An Act To
Maine Legislature, Session 126, LD 1302
Committee Amendment CA_A_H304 (House)
Amends: 38 MRSA §490-M, 38 MRSA §490, 38 MRSA §490-Q, 38 MRSA §490-R

COMMITTEE AMENDMENT "A" to H.P. 929, L.D. 1302, Bill, "An Act To 
Amend the Maine Metallic Mineral Mining Act To Protect Water Quality" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §490-MM, sub-§l-A is enacted to read: 
I-A. Activity unit. "Activity unit" means an area of land within a mining area 
where a particular mining activity takes place, including, but not limited to, an area from 
which earth material is removed: an area where overburden, waste rock and ore are 
stored; a tailings impoundment or other tailings storage area; an area where ore is 
processed; an area where groundwater and surface water management treatment systems 
are located: a waste disposal area; and an area where any other activity associated with 
mining occurs. 
Sec. 2. 38 MRSA §490-MM, sub-§12, as enacted by PL 2011, c. 653, §23 and 
affected by § 3 3, is amended to read: 
12. Mining area. "Mining area" means an area of land described in a permit 
application and approved by the department, including but not limited to land from which 
earth material is removed in connection with mining, the lands on which material from 
that mining is stored or deposited, the lands on which beneficiating or treatment facilities, 
including groundwater and surface water management treatment systems, are located or 
the lands on which water reservoirs used in a mining operation are located. A mining 
area may include more than one activity unit. 
Sec. 3. 38 MRSA §490-00, sub-§2, ,C, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read: 
C. 
An environmental protection, reclamation and closure plan for the proposed 
mining operation, including beneficiation operations, that will reasonably avoid, 
minimize and mitigate the actual and potential adverse impacts on natural resources, 
the environment and public health and safety within the mining area and the affected 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A "to H.P. 929, L.D. 1302 
area. The plan must address unique issues associated with mining and must include, 
but not be limited to, the following: 
(1) A description of materials, methods and techniques that will be used; 
(2) Information that demonstrates that the methods, materials and techniques 
proposed to be used are capable of accomplishing their stated objectives in 
protecting the environment and public health. The required information may 
consist of results of actual testing, modeling, documentation by credible 
independent testing and certification organizations or documented applications in 
similar uses and settings; 
(3) Plans and schedules for interim and final reclamation of the mining area and 
the affected area following cessation of mining operations and plans and 
schedules for measures taken during suspension of operations, including 
contemporaneous reclamation, to the extent practicable; 
(4) 
A description of the geochemistry of the ore, waste rock, overburden, 
peripheral rock, spent leach material and tailings, including characterization of 
leachability, reactivity and acid-forming characteristics; 
(5) A mining operations closure plan; 
(6) Provisions for the prevention, control and monitoring of acid-forming waste 
products and other waste products from the mining process in accordance with 
standards in subsection 4, paragraphs D and E; 
(7) Storm water and surface water management provisions; 
(8) A water quality monitoring plan; 
(9) A description of the wastewater discharge management plan; 
(10) A description of any tailings impoundment and the methods, materials and 
techniques to be used; 
(11) A plan for the storage of hazardous materials; aftd 
(12) An estimate of costs for reclamation, closure and environmental protection~~ 
(13) Assurance that the mining operation will meet all applicable environmental 
requirements iIi state laws and rules and federal laws and regulations without 
requiring water treatment beyond lO years after closure of the mine; and 
(14) A waste rock management plan that includes a plan to ensure that waste 
rock is not used in the construction of roads; 
Sec. 4. 38 MRSA §490-00, sub-§2, ~-1 is enacted to read: 
D-I. An estimate of the costs to close the mining operation, including estimated 
costs sufficient for the department to undertake the activities and measures identified 
in section 490-RR, subsection 2, and a verification of the adequacy of the estimate by 
a qualified 3rd party selected by the department. The department shall ensure the 3rd 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to H.P. 929, L.D. 1302 
party does not have a conflict of interest with the applicant. The applicant shall pay 
the costs associated with producing the estimate; 
Sec. 5. 38 MRSA §490-00, sub-§2,,~ and F, as enacted by PL 2011, c. 653, 
§23 and affected by §33, are amended to read: 
E. Financial assurance as described in section 490-RR; aBEl 
F. A list of other state and federal permits or approvals anticipated by the applicant 
to be required7; and 
Sec. 6. 38 MRS A §490-00, sub-§2, ,G is enacted to read: 
G. An estimate of the number and types of direct and indirect jobs expected to be 
created by the mining operation and estimates of the expected duration of those jobs 
and the number of jobs by type that will likely be filled by individuals in the State's 
workforce who have the necessary expertise. 
