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PAG LIN 1 1 Section 1. Section 208.1, Code 1995, is amended to read as 1 2 follows: 1 3 208.1 POLICY. 1 4 It is the policy of this state to provide for the 1 5 reclamation and conservation of land affected bysurfacethe 1 6 mining of gypsum, clay, stone, sand, gravel, or other ores or 1 7 mineral solids, except coal, and thereby to preserve natural 1 8 resources, protect and perpetuate the taxable value of 1 9 property, and protect and promote the health, safety and 1 10 general welfare of the people of this state. 1 11 Sec. 2. Section 208.2, Code 1995, is amended to read as 1 12 follows: 1 13 208.2 DEFINITIONS. 1 14 When used in this chapter, unless the context otherwise 1 15 requires: 1 16 1. "Administrator" means thedivisionadministrator of the 1 17 division of soil conservation or a designee. 1 18 2. "Affected land" means the area of land from which over- 1 19 burden has been removed or upon which overburden has been de- 1 20 posited orbothland which has otherwise been disturbed, 1 21 changed, influenced, or altered in any way in the course of 1 22 mining, includingcrushing areasprocessing and stockpile 1 23 areas but not including roads. 1 24 3. "Committee" means the state soil conservation 1 25 committee. 1 26 4. "Division" means the division of soil conservation 1 27 within the department of agriculture and land stewardship. 1 28 5."Mine" means any underground or surface mine developed1 29and operated for the purpose of extracting any ores or mineral1 30solids except coal."Exploration" means the mining of limited 1 31 amounts of any mineral to determine the location, quantity, or 1 32 quality of the mineral deposit. 1 33 5A. "Highwall" means the unexcavated face of exposed 1 34 overburden and mineral in a surface mine. 1 35 6. "Minesite" or "mine site" means a site wheresurface2 1 mining is being conducted or has been conducted in the past 2 2and the operator anticipates further surface mining2 3operations, or the surface operation related to an underground2 4mine. 2 5 7. "Mineral" means gypsum, clay, stone, sand, gravel, or 2 6 other ores or mineral solids, except coal. 2 7 8. "Mining" means the excavation of gypsum, clay, stone, 2 8 sand, gravel, or other ores or mineral solids, except coal, 2 9 for sale or for processing or consumption in the regular 2 10 operation of a business and shall include surface mining and 2 11 underground mining. 2 12 9. "Mining operation" means activities conducted by an 2 13 operator on a mine site relative to the excavation of minerals 2 14 and shall include disturbing overburden, excavation, and 2 15 processing of minerals, stockpiling and removal of minerals 2 16 from a site, and all reclamation activities conducted on a 2 17 mine site. 2 187.10. "Operator" means any person, firm, partnership,or2 19 corporation, or political subdivision engaged in and 2 20 controlling a mining operationbut shall not include a2 21political subdivision of the state of Iowa. 2 228.11. "Overburden" means all of the earth and other 2 23 materials which lie above natural mineral depositsof gypsum,2 24clay, stone, sand, gravel or other minerals,and includes all 2 25 earth and other materials disturbed from their natural state 2 26 in the process ofsurfacemining. 2 279. "Peak" means a projecting point of overburden removed2 28from its natural position and deposited elsewhere in the2 29process of surface mining.2 3010. "Pit" means a tract of land from which overburden has2 31been or is being removed for the purpose of surface mining.2 32 12. "Pit floor" or "quarry floor" means the lower limit of 2 33 a surface excavation to extract minerals. 2 34 13. "Political subdivision" means any county, district, 2 35 city, or other public agency within the state of Iowa. 3 1 14. "Reclamation" means the process of restoring disturbed 3 2 lands to the premined uses of the lands or other productive 3 3 uses. 3 411. "Ridge" means a lengthened elevation of overburden3 5removed from its natural position and deposited elsewhere in3 6the process of surface mining.3 712.15. "Surface mining" meanstheminingof gypsum, clay,3 8stone, sand, gravel or other ores or mineral solids for sale3 9or for processing or consumption in the regular operation of a3 10businessby removing the overburden lying above the natural 3 11 deposits andminingexcavating directly from the natural 3 12 deposits exposed, or byminingexcavating directly from 3 13 deposits lying exposed in their natural state and shall 3 14 include dredge operations conducted in or on natural waterways 3 15 or artificially created waterways within the state.Removal3 16of overburden and mining of limited amounts of any ores or3 17mineral solids shall not be considered surface mining when3 18done only for the purpose and to the extent necessary to3 19determine the location, quantity, or quality of the natural3 20deposit, if the ores or mineral solids removed during3 21exploratory excavation or mining are not sold, processed for3 22sale, or consumed in the regular operation of a business.3 2313.16. "Topsoil" means the natural medium located at the 3 24 land surface with favorable characteristics for the growth of 3 25 vegetation. 