It's not just the modern way. It's how it often used to be done too - ask the Gloucester 8) Quite a few of our coal tips are a) higher than the Netherlands and b) have bases that are 2-300 years old and predate any record keeping or real understanding of the problem.
I think it's also a bit early to be assuming that the problem was solely modern or entirely the fault of the current mine owners, time (and the high court) will no doubt eventually figure it all out. As to their insurers - it may depend how much insurance they carry. If its not an unlimited policy the insurer may not be too worried, but the council may have a very large problem on its books if the mine owner goes bust as a result.
Alan