Bill > HF1029

Introduced Session

BACKGROUND. This bill amends provisions in Code chapter 208 regulating the mining of minerals, including surface mining and underground mining, other than for coal, and provides requirements for the reclamation of lands at the mine site. The provisions are administered and enforced by the division of soil and water conservation (division), an administrative unit of the department of agriculture and land stewardship (Code chapter 159). The provisions regulate a person engaged in and controlling the mining operation (operator). This includes a requirement that the operator be issued a license (Code sections 208.7 and 208.8) and register the mine being operated (Code sections 208.9 and 209.15). The initial license application fee is $50. The license renewal application fee is $20. The registration must be accompanied by a bond or other security. The bonding provisions include requirements for the posting of one bond covering multiple mine sites, and the cancellation or forfeiture of the bond (Code sections 208.23, 208.24, 208.25, 208.26, and 208.28). After the completion of mining operations, the operator must engage in the reclamation of the land disturbed by mining operations, which may include grading, stabilizing, and revegetating the disturbed lands (Code section 208.17). The division may issue an order directing an operator to desist in an activity that constitutes a violation of the Code chapter and a person who violates such an order is subject to an administratively assessed civil penalty of up to $5,000 per violation (Code section 208.10A). Alternatively, the division may notify the attorney general to institute a civil action in district court for injunctive relief and for the assessment of a civil penalty not to exceed $10,000 per violation. BILL’S PROVISIONS. The bill increases the initial license application fee to $75. The bill provides requirements when the operator is actively engaged in mining belowground where land at or above the mine site, required to be registered, has collapsed in the form of a sinkhole. The bill requires the operator to immediately notify the division of the sinkhole. The division may adopt rules providing for the reclamation of lands disturbed due to the formation of a sinkhole at or above an active underground mine site. The division may issue an emergency remediation order to the operator of the mine requiring immediate restoration. The division may also require the operator to submit to the division for approval a remediation plan or statement affirming that the remediation has been completed in compliance with division requirements. The total amount of the combined bonds posted by an operator may be applied to cover the costs of reclaiming land disturbed at any one mine site. The bill takes effect upon enactment.

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Rereferred to Ways and Means. H.J. 1222. (on 05/15/2025)

Official Document