Bill Text: MI SB0591 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Natural resources; mining; small native copper mining operations; establish separate regulatory program for. Amends sec. 63201 of 1994 PA 451 (MCL 324.63201) & adds pt. 634.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-12-13 - Laid Over One Day Under The Rules [SB0591 Detail]

Download: Michigan-2015-SB0591-Engrossed.html

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SB-0591, As Passed House, December 13, 2016

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 591

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 3118, 9115, and 63201 (MCL 324.3118, 324.9115,

 

and 324.63201), section 3118 as amended by 2015 PA 82, section 9115

 

as amended by 2011 PA 214, and section 63201 as added by 2004 PA

 

449, and by adding part 634.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3118. (1) Except as otherwise provided in this section,

 

until October 1, 2019, the department shall collect storm water

 

discharge fees from persons who apply for or have been issued storm

 

water discharge permits as follows:

 

     (a) A 1-time fee of $400.00 is required for a permit related

 

solely to a site of construction activity for each permitted site.

 

The fee shall be submitted by the permit applicant with his or her

 

application for an individual permit or for a certificate of

 

coverage under a general permit. For a permit by rule, the fee

 

shall be submitted by the construction site permittee along with

 

his or her notice of coverage. A person needing more than 1 permit

 

may submit a single payment for more than 1 permit and receive

 

appropriate credit. Payment of the fee under this subdivision or

 

verification of prepayment is a necessary part of a valid permit

 

application or notice of coverage under a permit by rule.

 

     (b) An annual fee of $260.00 is required for a permit related

 

solely to a storm water discharge associated with industrial

 

activity or from a commercial site for which the department

 

determines a permit is needed.

 

     (c) An annual fee of $500.00 is required for a permit for a

 

municipal separate storm sewer system, unless the permit is issued

 

to a city, a village, a township, or a county or is a single permit

 

authorization for municipal separate storm sewer systems in

 

multiple locations statewide.

 

     (d) An annual fee for a permit for a municipal separate storm

 

sewer system issued to a city, village, or township shall be

 

determined by its population in an urbanized area as defined by the

 

United States Bureau of the Census. The fee shall be based on the

 

latest available decennial census as follows:

 

     (i) For a population of 1,000 people or fewer, the annual fee

 

is $500.00.

 

     (ii) For a population of more than 1,000 people, but fewer

 

than 3,001 people, the annual fee is $1,000.00.

 

     (iii) For a population of more than 3,000 people, but fewer

than 10,001 people, the annual fee is $2,000.00.

 

     (iv) For a population of more than 10,000 people, but fewer

 

than 30,001 people, the annual fee is $3,000.00.

 

     (v) For a population of more than 30,000 people, but fewer

 

than 50,001 people, the annual fee is $4,000.00.

 

     (vi) For a population of more than 50,000 people, but fewer

 

than 75,001 people, the annual fee is $5,000.00.

 

     (vii) For a population of more than 75,000 people, but fewer

 

than 100,001 people, the annual fee is $6,000.00.

 

     (viii) For a population of more than 100,000 people, the

 

annual fee is $7,000.00.

 

     (e) An annual fee of $3,000.00 is required for a permit for a

 

municipal separate storm sewer system issued to a county.

 

     (f) An annual fee for a single municipal separate storm sewer

 

systems permit authorizing a state or federal agency to operate

 

municipal separate storm sewer systems in multiple locations

 

statewide shall be determined in accordance with a memorandum of

 

understanding between that state or federal agency and the

 

department and shall be based on the projected needs by the

 

department to administer the permit.

 

     (2) A storm water discharge permit is not required for a

 

municipality that does not own or operate a separate storm sewer

 

system. The department shall not collect storm water discharge fees

 

under this section from a municipality that does not own or operate

 

a separate storm sewer system.

 

     (3) Permit fees required under this section are nonrefundable.

 

     (4) A person possessing a permit not related solely to a site

of construction activity as of January 1 shall be assessed a fee.

 

The department shall notify those persons of their fee assessments

 

by February 1. Payment shall be postmarked no later than March 15.

 

Failure by the department to send a fee assessment notification by

 

the deadline, or failure of a person to receive a fee assessment

 

notification, does not relieve that person of his or her obligation

 

to pay the fee. If the department does not meet the February

 

deadline for sending the fee assessment, the fee assessment is due

 

not later than 45 days after the permittee receives a fee

 

notification.