Sec. 7. 38 MRSA §490-00, sub-§2-A is enacted to read: 
2-A. 
Identification of responsible mining operations. 
In addition to the 
requirements in subsection 2, an application for a mining permit for a mining operation in 
a sulfide are body must include an analysis and description of at least 3 mines operating 
in the United States that the applicant believes represent responsible mining operations 
and demonstrate the use of best practices for preventing contamination of groundwater 
and surface water and other negative impacts on the environment. The analysis must 
describe the environmental issues present at each of the 3 mines, the practices and 
technologies used to minimize pollution and environmental impacts and how the 
applicant will use those best practices in the proposed mining operation. 
Sec. 8. 38 MRSA §490-00, sub-§4,,n, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read: 
D. 
There is reasonable assurance that discharges of pollutants from the mining 
operation will not violate applicabie water quality standards. Notwithstanding 
sections 465-C and 470, discharges to groundwater from activities permitted under 
this article may occur within a miBiBg area, but such discharges may fi6t result iB 
coBtamiBatioB of grouBdwater beyoBd each miBiBg area an activity unit. In 
determining compliance with this standard, the department shall require groundwater 
monitoring consistent with the standards established pursuant to section 490-QQ, 
subsection J. 3-A. 
Sec. 9. 38 MRSA §490-00, sub-§4, ,~ and L are enacted to read: 
K. 
The applicant has designed the mining operation to meet all applicable 
environmental requirements in state laws and rules and federal laws and regulations 
without requiring water treatment beyond 10 years after closure of the mine. 
L. The applicant has designed the mining operation to ensure that waste rock is not 
used in the construction of roads. 
Sec. 10. 38 MRS A §490-QQ, sub-§3, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 929, L.D. 1302 
3. Water quality monitoring. Through rulemaking the department shall establish 
standards for monitoring groundwater as close as practicable to any mining area that may 
pose a threat to groundwater. A permittee shaH conduct groundwater and surface water 
monitoring in accordance with the provisions of a mining permit during mining 
operations, during suspension of mining operations, during closure and during the post-
closure monitoring period. The post-closure monitoring period must be at least 30 years 
following cessation of mining, subject to the following conditions. 
A. The permittee shall provide to the department a written request to terminate post-
closure monitoring not less than 18 months before the proposed termination date and 
shall provide the department with technical data and information demonstrating the 
basis for the termination of the post-closure monitoring. 
B. The department may shorten the post-closure monitoring period at any time upon 
determining that there is no significant potential for water contamination resulting 
from the mining operation. 
e The department shall extend the post-closure monitoring period in increments of 
up to 20 years unless the department determines, approximately one year before the 
end of a post-closure monitoring period or post-closure incremental monitoring 
period, that there is no significant potential for surface water or groundwater 
contamination resulting from the mining operation. 
Sec. 11. 38 MRSA §490-QQ, sub-§3-A is enacted to read: 
3-A. Minimizing groundwater contamination. A permittee shall minimize the 
contamination of groundwater to the greatest extent practicable. The department shall 
require that compliance monitoring wells be located as close as physically practicable to, 
but not more than 100 feet from, the activity unit being monitored for groundwater 
contamination. The department may approve an alternative water monitoring location 
only if the operator demonstrates the location is protective of the environment and public 
health and safety and a closer location is not feasible or effective. 
