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