 

     (5) If a storm water permit is issued for a drainage district,

 

the drainage district is responsible for the applicable fee under

 

this section.

 

     (6) The department shall assess interest on all fee payments

 

submitted under this section after the due date. The permittee

 

shall pay an additional amount equal to 0.75% of the payment due

 

for each month or portion of a month the payment remains past due.

 

     (7) The department shall forward all fees and interest

 

payments collected under this section to the state treasurer for

 

deposit into the fund.

 

     (8) The department shall make payment of the required fee

 

assessed under this section a condition of issuance or reissuance

 

of a permit not related solely to a site of construction activity.

 

     (9) In addition to any other penalty provided in this part, if

 

a person fails to pay the fee required under this section by its

 

due date, the person is in violation of this part and the

 

department may undertake enforcement actions as authorized under

this part.

 

     (10) The attorney general may bring an action to collect

 

overdue fees and interest payments imposed under this section.

 

     (11) If the permit is for a municipal separate storm sewer

 

system and the population served by that system is different than

 

the latest decennial census, the permittee may appeal the annual

 

fee determination and submit written verification of actual

 

population served by the municipal separate storm sewer system.

 

     (12) A person who wishes to appeal either a fee or a penalty

 

assessed under this section is limited to an administrative appeal,

 

in accordance with section 631 of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.631. The appeal shall be filed within 30

 

days of the department's fee notification under subsection (4).

 

     (13) As used in this section and section 3119:

 

     (a) "Certificate of coverage" means a document issued by the

 

department that authorizes a discharge under a general permit.

 

     (b) "Clean water act" means the federal water pollution

 

control act, 33 USC 1251 to 1387.1376.

 

     (c) "Construction activity" means a human-made earth change or

 

disturbance in the existing cover or topography of land that is 5

 

acres or more in size, for which a national permit is required

 

pursuant to 40 CFR 122.26(a), and which is described as a

 

construction activity in 40 CFR 122.26(b)(14)(x). 122.26(b)(14)(x).

 

Construction activity includes clearing, grading, and excavating

 

activities. Construction activity does not include the practice of

 

clearing, plowing, tilling soil, and harvesting for the purpose of

 

crop production.

     (d) "Fee" means a storm water discharge fee authorized under

 

this section.

 

     (e) "Fund" means the storm water fund created in section 3119.

 

     (f) "General permit" means a permit issued authorizing a

 

category of similar discharges.

 

     (g) "Individual permit" means a site-specific permit.

 

     (h) "Municipal separate storm sewer system" means all separate

 

storm sewers that are owned or operated by the United States or a

 

state, city, village, township, county, district, association, or

 

other public body created by or pursuant to state law, having

 

jurisdiction over disposal of sewage, industrial wastes, storm

 

water, or other wastes, including special districts under state

 

law, such as a sewer district, flood control district, or drainage

 

district or similar entity, or a designated or approved management

 

agency under section 208 of the clean water act, 33 USC 1288, that

 

discharges to waters of the state. Municipal separate storm sewer

 

system includes systems similar to separate storm sewer systems in

 

municipalities, such as systems at military bases, large hospital

 

or prison complexes, and highways and other thoroughfares.

 

Municipal separate storm sewer system does not include separate

 

storm sewers in very discrete areas, such as individual buildings.

 

     (i) "Notice of coverage" means a notice that a person engaging

 

in construction activity agrees to comply with a permit by rule for

 

that activity. A notice of coverage is not required to include a

 

copy of an individual permit issued under part 91 if the notice of

 

coverage includes a copy of a permit for the construction activity

 

issued under part 615, 625, 631, 632, or 634, along with any forms

or diagrams pertaining to soil erosion and sedimentation control

 

that were part of the application for that permit.

 

     (j) "Permit" or "storm water discharge permit" means a permit

 

authorizing the discharge of wastewater or any other substance to

 

surface waters of the state under the national pollutant discharge

 

elimination system, pursuant to the clean water act or this part

 

and the rules and regulations promulgated under that act or this

 

part.

