An Act To Protect Maine's Clean Water and Taxpayers from Mining Pollution
Maine Legislature, Session 128, LD 0820
Committee Amendment CA_A_S73 (Senate)
Amends: 12 MRSA §549-B, 38 MRSA §490-M, 38 MRSA §490-N, 38 MRSA §490, 38 MRSA §490-R

COMMITTEE AMENDMENT" A" to S.P. 265, L.D. 820, Bill, "An Act To Protect 
Maine's Clean Water and Taxpayers from Mining Pollution" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §549-B, sub-§7, 1C-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 on which a mining lease is sought 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-§§5-A, 10-A, 10-B, 10-C and 13-A are 
enacted to read: 
5-A. Dry stack tailings management. "Dry stack tailings management" means the 
process of disposing of dewatered, compacted mine tailings into a freestanding, stable 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" P,.. "to S.P. 265, L.D. 820 
structure on an area with an impervious liner designed to shed water to a water collection 
and treatment system. 
10-A. Mine shaft. "Mine shaft" means a vertical, inclined or horizontal excavation, 
including all underground workings, with a surface opening not exceeding 1,000 square 
feet. 
10-B. Mine waste. "Mine waste" means all material, including, but not limited to, 
overburden, rock, lean ore, leached ore or tailings, that in the process of mining and 
beneficiation has been exposed or removed from the earth during advanced exploration 
and mining activities. 
10-C. Mine waste unit. "Mine waste unit" means any land area, structure, location, 
equipment or combination thereof on or in which mine wastes are managed. A structure 
or area of land does not become a mine waste unit solely because it is used to store 
nonreactive mine wastes generated on the site, such as soil or overburden, for 90 days or 
less. 
13-A. Open-pit mining. "Open-pit mining" means, for any single mining operation 
permitted under this article, the process of mining a metallic mineral deposit by use of 
surface pits or excavations having greater than 3 acres of surface area in aggregate or by 
means of a surface pit excavated using one or more horizontal benches. 
Sec. 3. 38 MRSA §490-MM, sub-§17, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is repealed and the following enacted in its place: 
17. 
Tailings impoundment. 
"Tailings impoundment" means a surface area. 
contained by dikes or dams, on which is deposited the slurry of material that is separated 
from a metallic product in the beneficiation or treatment of minerals. including any 
surrounding dikes constructed to contain such material. "Tailings impoundment" does 
not include a lined surface area on which dewatered tailings are stacked. 
Sec. 4. 38 MRSA §490-MM, sub-§18 is enacted to read: 
18. Wet mine waste unit. "Wet mine waste unit" means a mine waste unit in which 
mine wastes are placed under water to minimize sulfide oxidation, acid formation or 
particulate pollution. 
Sec. 5. 38 MRSA §490-NN, sub-§1, 18, 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, 
8 
section 8072, subsection 11, or any other provision of law to the contrary, rules 
9 
provisionally adopted by the department in accordance with this article and submitted 
for legislative review may not be fmally adopted by the department unless legislation 
authorizing final adoption of those rules is enacted into law. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 265, L.D. 820 
Sec. 6. 38 MRSA §490-NN, sub-§2, as enacted by PL 2011, c. 653, §23 and 
affected by §33 and amended by c. 682, §38, is further amended to read: 
2. Maine Land Use Planning Commission. The department may not approve a 
permit under this article in an unorganized territory unless the Maine Land Use Planning 
Commission certifies to the department that: 
A. The proposed mining is an allowed use within the subdistrict or subdistricts in 
which it is to be located; and 
B. The proposed mining meets any land use standard established by the Maine Land 
Use Planning Commission and applicable to the project that is not considered in the 
department's review. 
The Maine Land Use Planning Commission shall adopt rules in accordance with this 
subsection relating to the certification of mining permit applications under this article. 
Notwithstanding any other provision of law to the contrary, rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 7. 38 MRSA §490-00, sub-§4, 1,iD 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 contamination of groundwater from activities 
permitted under this article may occur within a mining area, but such discharges 
contamination must be limited and may not result in contamination of groundv,1ater 
bej'Ofld each mining area. In determining compliance with this standard, the 
departmeRt shall require grol:ffidwater monitoring oonsistent with the standards 
established puFBuant to seotion 490 QQ, subseotion 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 due to pH or metals 
that exceeds limits set forth in the mining permit by the department based on site-
specific geologic and hydrologic characteristics; 
( 4) Any violation of surface water quality standards under section 413 or article 
4-A; or 
(5) If groundwater or surface water quality within the mining area prior to the 
commencement of any mining activity exceeds applicable water quality 
standards, further degradation of such groundwater or surface water quality. 
