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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, and thereby to preserve natural resources, 1 8 protect and perpetuate the taxable value of property, and 1 9 protect and promote the health, safety and general welfare of 1 10 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 6. "Minesite" or "mine site" means a site wheresurface1 34 mining is being conducted or has been conducted in the past 1 35and the operator anticipates further surface mining2 1operations, or the surface operation related to an underground2 2mine. 2 3 7. "Mineral" means gypsum, clay, stone, sand, gravel, or 2 4 other ores or mineral solids, except coal. 2 5 8. "Mining" means the excavation of gypsum, clay, stone, 2 6 sand, gravel, or other ores or mineral solids, except coal, 2 7 for sale or for processing or consumption in the regular 2 8 operation of a business and shall include surface mining and 2 9 underground mining. 2 10 9. "Mining operation" means activities conducted by an 2 11 operator on a mine site relative to the excavation of minerals 2 12 and shall include disturbing overburden, excavation, and 2 13 processing of minerals, stockpiling and removal of minerals 2 14 from a site, and all reclamation activities conducted on a 2 15 mine site. 2 167.10. "Operator" means any person, firm, partnership,or2 17 corporation, or political subdivision engaged in and 2 18 controlling a mining operationbut shall not include a2 19political subdivision of the state of Iowa. 2 208.11. "Overburden" means all of the earth and other 2 21 materials which lie above natural mineral depositsof gypsum,2 22clay, stone, sand, gravel or other minerals,and includes all 2 23 earth and other materials disturbed from their natural state 2 24 in the process ofsurfacemining. 2 259. "Peak" means a projecting point of overburden removed2 26from its natural position and deposited elsewhere in the2 27process of surface mining.2 2810. "Pit" means a tract of land from which overburden has2 29been or is being removed for the purpose of surface mining.2 30 12. "Pit floor" or "quarry floor" means the lower limit of 2 31 a surface excavation to extract minerals. 2 32 13. "Political subdivision" means any county, district, 2 33 city, or other public agency within the state of Iowa. 2 34 14. "Reclamation" means the process of restoring disturbed 2 35 lands to the premined uses of the lands or other productive 3 1 uses. 3 211.15. "Ridge" means a lengthened elevation of overburden 3 3 removed from its natural position and deposited elsewhere in 3 4 the process ofsurfacemining. 3 512.16. "Surface mining" meanstheminingof gypsum, clay,3 6stone, sand, gravel or other ores or mineral solids for sale3 7or for processing or consumption in the regular operation of a3 8businessby removing the overburden lying above the natural 3 9 deposits andminingexcavating directly from the natural 3 10 deposits exposed, or byminingexcavating directly from 3 11 deposits lying exposed in their natural state and shall 3 12 include dredge operations conducted in or on natural waterways 3 13 or artificially created waterways within the state.Removal3 14of overburden and mining of limited amounts of any ores or3 15mineral solids shall not be considered surface mining when3 16done only for the purpose and to the extent necessary to3 17determine the location, quantity, or quality of the natural3 18deposit, if the ores or mineral solids removed during3 19exploratory excavation or mining are not sold, processed for3 20sale, or consumed in the regular operation of a business.3 2115.17. "Topsoil" means the natural medium located at the 3 22 land surface with favorable characteristics for the growth of 3 23 vegetation. 3 24 18. "Underground mining" means mining by digging or 3 25 constructing access tunnels, adits, ramps, or shafts and exca- 3 26 vating directly from the natural mineral deposits located as a 3 27 result of the process. 3 28 Sec. 3. Section 208.7, Code 1995, is amended to read as 3 29 follows: 3 30 208.7 MINING LICENSE. 3 31No person, firm, partnership, or corporationAn operator 3 32 shall not engage insurfaceminingor operation of an3 33underground mine or mines,as defined by section 208.2, 3 34 without first obtaining a license from the division. Licenses 3 35 shall be issued upon approval by the division following 4 1 application by the operator. Applications shall be submitted 4 2 on a form provided by the division and shall be accompanied by 4 3 a fee of fifty dollars. Each applicant shall be required to 4 4 furnish on the form information necessary to identify the 4 5 applicant. Licenses shall expire on December 31 of each year 4 6 and shall be renewed by the division upon application 4 7 submitted within thirty days prior to the expiration date and 4 8 accompanied by a fee of ten dollars. However, a political 4 9 subdivision shall not be required to pay an application or 4 10 renewal fee. 4 11 Sec. 4. Section 208.8, Code 1995, is amended to read as 4 12 follows: 4 13 208.8 SUSPENSION OR REVOCATION OF LICENSE&endash; REFUSAL TO4 14RENEW. 