256.700. Surface mining, fee--director to require fee, when--amount of fee--expiration date--rulemaking authority.

MISSOURI STATUTES AND CODES

256.700. Surface mining, fee--director to require fee, when--amount of fee--expiration date--rulemaking authority.

Surface mining, fee--director to require fee, when--amount offee--expiration date--rulemaking authority.

256.700. 1. Any operator desiring to engage in surface mining whoapplies for a permit under section 444.772, RSMo, shall, in addition to allother fees authorized under such section, annually submit a geologicresources fee. Such fee shall be deposited in the geologic resources fundestablished and expended under section 256.705. For any operator of agravel mining operation where the annual tonnage of gravel mined by suchoperator is less than five thousand tons, there shall be no fee under thissection.

2. The director of the department of natural resources may require ageologic resources fee for each permit not to exceed one hundred dollars.The director may also require a geologic resources fee for each site listedon a permit not to exceed one hundred dollars for each site. The directormay also require a geologic resources fee for each acre permitted by theoperator under section 444.772, RSMo, not to exceed ten dollars per acre.If such fee is assessed, the fee per acre on all acres bonded by a singleoperator that exceeds a total of three hundred acres shall be reduced byfifty percent. In no case shall the geologic resources fee portion for anypermit issued under section 444.772, RSMo, be more than three thousand fivehundred dollars.

3. Beginning August 28, 2007, the geologic resources fee shall be setat a permit fee of fifty dollars, a site fee of fifty dollars, and an acrefee of six dollars. Fees may be raised as allowed in this subsection by aregulation change promulgated by the director of the department of naturalresources. Prior to such a regulation change, the director shall consultthe industrial minerals advisory council created under section 256.710 inorder to determine the need for such an increase in fees.

4. Fees imposed under this section shall become effective August 28,2007, and shall expire on December 31, 2020. No other provisions ofsections 256.700 to 256.710 shall expire.

5. The department of natural resources may promulgate rules toimplement the provisions of sections 256.700 to 256.710. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, thatis created under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly under chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2007, shall be invalidand void.