In determining compliance with this standard, the department shall require 
groundwater monitoring consistent with the standards established pursuant to section 
490-00, subsection 3. 
Notwithstanding section 490-MM, subsection 12, for the purposes of this paragraph, 
"mining area" means an area of land, approved by the department and set forth in the 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT "A "to S.P. 265, L.D. 820 
mining permit, not to exceed 100 feet in any direction from a mine shaft, surface pit 
or surface excavation, and does not include the following lands, regardless of the 
distance of such land from a mine shaft, smface pit or surface excavation: the land on 
which material from mining is stored or deposited, the land on which beneficiating or 
treatment facilities are located, the land on which groundwater and surface water 
management systems are located or the land on which water reservoirs used in a 
mining operation are located. 
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 involving the removal of metallic minerals, 
the storage of metallic minerals or mine waste, the processing of metallic minerals or 
the treatment of mine waste may not be placed in or on flood plains or flood hazard 
areas as long as they are designed, constructed, operated and reclaimed in a manner 
that coffij)lies 'i'lith the approval criteria in this subsection and the Natural Resources 
Protection Aot. 
Sec. 8. 38 MRSA §490-00, sub-§4, ,r~ to O 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. The mining operation will not involve the removal of metallic minerals in, on or 
from 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. 
M. The mining operation will not involve placement of a mine shaft in, on or under a 
significant river segment, as identified in section 437; an outstanding river segment, 
as identified in section 480-P; an outstanding river, as identified in Title 12, section 
403; a high or moderate value waterfowl and wading bird habitat that is a significant 
wildlife habitat pursuant to section 480-B, subsection 10, paragraph B, subparagraph 
(2); a great pond, as defined in section 480-B, subsection 5; or a coastal wetland, as 
defined in section 480-B, subsection 2. 
N. The mining operation will use dry stack tailings management and will not use wet 
mine waste units or tailings impoundments for the management of mine waste and 
tailings, except that the mining operation may involve the placement into a mine shaft 
of waste rock that is neutralized or otherwise treated to prevent contamination of 
groundwater or surface water. 
0. The mining operation will not use open-pit mining. 
Sec. 9. 38 MRSA §490-RR, sub-§2, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is repealed and the following enacted in its place: 
2. Coverage and form of financial assurance. The financial assurance required 
under subsection 1 applies to all mining and reclamation operations that are subject to a 
mining permit. 
A. The amount of the financial assurance must be sufficient to cover the cost for the 
department to administer, and hire a 3rd party to implement, all necessary 
COMMITTEE AMENDMENT 
( 
COMMITTEE AMENDMENT" A" to S.P. 265, L.D. 820 
investigation, monitoring, closure, post-closure, treatment, remediation, corrective 
action, reclamation, operation and maintenance activities under the environmental 
protection, reclamation and closure plan, including, but not limited to: 
(1) The cost to investigate all possible releases of contaminants at the site, 
monitor all aspects of the mining operation, close the mining operation in 
accordance with the closure plan, conduct treatment activities of all expected 
fluids and wastes generated by the mining operation for a minimum of 100 years, 
implement remedial activities for all possible releases and maintenance of 
structures and waste units as if these units have released contaminants to the 
groundwater and surface water, conduct corrective actions for potential 
environmental impacts to groundwater and surface water resources as identified 
in the environmental impact assessment and conduct all other necessary activities 
at the mine site in accordance with the environmental protection, reclamation and 
closure plan; and 
(2) The cost to respond to a worst-case catastrophic mining event or failure, 
including, but not limited to, the cost of restoring, repairing and remediating any 
damage to public facilities or services, to private property or to the environment 
resulting from the event or failure. 
B. An applicant for a mining permit must include with its application a review of the 
proposed financial assurance amounts required under this section 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 under paragraph A, subparagraph (2) 
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. 
C. The department shall require the applicant to provide financial assurance in the 
amount determined by the 3rd-party reviewer under paragraph B to be sufficient for 
the department to conduct all activities listed under paragraph A. Financial assurance 
estimates provided by the applicant and reviewed by the 3rd-party reviewer under 
this section must use the highest cost option for all estimates and include a minimum 
20% contingency to account for unexpected expenses. 
D. The financial assurance required by department 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: 
(1) A cash account in one or more federally insured accounts; 
(2) 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; or 
(3) 
Negotiable certificates of deposit in one or more federally insured 
depositories. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 265, L.D. 820 
E. The financial assurance required by the department under this section must be 
posted by the applicant before the department issues a permit to mine under this 
article. 