4 15 1. The division may,with approval of the committee,4 16commence proceedings to suspend, revoke, or refuse to renew a4 17license of any licenseefor repeated or willful violation of 4 18 any of the provisions of this chapter, initiate an action to 4 19 suspend, revoke, or refuse to issue a mining license. 4 20 2. The division shall, by certified mail or personal 4 21 service, serve on thelicenseeoperator notice in writing of 4 22 the charges and grounds upon which the license is to be 4 23 suspended, revoked, or will not berenewedissued. The notice 4 24 shall include the time and the place at which a hearing shall 4 25 be held before the committee or a subcommittee appointed by 4 26 the committee to perform the duties of the committee 4 27 concerning suspension or revocation of licenses, to determine 4 28 whether to suspend, revoke, or refuse torenewissue the 4 29 license. The hearing shall be not less than fifteen nor more 4 30 than thirty 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 on 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 6. The suspension or revocation of a license shall become 5 10 effective thirty days after the notice to the operator. 5 11 7. 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 5 14 mailing or service of notice to the operator. 5 15 8. 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 not later than twelve months following 5 30 the initial registration and each subsequent renewal. 5 31 Application for renewal of registration shall be on a form 5 32 provided by the division. The registration and registration 5 33 cancellation fees shall be established by the division in an 5 34 amount not to exceed the cost of administering the provisions 5 35 of this chapter. The application shall include a description 6 1 of the tract or tracts of land where the site is located and 6 2 the estimated number of acres at the site to be affected by 6 3 the mine. The description shall include the section, 6 4 township, range, and county in which the land is located and 6 5 shall otherwise describe the land with sufficient certainty to 6 6 determine the location and to distinguish the land to be 6 7 registered from other lands. The application shall include a 6 8 statement explaining the authority of the applicant's legal 6 9 right to operate a mine on the land. 6 10 2. A mine site registered pursuant to this section shall 6 11 have, at the primary entrance to the mine site, a clearly 6 12 visible sign which sets forth the operator's name and the 6 13 registration number of the site. Failure to post and maintain 6 14 a sign as required by this subsection, within thirty days 6 15 after notice from the division, invalidates the registration. 6 16 3. The division shall automatically invalidate all 6 17 registrations of an operator who fails to renew the operator's 6 18 mining license within a time period set by the division, who 6 19 has been denied license renewal by the committee or 6 20 subcommittee, or whose license has been suspended or revoked 6 21 by the committee or subcommittee. 6 22 Sec. 6. Section 208.10, Code 1995, is amended by striking 6 23 the section and inserting in lieu thereof the following: 6 24 208.10 VIOLATION &endash; ENFORCEMENT. 6 25 1. The administrator may issue an order directing the 6 26 operator to desist in an activity or practice which 6 27 constitutes a violation of any provision of this chapter or 6 28 any rules adopted by the division, or to take such corrective 6 29 action as may be necessary to ensure that the violation will 6 30 cease. If corrective measures sought by the division are not 6 31 commenced within the time period designated in the order, the 6 32 division may refer the violation to the attorney general for 6 33 further action. 6 34 2. The operator may contest an order issued under this 6 35 section through contested case proceedings pursuant to chapter 7 1 17A by filing with the administrator a notice of appeal within 7 2 thirty days of receipt of the order for review by the 7 3 division. 7 4 3. At the request of the division, the attorney general 7 5 shall institute any legal proceedings, including an action for 7 6 a civil penalty, injunction, or temporary injunction, 7 7 necessary to enforce the provisions of this chapter or to 7 8 obtain compliance with this chapter. Action by the attorney 7 9 general may be taken in lieu of or in conjunction with any 7 10 administrative action by the division. 7 11 4. Falsification of information required to be submitted 7 12 under this chapter is a violation of this chapter. 7 13 Sec. 7. NEW SECTION. 208.12 PENALTIES. 7 14 1. Any person who violates an order issued pursuant to 7 15 section 208.10 shall be subject to an administrative penalty 7 16 determined by the division not to exceed five thousand dollars 7 17 per violation. 7 18 a. The division shall establish, by rule, a schedule or 7 19 range of administrative penalties. The schedule shall provide 7 20 procedures and criteria for the assessment of these penalties. 7 21 b. Administrative penalties may be assessed in lieu of or 7 22 in conjunction with any action initiated by the attorney 7 23 general on behalf of the division. 