Bill Text: MI SB0591 | 2015-2016 | 98th Legislature | Engrossed
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
SB-0591, As Passed Senate, December 15, 2015
SENATE BILL No. 591
October 29, 2015, Introduced by Senator CASPERSON and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 63201 (MCL 324.63201), as added by 2004 PA 449,
and by adding part 634.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 subsection (4), a local unit of government
shall not regulate or control mining activities that are subject to
this part 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 affecting mining if the
ordinances or regulations do not duplicate, contradict, or conflict
with this part. However, the ordinances or regulations shall be
reasonable in accommodating customary mining activities.
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.
(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 $25,000.00 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
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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
