reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62506a - Definitions; Drilling Multisource Commercial Hazardous Waste Disposal Well; Construction Permit Required; Construction of Section.

324.62506a Definitions; drilling multisource commercial hazardous waste disposal well; construction permit required; construction of section.
Sec. 62506a.
(1) As used in this section:
(a) "Hazardous waste", "storage facility", and "treatment facility" have the meanings ascribed to these terms in part 111.
(b) "Multisource commercial hazardous waste disposal well" means a disposal well that receives hazardous waste that is generated by more than 1 person. Multisource commercial hazardous waste disposal well does not include a disposal well that receives hazardous waste generated from a subsidiary of the person that owns or operates a hazardous waste disposal well.
(c) "Person" includes a governmental entity.
(2) Prior to the drilling of a multisource commercial hazardous waste disposal well or the conversion of a well to a multisource commercial hazardous waste disposal well, a person shall have obtained a construction permit for an on-site treatment facility and storage facility under section 11118.
(3) Nothing in the amendatory act that added this section shall be construed to abrogate common law.
History:
Add. 1996, Act 168, Eff. May 3, 1996
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62507 - Emergency Orders; Issuance; Duration.

324.62507 Emergency orders; issuance; duration.
Sec. 62507.
The supervisor of mineral wells, acting directly or through his or her deputy or authorized representative, may issue emergency orders without a public hearing to implement this part. Emergency orders remain in force and effect for not more than 21 days.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62508 - Supervisor of Mineral Wells; Powers.

324.62508 Supervisor of mineral wells; powers.
Sec. 62508.
The supervisor of mineral wells, acting directly or through his or her deputy or authorized representative, may do any of the following:
(a) Make inspections and provide for the keeping of records and checking on the accuracy thereof.
(b) Require the locating, drilling, deepening, reworking, reopening, casing, sealing, injecting, mechanical and chemical treating, and plugging of wells subject to this part to be accomplished in a manner that is designed to prevent surface and underground waste.
(c) Designate after public hearing those areas of the state in which there is no known or potential danger of surface or underground waste from test well drilling and in which permits to drill test wells are not required.
(d) Require on all wells the keeping and filing of logs containing data that are appropriate to the purposes of this part. Logs on brine and test wells shall be held confidential for 10 years after completion and shall not be open to public inspection during that time except by written consent of the owner or operator. Logs for test wells drilled for exploratory purposes shall be held confidential until released by the owner or operator. The logs on all brine and test wells for exploratory purposes shall be opened to public inspection when the owner is no longer an active mineral producer, mineral lease holder, or owner of mineral lands in this state.
(e) Require on storage and waste disposal wells, when specified by the supervisor of mineral wells, the keeping and filing of drillers' logs and sample logs, the running and filing of electrical and radioactivity logs, and the keeping and filing of drill cuttings, cores, water samples, pilot injection test records, operating records, and other reports.
(f) Release to the department or the commission, for meetings and hearings, only data described in this section that are necessary to the administration of this part in the prevention or correction of surface or underground waste.
(g) Order through written notice the immediate suspension or prompt correction of any operation, condition, or practice found to exist that is causing, resulting in, or threatening to cause or result in surface or underground waste.
(h) Require the filing of an adequate surety or security bond and provide for the release of that surety or security bond.
(i) Qualify persons for blanket permits.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62509a - Mineral Well Regulatory Fee.

324.62509a Mineral well regulatory fee.
Sec. 62509a.
(1) The owner or operator of a well regulated under this part is subject to the following annual mineral well regulatory fee. The fee shall apply to any mineral well that is usable for its permitted purpose, or has not been properly plugged in accordance with the requirements of this part and rules promulgated under this part, at the time the fee is due:
(a)
For a disposal well for disposal of waste products other than processed brine...........
$
2,500.00
(b)
For a disposal well for disposal or processed brine.........................................
$
500.00
(c)
For a storage well............................
$
500.00
(d)
For a natural brine production well...........
$
500.00
(e)
For an artificial brine production well..
$
500.00
(f)
For an individual test well...................
$
500.00
(g)
For a blanket permit for test wells:
(i)
1 to 24 wells.................................
$
75.00
(ii)
25 to 49 wells................................
$
150.00
(iii)
50 to 75 wells................................
$
300.00
(iv)
75 to 200 wells...............................
$
600.00
(2) Mineral well regulatory fees shall be submitted to the department in the manner required by the department along with any documentation required by the department.
(3) The department shall forward all mineral well regulatory fees collected under this section to the state treasury for deposit in the fund.
History:
Add. 1998, Act 467, Imd. Eff. Jan. 4, 1999
Compiler's Notes:
In subsection (1)(b), the phrase “For a disposal well for disposal or processed brine” should evidently read “For a disposal well for disposal of processed brine.”
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62509b - Mineral Well Regulatory Fund.

