An Act To Improve Environmental Oversight and Streamline Permitting for Metallic Mineral Mining in Maine
Sec. 1. 12 MRSA §550-A, as amended by PL 1985, c. 819, Pt. A, §17, is repealed.
Sec. 2. 12 MRSA §685-B, sub-§1-A, ¶B-1 is enacted to read:
Sec. 3. 12 MRSA §685-B, sub-§4, ¶A, as amended by PL 1999, c. 333, §16, is further amended to read:
Sec. 4. 36 MRSA §2861, sub-§6, as enacted by PL 1991, c. 883, §4, is amended to read:
Sec. 5. 36 MRSA §2862, first ¶, as amended by PL 1991, c. 883, §5, is further amended to read:
Excise tax revenues remaining after municipal reimbursement and payments into the Mining Corrective Action Oversight Fund under section 2861 must be used as follows.
Sec. 6. 36 MRSA §2866, as enacted by PL 1991, c. 883, §8, is amended to read:
§ 2866. Mining Oversight Fund
Sec. 7. 38 MRSA §349-A, as enacted by PL 1989, c. 874, §1, is repealed.
Sec. 8. 38 MRSA §351, first ¶, as enacted by PL 1983, c. 574, §1, is amended to read:
The Maine Environmental Protection Fund, referred to in this subchapter as "the fund, " is established as a nonlapsing fund to supplement licensing programs administered by the Department of Environmental Protection. All Except as otherwise provided in this section, all fees established under this subchapter shall must be credited to the fund, and administrative expenses directly related to licensing programs shall must be charged to the fund , except that in fiscal year 1984, $41,250 shall be deposited in the General Fund.
Sec. 9. 38 MRSA §351, as amended by PL 1991, c. 9, Pt. E, §27, is further amended by adding after the first indented paragraph a new paragraph to read:
All fees related to metallic mineral mining applications and permits under section 352, subsection 4-A must be credited to the Metallic Mining Fund, Other Special Revenue Funds account, which is established as a subaccount of the Maine Environmental Protection Fund to provide for prompt and effective planning, oversight and implementation of metallic mineral mining operations.
Sec. 10. 38 MRSA §352, sub-§3, as amended by PL 2009, c. 642, Pt. A, §8, is further amended to read:
Sec. 11. 38 MRSA §352, sub-§4-A, as enacted by PL 1989, c. 874, §2, is repealed and the following enacted in its place:
Sec. 12. 38 MRSA §353, sub-§1-A, as enacted by PL 1989, c. 874, §3, is repealed.
Sec. 13. 38 MRSA §353, sub-§2, as amended by PL 1997, c. 794, Pt. B, §5, is further amended to read:
Sec. 14. 38 MRSA §420-D, sub-§5, as amended by PL 2011, c. 206, §8, is further amended to read:
A storm water permit pursuant to this section is not required for a project receiving review by a registered municipality pursuant to section 489-A if the storm water ordinances under which the project is reviewed are at least as stringent as the storm water standards adopted pursuant to section 484 or if the municipality meets the requirements of section 489-A, subsection 2-A, paragraph B.
Sec. 15. 38 MRSA §480-D, sub-§3, as amended by PL 2001, c. 618, §3, is further amended to read:
In determining whether mining, as defined in section 490-MM, subsection 11, will comply with this subsection, the department shall review an analysis of alternatives submitted by the applicant. For purposes of this subsection, a practicable alternative to mining, as defined in section 490-MM, subsection 11, that is less damaging to the environment is not considered to exist. The department may consider alternatives associated with the activity, including alternative design and operational measures, in its evaluation of whether the activity avoided and minimized impacts to the maximum extent practicable.
In determining whether there is unreasonable harm to significant wildlife habitat, the department may consider proposed mitigation if that mitigation does not diminish in the vicinity of the proposed activity the overall value of significant wildlife habitat and species utilization of the habitat and if there is no specific biological or physical feature unique to the habitat that would be adversely affected by the proposed activity. For purposes of this subsection, "mitigation" means any action taken or not taken to avoid, minimize, rectify, reduce, eliminate or compensate for any actual or potential adverse impact on the significant wildlife habitat, including the following:
Sec. 16. 38 MRSA §482, sub-§2, ¶B, as amended by PL 2005, c. 330, §18, is further amended to read:
Sec. 17. 38 MRSA §482, sub-§2-B, as amended by PL 1995, c. 700, §4, is repealed.
