HF 3303

as introduced - 89th Legislature (2015 - 2016) Posted on 03/17/2016 02:36pm

A bill for an act
relating to mining; modifying safety measures at abandoned mines; amending
Minnesota Statutes 2014, sections 180.03, subdivisions 2, 3, 4; 180.10.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 180.03, subdivision 2, is amended to read:

Subd. 2.

Fences.

new text begin Except as provided in subdivision 4, new text end every person, firm, or
corporation that is or has been engaged in the business of mining or removing iron ore,
taconite, semitaconite or other minerals except sand, crushed rock, and gravel shall erect
and maintain, as a minimum, a three strand wire fence along the outside perimeter of the
excavation, open pit, or shaft of any mine in which mining operations have ceased for a
period of six consecutive months or longer. Based upon local site conditions that may
exist at shafts, caves, or open pits, the county mine inspector may require more secure
fencing such as barbed wire or mesh fence, or may require barriers, appropriate signs, or
any combination of the above, to reduce the possibility of accidental falls. deleted text begin The county
mine inspector may grant exemptions under subdivision 4. deleted text end Where mining operations have
ceased and not resumed, the fence, barrier, signs, or combination of them deleted text begin shall deleted text end new text begin required
by this section must new text end be erected within two years from the date when the county mine
inspector directs the erection of fences, barriers, signs, or combination of them.

Sec. 2.

Minnesota Statutes 2014, section 180.03, subdivision 3, is amended to read:

Subd. 3.

Abandoned mines.

new text begin Except as provided in subdivision 4, new text end when a mine
is idle or abandoned it is the duty of the inspector of mines to notify the person, firm, or
corporation that is or has been engaged in the business of mining to erect and maintain
around all the shafts, caves, and open pits of such mines a fence, barrier, appropriate signs,
or combination of them, suitable to warn of the presence of shafts, caves, or open pits and
reduce the possibility of accidentally falling into these shafts, caves, or open pits. If the
mine has been idled or abandoned, or if the person, firm, or corporation that has been
engaged in the business of mining no longer exists, the fee owner shall erect the fence,
barrier, or signs required by this section. If the fee owner fails to act, the county in which
the mining operation is located may, in addition to any other remedies available, abate
the nuisance by erecting the fence, barrier, or signs and assessing the costs and related
expenses pursuant to section 429.101.

Sec. 3.

Minnesota Statutes 2014, section 180.03, subdivision 4, is amended to read:

Subd. 4.

Exemptions.

new text begin (a) An excavation, cave, open or water-filled pit, or shaft, or
any portion thereof, is exempt from subdivisions 2 and 3:
new text end

new text begin (1) upon a resolution of the Iron Range Resources and Rehabilitation Board for
property the board owns, leases, or administers, including actions for constructing,
operating, or maintaining a water access site;
new text end

new text begin (2) for constructing, operating, maintaining, or administering:
new text end

new text begin (i) recreational trails funded in whole or in part by state grants-in-aid to a local
unit of government;
new text end

new text begin (ii) property owned or leased by a municipality, as defined in section 466.01,
subdivision 1, that is intended or permitted to be used as a park, as an open area for
recreational purposes, or for providing recreational services, including creating trails or
paths without artificial surfaces; and
new text end

new text begin (iii) property used for a recreational purpose or for recreational trail use, as defined in
section 604A.21, subdivisions 5 and 6, provided the use is administered by a municipality,
as defined in section 466.01, subdivision 1;
new text end

new text begin (3) when part of economic development undertaken according to chapter 469; or
new text end

deleted text begin Upon written application, deleted text end new text begin (4) by approval of new text end the county mine inspector deleted text begin may exempt
from the requirements of subdivision 2, any abandoned excavation, open pit, or shaft which deleted text end new text begin
upon written application, when the property new text end is provided with fencing, barriers, appropriate
signs, or combinations of them, in a manner that is reasonably similar to the standards in
subdivision 2, or which in the inspector's judgment does not constitute a safety hazard.

new text begin (b) Where an exemption applies, appropriate signs must be posted at each location
of public access to the mining area warning of possible dangers due to the presence of
excavations, shafts, caves, or open or water-filled pits.
new text end

Sec. 4.

Minnesota Statutes 2014, section 180.10, is amended to read:

180.10 REMOVAL OF FENCE; GUARD.

A worker, employee, or other person who opens, removes, or disturbs any fence,
guard, barrier, sign, or rail new text begin required by section 180.03, new text end and fails to close or replace or
have the same closed or replaced again around or in front of any mine shaft, pit, chute,
excavation, cave, or land liable to cave, injure, or destroy, whether by accident, injury, or
damage results, either to the mine or those at work therein, or to any other person, shall be
guilty of a misdemeanor. A worker, employee, or other person who, in regard to any fence,
guard, barrier, sign, or rail, does any of the acts prohibited by section 609.52, commits theft
of the fence, guard, barrier, sign, or rail may be sentenced as provided in section 609.52.