Mo. Code Regs. tit. 10 § 40-10.040

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 10 CSR 40-10.040 - Permit Review Process

PURPOSE: This rule amendment follows the review conducted pursuant to Executive Order 17-03. The amendment proposes to remove language that repeats statute or is obsolete.

(1) The director may approve a variance to a permit application or permit amendment when the operation, reclamation, or conservation plan deviates from the requirements of sections 444.760- 444.790, RSMo and these rules if it can be demonstrated by the operator that-

(A) Conditions present at the mine location warrant the exception;

(B) The protection of the health, safety, and livelihood of the public is not reduced;

(C) There is no additional effect to the landowner's or adjacent landowner's property than the effects under a normal permit;

(D) The protection afforded by sections 444.760-444.790, RSMo is not reduced;

(E) The procedure to be used in the review of a request for a variance shall be as follows:

1. The operator shall identify on a map the location of the area(s) that the variance request applies. Such map shall comply with the requirements of 10 CSR 40-10.020(2)(E); and

2. The operator shall list the number of acres involved in the variance request area, the dates that work is to commence and is to be completed, and the nature of the variance request; and

(F) If the director recommends a denial of the variance, the applicant may request a hearing, as provided for in 444.789, RSMo.

10 CSR 40-10.040

AUTHORITY: sections 444.767, 444.772 and 444.784, RSMo Supp. 2004.* Original rule filed Aug. 2, 1991, effective 2/6/1992. Amended: Filed June 1, 1994, effective 11/30/1994. Amended: Filed April 1, 2004, effective 5/30/2005.

Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018

*Original authority: 444.767, RSMo 1971, amended 1990, 1993, 2001; 444.772, RSMo 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.