 

     (k) "Public body" means the United States, the state of

 

Michigan, this state, a city, village, township, county, school

 

district, public college or university, or single purpose

 

governmental agency, or any other body that is created by federal

 

or state statute or law.

 

     (l) "Separate storm sewer system" means a system of drainage,

 

including, but not limited to, roads, catch basins, curbs, gutters,

 

parking lots, ditches, conduits, pumping devices, or man-made

 

channels, that has the following characteristics:

 

     (i) The system is not a combined sewer where storm water mixes

 

with sanitary wastes.

 

     (ii) The system is not part of a publicly owned treatment

 

works.

 

     (m) "Storm water" means storm water runoff, snowmelt runoff,

 

and surface runoff and drainage.

 

     (n) "Storm water discharge associated with industrial

 

activity" means a point source discharge of storm water from a

 

facility that is defined as an industrial activity under 40 CFR

 

122.26(b)(14)(i) to (ix) and (xi).122.26(b)(14)(i) to (ix) and

(xi).

 

     Sec. 9115. (1) Subject to subsection (2), a person engaged in

 

the logging industry, the mining industry, or the plowing or

 

tilling of land for the purpose of crop production or the

 

harvesting of crops is not required to obtain a permit under this

 

part. However, all earth changes associated with the activities

 

listed in this section shall conform to the same standards as if

 

they required a permit under this part. The exemption from

 

obtaining a permit under this subsection does not include either of

 

the following:

 

     (a) Access roads to and from the site where active mining or

 

logging is taking place.

 

     (b) Ancillary activities associated with logging and mining.

 

     (2) This part does not apply to a metallic mineral mining

 

activity that is regulated under a mining and reclamation plan

 

under part 631 or 634 or a mining, reclamation, and environmental

 

protection plan under part 632, if the plan contains soil erosion

 

and sedimentation control provisions and is approved by the

 

department. under part 631 or 632, respectively.

 

     (3) A person is not required to obtain a permit from a county

 

enforcing agency or a municipal enforcing agency for earth changes

 

associated with well locations, surface facilities, flowlines, or

 

access roads relating to oil or gas exploration and development

 

activities regulated under part 615 or mineral well exploration and

 

development activities regulated under part 625, if the application

 

for a permit to drill and operate under part 615 contains a soil

 

erosion and sedimentation control plan that is approved by the

department under part 615 or 625. However, those earth changes

 

shall conform to the same standards as required for a permit under

 

this part. This subsection does not apply to a multisource

 

commercial hazardous waste disposal well as defined in section

 

62506a.

 

     (4) As used in this section, "mining" does not include the

 

removal of clay, gravel, sand, peat, or topsoil.

 

     Sec. 63201. As used in this part:

 

     (a) "Administratively complete" means describes an application

 

for a mining permit under this part that is determined by the

 

department to contain contains all of the documents and information

 

required under this part and any rules promulgated under this part.

 

     (b) "Affected area" means an area outside of the mining area

 

where the land surface, surface water, groundwater, or air

 

resources are determined through an environmental impact assessment

 

to be potentially affected by mining operations within the proposed

 

mining area.

 

     (c) "Department" means the department of environmental

 

quality.

 

     (d) "Emergency management coordinator" means that term as

 

defined in section 2 of the emergency management act, 1976 PA 390,

 

MCL 30.402.

 

     (e) "Fund" means the nonferrous metallic mineral surveillance

 

fund created in section 63217.

 

     (f) "Metallic product" means a commercially salable mineral

 

produced primarily for its nonferrous metallic mineral content in

 

its final marketable form or state.

     (g) "Mining", except as provided in subdivision (h), means the

 

excavation or removal of more than 10,000 tons of earth material in

 

a calendar year or disturbing more than 1 acre of land in a

 

calendar year in the regular operation of a business for the

 

purpose of extracting a nonferrous metallic mineral or minerals by

 

1 or both of the following:

 

     (i) Removing the overburden lying above natural deposits of a

 

mineral and excavating directly from the natural deposits thus

 

exposed or by excavating directly from deposits lying exposed in

 

their natural state.

 

     (ii) Excavating from below the surface of the ground by means

 

of shafts, tunnels, or other subsurface openings.

 

     (h) Mining does not include an operation that is subject to

 

part 634.

