Michigan Laws 324.63207 – Mining permit; duration; termination; revocation; transfer; amendment; exceptions
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Terms Used In Michigan Laws 324.63207
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Department: means the department of environmental quality. See Michigan Laws 324.63201
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- 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. See Michigan Laws 324.63201
- Mining permit: means a permit issued under this part for conducting nonferrous metallic mineral mining and reclamation operations. See Michigan Laws 324.63201
- 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. See Michigan Laws 324.63201
- Permittee: means a person who holds a mining permit. See Michigan Laws 324.63201
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- 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. See Michigan Laws 324.63201
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- 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. See Michigan Laws 324.63201
- 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 and includes any surrounding dikes constructed to contain the material. See Michigan Laws 324.63201
(1) A mining permit issued by the department remains in effect until terminated or revoked by the department.
(2) The department may terminate a mining permit under 1 or more of the following conditions:
(a) The permittee has not commenced construction of plant facilities or conducted actual mining activities covered by the mining permit within 2 years after the effective date of the mining permit.
(b) The permittee has completed final reclamation of the mining area and requests the termination of the mining permit and the department determines all of the following:
(i) The mining operation has not polluted, impaired, or destroyed the air, water, or other natural resources or the public trust in those resources by activities conducted within the scope of the permit.
(ii) 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.
(iii) The requirements for the postclosure monitoring period have been satisfied.
(3) The department may revoke a mining permit pursuant to section 63221.
(4) A permittee shall not transfer a mining permit to a new operator unless all of the following occur:
(a) The person acquiring the mining permit submits to the department on forms provided by the department a request for transfer of the mining permit and provides the financial assurance required under section 63211.
(b) The person acquiring the mining permit accepts the conditions of the existing mining permit and adheres to the requirements set forth in this part.
(c) If the department determines that the permittee is in violation of this part or rules promulgated under this part at the mining site involved in the transfer, the permittee has completed the necessary corrective actions or the person acquiring the mining permit has entered into a written consent agreement to correct all of the violations.
(d) The department, after providing public notice of the proposed transfer, approves the transfer.
(5) Pending the transfer of an existing mining permit under subsection (4), the proposed transferee shall not operate the mine.
(6) A mining permit shall be amended as follows:
(a) A mining permit amendment shall be initiated as provided in either of the following:
(i) The permittee submits to the department a request to amend the mining permit to address anticipated changes in the mining operation, including, if applicable, amendments to the environmental impact assessment and to the mining, reclamation, and environmental protection plan.
(ii) The department requires a mining permit to be amended after determining that the terms and conditions of the mining permit are not providing the intended reasonable protection of the environment, natural resources, or public health and safety.
(b) Within 30 days after receiving a request to amend a mining permit under subdivision (a)(i), or upon a determination by the department under subdivision (a)(ii) that an amendment is necessary, the department shall determine whether the proposed amendment constitutes a significant change from the conditions of the approved mining permit. In making that determination, the department shall consider whether the change will result in environmental impacts that are materially increased or different from those addressed in the approved mining permit conditions, the mining permit application, or any additional information forming the basis of the approved mining permit conditions.
(c) If the department determines under subdivision (b) that the request constitutes a significant change from the conditions of the approved mining permit, the department shall in its sole discretion do 1 of the following:
(i) Submit the request for amendment to the same review process as provided for a new permit application in section 63205(4) to (9).
(ii) Within 42 days after the determination that the amendment request constitutes a significant change from the conditions of the approved mining permit, hold a public meeting on the request. The department shall give notice of the public meeting in the same manner provided for in section 63205(6). The department shall accept written public comment on the request for 28 days after the public meeting. Within 14 days after the expiration of the public comment period, the department shall grant or deny the request in writing.
(d) If the department determines under subdivision (b) that the request for amendment does not constitute a significant change from the conditions of the approved mining permit, the department shall provide written notice of the determination to the city, village, or township and the county where the proposed mining operation is to be located and to all affected federally recognized Indian tribes in this state. The department shall also give notice of the determination by publication in a newspaper of local distribution in the area where the proposed mining operation is to be located. The department shall approve the amendment within 14 days after publication of the notice and shall notify the permittee of the approval.
(7) A permittee may submit to the department a written request to relocate, reconfigure, or modify shafts, tunnels, or other subsurface openings or surface facilities, buildings, or equipment, other than a tailings basin or a stockpile, without obtaining an amendment to the permit under subsection (6). Within 30 days after receiving the request, the department shall grant or deny the request and notify the permittee in writing of the department’s determination. Subject to subsection (6)(a)(ii), the department shall grant the request if all of the following apply:
(a) Any proposed relocation, reconfiguration, or modification of shafts, tunnels, or other subsurface openings will not result in subsidence or other adverse environmental impacts. The permittee’s request shall include information demonstrating that the requirements of this subdivision, if applicable, are met.
(b) Any proposed relocation, reconfiguration, or modification of surface facilities, buildings, or equipment, other than a tailings basin or a stockpile, will take place within the permitted mining area.