7 24 c. All penalties shall be paid within thirty days of the 7 25 date that the order assessing the penalty becomes final. An 7 26 operator who fails to pay an administrative penalty assessed 7 27 by a final order of the division shall pay, in addition, 7 28 interest at the rate of one and one-half percent of the unpaid 7 29 balance of the assessed penalty for each month or part of a 7 30 month that the penalty remains unpaid. 7 31 d. The attorney general shall, at the request of the 7 32 division, institute proceedings to recover all penalties 7 33 assessed. 7 34 2. If any person violates a provision of this chapter, or 7 35 any rule or order adopted by the division pursuant to this 8 1 chapter and an administrative penalty is not pursued by the 8 2 division, the committee shall notify the attorney general who 8 3 shall institute a civil action in district court for 8 4 injunctive relief and for the assessment of a civil penalty 8 5 not to exceed ten thousand dollars per violation. 8 6 3. Penalties, bond reversions, and bond forfeitures 8 7 collected under the provisions of this chapter or any rule 8 8 adopted by the division pursuant to this chapter shall be 8 9 deposited in an interest bearing account and may be used 8 10 toward the reclamation or rehabilitation activities on any 8 11 mine site as deemed necessary and appropriate by the division 8 12 and approved by the committee. 8 13 Sec. 8. Section 208.15, Code 1995, is amended to read as 8 14 follows: 8 15 208.15 AMENDMENT OR CANCELLATION. 8 16 An operator may at any time apply for amendment or 8 17 cancellation of registration of any site. The application for 8 18 amendment or cancellation of registration shall be submitted 8 19 by the operator on a form provided by the division and shall 8 20 identify as required under section208.13208.9 the tract or 8 21 tracts of land to be added to or removed from registration. 8 22 If the application is for an increase in the area of a 8 23 registered site, the application shall be processed in the 8 24 same manner as an application for original registration. If 8 25 the application is to cancel registration of any or all of the 8 26 unmined part of a site, the division shall after ascertaining 8 27 that no overburden has been disturbed or deposited on the land 8 28 order release of the bond or the security posted on the land 8 29 being removed from registration and cancel or amend the 8 30 operator's written authorization to conductsurfacemining on 8 31 the site. Fees for amendment or cancellation of registration 8 32 shall be determined as provided in section208.13208.9. No 8 33 land where overburden has been disturbed or deposited shall be 8 34 removed from registration or released from bond or security 8 35 under this section. 9 1 Sec. 9. Section 208.16, Code 1995, is amended to read as 9 2 follows: 9 3 208.16 TRANSFER TO NEW OPERATOR. 9 4 1. If control ofan activea mine siteor the right to9 5conduct any future mining at an inactive siteregistered 9 6 pursuant to section 208.9 is acquired by an operator other 9 7 than the operator holding authorization to conductsurface9 8 mining on the site, the new operator shall withinfifteen9 9 thirty days apply for registration of the sitein the new9 10operator's name. The application shall be made and processed 9 11 as provided under sections208.13208.9 and 208.14. The 9 12 former operator's bond or security shall not be released until 9 13 the new operator's bond or security has been accepted by the 9 14 division. 9 15 2. The division may establish procedures for transferring 9 16 the responsibility for reclamation of a mine site to a state 9 17 agency or political subdivision which intends to use the site 9 18 for other purposes. The division, with agreement from the 9 19 receiving agency or subdivision to complete adequate 9 20 reclamation, may approve the transfer of responsibility, 9 21 release the bond or security, and terminate or amend the 9 22 operator's authorization to conductsurfacemining on the 9 23 site. 9 24 Sec. 10. Section 208.17, Code 1995, is amended to read as 9 25 follows: 9 26 208.17 RECLAMATION REQUIREMENTS. 9 27 1. An operator authorized under this chapter to operate a 9 28 mine, after completion of mining operations and within the 9 29 time specified in section 208.19, shall: 9 30 a. Grade affected landsexcept for impoundments, pit9 31floors, and highwalls,to slopes having a maximum of one foot 9 32 vertical rise for each four feet of horizontal distance. 9 33 Where the original topography of the affected land was steeper 9 34 than one foot of vertical rise for each four feet of 9 35 horizontal distance, the affected lands may be graded to blend 10 1 with the surrounding terrain. However, water impoundments, 10 2 pit or quarry floors, and highwalls are not subject to the 10 3 requirements of this paragraph. 10 4 b.Provide for the vegetation of theStabilize and 10 5 revegetate affected lands, except for water impoundments,and 10 6 pit or quarry floors, and highwalls,as approved by the 10 7departmentdivision before the release of the bond as provided 10 8 in section 208.19. 