Sec. 10. 38 MRSA §490-RR, sub-§3, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is repealed. 
Sec. 11. 
Department of Environmental Protection; approval of final 
adoption. Final adoption of Chapter 200: Metallic Mineral Exploration, Advanced 
Exploration and Mining, a provisionally adopted major substantive rule of the 
Department of Environmental Protection that was submitted to the Legislature for review 
pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A on January 
13, 2017, is authorized only if the following changes are made: 
1. The rule must be amended in section 2 to define "dry stack tailings management" 
consistent with the statutory definition of "dry stack tailings management" under Title 38, 
section 490-MM, subsection 5-A; 
2. The rule must be amended in section 2 to define "mine shaft" consistent with the 
statutory definition of "mine shaft" under Title 3 8, section 490-MM, subsection 10-A; 
3. The rule must be amended in section 2 to amend the definition of "mine waste" as 
necessaiy to ensure consistency with the statutory definition of "mine waste" under Title 
38, section 490-MM, subsection 10-B; 
4. The rule must be amended in section 2 to amend the definition of "mine waste 
unit" as necessary to ensure consistency with the statutory definition of "mine waste unit" 
under Title 38, section 490-MM, subsection 10-C; 
5. The rule must be amended in section 2 to define "open-pit mining" consistent with 
the statutory definition of "open-pit mining" under Title 38, section 490-MM, subsection 
13-A; 
6. 
The rule must be amended in section 2 to amend the definition of "tailings 
impoundment" as necessary to ensure consistency with the statutory definition of "tailings 
impoundment" under Title 38, section 490-MM, subsection 17; 
7. The rule must be amended in section 2 to amend the definition of "wet mine waste 
0 
unit" as necessary to ensure consistency with the statutory definition of "wet mine waste 
unit" under Title 3 8, section 490-MM, subsection 18; 
8. The rule must be amended, as necessary, in section 1 l(A), section 20(B) and any 
other affected sections to incorporate the statutory prohibition against the permitting of a 
mining operation located in, on or under any state land listed in Title 12, section 549-B, 
subsection 7, paragraph C-1, as provided in Title 38, section 490-00, subsection 4, 
paragraph K; 
9. The rule must be amended, as necessary, in section ll(A), section 20(B) and any 
8 
other affected sections to incorporate the statutory prohibition against the permitting of a 
mining operation involving the removal of metallic minerals in, on or from certain natural 
resources as provided in Title 38, section 490-00, subsection 4, paragraph L; 
10. The rule must be amended, as necessary, in section 1 l(A), section 20(B) and any 
other affected sections to incorporate the statutory prohibition against the permitting of a 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A "to S.P. 265, L.D. 820 
mining operation involving the placement of a mine shaft in, on or under certain natural 
resources as provided in Title 38, section 490-00, subsection 4, paragraph M; 
11. The rule must be amended, as necessary, in section 11 (A), section 21, section 24 
and any other affected sections to incorporate the statutory requirement for the use of dry 
stack tailings management and the statutory prohibition against the permitting of a mining 
operation involving the use of wet mine waste units or tailings impoundments as provided 
in Title 3 8, section 490-00, subsection 4, paragraph N; 
12. The rule must be amended, as necessary, in section 1 l(A) and any other affected 
sections to incorporate the statutory prohibition against the permitting of a mining 
operation that uses open-pit mining as provided in Title 3 8, section 490-00, subsection 4, 
paragraph O; 
13. The rule must be amended in section 17 and any other affected sections to clarify 
the coverage and form of required financial assurance pursuant to Title 38, section 
490-RR, subsection 2; 
14. The rule must be amended in section 22 and any other affected sections to clarify 
the limited defmition of "mining area" pursuant to Title 3 8, section 490-00, subsection 4, 
paragraph D; 
15. 
All necessary grammatical, formatting, punctuation or other technical 
nonsubstantive editing changes must be made to the rule, including, but not limited to, the 
addition of subsection headings in section 2 and the removal of strikethrough letters or 
words remaining from prior drafts and edits; and 
16. All other necessary changes must be made to the rule to ensure conformity 
throughout the rule and consistency with the provisions of this Act. 
Sec. 12. Maine Land Use Planning Commission rulemaking; certification 
of mining permit applications. By July 1, 2018, the Maine Land Use Planning 
Commission shall adopt rules related to commission certification of metallic mineral 
mining permit applications in accordance with the Maine Revised Statutes, Title 38, 
section 490-NN, subsection 2. Rules adopted pursuant to this section must include any 
additional provisions necessary to ensure consistency with the Maine Metallic Mineral 
0 
Mining Act and rules related to the Maine Metallic Mineral Mining Act adopted by the 
Department of Environmental Protection.' 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill and 
amends the State's mining laws as follows. 
