HB-4914, As Passed Senate, October 19, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4914

 

September 8, 2011, Introduced by Rep. Kowall and referred to the Committee on Appropriations.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending the headings of parts 631 and 633 and sections 1301,

 

9115, 63101, 63103, 63103a, 63103b, 63103c, 63103d, and 63103e (MCL

 

324.1301, 324.9115, 324.63101, 324.63103, 324.63103a, 324.63103b,

 

324.63103c, 324.63103d, and 324.63103e), section 1301 as amended by

 

2009 PA 120, section 9115 as amended by 2000 PA 504, section 63101

 

as amended by 2004 PA 449, section 63103 as added by 1995 PA 57,

 

sections 63103a and 63103c as amended by 2004 PA 325, and sections

 

63103b, 63103d, and 63103e as added by 1997 PA 149; and to repeal

 

acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1301. As used in this part:

 


     (a) "Application period" means the period beginning when an

 

application for a permit is received by the state and ending when

 

the application is considered to be administratively complete under

 

section 1305 and any applicable fee has been paid.

 

     (b) "Department" means the department, agency, or officer

 

authorized by this act to approve or deny an application for a

 

particular permit.

 

     (c) "Director" means the director of the state department

 

authorized under this act to approve or deny an application for a

 

particular permit or the director's designee.

 

     (d) "Permit" means a permit or operating license required by

 

any of the following sections or by rules promulgated thereunder,

 

or, in the case of section 9112, by an ordinance or resolution

 

adopted thereunder:

 

     (i) Section 3104, floodplain alteration permit.

 

     (ii) Section 3503, permit for use of water in mining iron ore.

 

     (iii) Section 4105, sewerage system construction permit.

 

     (iv) Section 6516, vehicle testing license.

 

     (v) Section 6521, motor vehicle fleet testing permit.

 

     (vi) Section 8310, restricted use pesticide dealer license.

 

     (vii) Section 8310a, agricultural pesticide dealer license.

 

     (viii) Section 8504, license to manufacture or distribute

 

fertilizer.

 

     (ix) Section 9112, local soil erosion and sedimentation control

 

permit.

 

     (x) Section 11509, solid waste disposal area construction

 

permit.

 


     (xi) Section 11512, solid waste disposal area operating

 

license.

 

     (xii) Section 11542, municipal solid waste incinerator ash

 

landfill operating license amendment.

 

     (xiii) Section 11702, septage waste servicing license or septage

 

waste vehicle license.

 

     (xiv) Section 11709, septage waste site permit.

 

     (xv) Section 30104, inland lakes and streams project permit.

 

     (xvi) Section 30304, state permit for dredging, filling, or

 

other activity in wetland. Permit includes an authorization for a

 

specific project to proceed under a general permit issued under

 

section 30312.

 

     (xvii) Section 31509, dam construction, repair, or removal

 

permit.

 

     (xviii) Section 32312, flood risk, high risk, or environmental

 

area permit.

 

     (xix) Section 32503, permit for dredging and filling

 

bottomland.

 

     (xx) Section 35304, department permit for critical dune area

 

use.

 

     (xxi) Section 36505, endangered species permit.

 

     (xxii) Section 41702, game bird hunting preserve license.

 

     (xxiii) Section 42101, dog training area permit.

 

     (xxiv) Section 42501, fur dealer's license.

 

     (xxv) Section 42702, game dealer's license.

 

     (xxvi) Section 44513, charter boat operating permit under

 

reciprocal agreement.

 


     (xxvii) Section 44517, boat livery operating permit.

 

     (xxviii) Section 45503, permit to take frogs for scientific use.

 

     (xxix) Section 45902, game fish propagation license.

 

     (xxx) Section 45906, game fish import license.

 

     (xxxi) Section 61525, oil or gas well drilling permit.

 

     (xxxii) Section 62509, brine, storage, or waste disposal well

 

drilling or conversion permit or test well drilling permit.