10 9 c. Properly dispose of all debris, junk, waste materials, 10 10 old equipment, and other materials of similar or like nature, 10 11 within the registration boundaries of the site. 10 12 2. Notwithstanding subsection 1, overburden piles where 10 13 deposition has not occurred for a period of twelve months 10 14 shall be stabilized and revegetated. 10 153. Crushing areas and stockpile areas in place on July 1,10 161985 are not subject to this section unless those areas10 17continue to function as a part of the mine site after July 1,10 181988.10 194.3. Topsoil that is a part of overburden shall not be 10 20 destroyed or buried in the process of mining. 10 215.4. Thedepartment, with concurrence of the advisory10 22board,division may grant a variance from the requirements of 10 23 subsections 1 and 2. 10 246.5. A bond or security posted under this chapter to 10 25 assure reclamation of affected lands shall not be released 10 26 until all of the reclamation work required by this section has 10 27 been performed in accordance with this chapter and 10 28departmentaldivision rules, except when a replacement bond or 10 29 security is posted by a new operator or responsibility is 10 30 transferred under section 208.16. 10 31 Sec. 11. Section 208.18, Code 1995, is amended to read as 10 32 follows: 10 33 208.18 PERIODIC REPORTS. 10 34 An operator shall file with the division a periodic report 10 35 for each mine site under registration. 11 1 1. The report shall make reference to the most recent 11 2 registration of the mine site and shall show: 11 31.a. The location and extent of all surface land area on 11 4 the mine site affected by mining during the period covered by 11 5 the report. 11 62.b. The extent to which removal of mineral products from 11 7 all or any part of the affected lands has been completed. 11 8 2. The report shall be filed not later than twelve months 11 9 after original registration of the site and prior to the 11 10 expiration of each subsequent twelve-month period. A report 11 11 shall also be filed within thirty days after completion of all 11 12surfacemining operations at the site regardless of the date 11 13 of the last preceding report. Forms for the filing of 11 14 periodic reports required by this section shall be provided by 11 15 the division. 11 16 Sec. 12. Section 208.19, unnumbered paragraph 3, Code 11 17 1995, is amended to read as follows: 11 18 An operator, upon completion of any reclamation work 11 19 required by section 208.17, shall apply to the division in 11 20 writing for approval of the work. The division shall within a 11 21 reasonable time determined by divisional rule inspect the 11 22 completed reclamation work. Upon determination by the 11 23 division that the operator has satisfactorily completed all 11 24 required reclamation work on the land included in the 11 25 application, the division shall release the bond or security 11 26 on the reclaimed land, shall remove the land from 11 27 registration, and shall terminate or amend as necessary the 11 28 operator's authorization to conductsurfacemining on the 11 29 site. 11 30 Sec. 13. Section 208.20, Code 1995, is amended to read as 11 31 follows: 11 32 208.20 EXTENSION OF TIME. 11 33 The time for completion of reclamation work may be extended 11 34 upon presentation by the operator of evidence satisfactory to 11 35 the division that reclamation of affected land cannot be 12 1 completed within the time specified by section 208.19without12 2unreasonably impeding removal of mineral products from other12 3parts of an active site or future removal of mineral products12 4from an initiative site. 12 5 Sec. 14. Section 208.21, Code 1995, is amended to read as 12 6 follows: 12 7 208.21 POLITICAL SUBDIVISION ENGAGED IN MINING. 12 8 Any political subdivision of the state of Iowa which 12 9 engages or intends to engage insurfacemining shall meet all 12 10 requirements ofsections 208.13 to 208.20this chapter except 12 11 the subdivision shall not be required to post bond or security 12 12 on registered land and shall not be required to pay licensing 12 13 fees.When a political subdivision engaging in surface mining12 14violates any provision of this chapter or any rule adopted by12 15the division pursuant to this chapter, the division shall12 16notify the chief administrative officer or governing body of12 17the subdivision. If after a reasonable time determined by the12 18division, the subdivision has not commenced corrective12 19measures approved by the division, the violation shall be12 20referred to the committee. The chief administrative officer12 21or governing body of the subdivision shall be notified in12 22writing of the referral.12 23 Sec. 15. Section 208.23, Code 1995, is amended to read as 12 24 follows: 12 25 208.23 FORM OF BOND. 12 26 1. A bond filed with the division by an operator pursuant 12 27 to this chapter shall be in a form prescribed by the division, 12 28 payable to the state of Iowa, and conditioned upon faithful 12 29 performance by the operator of all requirements of this 12 30 chapter and all rules adopted by the division pursuant to this 12 31 chapter. The bond shall be signed by the operator as 12 32 principal and by a corporate surety licensed to do business in 12 33 Iowa as surety. In lieu of a bond, the operator may deposit 12 34 cash,or certificates of depositor government securitieswith 12 35 the division on the same conditions as prescribed by this 13 1 section for filing of bonds. The amount of the bond or other 13 2 security required to be filed with an application for 13 3 registration of asurfacemining site, or to increase the area 13 4 of a site previously registered, shall be equal to the 13 5 estimated cost of reclaiming the site as required under 13 6 section 208.17. 