An Act To Amend the Maine Metallic Mineral Mining Act To Protect Water Quality
Maine Legislature, Session 126, LD 1302
Committee: Environment and Natural Resources
Sponsors: McCABE, WOODBURY, COTTA, DUNPHY, ESPLING, MAKER, MALABY, SANDERSON, SHAW
Amends: 38 MRSA §490-O, 38 MRSA §490-Q, 38 MRSA §490-R

Legislative Document 
No. 1302 
H.P. 929 
House of Representatives, April 2, 2013 
An Act To Amend the Maine Metallic Mineral Mining Act To 
Protect Water Quality 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McCABE of Skowhegan. 
Cosponsored by Senator WOODBURY of Cumberland and 
Representatives: COTTA of China, DUNPHY of Embden, ESPLING of New Gloucester, 
MAKER of Calais, MALABY of Hancock, SANDERSON of Chelsea, SHAW of Standish. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §490-OO, sub-§3-A is enacted to read: 
3-A.  Permit issuance for mining in a sulfide ore body.  The provisions of this 
subsection apply to surface or open pit mining in a sulfide ore body. 
A.  For the purposes of this subsection, unless the context otherwise indicates, the 
following terms have the following meanings. 
(1)  "Sulfide ore body" means a mineral deposit in which metals are mixed with 
sulfide minerals. 
(2)  "Surface or open pit mining" means removing the overburden lying above a 
deposit of a metallic mineral and mining directly from the exposed deposit or 
mining directly from a deposit lying exposed in the mineral's natural state. 
B.  The department may not issue a permit for surface or open pit mining in a sulfide 
ore body unless the applicant has operated a mining operation: 
(1)  In a geographic location that has climatic and geological features similar to 
the proposed mining area; 
(2)  In the United States or Canada; 
(3)  That has not violated any environmental law as determined in an 
administrative proceeding, civil action, criminal action or other legal proceeding.  
For the purposes of this paragraph, 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 
was a finding or admission of liability; and 
(4)  That has not discharged pollutants to groundwater or surface water causing 
the water to fail to meet water quality standards. 
C.  Within 3 months after the department has issued a permit for surface or open pit 
mining of a sulfide ore body under this subsection, the department shall submit a 
report to the joint standing committee of the Legislature having jurisdiction over 
metallic mineral mining matters recommending whether or not the provisions of this 
subsection should be repealed.  The joint standing committee of the Legislature 
having jurisdiction over metallic mineral mining matters has authority to submit 
legislation repealing this subsection. 
Sec. 2.  38 MRSA §490-OO, sub-§4, ¶D, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read: 
D.  There is reasonable assurance that discharges Discharges of pollutants from the 
mining operation will not violate applicable water quality standards. Notwithstanding 
sections 465-C and 470, discharges to groundwater from activities permitted under 
this article may occur within a mining area, but such discharges may not result in 
contamination of groundwater beyond each mining area. In determining compliance 
with this standard, the department shall require groundwater monitoring consistent 
with the standards established pursuant to section 490-QQ, subsection 3.  The 
department may not issue a permit if the department determines that the mining 
operation will result in the contamination of groundwater or surface water requiring 
treatment of the water or other remedial actions beyond 10 years after cessation of 
mining operations. 
Sec. 3.  38 MRSA §490-QQ, sub-§3, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read: 
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.  The standards must include locating down gradient 
monitoring wells no more than 100 feet away from the boundary of each waste handling 
area, mining area, affected area and any other area where mining activities may result in 
the discharge of pollutants into groundwater.  The department may approve the location 
of a monitoring well exceeding the 100-foot maximum distance if the location enhances 
the ability to detect a discharge of pollutants.  A permittee shall 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. 
C.  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. 4.  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 financial assurance may consist of must be 
fulfilled through creation of a trust fund established for the benefit of the department.  
The trust fund may be established using the following instruments: a surety bond, escrow, 
cash, certificate of deposit, trust, irrevocable letter of credit issued by a financial 
institution acceptable to the department, or other equivalent security, or combination 
thereof, as long as the department approves the financial assurance as proposed by the 
applicant.  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 
trust fund 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, 
closure and any necessary response to episodic maintenance. 
Sec. 5.  Effective date.  This Act takes effect June 1, 2014. 
SUMMARY 
This bill makes changes to the Maine Metallic Mineral Mining Act. 
1.  It prohibits the Department of Environmental Protection from issuing a permit for 
surface or open pit mining in a sulfide ore body unless the applicant has previously 
operated a mining operation that meets certain conditions.  It also requires the department 
to submit a report to the joint standing committee of the Legislature having jurisdiction 
over metallic mineral mining matters recommending whether or not the prohibition 
should be repealed.  The report must be submitted within 3 months after the department 
has issued a permit for surface or open pit mining of a sulfide ore body. 
2.  It amends the approval criteria related to water quality by requiring that discharges 
of pollutants from the mining operation will not violate applicable water quality standards 
and it prohibits the issuance of a permit if the mining operation will result in the 
contamination of groundwater or surface water requiring treatment beyond 10 years after 
cessation of mining operations. 
3.  It amends the standards for monitoring groundwater. 
4.  It requires financial assurance to be fulfilled through creation of a trust fund.