 

     (xxxiii) Section 63103a, metallic ferrous mineral mining permit.

 

     (xxxiv) Section 63514 or 63525, surface coal mining and

 

reclamation permit or revision of the permit, during the term of

 

the permit, respectively.

 

     (xxxv) Section 63704, sand dune mining permit.

 

     (xxxvi) Section 72108, use permits for Michigan trailway.

 

     (xxxvii) Section 76109, sunken aircraft or watercraft abandoned

 

property recovery permit.

 

     (xxxviii) Section 76504, Mackinac Island motor vehicle and land

 

use permits.

 

     (xxxix) Section 80159, buoy or beacon permit.

 

     (e) "Processing deadline" means the last day of the processing

 

period.

 

     (f) "Processing period" means the following time period after

 

the close of the application period, for the following permit, as

 

applicable:

 

     (i) Twenty days for a permit under section 61525 or 62509.

 

     (ii) Thirty days for a permit under section 9112.

 

     (iii) Thirty days after the department consults with the

 

underwater salvage and preserve committee created under section

 


76103, for a permit under section 76109.

 

     (iv) Sixty days, for a permit under section 30104 for a minor

 

project as established by rule under section 30105(7) or for a

 

permit under section 32312.

 

     (v) Sixty days or, if a hearing is held, 90 days for a permit

 

under section 35304.

 

     (vi) Sixty days or, if a hearing is held, 120 days for a permit

 

under section 30104, other than a permit for a minor project as

 

established by rule under section 30105(7), or for a permit under

 

section 31509.

 

     (vii) Ninety days for a permit under section 11512, a revision

 

of a surface coal mining and reclamation permit during the term of

 

the permit under section 63525, or a permit under section 72108.

 

     (viii) Ninety days or, if a hearing is held, 150 days for a

 

permit under section 3104, 30304, or 32503 or an authorization for

 

a specific project to proceed under a general permit issued under

 

section 30312.

 

     (ix) One hundred and twenty days for a permit under section

 

11509, 11542, 63103a, 63514, or 63704.

 

     (x) One hundred fifty days for a permit under section 36505.

 

However, if a site inspection or federal approval is required, the

 

150-day period is tolled pending completion of the inspection or

 

receipt of the federal approval.

 

     (xi) For any other permit, 150 days or, if a hearing is held,

 

90 days after the hearing, whichever is later.

 

     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 that

 

or a mining, reclamation, and environmental protection plan if the

 

plan contains soil erosion and sedimentation control provisions and

 

that 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, 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. 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.

 

PART 631

 

RECLAMATION OF MINING LANDS FERROUS MINERAL MINING

 

     Sec. 63101. As used in this part:

 

     (a) "Administratively complete" means an application for a

 

mining permit under this part that is determined by the department

 

to satisfy all of the conditions of this part and rules promulgated

 

under this part.

 

     (a) (b) "Department" means the department of environmental

 

quality.

 

     (c) "Life of the mine" means the period of time from issuance

 

of a permit under this part through the completion of reclamation

 

as required by this part.

 

     (b) (d) "Metallic "Ferrous mineral" or "mineral" means ferrous

 

ore or material mined for its ferrous content.

 

     (c) (e) "Metallic "Ferrous mineral operator" or "operator"

 

means a person who owns or leases the plant and equipment utilized

 

in a metallic mineral mining area and is engaged in the business of

 

mining metallic ferrous minerals or preparing to engage in mining

 

operations. for metallic minerals.

 

     (d) (f) "Metallic "Ferrous product" means a commercially

 

salable metallic ferrous mineral in its final marketable form or

 

state.

 

     (g) "Mineral" means any substance to be excavated from the

 

natural deposits on or in the earth for commercial, industrial, or

 

construction purposes, including gypsum, limestone, dolostone,

 


sandstone, shale, metallic mineral, or other solid materials.