3 26 17. "Underground mining" means mining by digging or 3 27 constructing access tunnels, adits, ramps, or shafts and exca- 3 28 vating directly from the natural mineral deposits exposed. 3 29 Sec. 3. Section 208.7, Code 1995, is amended to read as 3 30 follows: 3 31 208.7 MINING LICENSE. 3 32No person, firm, partnership, or corporationAn operator 3 33 shall not engage insurfaceminingor operation of an3 34underground mine or mines,as defined by section 208.2, 3 35 without first obtaining a license from the division. Licenses 4 1 shall be issued upon approval by the division following 4 2 application by the operator. Applications shall be submitted 4 3 on a form provided by the division and shall be accompanied by 4 4 a fee of fifty dollars. Each applicant shall be required to 4 5 furnish on the form information necessary to identify the 4 6 applicant. Licenses shall expire on December 31 of each year 4 7 and shall be renewed by the division upon application 4 8 submitted within thirty days prior to the expiration date and 4 9 accompanied by a fee of ten dollars. However, a political 4 10 subdivision shall not be required to pay a license application 4 11 or renewal fee. 4 12 Sec. 4. Section 208.8, Code 1995, is amended to read as 4 13 follows: 4 14 208.8 SUSPENSION OR REVOCATION OF LICENSE– REFUSAL TO4 15RENEW. 4 16 1. The division may,with approval of the committee,4 17commence proceedings to suspend, revoke, or refuse to renew a4 18license of any licenseefor repeated or willful violation of 4 19 any of the provisions of this chapter, initiate an action to 4 20 suspend, revoke, or refuse to issue a mining license. 4 21 2. The division shall, by certified mail or personal 4 22 service, serve on thelicenseeoperator notice in writing of 4 23 the charges and grounds upon which the license is to be 4 24 suspended, revoked, or will not berenewedissued. The notice 4 25 shall include the time and the place at which a hearing shall 4 26 be held before the committee, a subcommittee appointed by the 4 27 committee, or the committee's designee, to determine whether 4 28 to suspend, revoke, or refuse torenewissue the license. The 4 29 hearing shall be not less than fifteen nor more than thirty 4 30 days after the mailing or service of the notice. 4 31 3. An operator whose license the division proposes to 4 32 suspend, revoke, or refuse to issue has the right to counsel 4 33 and may produce witnesses and present statements, documents, 4 34 and other information in the operator's behalf at the hearing. 4 35 4. If after full investigation and hearing the operator is 5 1 found to have willfully or repeatedly violated any of the 5 2 provisions of this chapter, the committee or subcommittee may 5 3 affirm or modify the proposed suspension, revocation, or 5 4 refusal to issue the license. 5 5 5. When the committee or subcommittee finds that a license 5 6 should be suspended or revoked or should not be issued, the 5 7 division shall so notify the operator in writing by certified 5 8 mail or by personal service. 5 9 a. The suspension or revocation of a license shall become 5 10 effective thirty days after notice to the operator. 5 11 b. If the license or renewal fee has been paid and the 5 12 committee or subcommittee finds that the license should not be 5 13 issued, then the license shall expire thirty days after notice 5 14 to the operator. 5 15 6. An action by the committee or subcommittee to affirm or 5 16 modify the proposed suspension, revocation, or refusal to 5 17 issue a license constitutes a final agency action for purposes 5 18 of judicial review pursuant to section 208.11 and chapter 17A. 5 19 Sec. 5. Section 208.9, Code 1995, is amended by striking 5 20 the section and inserting in lieu thereof the following: 5 21 208.9 REGISTERING MINE SITE. 5 22 1. At least seven days before beginning mining or removal 5 23 of overburden at a mine site not previously registered, an 5 24 operator engaging, or preparing to engage, in mining in this 5 25 state shall register the mine site with the division. 