Bill Text: IA HF2225 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing for regulation of certain noncoal mine sites, including the reclamation of land above active underground mine sites disturbed by the formation of sinkholes, making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-06 - Subcommittee recommends passage. Vote Total: 3-0. [HF2225 Detail]
Download: Iowa-2023-HF2225-Introduced.html
House
File
2225
-
Introduced
HOUSE
FILE
2225
BY
BODEN
A
BILL
FOR
An
Act
providing
for
regulation
of
certain
noncoal
mine
sites,
1
including
the
reclamation
of
land
above
active
underground
2
mine
sites
disturbed
by
the
formation
of
sinkholes,
3
making
penalties
applicable,
and
including
effective
date
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
208.6
Maps.
1
Upon
request
by
the
division,
the
state
geologist
shall
2
furnish
the
division
with
the
latest
filed
maps
and
extensions
3
of
active
mine
sites
pursuant
to
section
456.11
.
4
Sec.
2.
Section
208.8,
subsection
1,
Code
2024,
is
amended
5
to
read
as
follows:
6
1.
The
division
may
,
for
repeated
or
willful
for
a
violation
7
of
any
of
the
provisions
of
a
provision
of
this
chapter
,
8
including
the
violation
of
a
rule
adopted
or
an
order
issued
9
pursuant
to
this
chapter
,
initiate
an
action
to
suspend,
10
revoke,
or
refuse
to
issue
a
mining
license.
11
Sec.
3.
Section
208.9,
Code
2024,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
2A.
An
operator
of
an
active
underground
14
mine
site
shall
immediately
notify
the
division
of
the
15
formation
of
a
sinkhole
located
at
or
above
the
underground
16
mine
site.
17
Sec.
4.
Section
208.10A,
subsection
1,
unnumbered
paragraph
18
1,
Code
2024,
is
amended
to
read
as
follows:
19
Any
A
person
who
violates
an
order
issued
pursuant
to
section
20
208.10
or
208.17A
shall
be
subject
to
an
administrative
penalty
21
determined
by
the
division
not
to
exceed
five
thousand
dollars
22
per
violation.
23
Sec.
5.
NEW
SECTION
.
208.17A
Active
underground
mines.
24
1.
The
division
may
adopt
rules
providing
for
the
25
reclamation
of
lands
disturbed
due
to
the
formation
of
a
26
sinkhole
at
or
above
an
active
underground
mine
site
required
27
to
be
registered
pursuant
to
section
208.9
.
The
administrator
28
may
issue
an
emergency
remediation
order
to
the
operator
of
29
the
mine
requiring
immediate
restoration.
The
division
shall
30
deliver
a
copy
of
the
emergency
reclamation
order
to
the
31
operator
by
personal
service.
32
2.
The
division
may
require
the
operator
to
submit
to
the
33
division
for
approval
a
remediation
plan
or
statement
affirming
34
that
the
remediation
has
been
completed
in
compliance
with
35
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division
requirements.
1
Sec.
6.
Section
208.19,
Code
2024,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
4.
This
section
does
not
apply
to
the
4
reclamation
of
an
active
underground
mine
site
as
provided
in
5
section
208.17A.
6
Sec.
7.
Section
208.20,
Code
2024,
is
amended
to
read
as
7
follows:
8
208.20
Extension
of
time.
9
The
time
for
completion
of
reclamation
work
may
be
extended
10
upon
presentation
by
the
operator
of
evidence
satisfactory
11
to
the
division
that
the
reclamation
of
affected
land
cannot
12
be
completed
within
the
time
specified
by
section
208.17A
or
13
208.19.
14
Sec.
8.
NEW
SECTION
.
208.24A
Use
of
single
or
multiple
15
bonds.
16
Regardless
of
whether
an
operator
posts
a
number
of
multiple
17
bonds
each
for
a
single
mine
site
or
a
single
bond
for
multiple
18
mine
sites,
the
total
amount
of
the
multiple
bonds
combined
19
or
the
single
bond
shall
be
applied
to
cover
the
costs
of
20
completing
the
reclamation
of
lands
at
any
one
mine
site
21
required
to
be
registered
pursuant
to
section
208.9
.
22
Sec.
9.
Section
456.11,
subsection
9,
Code
2024,
is
amended
23
to
read
as
follows:
24
9.
a.
Abandoned
mine
Mines
.