 

However, mineral does not include clay, gravel, marl, peat, inland

 

sand or sand mined for commercial or industrial purposes, from sand

 

dune areas regulated under part 637, coal regulated under part 635,

 

or nonferrous metallic mineral regulated under part 632.

 

     (e) "Life of the mine" means the period of time from issuance

 

of a permit under this part through the completion of reclamation

 

as required by this part.

 

     (f) (h) "Mining area" or "area subjected to mining" means an

 

area of land from which material is removed in connection with the

 

production or extraction of ferrous minerals by surface or open pit

 

mining methods, the lands on which material from that mining is

 

deposited, the lands on which beneficiating or treatment plants and

 

auxiliary facilities are located, the lands or on which the water

 

reservoirs used in the mining process operation are located, and

 

includes auxiliary lands which are land that is used for these

 

purposes.

 

     (i) "Operator" means a metallic mineral operator or other

 

persons engaged in or preparing to engage in mining operations for

 

the production of mineral products.

 

     (g) "Mining operation" means a ferrous mineral mining

 

operation.

 

     (h) (j) "Stockpile" means material, including, but not limited

 

to, surface overburden, rock, or lean ore, which that in the

 

process of ferrous mineral mining and beneficiation or treatment

 

has been removed from the earth and stored on the surface. , but

 

excluding However, stockpile does not include materials that are

 


being treated in the production of mineral products and the mineral

 

product that has been produced by that operation.

 

     (i) (k) "Supervisor of reclamation" means the state

 

geologist.department.

 

     (j) (l) "Surface or open pit mining" means the mining of more

 

than 10,000 tons of a ferrous mineral or disturbing more than 1

 

acre of land a year in the regular operation of a business either

 

by removing the overburden lying above a natural deposit of a

 

ferrous mineral and mining directly from the natural deposit

 

exposed or by mining directly from a deposit lying exposed in the

 

ferrous mineral's natural state. Surface or open pit mining

 

includes all ferrous mineral mining below the water table or which

 

will upon cessation of mining result in creating a body of water of

 

any size. Surface or open pit mining does not include excavation or

 

grading preliminary to a construction project.

 

     (k) (m) "Tailings basin" means land on which is deposited, by

 

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

 

mineral product in the beneficiation or treatment of ferrous

 

minerals including any surrounding dikes constructed to contain the

 

material.

 

     Sec. 63103. On completion of the study and survey provided for

 

in section 63102, the The department may promulgate rules

 

pertaining to mining operations conducted subsequent to their

 

effective date, and subject to the provisions of any rights

 

existing pursuant to any permit, license, lease, or other valid

 

existing authorization issued by a governmental entity , and

 

subject to applicable mine safety laws or rules, for the following

 


purposes:

 

     (a) The sloping, terracing, or other practical treatment of

 

stockpiles and tailings basins where erosion is occurring or is

 

likely to occur that results or may result in injury or damage to

 

fish and wildlife or the pollution of public waters or that is

 

causing or might cause injury to the property or person of others.

 

     (b) The vegetation or other practical treatment of tailings

 

basins and stockpiles upon becoming permanently inactive where if

 

substantial natural vegetation is not expected within 5 years and

 

where if research reveals that vegetation can reasonably be

 

accomplished within practical limitations.

 

     (c) The stabilization of the surface overburden banks of open

 

pits in rock and the entire bank of open pits in unconsolidated

 

materials upon their abandonment.

 

     (d) The cleanup of plantsite and mining areas and the removal

 

of debris from those areas on termination of the mining operation.

 

     Sec. 63103a. A metallic ferrous mineral operator shall not

 

engage in the mining of metallic ferrous minerals except as

 

authorized by a permit issued by the department pursuant to part

 

13. The department shall not issue a permit unless the applicant

 

has submitted to the department, in addition to the permit

 

application, a mining and reclamation plan for the proposed

 

metallic ferrous mining activity as prescribed by section 63103b.