5 26 Application for registration shall be made upon a form 5 27 provided by the division and shall be accompanied by a bond or 5 28 security as provided by section 208.14. A registration 5 29 renewal shall be filed annually. Application for renewal of 5 30 registration shall be on a form provided by the division. The 5 31 registration and registration cancellation fees shall be 5 32 established by the division in an amount not to exceed the 5 33 cost of administering the provisions of this chapter. The 5 34 application shall include a description of the tract or tracts 5 35 of land where the site is located and the estimated number of 6 1 acres at the site to be affected by the mine. The description 6 2 shall include the section, township, range, and county in 6 3 which the land is located and shall otherwise describe the 6 4 land with sufficient certainty to determine the location and 6 5 to distinguish the land to be registered from other lands. 6 6 The application shall include a statement explaining the 6 7 authority of the applicant's legal right to operate a mine on 6 8 the land. 6 9 2. A mine site registered pursuant to this chapter shall 6 10 have a clearly visible sign which identifies the mining 6 11 operation. Failure to post and maintain a sign as required by 6 12 this subsection, within thirty days after notice from the 6 13 division, invalidates the registration. 6 14 3. The division shall automatically invalidate all 6 15 registrations of an operator who fails to renew the operator's 6 16 mining license within a time period set by the division, who 6 17 has been denied license renewal by the committee or 6 18 subcommittee, or whose license has been suspended or revoked 6 19 by the committee or subcommittee. 6 20 Sec. 6. Section 208.10, Code 1995, is amended by striking 6 21 the section and inserting in lieu thereof the following: 6 22 208.10 VIOLATION – ENFORCEMENT. 6 23 1. The administrator may issue an order directing the 6 24 operator to desist in an activity or practice which 6 25 constitutes a violation of any provision of this chapter or 6 26 any rules adopted by the division, or to take such corrective 6 27 action as may be necessary to ensure that the violation will 6 28 cease. If corrective measures sought by the division are not 6 29 commenced within the time period designated in the order, the 6 30 division may refer the violation to the attorney general for 6 31 further action. 6 32 2. The operator may contest an order issued under this 6 33 section through contested case proceedings pursuant to chapter 6 34 17A by filing with the administrator a notice of appeal within 6 35 thirty days of receipt of the order for review by the 7 1 division. 7 2 3. At the request of the division, the attorney general 7 3 shall institute any legal proceedings, including an action for 7 4 a civil penalty, injunction, or temporary injunction, 7 5 necessary to enforce the provisions of this chapter or to 7 6 obtain compliance with this chapter. Action by the attorney 7 7 general may be taken in lieu of or in conjunction with any 7 8 administrative action by the division. 7 9 4. Falsification of information required to be submitted 7 10 under this chapter is a violation of this chapter. 7 11 Sec. 7. NEW SECTION. 208.10A PENALTIES. 7 12 1. Any person who violates an order issued pursuant to 7 13 section 208.10 shall be subject to an administrative penalty 7 14 determined by the division not to exceed five thousand dollars 7 15 per violation. 7 16 a. The division shall establish, by rule, a schedule or 7 17 range of administrative penalties. The schedule shall provide 7 18 procedures and criteria for the assessment of these penalties. 7 19 b. Administrative penalties may be assessed in lieu of or 7 20 in conjunction with any action initiated by the attorney 7 21 general on behalf of the division. 7 22 c. All penalties shall be paid within thirty days of the 7 23 date that the order assessing the penalty becomes final. An 7 24 operator who fails to pay an administrative penalty assessed 7 25 by a final order of the division shall pay, in addition, 7 26 interest at the rate of one and one-half percent of the unpaid 7 27 balance of the assessed penalty for each month or part of a 7 28 month that the penalty remains unpaid. 7 29 d. The attorney general shall, at the request of the 7 30 division, institute proceedings to recover all penalties 7 31 assessed. 