Sec. 18. 38 MRSA §484, sub-§4-A, as amended by PL 2009, c. 506, §1 and affected by §3, is further amended to read:
Sec. 19. 38 MRSA §485-A, sub-§1-C, as amended by PL 2009, c. 602, §2, is further amended to read:
Sec. 20. 38 MRSA §488, sub-§9, as amended by PL 2009, c. 615, Pt. E, §19, is further amended to read:
Review by the department of subsequent modifications to a development approved by the department is required. For a development or part of a development within the jurisdiction of the Maine Land Use Regulation Commission, the director of the commission may request and obtain technical assistance and recommendations from the department. The commissioner shall respond to the requests in a timely manner. The recommendations of the department must be considered by the Maine Land Use Regulation Commission in acting upon a development application.
Sec. 21. 38 MRSA §488, sub-§11, as repealed and replaced by PL 1997, c. 502, §10 and affected by §18, is amended to read:
Sec. 22. 38 MRSA §490, as amended by PL 1995, c. 700, §11, is repealed.
Sec. 23. 38 MRSA c. 3, sub-c. 1, art. 9 is enacted to read:
ARTICLE 9
MAINE METALLIC MINERAL MINING ACT
§ 490-LL. Short title
This article may be known and cited as "the Maine Metallic Mineral Mining Act."
§ 490-MM. Definitions
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.
As applied to surface water, "contamination" means a condition created by any direct or indirect discharge that causes or contributes to nonattainment of applicable water quality or licensing standards under section 414-A or 420. The nonattainment may be attributable to the mining operation either by itself or in combination with other discharges.
§ 490-NN. Administration and enforcement; rules; regulation by local units of government
§ 490-OO. Mining permit; application procedure
(1) A description of materials, methods and techniques that will be used;
(2) Information that demonstrates that the methods, materials and techniques proposed to be used are capable of accomplishing their stated objectives in protecting the environment and public health. The required information may consist of results of actual testing, modeling, documentation by credible independent testing and certification organizations or documented applications in similar uses and settings;
(3) Plans and schedules for interim and final reclamation of the mining area and the affected area following cessation of mining operations and plans and schedules for measures taken during suspension of operations, including contemporaneous reclamation, to the extent practicable;
(4) A description of the geochemistry of the ore, waste rock, overburden, peripheral rock, spent leach material and tailings, including characterization of leachability, reactivity and acid-forming characteristics;
(5) A mining operations closure plan;
(6) Provisions for the prevention, control and monitoring of acid-forming waste products and other waste products from the mining process in accordance with standards in subsection 4, paragraphs D and E;
(7) Storm water and surface water management provisions;
(8) A water quality monitoring plan;
(9) A description of the wastewater discharge management plan;
(10) A description of any tailings impoundment and the methods, materials and techniques to be used;
(11) A plan for the storage of hazardous materials; and
(12) An estimate of costs for reclamation, closure and environmental protection.
(1) In making a determination under this paragraph regarding a mining operation's effects on natural resources regulated by the Natural Resources Protection Act, the department shall apply the same standards applied under the Natural Resources Protection Act.
(2) The applicant must demonstrate that there is reasonable assurance that public and private water supplies will not be affected by the mining operations.
(3) The applicant must demonstrate that rules to protect human health and the environment adopted by the department pursuant to this article will be met.
§ 490-PP. Mining permit; duration; termination; revocation; transfer; amendment
(1) The air, water or other natural resources are not polluted or impaired from the mining operation;
(2) The permittee has otherwise fulfilled all conditions determined to be necessary by the department to protect the public health, safety and welfare and the environment; and
(3) The requirements for the post-closure monitoring period have been satisfied.
(1) Comply with all terms and conditions of the mining permit; and
(2) Satisfy all applicable statutory and regulatory criteria, including, but not limited to, providing adequate evidence of the financial assurance required by section 490-RR.
§ 490-QQ. Performance, operation and reclamation standards
§ 490-RR. Financial assurance
§ 490-SS. Mining and reclamation report
§ 490-TT. Violations
Sec. 24. 38 MRSA §633, sub-§2, as amended by PL 1989, c. 878, Pt. G, §8, is further amended to read:
Sec. 25. 38 MRSA §840, sub-§1, ¶D, as amended by PL 1995, c. 630, §2, is further amended to read:
Sec. 26. 38 MRSA §1319-E, sub-§1, ¶E, as amended by PL 1993, c. 355, §54, is further amended to read:
Sec. 27. 38 MRSA §1319-E, sub-§1, ¶F, as amended by PL 1993, c. 355, §54, is repealed.
