An Act To
Maine Legislature, Session 126, LD 1302
Committee Amendment CA_B_H305 (House)
Amends: 38 MRSA §490

COMMITTEE AMENDMENT ,B" 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 §490-00, sub-§2, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read: 
2. Application procedure. An application for a mining pennit must be submitted to 
the department in a fonnat to be developed by the department. In accordance with section 
344-A, the commissioner may enter into agreements with individuals, partnerships, finns 
and corporations outside the department to review applications or portions of applications 
submitted to the department under this article. 
The application must include the 
following: 
A. The fees established in section 352. All costs incurred by the department in 
processing an application must be paid for by the applicant; 
B. An environmental impact assessment for the proposed mining operation that 
describes the natural and artificial features, including, but not limited to, groundwater 
. and surface water. quality, flora, fauna, hydrology, geology and geochemistry and 
baseline conditions for those features in the proposed mining area and affected area 
that may be affected by the mining operation and the potential impacts on those 
features from the proposed mining operation. The environmental impact assessment 
must define the mining area and the affected area and address practicable alternatives 
to address impacts to the mining area and potential impacts to the affected area. The 
department shall review the environmental impact assessment and may approve, 
reject or require modifications to the assessment; 
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 
~"" 
COMMITIEE AMENDMENT ,]3, 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 that demonstrates to the satisfaction of the 
department that applicable environmental requirements, including applicable 
water quality standards, will be met without perpetual active water treatment for 
any water discharged from the site. For purposes of this subparagraph, "perpetual 
active water treatment" means active water treatment for more than 30 years after 
closure; 
(6) Provisions A waste rock management plan that includes 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; and 
(12) ,An estimate of costs for reclamation, closure and environmental protection. 
D. A contingency plan that includes an assessment of the risk to the environment and 
public health and safety associated with potential significant incidents or failures 
related to the mining operation and describes the metallic mineral operator's 
notification and response plans. When the application is accepted as complete for 
processing by the department, the applicant shall provide a copy of the contingency 
plan to each municipality in which the mining area and affected area may be located 
or, in the unorganized territory, to the county commissioners for each county in 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·13 .. to H.P. 929, L.D. 1302 
which the mining area or affected area may be located. The department may require 
amendments to the contingency plan; 
E. Financial assurance as described in section 490-RR; and 
F. A list of other state and federal permits or approvals anticipated by the applicant 
tob,.~ required. 
Sec. 2. Effective date. This Act takes effect June 1, 2014.' 
SUMMARY 
This amendment is the minority report of the committee and replaces the bill. The 
amendment authorizes the Department of Environmental Protection to use outside parties 
to review applications for mining permits. It requires an applicant to submit a mining 
operations closure plan that demonstrates to the satisfaction of the department that 
applicable environmental requirements will be met without requiring more than 30 years 
of active water treatment for water discharged from the site. It specifies that a waste rock 
management plan must be submitted with an application. 
FISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/29/13 
~aC!. 
LD 1302 
LR 1356(03) 
An Act To Amend the Maine Metallic Mineral Mining Act To Protect Water Quality 
Fiscal Note for Bill as Amended by Committee AmendmentB( H -305 ) 
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(03) - Fiscal Note - Page 1 of 1