7 32 2. If any person violates a provision of this chapter, or 7 33 any rule or order adopted by the division pursuant to this 7 34 chapter, the division may notify the attorney general who 7 35 shall institute a civil action in district court for 8 1 injunctive relief and for the assessment of a civil penalty 8 2 not to exceed ten thousand dollars per violation. 8 3 3. Penalties, bond reversions, and bond forfeitures 8 4 collected under the provisions of this chapter or any rule 8 5 adopted by the division pursuant to this chapter shall be 8 6 deposited in an interest bearing account and may be used for 8 7 the cost and administrative expenses of reclamation or 8 8 rehabilitation activities for any mine site as deemed 8 9 necessary and appropriate by the division. 8 10 Sec. 8. Section 208.15, Code 1995, is amended to read as 8 11 follows: 8 12 208.15 AMENDMENT OR CANCELLATION. 8 13 An operator may at any time apply for amendment or 8 14 cancellation of registration of any site. The application for 8 15 amendment or cancellation of registration shall be submitted 8 16 by the operator on a form provided by the division and shall 8 17 identify as required under section208.13208.9 the tract or 8 18 tracts of land to be added to or removed from registration. 8 19 If the application is for an increase in the area of a 8 20 registered site, the application shall be processed in the 8 21 same manner as an application for original registration. If 8 22 the application is to cancel registration of any or all of the 8 23 unmined part of a site, the division shall after ascertaining 8 24 that no overburden has been disturbed or deposited on the land 8 25 order release of the bond or the security posted on the land 8 26 being removed from registration and cancel or amend the 8 27 operator's written authorization to conductsurfacemining on 8 28 the site. Fees for amendment or cancellation of registration 8 29 shall be determined as provided in section208.13208.9. No 8 30 land where overburden has been disturbed or deposited shall be 8 31 removed from registration or released from bond or security 8 32 under this section. 8 33 Sec. 9. Section 208.16, Code 1995, is amended to read as 8 34 follows: 8 35 208.16 TRANSFER TO NEW OPERATOR. 9 1 1. If control ofan activea mine siteor the right to9 2conduct any future mining at an inactive siteregistered 9 3 pursuant to section 208.9 is acquired by an operator other 9 4 than the operator holding authorization to conductsurface9 5 mining on the site, the new operator shall withinfifteen9 6 thirty days apply for registration of the sitein the new9 7operator's name. The application shall be made and processed 9 8 as provided under sections208.13208.9 and 208.14. The 9 9 former operator's bond or security shall not be released until 9 10 the new operator's bond or security has been accepted by the 9 11 division. 9 12 2. The division may establish procedures for transferring 9 13 the responsibility for reclamation of a mine site to a state 9 14 agency or political subdivision which intends to use the site 9 15 for other purposes. The division, with agreement from the 9 16 receiving agency or subdivision to complete adequate 9 17 reclamation, may approve the transfer of responsibility, 9 18 release the bond or security, and terminate or amend the 9 19 operator's authorization to conductsurfacemining on the 9 20 site. 9 21 Sec. 10. Section 208.17, Code 1995, is amended to read as 9 22 follows: 9 23 208.17 RECLAMATION REQUIREMENTS. 9 24 1. An operator authorized under this chapter to operate a 9 25 mine, after completion of mining operations and within the 9 26 time specified in section 208.19, shall: 9 27 a. Grade affected landsexcept for impoundments, pit9 28floors, and highwalls,to slopes having a maximum of one foot 9 29 vertical rise for each four feet of horizontal distance. 9 30 Where the original topography of the affected land was steeper 9 31 than one foot of vertical rise for each four feet of 9 32 horizontal distance, the affected lands may be graded to blend 9 33 with the surrounding terrain. However, water impoundments, 9 34 pit or quarry floors, and highwalls are not subject to the 9 35 requirements of this paragraph. 10 1 b.Provide for the vegetation of theStabilize and 10 2 revegetate affected lands, except for water impoundments,and 10 3 pit or quarry floors, and highwalls,as approved by the 10 4departmentdivision before the release of the bond as provided 10 5 in section 208.19. 