Sec. 28. Mining Oversight Fund; legislative intent. It is the Legislature's intent that the Mining Oversight Fund created in the Maine Revised Statutes, Title 36, section 2866 be used only for its intended purpose to fund oversight of metallic mineral mining operations by the Department of Environmental Protection and the Metallic Mineral Fund created in the Maine Revised Statutes, Title 38, section 351 be used only for its intended purpose to provide for prompt and effective planning, oversight and implementation of metallic mineral mining operations and these funds should not be appropriated or allocated to any other purpose.
Sec. 29. Maine Land Use Regulation Commission rulemaking; issue screening.
1. Rulemaking; rezoning process. By January 15, 2013, the Maine Land Use Regulation Commission shall amend its rules relating to procedures and requirements for changes to land use subdistrict boundaries for metallic mineral mining activities to remove any provisions related to the permitting of metallic mineral mining activities regulated under the Maine Metallic Mineral Mining Act established in the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, article 9. The amended rules may only relate to the procedures and requirements necessary to review a rezoning application. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Prior to adoption of rules pursuant to this subsection, when reviewing an application for changes to a land use subdistrict boundary, the commission may only apply procedures and requirements necessary to review the rezoning and may not apply procedures and requirements related to environmental permitting regulated by the Department of Environmental Protection under the Maine Metallic Mineral Mining Act.
2. Issue screening. Within existing resources, or as resources become available through donations, the Maine Land Use Regulation Commission shall collect information regarding issues likely to arise in the rezoning of certain areas for metallic mineral mining for the purpose of making the rezoning process more efficient and complete.
3. Rulemaking; commission certification of mining permit applications. By January 10, 2014, the Maine Land Use Regulation Commission shall provisionally adopt and submit to the Legislature for review rules related to commission certification of metallic mineral mining permit applications as described in the Maine Metallic Mineral Mining Act established pursuant to the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, article 9. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 30. Department of Environmental Protection major substantive rulemaking.
1. Rulemaking. By January 10, 2014, the Department of Environmental Protection shall provisionally adopt and submit to the Legislature for review rules related to the Maine Metallic Mineral Mining Act established pursuant to the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, article 9. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
2. Standards. The rules adopted pursuant to subsection 1 must include standards determined by the department to be necessary to protect the public health and safety and the environment. Standards adopted by the department may include, but are not limited to, standards regarding effects on groundwater quantity, control of noise, preservation of historic sites, preservation of unusual natural areas, effects on scenic character and protection of wildlife and fisheries.
3. Maine Land Use Regulation Commission certification. The rules adopted pursuant to subsection 1 relating to the permitting process for a mining permit must provide for Maine Land Use Regulation Commission certification pursuant to the Maine Revised Statutes, Title 38, section 490-NN, subsection 2 in the initial stages of the permitting process.
Sec. 31. Existing rules; exploration and advanced exploration; rulemaking.
1. Existing rules. Except as otherwise provided in this section, rules regulating metallic mineral mining adopted by the Department of Environmental Protection and the Maine Land Use Regulation Commission prior to the effective date of this section remain in effect until the Legislature approves major substantive rules provisionally adopted by the Department of Environmental Protection pursuant to this Act.
2. Exploration and advanced exploration. The Department of Environmental Protection and the Maine Land Use Regulation Commission shall jointly amend their rules related to exploration and advanced exploration activities to clarify the permitting requirements for exploration and advanced exploration. Rules adopted pursuant to this subsection remain in effect until the Legislature approves major substantive rules provisionally adopted by the Department of Environmental Protection pursuant to this Act. Rules adopted pursuant to this subsection are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 32. Appropriations and allocations. The Metallic Mining Fund, Other Special Revenue Funds account is established as a nonlapsing fund under the jurisdiction and control of the Department of Environmental Protection. The Metallic Mining Fund is established to provide for the capacity for prompt and effective planning, oversight and implementation of metallic mining operations. Notwithstanding any other provision of law, the State Controller shall transfer $250,000 from the Uncontrolled Sites Fund under the Maine Revised Statutes, Title 38, section 1364, subsection 6 and $250,000 from the Ground Water Oil Clean-up Fund under Title 38, section 569-A to the Metallic Mining Fund, Other Special Revenue Funds account within the Department of Environmental Protection on or before September 30, 2013.
Sec. 33. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 12, Title 36 and Title 38 take effect June 1, 2014.