When
any
an
underground
mine
25
is
worked
out
or
is
about
to
be
abandoned
or
indefinitely
26
closed,
the
operator
of
the
same
shall
make
or
cause
to
be
made
27
a
completed
and
extended
map
of
the
mine
and
the
result
of
the
28
same
shall
be
duly
extended
on
all
maps
of
the
mine
and
copies
29
thereof
so
as
to
show
all
excavations
and
the
most
advanced
30
workings
of
the
mine,
and
their
exact
relation
to
the
boundary
31
or
section
lines
on
the
surface,
and
deliver
to
the
state
32
geologist
a
copy
of
the
completed
map.
33
b.
When
an
underground
mining
site
is
active,
its
operator
34
shall
provide
a
current
map
and
current
map
extensions
of
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the
active
underground
mining
site
to
the
state
geologist
as
1
required
by
the
state
geologist.
The
state
geologist
shall
2
deliver
a
copy
of
the
current
map
and
current
map
extensions
3
to
the
division
of
soil
conservation
and
water
quality
of
the
4
department
of
agriculture
and
land
stewardship
as
provided
in
5
section
208.6
.
6
Sec.
10.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
7
immediate
importance,
takes
effect
upon
enactment.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
GENERAL.
This
bill
amends
provisions
in
Code
chapter
208
12
regulating
the
mining
of
minerals,
including
surface
mining
13
and
underground
mining,
other
than
for
coal,
and
provides
14
requirements
for
the
reclamation
of
lands
at
the
mine
site.
15
The
provisions
are
administered
and
enforced
by
the
division
of
16
soil
and
water
conservation
(division),
an
administrative
unit
17
of
the
department
of
agriculture
and
land
stewardship
(Code
18
chapter
159),
in
cooperation
with
the
state
soil
conservation
19
and
water
quality
committee
(Code
section
161A.4).
The
20
provisions
regulate
a
person
engaged
in
and
controlling
the
21
mining
operation
(operator).
This
includes
a
requirement
that
22
the
operator
be
issued
a
license
(Code
sections
208.7
and
23
208.8)
and
register
the
mine
being
operated
(Code
sections
24
208.9
and
209.15).
The
registration
must
be
accompanied
by
25
a
bond
or
other
security.
The
bonding
provisions
include
26
requirements
for
the
posting
of
one
bond
covering
multiple
mine
27
sites,
and
the
cancellation
or
forfeiture
of
the
bond
(Code
28
sections
208.23,
208.24,
208.25,
208.26,
and
208.28).
After
29
the
completion
of
mining
operations,
the
operator
must
engage
30
in
the
reclamation
of
the
land
disturbed
by
mining
operations,
31
which
may
include
grading,
stabilizing,
and
revegetating
the
32
disturbed
lands
(Code
section
208.17).
The
division
may
issue
33
an
order
directing
an
operator
to
desist
in
an
activity
that
34
constitutes
a
violation
of
the
Code
chapter
and
a
person
who
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violates
such
an
order
is
subject
to
an
administratively
1
assessed
civil
penalty
of
up
to
$5,000
per
violation.
2
Alternatively,
the
division
may
notify
the
attorney
general
3
to
institute
a
civil
action
in
district
court
for
injunctive
4
relief
and
for
the
assessment
of
a
civil
penalty
not
to
exceed
5
$10,000
per
violation
(Code
section
208.10A).
6
BILL’S
PROVISIONS.
The
bill
provides
requirements
when
7
the
operator
is
actively
engaged
in
mining
belowground
where
8
land
at
or
above
the
mine
site,
required
to
be
registered,
has
9
collapsed
in
the
form
of
a
sinkhole.
The
bill
requires
the
10
operator
to
immediately
notify
the
division
of
the
sinkhole.
11
The
division
may
adopt
rules
providing
for
the
reclamation
12
of
lands
disturbed
due
to
the
formation
of
a
sinkhole
at
or
13
above
an
active
underground
mine
site.
The
division
may
14
issue
an
emergency
remediation
order
to
the
operator
of
the
15
mine
requiring
immediate
restoration.
The
division
may
also
16
require
the
operator
to
submit
to
the
division
for
approval
a
17
remediation
plan
or
statement
affirming
that
the
remediation
18
has
been
completed
in
compliance
with
division
requirements.
19
The
total
amount
of
the
combined
bonds
posted
by
an
operator
20
may
be
applied
to
cover
the
costs
of
reclaiming
land
disturbed
21
at
any
one
mine
site.
22
The
bill
takes
effect
upon
enactment.
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