10 6 c. Properly dispose of all mine-related debris, junk, 10 7 waste materials, old equipment, and other materials of similar 10 8 or like nature, within the registration boundaries of the 10 9 site. 10 10 2. Notwithstanding subsection 1, overburden piles where 10 11 deposition has not occurred for a period of twelve months 10 12 shall be stabilized and revegetated. 10 133. Crushing areas and stockpile areas in place on July 1,10 141985 are not subject to this section unless those areas10 15continue to function as a part of the mine site after July 1,10 161988.10 174.3. Topsoil that is a part of overburden shall not be 10 18 destroyed or buried in the process of mining. 10 195.4. Thedepartment, with concurrence of the advisory10 20board,division may grant a variance from the requirements of 10 21 subsections 1 and 2. 10 226.5. A bond or security posted under this chapter to 10 23 assure reclamation of affected lands shall not be released 10 24 until all of the reclamation work required by this section has 10 25 been performed in accordance with this chapter and 10 26departmentaldivision rules, except when a replacement bond or 10 27 security is posted by a new operator or responsibility is 10 28 transferred under section 208.16. 10 29 Sec. 11. Section 208.18, Code 1995, is amended to read as 10 30 follows: 10 31 208.18 PERIODIC REPORTS. 10 32 An operator shall file with the division a periodic report 10 33 for each mine site under registration. 10 34 1. The report shall make reference to the most recent 10 35 registration of the mine site and shall show: 11 11.a. The location and extent of all surface land area on 11 2 the mine site affected by mining during the period covered by 11 3 the report. 11 42.b. The extent to which removal of mineral products from 11 5 all or any part of the affected lands has been completed. 11 6 2. The report shall be filed not later than twelve months 11 7 after original registration of the site and prior to the 11 8 expiration of each subsequent twelve-month period. A report 11 9 shall also be filed within thirty days after completion of all 11 10surfacemining operations at the site regardless of the date 11 11 of the last preceding report. Forms for the filing of 11 12 periodic reports required by this section shall be provided by 11 13 the division. 11 14 Sec. 12. Section 208.19, unnumbered paragraph 3, Code 11 15 1995, is amended to read as follows: 11 16 An operator, upon completion of any reclamation work 11 17 required by section 208.17, shall apply to the division in 11 18 writing for approval of the work. The division shall within a 11 19 reasonable time determined by divisional rule inspect the 11 20 completed reclamation work. Upon determination by the 11 21 division that the operator has satisfactorily completed all 11 22 required reclamation work on the land included in the 11 23 application, the division shall release the bond or security 11 24 on the reclaimed land, shall remove the land from 11 25 registration, and shall terminate or amend as necessary the 11 26 operator's authorization to conductsurfacemining on the 11 27 site. 11 28 Sec. 13. Section 208.20, Code 1995, is amended to read as 11 29 follows: 11 30 208.20 EXTENSION OF TIME. 11 31 The time for completion of reclamation work may be extended 11 32 upon presentation by the operator of evidence satisfactory to 11 33 the division that reclamation of affected land cannot be 11 34 completed within the time specified by section 208.19without11 35unreasonably impeding removal of mineral products from other12 1parts of an active site or future removal of mineral products12 2from an initiative site. 12 3 Sec. 14. Section 208.21, Code 1995, is amended to read as 12 4 follows: 12 5 208.21 POLITICAL SUBDIVISION ENGAGED IN MINING. 12 6 Any political subdivision of the state of Iowa which 12 7 engages or intends to engage insurfacemining shall meet all 12 8 requirements ofsections 208.13 to 208.20this chapter except 12 9 the subdivision shall not be required to post bond or security 12 10 on registered land and shall not be required to pay licensing 12 11 fees.When a political subdivision engaging in surface mining12 12violates any provision of this chapter or any rule adopted by12 13the division pursuant to this chapter, the division shall12 14notify the chief administrative officer or governing body of12 15the subdivision. If after a reasonable time determined by the12 16division, the subdivision has not commenced corrective12 17measures approved by the division, the violation shall be12 18referred to the committee. The chief administrative officer12 19or governing body of the subdivision shall be notified in12 20writing of the referral.12 21 Sec. 15. Section 208.23, Code 1995, is amended to read as 