 

     (i) (h) "Mining area" means an area of land from which earth

 

material is removed in connection with nonferrous metallic mineral

 

mining, the lands on which material from that mining is stored or

 

deposited, the lands on which beneficiating or treatment plants and

 

auxiliary facilities are located, the lands on which the water

 

reservoirs used in the nonferrous metallic mineral mining process

 

are located, and auxiliary lands that are used in connection with

 

the mining.

 

     (j) (i) "Mining permit" means a permit issued under this part

 

for conducting nonferrous metallic mineral mining and reclamation

 

operations.

 

     (k) (j) "Nonferrous metallic mineral" means any ore or

 

material to be excavated from the natural deposits on or in the

earth for its metallic content, but not primarily for its iron or

 

iron mineral content, to be used for commercial or industrial

 

purposes.

 

     (l) (k) "Nonferrous metallic mineral operator" or "operator"

 

means a permittee or other person who is engaged in, or who is

 

preparing to engage in, mining operations for nonferrous metallic

 

minerals, whether individually or jointly, or through agents,

 

employees, or contractors.

 

     (m) (l) "Permittee" means a person who holds a mining permit.

 

     (n) (m) "Postclosure monitoring period" means a period

 

following closure of a nonferrous metallic mineral mine during

 

which the permittee is required to conduct monitoring of

 

groundwater and surface water.

 

     (o) (n) "Stockpile" means material, including, but not limited

 

to, surface overburden, rock, or lean ore, that in the process of

 

mining and beneficiation or treatment has been removed from the

 

earth and stored on the surface. Stockpile does not include

 

materials that are being treated in the production of metallic

 

products and the metallic product that has been produced by that

 

operation.

 

     (p) (o) "Tailings basin" means land on which is deposited, by

 

hydraulic or other means, the material that is separated from the

 

metallic product in the beneficiation or treatment of minerals

 

including and includes any surrounding dikes constructed to contain

 

the material.

 

PART 634

 

SMALL NATIVE COPPER MINES

     Sec. 63401. As used in this part:

 

     (a) "Administratively complete" refers to an application for a

 

mining permit under this part that includes the fee and all of the

 

documents and other information required under this part and any

 

rules promulgated under this part.

 

     (b) "Conformance bond" means a surety bond that has been

 

executed by a surety company authorized to do business in this

 

state, cash, a certificate of deposit, a letter of credit, or other

 

security filed by a person and accepted by the department to ensure

 

compliance with this part or rules promulgated under this part.

 

     (c) "Department" means the department of environmental

 

quality.

 

     (d) "Fund" means the small native copper mine surveillance

 

fund created in section 63415.

 

     (e) "Life of the mine" means the period from initiation of

 

mining activities through the completion of reclamation.

 

     (f) "Mine" or "mining" means an operation to excavate or

 

remove earth material that generates not less than 10,000 tons and

 

not more than 75,000 tons of waste rock in a calendar year or

 

disturbs not less than 1 acre and not more than 10 acres of land in

 

a calendar year in the regular operation of a business for the

 

primary purpose of extracting native copper by 1 or both of the

 

following:

 

     (i) Removing the overburden lying above natural deposits of

 

native copper and excavating directly from the natural deposits

 

thus exposed or by excavating directly from deposits lying exposed

 

in their natural state.

     (ii) Excavating from below the surface of the ground by means

 

of shafts, tunnels, or other subsurface openings.

 

     (g) "Mining activity" means any of the following activities

 

within a mining area for the purpose of, or associated with,

 

mining:

 

     (i) Clearing and grading of land.

 

     (ii) Drilling and blasting.

 

     (iii) Excavation of earth materials to access or remove ore.

 

     (iv) Crushing, grinding, or separation activities.

 

     (v) Reclamation.

 

     (vi) Transportation of overburden, waste rock, ore, and

 

tailings within the mining area.

 

     (vii) Storage, relocation, and disposal of overburden, waste

 

rock, ore, and tailings within a mining area, including backfilling

 

of mined areas.

 

     (viii) Construction of water impoundment and drainage

 

features.

 

     (ix) Construction of haul roads.

 

     (x) Construction of utilities or extension of existing

 

utilities.

 

     (xi) Withdrawal, transportation, and discharge of water in

 

connection with mining.

 

     (h) "Mining area" means all of the following:

 

     (i) Land from which material is removed by surface or open pit

 

mining methods.