 

     Sec. 63103b. The mining and reclamation plan submitted under

 

section 63103a , for the total project, shall include all of the

 

following for the total project:

 

     (a) The method and direction of mining.

 


     (b) Surface overburden stripping plans.

 

     (c) The depth of grade level over the entire site from which

 

the metallic ferrous mineral will be removed.

 

     (d) Provisions for grading, revegetation, and stabilization

 

that will minimize soil erosion, sedimentation, and public safety

 

concerns.

 

     (e) The location of buildings, equipment, stockpiles, roads,

 

or other features necessary to the mining activity and provisions

 

for their removal and restoration of the area at the project

 

termination.

 

     (f) The interim use or uses of reclaimed areas before the

 

cessation of the entire mining operation.

 

     (g) Maps and other supporting documents required by the

 

department.

 

     (h) Fencing or other techniques to minimize trespass or

 

unauthorized access to the mining activity.

 

     (i) If required by the department when mining activity below

 

the water table is proposed, a hydrogeological survey of the

 

surrounding area.

 

     (j) If threatened or endangered species are identified, an

 

indication of how the threatened or endangered species will be

 

protected or, if not protected, what mitigation measures will be

 

performed.

 

     (k) If the proposed mining activity includes beneficiation or

 

treatment of the metallic ferrous ore or material mined for its

 

metallic ferrous content, the application documents shall include

 

specific plans depicting the beneficiation and treatment methods

 


and techniques, and manufacturer's material safety data sheets on

 

all chemicals or other additives that are not natural to the site,

 

that will be utilized in the process. The operator shall obtain all

 

applicable state and federal permits before beginning the

 

beneficiation process.

 

     Sec. 63103c. (1) A metallic ferrous mineral mining permit

 

issued by the department is valid for the life of the mine.

 

However, the department may revoke a metallic ferrous mineral

 

mining permit under the following conditions:

 

     (a) The person holding the permit permittee has not commenced

 

construction of plant facilities or conducted actual mining and

 

reclamation activities covered by the permit within 3 years after

 

the date of issuance of the permit.

 

     (b) The permittee requests the revocation of the metallic

 

ferrous mineral mining permit and the department determines the

 

mining activity has not polluted, impaired, or destroyed the air,

 

water, or other natural resources or the public trust in those

 

resources, as provided in part 17.

 

     (c) The permittee fails to submit the annual report of

 

production as required by section 63103d(2).

 

     (d) The department finds that the permittee is not in

 

compliance with this part, the rules promulgated under this part,

 

or the metallic ferrous mineral permit and there exists an imminent

 

threat to the health and safety of the public.

 

     (2) The department may order immediate suspension of any or

 

all activities at a metallic ferrous mineral mining operation,

 

including the removal of metallic ferrous product from the site, if

 


the department finds 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 operations shall be in effect for the

 

shorter of the following time periods: not more than 10 days, or

 

until the operation is in compliance and protection of the public

 

health and safety is ensured 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 operations 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 operations shall not be more than 30 days.

 

     (4) A metallic ferrous mineral mining permit may be

 

transferred to a new person with approval of the department. The

 

person acquiring 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 on the approved mining and reclamation plan.

 

Pending the transfer of the existing permit, the person acquiring

 

seeking to acquire the permit shall not operate the mine.

 

     (5) A metallic ferrous mineral mining permit shall not be

 

transferred to a person who has been determined by the department

 

to be in violation of any of the following, 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:

 

     (a) This part.

 

     (b) The rules promulgated under this part.

 

     (c) Permit conditions.

 

     (d) An order of the department.

 

     (6) If the permittee of a metallic ferrous mineral mining

 

operation is under notice because of unsatisfactory conditions at

 

the mining site involved in the transfer, then the permit for the

 

mining operation 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 agreement to

 

correct all of the unsatisfactory conditions.