12 22 follows: 12 23 208.23 FORM OF BOND. 12 24 1. A bond filed with the division by an operator pursuant 12 25 to this chapter shall be in a form prescribed by the division, 12 26 payable to the state of Iowa, and conditioned upon faithful 12 27 performance by the operator of all requirements of this 12 28 chapter and all rules adopted by the division pursuant to this 12 29 chapter. The bond shall be signed by the operator as 12 30 principal and by a corporate surety licensed to do business in 12 31 Iowa as surety. In lieu of a bond, the operator may deposit 12 32 cash,or certificates of depositor government securitieswith 12 33 the division on the same conditions as prescribed by this 12 34 section for filing of bonds. The amount of the bondor other12 35securityrequired to be filed with an application for 13 1 registration of asurfacemining site, or to increase the area 13 2 of a site previously registered, shall be equal to the 13 3estimatedcost of reclaiming the site as required under 13 4 section 208.17 and estimated by the division. 13 5 2. The estimated cost of reclamation of each individual 13 6 site shall be determined by the division on the basis of the 13 7 requirements of this chapter and other relevant factors 13 8 including, but not limited to, topography of the site, mining 13 9 methods being employed, depth and composition of overburden, 13 10anddepth of the mineral deposit being mined, and cost of 13 11 administration. The division may require anapplicant for13 12registration or amendment of registration of a siteoperator 13 13 to furnish information necessary to estimate the cost of 13 14 reclaiming the site. Thepenaltyamount of the bondor the13 15amount of cash or securities on depositmay be increased or 13 16 reduced from time to time as determined necessary and 13 17 appropriate by the division or in accordance with section 13 18 208.15. 13 19 Sec. 16. Section 208.24, Code 1995, is amended to read as 13 20 follows: 13 21 208.24 SINGLE BOND FOR MULTIPLE SITES. 13 22 An operator who registers with the division two or more 13 23surface miningmine sites may elect, at the time the second or 13 24 a subsequent site is registered, to post a single bond in lieu 13 25 of separate bonds on each site. A single bond so posted shall 13 26 be in an amount equal to the estimated cost of reclaiming all 13 27 sites the operator has registered, determined as provided in 13 28 section 208.23. The penalty of a single bond on two or more 13 29surface miningmine sites may be increased or decreased from 13 30 time to time in accordance with sections 208.14, 208.15, and 13 31 208.19. When an operator elects to post a single bond in lieu 13 32 of separate bonds previously posted on individual sites, the 13 33 separate bonds shall not be released until the new bond has 13 34 been accepted by the division. 13 35 Sec. 17. Section 208.25, Code 1995, is amended to read as 14 1 follows: 14 2 208.25 CANCELLATION OF BOND. 14 3 No bond filed with the division by an operator pursuant to 14 4 this chapter may be canceled by the surety without at least 14 5 ninety days' notice to the division. If the license to do 14 6 business in Iowa of any surety of a bond filed with the 14 7 division is suspended or revoked, the operator, within thirty 14 8 days after receiving notice thereof from the division, shall 14 9 substitute for the surety a corporate surety licensed to do 14 10 business in Iowa. Upon failure of the operator to make 14 11 substitution of surety as herein provided, the division shall 14 12 have the right to suspend the operator's authorization to 14 13 conductsurfacemining on the site covered by the bond until 14 14 substitution has been made. The commissioner of insurance 14 15 shall notify the division whenever the license of any surety 14 16 to do business in Iowa is suspended or revoked. 14 17 Sec. 18. Section 208.26, Code 1995, is amended to read as 14 18 follows: 14 19 208.26 RULES – INSPECTION OF SITE. 14 20 The division may adopt rules to implement the provisions of 14 21 this chapter. The administrator or the administrator's 14 22 designee may enter at all times uponany lands on which any14 23operator is authorized to operate a mineany mine site or 14 24 suspected mine site for the purpose of determining whether the 14 25 operator is or has been complying with the provisions of this 14 26 chapter.The division shall give written notice to any14 27operator who violates any of the provisions of this chapter or14 28any rules adopted by the division pursuant to this chapter.14 29If corrective measures approved by the division are not14 30commenced within ninety days, the violation shall be referred14 31to the committee. The operator shall be notified in writing14 32of the referral.All operators shallco-operatecooperate 14 33 with the division in seeking methods of operation which will 14 34 cause minimum disruption to the land and property adjoining a 14 35 mining operation. 