 

     (ii) Land on which adits, shafts, or other openings between

 

the land surface and underground mine workings are located.

     (iii) Land on which material from mining is deposited.

 

     (iv) Land on which crushing, grinding, or separation

 

facilities are located.

 

     (v) Land on which water reservoirs used in connection with

 

mining are located.

 

     (i) "Mining permit" or "permit" means a permit issued under

 

section 63405 for conducting mining activities.

 

     (j) "Native copper" means copper in its elemental form.

 

     (k) "Operator" means a person that is engaged in or preparing

 

to engage in mining activities, whether individually or jointly, or

 

through agents, employees, or contractors, and that has overall

 

responsibility for the mining activities.

 

     (l) "Permittee" means a person that holds a mining permit.

 

     (m) "Waste rock" means earth material that is excavated during

 

mining, from which the economically recoverable native copper has

 

been separated, and that is stored on the surface for 1 year or

 

more. Waste rock does not include earth material from excavation or

 

grading done in preparation for commencement of mining.

 

     Sec. 63403. (1) The department shall administer and enforce

 

this part. In addition to other powers granted to it, the

 

department may promulgate rules it considers necessary to carry out

 

its duties under this part.

 

     (2) The department may enter at any reasonable time in or upon

 

a mining area for the purpose of inspecting and investigating

 

conditions relating to mining activities.

 

     (3) Subject to subsections (4) and (5), a local unit of

 

government shall not regulate or control mining or reclamation

activities that are subject to this part, including construction,

 

operation, closure, postclosure monitoring, reclamation, and

 

remediation activities, and does not have jurisdiction concerning

 

the issuance of permits for those activities.

 

     (4) A local unit of government may enact, maintain, and

 

enforce ordinances or regulations restricting blasting, crushing,

 

and grinding activities to the hours of 6 a.m. to 9 p.m. if there

 

is a residential building where people are usually present at least

 

4 hours per day within 660 feet of the mining area at the time a

 

permit application is received by the department.

 

     (5) Any ordinances or regulations under subsection (4) shall

 

be reasonable in accommodating customary mining activities and

 

shall not duplicate, contradict, or conflict with this part.

 

     (6) If a local unit of government submits a request to the

 

department that includes a demonstration of a substantiated concern

 

of water contamination at an identified receptor point from a

 

mining activity, the department shall require the permittee to

 

collect and analyze 1 or more water quality samples. If the

 

receptor point is a water supply well, the sample or samples shall

 

be collected from groundwater at a point between the mining

 

activity and the water supply well. If the receptor point is a

 

surface water body, the sample or samples shall be collected from

 

the surface water body at its nearest point immediately

 

downgradient from the mining activity. The sample or samples shall

 

be analyzed for the following minimum parameters using laboratory

 

methods approved by the United States Environmental Protection

 

Agency:

     (a) Total dissolved solids.

 

     (b) Copper.

 

     (c) Nitrate.

 

     Sec. 63405. (1) A person shall not engage in mining activities

 

except as authorized by a mining permit issued by the department. A

 

separate mining permit is required for each mine.

 

     (2) An application for a mining permit shall be submitted by

 

the operator to the department on a form prescribed by the

 

department. The application shall include all of the following:

 

     (a) A permit application fee of $5,000.00. The department

 

shall forward all permit application fees received under this

 

section to the state treasurer for deposit in the fund.

 

     (b) Provisions for a conformance bond as described in section

 

63409.

 

     (c) A mining and reclamation plan as described in subsection

 

(3).

 

     (3) The mining and reclamation plan required in subsection (2)

 

shall include all of the following:

 

     (a) A map or maps showing the locations and dimensions of the

 

following:

 

     (i) Proposed adits, shafts, underground mine workings, and

 

surface pits.

 

     (ii) Proposed overburden, waste rock, and ore stockpiles.

 

     (iii) Any crushing, grinding, or separation equipment that

 

will be utilized.

 

     (b) A description of the mining methods that will be utilized.

 

     (c) Plans and descriptions of measures that will minimize soil

erosion and sedimentation during mining activities.

 

     (d) A map and description of fencing or other techniques to

 

minimize public safety hazards.

