Iowa Code 208.16 – Transfer to new operator
Current as of: 2023 | Check for updates
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1. If control of a mine site registered pursuant to section 208.9 is acquired by an operator other than the operator holding authorization to conduct mining on the site, the new operator shall within thirty days apply for registration of the site. The application shall be made and processed as provided under sections 208.9 and 208.14. The former operator’s bond or security shall not be released until the new operator’s bond or security has been accepted by the division.
Terms Used In Iowa Code 208.16
- Division: means the division of soil conservation and water quality created within the department of agriculture and land stewardship pursuant to section 159. See Iowa Code 208.2
- mine site: means a site where mining is being conducted or has been conducted in the past. See Iowa Code 208.2
- Mining: means the excavation of gypsum, clay, stone, sand, gravel, or other ores or mineral solids, except coal, for sale or for processing or consumption in the regular operation of a business and shall include surface mining and underground mining. See Iowa Code 208.2
- Operator: means any person, firm, partnership, corporation, or political subdivision engaged in and controlling a mining operation. See Iowa Code 208.2
- Political subdivision: means any county, district, city, or other public agency within the state of Iowa. See Iowa Code 208.2
- Reclamation: means the process of restoring disturbed lands to the premined uses of the lands or other productive uses. See Iowa Code 208.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. The division may establish procedures for transferring the responsibility for reclamation of a mine site to a state agency or political subdivision, or to a private entity, which intends to use the site for other purposes. The division, with agreement from the receiving agency or subdivision, or from a private entity, to complete adequate reclamation, may approve the transfer of responsibility, release the bond or security, and terminate or amend the operator’s authorization to conduct mining on the site.