An Act To Amf~nd the Maine Metallic Mineral Mining Act To Protect Water Quality
Maine Legislature, Session 126, LD 1302
Committee Amendment CA_B-SA_A_S307 (Senate)
Amends: 38 MRSA §490, 38 MRSA §490-Q, 38 MRSA §490-R

MAINE STATE LEGISLATURE 
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Date w/8/Jf)J3 
L.D.1302 
(Filing No. S-3:R-) 
Reproduced and distributed under the direction of the Secretary of the Senate. 
SENATE 
12(,TH LEGISLATURE 
SENATE AMENDMENT A· "to COMMITTEE AMENDMENT "B" to H.P. 929, 
L.D. 1302, Bill, "An Act To Amf~nd the Maine Metallic Mineral Mining Act To Protect 
Water Quality" 
Amend the amendment by striking out all of sections 1 and 2 and inserting the 
following: 
'Sec. 1. 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 envitonmental protection, reclamation and closure plan for the proposed 
mining operation, including beneficiation operations, that will reasonably avoid, 
minimize ~nd mitigate the actual and potential adverse impacts on natural resources, 
the envirohment and public health and safety within the mining area and the affected 
area. The plan must address unique issues associated with mining and must include, 
but not be limited to, the following: 
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(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, including provisions to minimize post-
closure water treatment to the extent practicable, which may not include a plan 
for perpetual water treatment; 
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SENATE AMENDMENT:A" to COMMITrEE AMENDMENT "B" to H.P. 929, L.D. 1302 
(6) Provisions for the prevention, control and monitoring of acid-fonning 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; aHd 
(12) An estimate of costs for reclamation, closure and environmental protection.,.~ 
and 
(13) A waste rock management plan that includes a plan to ensure that waste 
rock is not used in the construction of roads; 
Sec. 2. 38 MRSA §490-00, sub-§2, ~-1 is enacted to read: 
D-l . 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 
party does not have a conflict of interest with the applicant. The applicant shall pay 
the costs associated with producing the estimate; 
Sec. 3. 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; aHd 
F. A list of other state and federal pennits or approvals anticipated by the applicant 
to be required.,.; and 
Sec. 4. 38 MRSA §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. 5. 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 ore 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 
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SENATE AMENDMENT.;t\." to COMMITTEE AMENDMENT "B" to H.P. 929, L.D. 1302 
technologies used to minimize pollution and environmental impacts and how the 
applicant will use those best practices in the proposed mining operation. 
Sec. 6. 38 MRSA §490-00, sub-§4, ~ 
is enacted to read: 
K. The applicant has designed the mining operation to ensure that waste rock is not 
used in the construction of roads. 
Sec. 7. 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 except, in the case of downgradient monitoring, compliance 
monitoring wells must be placed no greater than 100 feet away from such a mining area, 
unless placing such wells at a greater distance enhances the ability to detect a release 
from the mining area. 
A pernaittee 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. 8. 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 assuralllce. The finaneial assuranee may eonsist of Before any 
construction for the mining operation may begin, the applicant shall provide the financial 
assurance required under subsection I through the following instruments, either alone or 
in combination: a surety bond, esc:row, cash, certificate of deposit, trust, and irrevocable 
letter of credit issued by a financial institution acceptable to the department, or other 
eEJ:l:livalent seeurit)', or eombinatioB thereof, as lOBg as the department approves the 
fiBaneial asseranee as proposed by the applieant. 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 
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SENATE AMENDMENT:A" to COMMITTEE AMENDMENT "B" to H.P. 929, L.D. 1302 
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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. 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. 9. 38 MRSA §490-RR, suh-§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. 10. Effective date. This Act takes effect June 1,2014.' 
SU~ARY 
This amendment strikes Committee Amendment liB" and makes the following 
changes to the Maine Metallic Mineral Mining Act. 
1. It requires a mining operations closure plan to include provisions to minimize 
post-closure water treatment to the extent practicable, which may not include a plan for 
perpetual water treatment. 
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2. It requires that, in the case of downgradient monitoring, compliance monitoring 
wells must be placed no greater than 100 feet away from a mining area that may pose a 
threat to groundwater, unless placing such wells at a greater distance enhances the ability 
to detect a release from the mining area. 
3. It requires an application to include a waste rock management plan. 
4. It adds to the approval criteria to require that the Department of Environmental 
Protection find the mining operation is designed to ensure that waste rock is not used in 
the construction of roads. 
5. It requires an application to include information related to the number and types 
of jobs expected to be created. 
6. For an application for a mining operation in a sulfide ore body, it requires an 
application to include information related to 3 responsible mining operations. 
7. It 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 fmancial assurance requirements, and a 3rd-party 
verification of the adequacy of the estimate. 
8. It amends the financial assurance provisions to require that financial assurance 
must be provided before any construction may begin. 
9. It 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 
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SENATE AMENDMENT~" to COMMITTEE AMENDMENT "B" to H.P. 929, L.D. 1302 
activities necessary for the investigation, monitoring, closure, treatment, remediation, 
reclamation, operation and maintenance and any other necessary environmental 
protection measures. 
10. 
It 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. 
11. It requires the establishment of a standby trust fund, except when a trust is the 
financial assurance instrument used. 
SPONSOREDBY~ 
(Senator~~)~ 
COUNTY: Aroostook 
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