 

     (e) Plans and schedules for reclamation of the mining area

 

following cessation of mining activities. The plans and schedules

 

shall provide for grading, revegetation, and stabilization that

 

will do all of the following:

 

     (i) Minimize soil erosion and sedimentation.

 

     (ii) Protect public safety.

 

     (iii) Establish conditions that promote future beneficial use

 

and do not require perpetual care.

 

     (f) Plans and schedules for baseline water quality sampling.

 

The baseline water quality sampling shall consist of collection of

 

samples from available water supply wells, up to a maximum of 5,

 

within 1,320 feet of the proposed mining area, and from the nearest

 

surface water body, if any, within 1,320 feet. The samples shall be

 

analyzed for the following minimum parameters using laboratory

 

methods approved by the United States Environmental Protection

 

Agency:

 

     (i) Total dissolved solids.

 

     (ii) Copper.

 

     (iii) Nitrate.

 

     (4) Within 14 days after receiving an application for a mining

 

permit, the department shall publish notice of the application in a

 

newspaper of local distribution in the area of the proposed mine

 

and shall post a copy of the application on its website.

 

     (5) Effective 14 days after the department receives an

application for a mining permit, the application shall be

 

considered to be administratively complete unless the department

 

proceeds as provided under subsection (6).

 

     (6) If, before the expiration of the 14-day period under

 

subsection (5), the department notifies the applicant that the

 

application is not administratively complete, specifying the

 

information or fee necessary to make the application

 

administratively complete, the running of the 14-day period under

 

subsection (5) is tolled until the applicant submits to the

 

department the specified information or fee.

 

     (7) Subject to subsection (8), the department shall grant or

 

deny a mining permit within 45 days after an application is

 

considered or determined to be administratively complete under

 

subsection (5) or (6). If a mining permit is denied, the reasons

 

shall be stated in a written report to the applicant.

 

     (8) If the department determines that information in the

 

application is insufficient to determine whether a permit may be

 

granted, the department may request additional information or

 

clarification from the applicant. The 45-day period under

 

subsection (7) is tolled until the applicant submits the requested

 

information.

 

     Sec. 63407. (1) A mining permit is valid for the life of the

 

mine. However, the department may revoke a permit if the permittee

 

has not commenced mining activities covered by the permit within 3

 

years after the date of issuance of the permit.

 

     (2) The department may terminate a mining permit upon request

 

of the permittee if the department determines that the permittee

has complied with all applicable provisions of this part.

 

     (3) A mining permit may be transferred with approval of the

 

department. The person seeking to acquire the permit shall submit a

 

request for transfer of the permit to the department on forms

 

provided by the department. The person acquiring the permit shall

 

accept the conditions of the existing permit and adhere to the

 

requirements set forth in the approved mining and reclamation plan

 

and provide a conformance bond as set forth in section 63409.

 

Pending the transfer of the existing permit, the person seeking to

 

acquire the permit shall not operate the mine.

 

     (4) A mining permit shall not be transferred to a person who

 

has been determined by the department to be in violation of this

 

part, rules promulgated under this part, or a condition of a permit

 

issued under this part, until the person acquiring the permit has

 

corrected the violation or the department has accepted a compliance

 

schedule and a written agreement has been reached to correct the

 

violations.

 

     (5) If the permittee has been notified by the department of a

 

violation of this part, rules promulgated under this part, or a

 

condition of the permit issued under this part at the mining area

 

involved in the transfer, then the mining permit shall not be

 

transferred to a person until the permittee has completed the

 

necessary corrective actions or the person acquiring the permit has

 

entered into a written consent agreement to correct the violation.

 

     (6) A mining permit may be amended upon submission to the

 

department of a request by the permittee. The department shall

 

determine whether the requested amendment constitutes a significant

change to the mining and reclamation plan. If the department

 

determines that the requested amendment constitutes a significant

 

change, the department shall submit the request for amendment to

 

the same review process as provided for a new permit application in

 

section 63405(4) to (8). If the department determines that the

 

requested amendment does not constitute a significant change, the

 

department shall approve the request within 14 days after receiving

 

the request.

 

     Sec. 63409. (1) For each mine, an operator shall maintain a

 

conformance bond in the amount of $50,000.00 during mining

 

activities and until the department determines that all reclamation

 

has been completed in compliance with the mining permit.