13 7 2. The estimated cost of reclamation of each individual 13 8 site shall be determined by the division on the basis of the 13 9 requirements of this chapter and other relevant factors 13 10 including, but not limited to, topography of the site, mining 13 11 methods being employed, depth and composition of overburden, 13 12anddepth of the mineral deposit being mined, and cost of 13 13 administration. The division may require anapplicant for13 14registration or amendment of registration of a siteoperator 13 15 to furnish information necessary to estimate the cost of 13 16 reclaiming the site. The penalty of the bond or the amount of 13 17 cash or securities on deposit may be increased or reduced from 13 18 time to time in accordance with section 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 &endash; 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 &endash; LICENSURE RESTRICTIONS. 15 4 1. The attorney general, upon request of the committee, 15 5 shall institute proceedings for forfeiture of the bond posted 15 6 by an operator to guarantee reclamation of a site where the 15 7 operator is in violation of any of the provisions of this 15 8 chapter or any rule adopted by the division pursuant to this 15 9 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 performance bond forfeited or excess 15 27 amounts recovered is more than the amount necessary to 15 28 complete reclamation, the unused funds shall be returned to 15 29 the operator. 15 30 4. An operator whose bond has been forfeited shall be 15 31 required to apply for a new registration prior to the 15 32 continuation of mining on any site within the state. 15 33 5. An operator shall not be issued a license to mine under 15 34 this chapter or allowed to continue to mine if the operator 15 35 remains liable for reclamation on a site registered under the 16 1 operator's current or previous license for which a bond has 16 2 been forfeited. 16 3 Sec. 20. REPEALS. Sections 208.13, 208.22, 208.27, 16 4 208.29, and 208.30, Code 1995, are repealed. 16 5 Sec. 21. IMPLEMENTATION. Section 25B.2, subsection 3, 16 6 shall not apply to this Act. 16 7 EXPLANATION 16 8 This bill makes several changes to the chapter dealing with 16 9 mines. 16 10 The bill makes some changes to the definitions and provides 16 11 that mining includes both surface and underground mining and 16 12 defines those terms. The bill also includes a political 16 13 subdivision of the state within the definition of an operator 16 14 for purposes of the chapter. 16 15 The bill provides for time guidelines and hearing 16 16 procedures concerning the suspension, revocation, or refusal 16 17 to issue a license. 16 18 The bill also provides for administrative penalties on 16 19 operators, including political subdivisions, for violations of 16 20 an order issued by the administrator to cease or take 16 21 corrective action concerning a practice which constitutes a 16 22 violation of this chapter. The bill provides that the 16 23 division of soil conservation within the department of 16 24 agriculture and land stewardship shall establish a schedule of 16 25 penalties in addition to those penalties already provided by 16 26 this bill which penalties shall not exceed $5,000 per 16 27 violation. 16 28 The bill provides that the penalty shall be paid within 30 16 29 days of the date of the order assessing the penalty becomes 16 30 final and provides for interest on unpaid penalties. The pro- 16 31 cedure for assessing the penalty is not established by the 16 32 bill. 16 33 The bill also provides that the attorney general can seek a 16 34 civil penalty of no more than $10,000 for a violation of this 16 35 chapter. Currently the civil penalty the attorney general can 17 1 seek is an amount no more than $5,000. 17 2 The bill also provides that an operator is still liable for 17 3 reclamation costs that exceed the amount of the bond filed by 17 4 the operator. The bill also eliminates the requirement that 17 5 the governor approve certain rules concerning health and 17 6 safety standards for surface mining. 17 7 The bill may include a state mandate as defined in section 17 8 25B.3. The bill makes inapplicable the statutory provision 17 9 which would relieve a political subdivision from complying 17 10 with a state mandate if funding for the cost of the state 17 11 mandate is not provided or specified. 17 12 LSB 2364HC 76 17 13 ec/jw/5
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