Quarry Reclamation And Reversionary Value

In the mid-I 970s the rallying cry sent out by the aggregate trade associations to aggregate operators was to come to Washington and help design national legislation mandating reclamation of pits and quarries. This collective effort paid off in that aggregate operators were able to assist in the design of "livable" legislation; however, the coal mining industry took some very hard hits. A principal argument used by the aggregate industry was that relatively small parcels of land are impacted, the operations are located in or near urban areas to serve in the development of that immediate area, and are of many years duration; whereas, coal strip mines disturb many acres, are of short duration, and whose products may have world or nationwide utilization. Historically, developments in reclamation are tied closely to the regulatory systems that have been created to control environmental effects of mining. Since reclamation generally results in a cost incurred after the stone, sand and gravel has been mined and does not add to the inherent value of the mineral, there was little incentive in the past for mine operators to reclaim the land. In 1977, the Surface Mining Control and Reclamation Act (SMCRA) became the law for coal mine operators. The law states that, among other provisions, reclamation must "restore the land affected to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses". It is of interest to note that years before the initiation of legislation leading to SMCRA twenty-eight states already had reclamation regulations that covered virtually all minerals. The scope of performance standards found in the state reclamation regulations included slope stabilization, grading, revegetation, neutralization of toxic materials, visual screening, waste disposal, control of drainage, and other sources of pollution and erosion. Environmental legislation and the consequent regulations came about because the public perceived that private industry did not properly value environmental quality and as a result the government became the policeman.