324.62509b Mineral well regulatory fund.
Sec. 62509b.
(1) The mineral well regulatory fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department shall expend money from the fund, upon appropriation, only to implement and enforce this part.
History:
Add. 1998, Act 467, Imd. Eff. Jan. 4, 1999
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62510 - Enforcement of Part And Rules; Jurisdiction of Court; Representation by Attorney General.

324.62510 Enforcement of part and rules; jurisdiction of court; representation by attorney general.
Sec. 62510.
The supervisor of mineral wells may bring proceedings for the enforcement of this part and rules promulgated under this part in the circuit court of Ingham county or in the circuit court of the county in which a violation is alleged to have occurred. The attorney general shall represent the supervisor of mineral wells in all actions brought under this part.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62511 - Suits Against Supervisor, Commission, Agent or Employee; Jurisdiction of Ingham County Circuit Court.

324.62511 Suits against supervisor, commission, agent or employee; jurisdiction of Ingham county circuit court.
Sec. 62511.
The circuit court of Ingham county has exclusive jurisdiction of all suits brought against the supervisor of mineral wells or commission, or their agents or employees, by or on account of any matter or thing arising under this part.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62512 - Hearing; Notice of Time, Place, and Issues; Service in Form of Notice by Registered Mail; Responsibility for Publication of Notice and Payment.

324.62512 Hearing; notice of time, place, and issues; service in form of notice by registered mail; responsibility for publication of notice and payment.
Sec. 62512.
(1) The jurisdictional requirement of notice of time, place, and issues involved in a hearing required by this part shall be given in the manner prescribed by the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws, and by publication once each week for 2 weeks consecutively in a newspaper of general circulation in the area where a specific matter of concern is located, with the last date of publication at least 3 days before the date set for hearing.
(2) If a list of interested persons is a part of the petition for hearing, or if the name of an interested person is on record with the supervisor of mineral wells, service in the form of notice by registered mail shall be made by the petitioner to the interested person.
(3) The publishing of a notice of hearing and payment for the publishing are the responsibility of the petitioner. The supervisor of mineral wells is responsible for the publishing and payment for the publishing on a hearing initiated by the supervisor of mineral wells.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62513 - Persons Authorized to Conduct Hearings and Investigations; Acts by Supervisor's Deputy or Representative; Effect.

324.62513 Persons authorized to conduct hearings and investigations; acts by supervisor's deputy or representative; effect.
Sec. 62513.
All hearings and other actions pertaining to these hearings or investigations may be conducted by the supervisor of mineral wells or the supervisor's deputy or authorized representative, and all acts of the deputy or authorized representative have the same force and effect as if done by the supervisor of mineral wells.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62514 - Supervisor of Mineral Wells; Power to Summon Witnesses, Administer Oaths, Require Production of Documents; Noncompliance; Contempt.

324.62514 Supervisor of mineral wells; power to summon witnesses, administer oaths, require production of documents; noncompliance; contempt.
Sec. 62514.
(1) The supervisor of mineral wells may summon witnesses, administer oaths, and, when necessary to carry out the provisions of this part, require the production of appropriate records, books, and documents.
(2) Upon failure or refusal of any person to comply with a subpoena issued by the supervisor of mineral wells, or upon the refusal of any witness to testify as to any matter on which he or she may be interrogated as being pertinent to the hearing or investigation, the person or witness may be subject to a court order compelling him or her to comply with such subpoena, and to appear before the supervisor of mineral wells and produce the records, books, and documents for examination and to testify. The court may punish for contempt or for refusal to testify.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62515 - Failure to Case, Seal, Operate, Repair, or Plug Wells; Notice; Expense of Repair or Correction; Collection.

