Minnesota Session Laws - 2003, Regular Session

                            CHAPTER 113-S.F.No. 308 
                  An act relating to mining; specifying duties of owners 
                  and operators when operations are discontinued; 
                  amending Minnesota Statutes 2002, section 93.003. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 93.003, is 
        amended to read: 
           93.003 [IRON MINING; CONDITIONS.] 
           Subdivision 1.  [DUTY TO MAINTAIN MINE.] Legal authority to 
        mine and process iron ore, a basic irreplaceable natural 
        resource of the people of the state of Minnesota, is subject to 
        the conditions of this section.  When the owner or operator of 
        an iron mine or related production or beneficiation facilities 
        determines to discontinue the operation of the mine or 
        facilities for any reason it shall maintain the mine or 
        facilities in salable operating condition for at least two years 
        after it discontinues operation in order to allow the state of 
        Minnesota and other interested public and private bodies to seek 
        a new owner and operator.  The requirement imposed by this 
        section is a preliminary and permanent requirement on the right 
        of an owner to commence or continue the operation of an iron 
        mine or related facilities.  This requirement is enforceable on 
        all owners and operators and successors of owners and operators 
        and shall be enforced by the state in any action in bankruptcy 
        or other litigation that may affect it. 
           Subd. 2.  [TEMPORARY MAINTENANCE PLAN.] At least 60 days 
        before the owner or operator of an iron mine or related 
        production or beneficiation facilities determines to discontinue 
        the operation of the mine or facilities, it shall submit a 
        temporary maintenance plan to the state for approval.  The plan 
        must provide for: 
           (1) the orderly shutdown of the mine and facilities, 
        including: 
           (i) movement of all mobile equipment to an area above the 
        high water mark; 
           (ii) drainage of water from all bins, mills, thickeners, 
        storage tanks, water lines, and slurry lines; and 
           (iii) the emptying and cleaning of all tailings handling 
        equipment, including thickeners, pipes, belts, and bins; 
           (2) health, safety, and security, including: 
           (i) security of any blasting materials and hazardous 
        materials; 
           (ii) provisions for fire prevention; and 
           (iii) staffing for security; 
           (3) maintenance of mine, plant facilities, and tailing 
        basins, including: 
           (i) supplying heat or cooling where needed; 
           (ii) maintenance of utility lines needed to support the 
        property; 
           (iii) maintenance of mills, grates, kilns, coolers, and 
        other machinery in running condition; 
           (iv) taking dust prevention measures; and 
           (v) maintenance of tailings dikes, water level controls, 
        water run-off control structures, and erosion controls; 
           (4) compliance with all permit requirements; and 
           (5) a schedule for reporting periodically to the state on 
        all maintenance activities and any plans to liquidate assets. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor May 23, 2003 
           Signed by the governor May 25, 2003, 10:55 p.m.