• Ch. 444: Rights and Duties of Miners and Mine Owners

Text

1.  At the time of submission of an application for a surface coal mining and reclamation permit, or renewal or revision of an existing permit, the applicant shall submit 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 director shall within ten days after the application is filed notify various local governmental bodies, planning agencies, sewage and water treatment authorities, and 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 copy of the proposed mining and reclamation plan may be inspected.  These local bodies, agencies, authorities, or companies may submit written comments within sixty days after the application is filed on the mining applications with respect to the effect of the proposed operation on the environment which are within their area of responsibility.  Such comments shall immediately be transmitted to the applicant by the director and shall be made available to the public at the same locations as are the mining applications.

2.  Any person having an interest which is or may be adversely affected or the officer or head of any federal, state, or local governmental agency or authority shall have the right to file written objections to the proposed initial or revised or renewal application for a permit for surface coal mining and reclamation operation with the director within sixty days after the application is filed.  Such objections shall immediately be transmitted to the applicant by the director and shall be made available to the public.  The applicant or the objector may, within thirty days after filing of objections, request an informal conference with the director.  The director shall hold an informal conference in the locality of the proposed mining, if requested, within thirty days of the receipt of such request.  The date, time and location of such informal conference shall be advertised by the director in a newspaper of general circulation in the locality at least two weeks prior to the scheduled conference date.  The director may arrange with the applicant, upon request by any party to the administrative proceeding, access to the proposed mining area for the purpose of gathering information relevant to the proceeding.  An electronic or stenographic record shall be made of the conference proceeding, unless waived by all parties.  Such record shall be maintained and shall be accessible to the parties until final release of the applicant's performance bond.  In the event all parties requesting the informal conference stipulate agreement prior to the requested informal conference and withdraw their request, such informal conference need not be held.

3.  If an informal conference has been held, the director shall make written findings granting, requiring modification of or denying the permit in whole or in part and stating the reasons therefor, within sixty days of said conference, and shall furnish the applicant and all parties to the proceedings a copy of said findings.

4.  If there has been no informal conference, the director shall, within sixty days after the last publication of notice in subsection 1, make written findings granting, requiring modification of or denying the permit in whole or in part and stating the reasons therefor, and shall furnish the applicant a copy of said findings.

5.  If the application is approved, the permit shall be issued.  If the application is disapproved, specific reasons therefor must be set forth in the notification.  Within thirty days after the applicant is notified of the final decision of the director on the permit application, the applicant or any person with an interest which is or may be adversely affected may request a hearing on the reasons for final determination.  The commission shall hold a hearing within thirty days of such request and provide notification to all interested parties at the time that the applicant is so notified.  Such hearing shall be of record and a contested case.  The chairman may designate one commission member as hearing officer, or may appoint a member in good standing of the Missouri Bar as hearing officer to hold the hearing and make recommendations to the commission, but the commission shall make the final decision thereon, and any commission member participating in the decision shall review the record before making decision.  Within thirty days after the hearing the commission shall issue and furnish the applicant, and all persons who participated in the hearing, with the written decision of the commission granting, requiring modification of or denying the permit in whole or in part and stating the reasons therefor.

6.  Where a hearing is requested pursuant to subsection 5 the commission may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:

(1)  All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;

(2)  The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and

(3)  Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.

7.  For the purpose of such hearing, the commission or hearing officer may administer oaths, subpoena witnesses, or written or printed materials, compel attendance of the witnesses, or production of the materials, and take evidence including but not limited to site inspections of the land to be affected and other surface coal mining operations carried on by the applicant in the general vicinity of the proposed operation.  A verbatim record of each public hearing shall be made, and a transcript made available on the motion of any party or by order of the commission.

8.  Any applicant or any person with an interest which is or may be adversely affected who has participated in the administrative proceedings, and who is aggrieved by the decision of the commission or if the commission fails to act within the time limits specified, shall have the right to appeal in accordance with section 444.900 .

Legislative History

(L. 1979 H.B. 459) (2004) Subsection 8 of section does not confer standing on basis of status as economic competitor of permit applicant.  Continental Coal, Inc. v. Missouri Land Reclamation Commission, 150 S.W.3d 371 (Mo.App.W.D.).