SF 1087

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2019 03:02pm

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.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
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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
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new text begin (2) "sulfide ore body" means a mineral deposit in which metals are mixed with sulfide
minerals.
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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 must 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 a single example mine:
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new text begin (1) operated in the United States or Canada in a sulfide ore body that, together with the
host rock, has a net acid-generating potential;
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new text begin (2) operated 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
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new text begin (3) 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.
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new text begin (b) The commissioner may not base the determination under paragraph (a) 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) 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