 

     (7) A metallic ferrous mineral mining permit may be amended

 

upon submission to the department of a request by the permittee.

 

Upon receipt of the request to amend an existing metallic ferrous

 

mineral permit, the department shall determine if the request

 

constitutes a significant change from the conditions of the

 

approved permit. If the department determines the request is a

 

significant change from the conditions of the approved permit, the

 

department may submit the request for amendment to the same review

 

process as provided in section 63103c(7). part 13. If a request to

 

amend the permit is denied, the reasons for denial shall be stated

 

in a written report to the permittee. If the department determines

 

the request for amendment does not constitute a significant change

 

from the conditions of the approved permit, the department shall

 

approve the amendment and notify the permittee.

 

     Sec. 63103d. (1) For purposes of surveillance, monitoring,

 


administration, and enforcement of this part, a metallic ferrous

 

mineral operator shall be assessed a metallic ferrous mineral

 

surveillance fee on the metallic ferrous product produced for the

 

calendar year reported as described in subsection (2). The fee

 

shall be assessed upon each metallic product at the following

 

rates: gold shall be not more than 9.4 cents per troy ounce, silver

 

shall not be more than 0.13 cents per troy ounce, copper shall not

 

be more than 0.03 cents per pound, and iron ferrous product and

 

shall not be more than 1 cent per metric ton. Funds collected by

 

the assessment of the metallic ferrous mineral surveillance fee

 

shall not exceed the actual costs to the department of implementing

 

the sections of this part that pertain to metallic ferrous mineral

 

mining. Surveillance fees collected under this section shall be

 

forwarded to the state treasurer for deposit in the metallic

 

ferrous mineral surveillance fee fund created in section 63103e.

 

     (2) A metallic ferrous mineral operator shall file an annual

 

report of production on or before February 15 of each year. The

 

report shall contain the annual production of metallic ferrous

 

product from each metallic ferrous mineral mine.

 

     (3) The metallic ferrous mineral surveillance fee described in

 

subsection (1) shall be is due not more than 30 days after the

 

department sends written notice to the metallic ferrous mineral

 

operator of the amount due.

 

     (4) Failure to submit an annual report of production in

 

compliance with rules promulgated by the department constitutes

 

grounds for revocation of a permit.

 

     (5) A penalty equal to 10% of the amount due, or $1,000.00,

 


House Bill No. 4914 as amended October 19, 2011

 

whichever is greater, shall be assessed against the metallic

 

ferrous mineral operator for a fee that is not paid when due. An

 

unpaid fee and penalty shall constitute a debt and become the basis

 

of a judgment against the operator. Penalties paid pursuant to this

 

section shall be used for the implementation, administration, and

 

enforcement of this part.

 

     (6) Records upon which the annual report of production is

 

based shall be preserved for 3 years and are subject to audit by

 

the department.

 

     Sec. 63103e. (1) The metallic ferrous mineral 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 metallic ferrous mineral

 

surveillance fund. The state treasurer shall direct the investment

 

of the metallic ferrous mineral surveillance fund. The state

 

treasurer shall credit to the metallic ferrous mineral surveillance

 

fund interest and earnings from fund investments.

 

     (3) Money in the metallic ferrous mineral surveillance fund at

 

the close of the fiscal year shall remain in the metallic ferrous

 

mineral surveillance fund and shall not lapse to the general fund.

 

     (4) The department shall expend money from the metallic

 

ferrous mineral surveillance fund, upon appropriation, only for

 

surveillance, monitoring, administration, and enforcement under

 

this part and for computing the surveillance fee under section

 

63103d.

 

PART 633

 

MINERAL MINING AUTHORIZATION, MULTIPLE OWNERS

 

     <<Enacting section 1. Section 63102


House Bill No. 4914 as amended October 19, 2011

 

of the natural resources and environmental protection act, 1994

 

PA 451, MCL 324.63102, is repealed.

 

     >>