An Act To Protect Maine's Clean Water and Taxpayers from Mining Pollution
Maine Legislature, Session 128, LD 0820
Committee: Environment and Natural Resources
Sponsors: CARSON, FOLEY, CARPENTER, SAVIELLO, COREY, HARLOW, HARVELL, MAREAN, PARRY, PIERCE
Amends: 12 MRSA §549-B, 38 MRSA §490-M, 38 MRSA §490-N, 38 MRSA §490-O, 38 MRSA §490-R

Legislative Document
No. 820
S.P. 265
In Senate, March 2, 2017
An Act To Protect Maine's Clean Water and Taxpayers from 
Mining Pollution
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator CARSON of Cumberland.
Cosponsored by Representative FOLEY of Wells and
Senators: CARPENTER of Aroostook, SAVIELLO of Franklin, Representatives: COREY of 
Windham, HARLOW of Portland, HARVELL of Farmington, MAREAN of Hollis, PARRY of 
Arundel, PIERCE of Dresden.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §549-B, sub-§7, ¶C-1 is enacted to read: 
C-1.  Notwithstanding any other provision of law to the contrary, the director of the 
agency having jurisdiction over the state lands may not grant a mining lease under 
this section that authorizes mining operations proposed to be located wholly or 
partially in, on or under any of the following state lands: 
(1)  Designated lands under section 598-A; 
(2)  Historic sites as defined in section 1801, subsection 5; 
(3)  Parks as defined in section 1801, subsection 7; 
(4)  Public reserved lands as defined in section 1801, subsection 8; 
(5)  Submerged lands as defined in section 1801, subsection 9; 
(6)  The Allagash Wilderness Waterway as established under chapter 220, 
subchapter 6; and 
(7)  State-owned wildlife management areas acquired in accordance with section 
10109, subsection 1. 
Sec. 2.  38 MRSA §490-MM, sub-§12, as enacted by PL 2011, c. 653, §23 and 
affected by §33, 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 the mining, of ore.  "Mining area" does not 
include the lands land on which material from that mining is stored or deposited, the 
lands land on which beneficiating or treatment facilities, including are located, the land 
on which groundwater and surface water management treatment systems, are located or 
the lands land on which water reservoirs used in a mining operation are located. 
Sec. 3.  38 MRSA §490-NN, sub-§1, ¶B, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read: 
B.  In addition to other powers granted to it, the department shall adopt rules to carry 
out its duties under this article, including, but not limited to, standards for 
exploration, advanced exploration, construction, operation, closure, post-closure 
monitoring, reclamation and remediation.  Except as otherwise provided, rules 
adopted under this article are major substantive rules for purposes of Title 5, chapter 
375, subchapter 2-A and are subject to section 341-H.  Notwithstanding Title 5, 
section 8072, subsection 11, or any other provision of law to the contrary, rules 
provisionally adopted by the department in accordance with this article and submitted 
for legislative review may not be finally adopted by the department unless legislation 
authorizing final adoption of those rules is enacted into law. 
Sec. 4.  38 MRSA §490-OO, sub-§4, ¶¶D and H, as enacted by PL 2011, c. 
653, §23 and affected by §33, are amended to read: 
D.  There is reasonable assurance that discharges of pollutants from the mining 
operation will not violate applicable water quality standards. Notwithstanding 
sections 465-C and 470, discharges to resulting in limited contamination of 
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.: 
(1)  Contamination of groundwater beyond the mining area; 
(2)  Contamination of groundwater within the mining area that exceeds 
applicable water quality criteria for pollutants other than pH or metals; 
(3)  Contamination of groundwater within the mining area above a specified 
level, as determined by the department based on site-specific geologic and 
hydrologic characteristics and in accordance with standards established by rule 
that are designed to minimize pollution from mining operations; or 
(4)  Any violation of surface water quality standards under section 465. 
In determining compliance with this standard, the department shall require 
groundwater monitoring consistent with the standards established pursuant to section 
490-QQ, subsection 3. 
H.  The mining operation will not unreasonably cause or increase the flooding of the 
area that is altered by the mining operation or adjacent properties or create an 
unreasonable flood hazard to any structure.  Mining Notwithstanding any provision 
of law to the contrary, mining operations may not be placed in, on or under flood 
plains or flood hazard areas as long as they are designed, constructed, operated and 
reclaimed in a manner that complies with the approval criteria in this subsection and 
the Natural Resources Protection Act. 
Sec. 5.  38 MRSA §490-OO, sub-§4, ¶¶K and L are enacted to read: 
K.  No part of the mining operation will be located wholly or partially in, on or under 
any state land listed in Title 12, section 549-B, subsection 7, paragraph C-1. 
L.  No part of the mining operation will be located in, on or under a river, stream or 
brook, as defined in section 480-B, subsection 9; a great pond, as defined in section 
480-B, subsection 5; a freshwater wetland, as defined in section 480-B, subsection 4; 
or a coastal wetland, as defined in section 480-B, subsection 2. 