5 
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 
7 
partially located in, on or under any designated land, state historic site, state park, public 
8 
reserved land, submerged land or state-owned wildlife management area or the Allagash 
Wilderness Waterway. The amendment 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. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A "to S.P. 265, L.D. 820 
2. 
It adds to the Mining Act definitions for the terms "dry stack tailings 
management," "mine shaft," "mine waste," "mine waste unit," "open-pit mining" and "wet 
mine waste unit," and it amends the existing definition for the term ''tailings 
impoundment." 
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 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 due to pH or metals that exceeds limits set forth in the mining permit 
based on site-specific geologic and hydrologic characteristics; any violation of surface 
water quality standards; or, if groundwater or surface water quality within the mining area 
prior to the commencement of mining activity exceeds applicable water quality standards, 
further degradation of such groundwater or surface water quality. The amendment also 
provides a narrow definition of the term "mining area" applicable only to this provision 
on discharges causing groundwater contamination. 
5. It prohibits the placement of mining operations under the Mining Act involving 
the removal of metallic minerals, the storage of metallic minerals or mine waste, the 
processing of metallic minerals or the treatment of mine waste in or on a flood plain or a 
flood hazard area. 
6. It prohibits the removal of metallic minerals in, on or from a river, stream or 
brook, a great pond, a freshwater wetland or a coastal wetland. 
7. 
It prohibits the placement of a mine shaft in, on or under a significant or 
outstanding river segment, an outstanding river, a high or moderate value waterfowl and 
wading bird habitat, a great pond or a coastal wetland. 
8. It requires the use of dry stack tailings management and prohibits the use of wet 
mine waste units or tailings impoundments for the management of mine waste and 
3 
tailings. 
9. It prohibits open-pit mining. 
10. It clarifies the financial assurance provisions in the Mining Act and 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. 
11. 
It authorizes, subject to the incorporation of specified amendments, final 
adoption of Chapter 200: Metallic Mineral Exploration, Advanced Exploration and 
Mining, a major substantive rule of the Department of Environmental Protection that was 
submitted to the Legislature for review pursuant to Title 5, chapter 375, subchapter 2-A 
on January 13, 2017. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to S.P. 265, L.D. 820 
12. 
It clarifies the rule-making authority of the Maine Land Use Planning 
Commission under the Mining Act and directs the commission, by July 1, 2018, to adopt 
rules related to commission certification of metallic mineral mining permit applications 
under the Mining Act. Those rules are routine technical rules. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/04/17 feac:.. 
LD820 
LR 1442(02) 
An Act To Protect Maine's Clean Water and Taxpayers from Mining Pollution 
Fiscal Note for Bill as Amended by Committee Amendment '~t ( S · 1 0 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium revenue increase - General Fund 
Potential future biennium cost increase - Other Special Revenue Funds 
Potential future biennium revenue increase - Other Special Revenue Funds 
Potential future biennium revenue increase - Municipalities 
Fiscal Detail and Notes 
The bill authorizes final adoption of Department of Enviromnental Protection (DEP) mining rules if certain changes 
are made to the rule. DEP's costs related to making changes to the rule are expected to be minor and can be absorbed 
within existing budgeted resources. DEP may incur costs in the future related to approving applicants for a mining 
pennit and engaging in certain oversight activities. The extent of costs to DEP will depend on the number of 
applicants and the activities they engage in, but these costs are expected to be covered by mining fees. Under cunent 
statute, applicants are required to pay an initial processing fee not to exceed $500,000 and an annual license fee 
between $20,000 and $50,000 that will be directed to the Metallic Mining Fund within DEP. No estimate is made at 
this time on the number of mining applicants. Any additional costs to the Maine Land Use Planning Commission for 
rulemaking are expected to be minor and can be absorbed within existing budgeted resources. 
If applicants are approved, mining excise tax revenues would be received. Under cunent statute, the revenue would 
reimburse municipalities and unorganized tenitories for at least 50%, and if sufficiently available 100%, of the 
property tax revenue loss suffered by that municipality or unorganized territo1y as a result of property tax exemptions 
created under the mining excise tax statute. 25% of any remaining revenues would be paid to DEP for oversight of 
mining activity and 75% would be deposited to the General Fund. No estimate has been made at this time of the 
amount of mining excise tax revenues that might be generated. 
LR1442(02) - Fiscal Note - Page 1 of 1