 

     (2) If an operator violates subsection (1), the department may

 

order immediate suspension of mining activities, including the

 

removal of native copper from the site.

 

     Sec. 63411. (1) An operator shall comply with all other

 

applicable requirements of this act.

 

     (2) An operator shall conduct mining activities at a mining

 

area in conformance with the approved mining and reclamation plan.

 

     (3) If mining activities are suspended for a continuous period

 

exceeding 240 days, the operator shall maintain, monitor, and

 

secure the mining area and shall conduct any interim sloping or

 

stabilizing of surfaces necessary to protect the environment,

 

natural resources, or public health and safety in accordance with

 

the mining permit.

 

     (4) Subject to subsection (5), an operator shall begin final

 

reclamation of a mining area within 3 years after the date of

cessation of other mining activities and shall complete reclamation

 

within the time set forth in the mining and reclamation plan

 

approved by the department.

 

     (5) Upon written request of the operator, the department may

 

approve an extension of time to begin or complete final

 

reclamation.

 

     (6) Compliance with this part does not relieve a person of the

 

responsibility to comply with all other applicable state or federal

 

statutes or regulations.

 

     Sec. 63413. (1) For purposes of surveillance, monitoring,

 

administration, and enforcement of this part, an operator shall pay

 

the department by February 15 each year an operating fee of

 

$5,000.00 for each mine where mining activities were ongoing as of

 

December 31 of the previous year. The fee is due each year until

 

the mining activities cease and the department has released the

 

conformance bond.

 

     (2) A penalty equal to 2% of the amount due shall be assessed

 

against the operator for each month or part of a month during which

 

an operating fee has not been paid after the due date.

 

     (3) The department shall forward all annual operating fees and

 

penalties collected under this section to the state treasurer for

 

deposit in the fund.

 

     Sec. 63415. (1) The small native copper mine surveillance fund

 

is created within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund. The state treasurer shall

 

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (4) The department shall expend money from the fund, upon

 

appropriation, only for surveillance, monitoring, administration,

 

and enforcement under this part.

 

     Sec. 63417. (1) If the department determines that an operator

 

has failed or neglected to perform reclamation in conformance with

 

this part or rules promulgated under this part, the department

 

shall give notice of this determination, in writing, to the

 

operator and to the surety executing the conformance bond under

 

section 63409. The notice of determination may be served upon the

 

operator and surety in person or by registered mail. If the

 

operator or surety fails or neglects to properly commence the

 

required reclamation within 90 days after the date of service or

 

mailing of the notice or fails to proceed with reclamation at a

 

rate that will conclude the reclamation within the period specified

 

in the mining and reclamation plan, the department may enter into

 

and upon any private or public property on which the mining area is

 

located and upon and across any private or public property

 

necessary to reach the mining area and conduct necessary

 

reclamation, and the operator and surety are jointly and severally

 

liable for all expenses incurred by the department. The department

 

shall certify to the operator and surety the claim of the state in

 

writing, listing the items of expense incurred in reclamation. The

 

claim shall be paid by the operator or surety within 30 days, and

 

if it is not paid within that time the department may bring suit

Senate Bill No. 591 as amended June 2, 2016

against the operator or surety, jointly or severally, for the

 

collection of the claim in any court of competent jurisdiction in

 

the county of Ingham.

 

     (2) The department may order immediate suspension of any

 

mining activities if the department finds that there exists an

 

emergency endangering the public health and safety or an imminent

 

threat to the natural resources of the state.

 

     (3) An order suspending mining activities under subsection (2)

 

shall be in effect until the endangerment to the public health and

 

safety or the threat to the natural resources has been eliminated,

 

but not more than 10 days. To extend the suspension beyond 10 days,

 

the department shall issue an emergency order to continue the

 

suspension of mining activities and shall schedule a hearing as

 

provided by the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328. The total duration of the suspension of

 

activities shall not be more than 30 days.

 

     (4) At the request of the department, the attorney general may

 

institute an action in a circuit court of the county in which the

 

mining area is located for a restraining order or injunction or

 

other appropriate remedy to prevent or preclude a violation of this

 

part or a rule promulgated under this part.

     [Sec. 63418. mining of earth material that has significant acid-forming or leachable characteristics is not subject to this part.]

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.