Sec. 6.  38 MRSA §490-RR, sub-§§2 and 3, as enacted by PL 2011, c. 653, §23 
and affected by §33, are amended to read: 
2.  Coverage of financial assurance.  The financial assurance required under 
subsection 1 applies to all mining and reclamation operations that are subject to a mining 
permit and must be sufficient to cover the cost for the department to administer, and hire 
a 3rd party to implement, activities necessary for the investigation, monitoring, closure, 
treatment, remediation, reclamation, operation and maintenance under the environmental 
protection, reclamation and closure plan as well as other necessary environmental 
protection measures, including, as provided under subsection 3-A, remediation of any 
contamination of the air, surface water or groundwater and of any other environmental 
effects caused by or relating to a worst-case catastrophic mining event or failure. 
3.  Form of financial assurance.  The Except as provided in subsection 3-A, 
financial assurance may consist of 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 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 mining operations present no threat to public 
health and safety or to the environment. 
Sec. 7.  38 MRSA §490-RR, sub-§3-A is enacted to read: 
3-A.  Coverage and form of financial assurance for worst-case catastrophic 
mining event or failure.  The department shall require an applicant for a mining permit 
to submit information assessing the cost of responding to a worst-case catastrophic 
mining event or failure, including the cost of restoring and repairing any damage to 
public facilities or services, to private property or to the environment resulting from the 
event or failure.  The applicant must include with its application a review of the 
application submission materials required under this subsection as performed by a 
qualified, independent 3rd-party reviewer approved by the department.  The costs of the 
3rd-party review must be paid by the applicant.  Estimates of the costs of a worst-case 
catastrophic mining event or failure provided by the applicant may not include costs to 
the applicant associated with loss of use of any mining operation or facility or the costs of 
repairing any damaged mining operation or facility to restore operations or other 
functionality.  The department shall require the applicant to provide financial assurance in 
the amount determined by the 3rd-party reviewer to be sufficient for the department to 
respond to, restore and remediate any damage to public facilities or services, to private 
property or to the environment resulting from the highest cost estimate for a worst-case 
catastrophic mining event or failure.  This financial assurance coverage amount must be 
posted in accordance with this subsection before the department issues a permit to mine 
under this article. 
The financial assurance required under this subsection must consist of a trust fund that is 
secured with any of the following forms of negotiable property, or a combination thereof, 
as approved by the department, except that at least 15% of the financial assurance must 
be secured by cash, negotiable bonds or negotiable certificates of deposit: 
A.  A cash account in one or more federally insured accounts; 
B.  Negotiable bonds issued by the United States or by a state or a municipality 
having a Standard and Poor's credit rating of AAA or AA or an equivalent rating 
from a national securities credit rating service; 
C.  Negotiable certificates of deposit in one or more federally insured depositories; or 
D.  Irrevocable letters of credit. 
Sec. 8.  Department of Environmental Protection; major substantive 
rulemaking.  On or before January 12, 2018, the Department of Environmental 
Protection shall provisionally adopt and submit to the Legislature for review rules 
establishing a regulatory framework for metallic mineral mining in the State in 
accordance with the Maine Metallic Mineral Mining Act. Rules adopted pursuant to this 
section are major substantive rules pursuant to the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill amends the State's mining laws as follows. 
1.  It prohibits the issuance of a mining lease under the Maine Revised Statutes, Title 
12, chapter 201-A, subchapter 3 if the proposed mining operation is to be wholly or 
partially located in, on or under any designated land, state historic site, state park, public 
reserved land, submerged land or state-owned wildlife management area or the Allagash 
Wilderness Waterway.  The bill also prohibits the issuance of a mining permit under the 
Maine Metallic Mineral Mining Act, referred to in this summary as the "Mining Act," if 
any part of the mining operation will be located wholly or partially in, on or under any of 
the same state lands. 
2.  It amends the definition of "mining area" under the Mining Act to restrict that 
definition to an area of land from which earth material is removed in connection with the 
mining of ore. 
3.  It amends the rule-making authority of the Department of Environmental 
Protection under the Mining Act to require that any rule or rule change proposed by the 
department in accordance with its authority under the Mining Act may not be finally 
adopted by the department unless legislation authorizing final adoption of such rules is 
enacted into law. 
4.  It prohibits the placement of any mining operation under the Mining Act in, on or 
under a river, stream or brook, a great pond, a freshwater wetland or a coastal wetland. 
5.  It amends permit approval conditions under the Mining Act relating to discharges 
causing groundwater contamination by allowing only for limited contamination of 
groundwater within a mining area that does not result in contamination of groundwater 
beyond the mining area; contamination of groundwater within the mining area that 
exceeds certain water quality criteria for pollutants; contamination of groundwater within 
the mining area that exceeds a specified level determined by the department based on 
site-specific geologic and hydrologic characteristics and in accordance with standards 
established by rule that are designed to minimize pollution from mining operations; or 
any violation of surface water quality standards. 
6.  It prohibits the placement of any mining operation under the Mining Act in, on or 
under a flood plain or a flood hazard area. 
7.  It requires an applicant for a permit or a permittee under the Mining Act to 
provide special financial assurance coverage for a worst-case catastrophic mining event 
or failure. 
8.  It requires the department, on or before January 12, 2018, to provisionally adopt 
and submit to the Legislature for review major substantive rules relating to the Mining 
Act.