15 1 Sec. 19. Section 208.28, Code 1995, is amended to read as 15 2 follows: 15 3 208.28 FORFEITURE OF BOND – LICENSURE RESTRICTIONS. 15 4 1. The attorney general, upon request of thecommittee15 5 division, shall institute proceedings for forfeiture of the 15 6 bond posted by an operator to guarantee reclamation of a site 15 7 where the operator is in violation of any of the provisions of 15 8 this chapter or any rule adopted by the division pursuant to 15 9 this chapter.Forfeiture of the operator's bond shall fully15 10satisfy all obligations of the operator to reclaim affected15 11land covered by the bond.The division shall have the power 15 12 to reclaim as required by section 208.17 anysurfacemined 15 13 land with respect to which a bond has been forfeited, using 15 14 the proceeds of the forfeiture to pay for the necessary 15 15 reclamation work and associated administrative costs. 15 16 2. If the proceeds from bond forfeiture proceedings are 15 17 insufficient to fully satisfy the estimated cost of reclaiming 15 18 disturbed lands as required under section 208.17 and division 15 19 rules, the operator shall be liable for remaining costs. The 15 20 division may complete, or authorize completion of, the 15 21 necessary reclamation and may authorize the attorney general 15 22 to bring a civil action to recover from the operator all 15 23 actual or estimated costs of reclamation in excess of the 15 24 amount forfeited or require the operator to complete 15 25 reclamation. 15 26 3. If the amount of bond forfeited exceeds the amount 15 27 necessary to complete reclamation, the unused funds shall be 15 28 returned to the operator or the surety, as appropriate. 15 29 Sec. 20. REPEALS. Sections 208.13, 208.22, 208.27, 15 30 208.29, and 208.30, Code 1995, are repealed. 15 31 Sec. 21. IMPLEMENTATION. Section 25B.2, subsection 3, 15 32 shall not apply to this Act. 15 33 EXPLANATION 15 34 This bill makes several changes to the chapter dealing with 15 35 mines. 16 1 The bill makes some changes to the definitions and provides 16 2 that mining includes both surface and underground mining and 16 3 defines those terms. The bill also includes a political 16 4 subdivision of the state within the definition of an operator 16 5 for purposes of the chapter. 16 6 The bill provides for time guidelines and hearing 16 7 procedures concerning the suspension, revocation, or refusal 16 8 to issue a license. 16 9 The bill also provides for administrative penalties on 16 10 operators, including political subdivisions, for violations of 16 11 an order issued by the administrator to cease or take 16 12 corrective action concerning a practice which constitutes a 16 13 violation of this chapter. The bill provides that the 16 14 division of soil conservation within the department of 16 15 agriculture and land stewardship shall establish a schedule of 16 16 penalties in addition to those penalties already provided by 16 17 this bill which penalties shall not exceed $5,000 per 16 18 violation. 16 19 The bill provides that the penalty shall be paid within 30 16 20 days of the date of the order assessing the penalty becomes 16 21 final and provides for interest on unpaid penalties. The pro- 16 22 cedure for assessing the penalty is not established by the 16 23 bill. 16 24 The bill also provides that the attorney general can seek a 16 25 civil penalty of no more than $10,000 for a violation of this 16 26 chapter. Currently the civil penalty the attorney general can 16 27 seek is an amount no more than $5,000. 16 28 The bill also provides that an operator is still liable for 16 29 reclamation costs that exceed the amount of the bond filed by 16 30 the operator. The bill also eliminates the requirement that 16 31 the governor approve certain rules concerning health and 16 32 safety standards for surface mining. 16 33 The bill may include a state mandate as defined in section 16 34 25B.3. The bill makes inapplicable the statutory provision 16 35 which would relieve a political subdivision from complying 17 1 with a state mandate if funding for the cost of the state 17 2 mandate is not provided or specified. 17 3 LSB 4038HV 76 17 4 ec/jw/5.1
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