Sec. 12. 38 MRSA §490-RR, sub-§3, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read: 
3. Form of financial assurance. The finanoial assm=ance may consist of Before any 
construction for the mining operation may begin, the applicant shall provide the financial 
assurance required under subsection 1 through the following instruments, either alone or 
in combination: a surety bond, escrow, cash, certificate of deposit, tmst, and irrevocable 
letter of credit issued by a financial institution acceptable to the department, or other 
equivalent security, or comaination thereof, as long as the department approves the 
finanoial assurance as proposed ay the applioant. The instruments must provide the total 
amount of the required financial assurance upon demand of the State to cover the costs 
identified in subsection 2. When determining the appropriate security to require, the 
department shall take into consideration the type and location of the mining operation and 
the type of security that is adequate to protect the State's financial interest. The financial 
assurance must be in a form that cannot be cancelled, withdrawn, revoked or otherwise 
reduced without the express written consent of the commissioner after a finding that the 
reduced amount is appropriate given the conditions related to the mining operation, 
including, but not limited to, the potential cost of long-term maintenance and monitoring, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 929, L.D. 1302 
closure and any necessary response to episodic maintenance. A permittee shall provide 
the department with notice 90 days prior to the expiration of a financial assurance 
instrument and within 2 business days of the renewal and execution of an instrument. 
Sec. 13. 38 MRSA §490-RR, sub-§3-A is enacted to read: 
3-A. Standby trust fund requirements. A permittee using any of the financial 
assurance instruments authorized in subsection 3, except a trust, shall establish a standby 
trust fund that stands ready to receive funds from a financial assurance instrument 
required pursuant to subsection 3 for costs to undertake the activities and measures 
identified in section 490-RR, subsection 2. The standby trust fund must provide for 
administration and oversight identical to those for an active trust fund. 
Sec. 14. Effective date. This Act takes effect June 1, 2014.' 
SUMMARY 
This amendment is the majority report of the committee and replaces the bill. The 
amendment: 
1. Includes a definition of "activity unit"; 
2. Provides that a mining area may include more than one activity unit; 
3. 
Requires that compliance monitoring wells be located as close as physically 
practicable to an activity unit being monitored for groundwater contamination; 
4. Removes a directive to the Department of Environmental Protection to establish 
standards for monitoring groundwater as close as practicable to any mining area that may 
pose a threat to groundwater; 
5. Amends approval criteria to provide that discharges to groundwater may occur 
within an activity unit. 
It strikes the current law that provides that discharges to 
groundwater may occur within a mining area, but such discharges may not result in 
contamination of groundwater beyond each mining area; 
6. Requires an application to include assurance that the mining operation will meet 
all state and federal environmental requirements without requiring water treatment 
beyond 10 years after closure; 
7. 
Adds to the approval criteria to require that the department find the mining 
operation is designed to meet all state and federal environmental requirements without 
requiring water treatment beyond 10 years after closure; 
8. Requires an application to include a waste rock management plan; 
9. 
Adds to the approval criteria to require that the department find the mining 
operation is designed to ensure that waste rock is not used in the construction of roads; 
10. Requires an application to include information related to the number and types of 
jobs expected to be created; 
11. For an application for a mining operation in a sulfide ore body, requires an 
application to include information related to 3 responsible mining operations; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 929, L.D. 1302 
12. Requires an application to include an estimate of the costs to close the mining 
operation, including estimated costs sufficient for the department to undertake the 
activities and measures specified in the financial assurance requirements, and a 3rd-party 
verification of the adequacy of the estimate; 
13. Amends the financial assurance provisions to require that financial assurance 
must be provided before any construction may begin; 
714. Provides that the financial assurance instruments must provide the total amount 
of the required financial assurance upon demand of the State to cover the costs for 
activities necessary for the investigation, monitoring, closure, treatment, remediation, 
reclamation, operation and maintenance and any other necessary environmental 
protection measures; 
15. Requires a permittee to provide the department with notice prior to the expiration 
of a financial assurance instrument and the renewal and execution of an instrument; and 
16. Requires the establishment of a standby trust fund, except when a trust is the 
financial assurance instrument used. 
FISCAL .\OTE REQUIRED. 
(See attached) . 
COMMITTEE AMENDMENT 
Approved: 05/29/13 ;:b?ac 
LD 1302 
LR 1356(02) 
An Act To Amend the Maine Metallic Mineral Mining Act To Protect Water Quality 
Fiscal Note for Bill as Amended by Committee Amendment AI (H -3Dtf) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs incurred by the Department of Environmental Protection from rulemaking efforts and from any 
approval requirements related to mining operations can be absorbed within existing budgeted resources. 
LR1356(02) - Fiscal Note - Page 1 of 1