HF 2800

as introduced - 87th Legislature (2011 - 2012) Posted on 03/27/2012 12:50pm

A bill for an act
relating to natural resources; imposing restrictions on permits to mine sulfide ore
bodies; proposing coding for new law in Minnesota Statutes, chapter 93.

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

Section 1.

new text begin [93.4815] PERMIT TO MINE SULFIDE ORE BODIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "pollution" means degradation that results in a violation of an environmental
law as determined by an administrative proceeding, civil action, criminal action, or other
legal proceeding. For the purpose of this clause, issuance of an order or acceptance of
an agreement requiring corrective action or a stipulated fine, forfeiture, or other penalty
is considered a determination of a violation, regardless of whether there is a finding or
admission of liability; and
new text end

new text begin (2) "sulfide ore body" means a mineral deposit in which metals are mixed with
sulfide minerals.
new text end

new text begin Subd. 2. new text end

new text begin Permit considerations. new text end

new text begin (a) The commissioner of natural resources
shall not issue a permit under section 93.481 for mining a sulfide ore body until the
commissioner determines, based on information provided by an applicant for a permit and
verified by the commissioner, that:
new text end

new text begin (1) a mining operation has operated in a sulfide ore body, which, together with the
host rock, has a net acid generating potential in the United States or Canada, for at least ten
years without pollution of groundwater or surface water from acid drainage at the tailings
site or mine site or from the release of heavy metals; and
new text end

new text begin (2) a mining operation that operated in a sulfide ore body, which, together with the
host rock, has a net acid generating potential in the United States or Canada, has been
closed for at least ten years without pollution of groundwater or surface water from acid
drainage at the tailings site or mine site or from the release of heavy metals.
new text end

new text begin (b) The commissioner may not base the determination under paragraph (a), clause
(1) or (2), on any mining operation that has been listed on the national priorities list under
United States Code, title 42, section 9605(a)(8)(B) or any mining operation for which the
operator is no longer in business and has no successor that may be liable for contamination
from the mining operation and for which there are no other persons that may be liable for
contamination from the mining operation.
new text end

new text begin (c) The commissioner may not base the determination under paragraph (a), clause
(1) or (2), on a mining operation unless the commissioner determines, based on relevant
data from groundwater or surface water monitoring, that the mining operation has not
caused significant environmental pollution from acid drainage at the tailings site or mine
site or from the release of heavy metals.
new text end