324.62515 Failure to case, seal, operate, repair, or plug wells; notice; expense of repair or correction; collection.
Sec. 62515.
Whenever the supervisor of mineral wells or the supervisor's deputy or authorized representative determines that an owner or operator has failed or neglected to case, seal, operate, repair, or plug a well pursuant to this part or the rules promulgated or orders issued under this part, notice of the determination shall be given to the owner or operator and to the surety executing the bond filed by the owner or operator. If the owner or operator, or surety, fails to correct the specified conditions pursuant to the rule or order of the supervisor of mineral wells within 60 days after service of notice, the supervisor of mineral wells may enter into or upon any private or public property on which the well is located, and across any private or public property to reach the well, and repair or correct the specified condition, and the owner, operator, and surety are jointly and severally liable for all expenses incurred. The supervisor of mineral wells shall certify to the owner, operator, and surety the claim of the state, listing in the claim the items of expense in making the repair or correction. The claims shall be paid by the owner or operator, or surety, within 30 days, and if not paid within that time, the supervisor of mineral wells may bring suit in the circuit court of Ingham county against the owner, operator, and surety, jointly and severally, for the collection.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62516 - Prohibited Acts.

324.62516 Prohibited acts.
Sec. 62516.
A person shall not do any of the following:
(a) Willfully violate any provision of this part or any rule or order of the supervisor of mineral wells.
(b) Drill or convert any well subject to this part without first obtaining a permit or operate a storage or waste disposal well without approval as provided in this part.
(c) Do any of the following for the purpose of evading or violating this part or any rule promulgated or order issued under this part:
(i) Make false entry or statement in any required report or record.
(ii) Omit or cause to be omitted from any required report or record full, true, and correct entries as required by this part.
(iii) Remove from this state or destroy, mutilate, alter, or falsify any report or record required by this part.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62517 - Violations; Penalties.

324.62517 Violations; penalties.
Sec. 62517.
A person who violates this part is subject to a fine of not more than $1,000.00, and each day that the violation continues constitutes a separate offense. The penalty shall be recovered by suit brought by the supervisor of mineral wells. A person aiding in a violation of this part or a rule promulgated under this part is subject to the same penalties as prescribed in this section.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-3 - Subchapter 3 Mineral Wells (324.62501...324.62518) › 451-1994-III-3-3-625 - Part 625 Mineral Wells (324.62501...324.62518) › Section 324.62518 - Construction of Part.

324.62518 Construction of part.
Sec. 62518.
This part does not apply to wells drilled under the authority of part 41 or part 615. This part does not supersede or contravene any of the provisions of part 81.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63102 - Repealed. 2011, Act 214, Imd. Eff. Nov. 8, 2011.

324.63102 Repealed. 2011, Act 214, Imd. Eff. Nov. 8, 2011.
Compiler's Notes:
The repealed section pertained to a study and survey conducted by supervisor of reclamation.
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63103 - Mining Operations; Rules.

324.63103 Mining operations; rules.
Sec. 63103.
The department may promulgate rules pertaining to mining operations conducted subsequent to their effective date, subject to any rights existing pursuant to any permit, license, lease, or other valid existing authorization issued by a governmental entity and to applicable mine safety laws or rules, for the following purposes:
(a) The sloping, terracing, or other practical treatment of stockpiles and tailings basins where erosion is occurring or is likely to occur that results or may result in injury or damage to fish and wildlife or the pollution of public waters or that is causing or might cause injury to the property or person of others.
(b) The vegetation or other practical treatment of tailings basins and stockpiles upon becoming permanently inactive if substantial natural vegetation is not expected within 5 years and if research reveals that vegetation can reasonably be accomplished within practical limitations.
(c) The stabilization of the surface overburden banks of open pits in rock and the entire bank of open pits in unconsolidated materials upon their abandonment.
(d) The cleanup of mining areas and the removal of debris from those areas on termination of the mining operation.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 2011, Act 214, Imd. Eff. Nov. 8, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63103a - Mining of Ferrous Minerals; Permit Required.

324.63103a Mining of ferrous minerals; permit required.
Sec. 63103a.
A ferrous mineral operator shall not engage in the mining of ferrous minerals except as authorized by a permit issued by the department pursuant to part 13. The department shall not issue a permit unless the applicant has submitted to the department, in addition to the permit application, a mining and reclamation plan for the proposed ferrous mining activity as prescribed by section 63103b.
History:
Add. 1997, Act 149, Imd. Eff. Dec. 2, 1997 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004 ;-- Am. 2011, Act 214, Imd. Eff. Nov. 8, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63103b - Mining and Reclamation Plan.

324.63103b Mining and reclamation plan.
Sec. 63103b.
The mining and reclamation plan submitted under section 63103a shall include all of the following for the total project:
(a) The method and direction of mining.
(b) Surface overburden stripping plans.
(c) The depth of grade level over the entire site from which the ferrous mineral will be removed.
(d) Provisions for grading, revegetation, and stabilization that will minimize soil erosion, sedimentation, and public safety concerns.
(e) The location of buildings, equipment, stockpiles, roads, or other features necessary to the mining activity and provisions for their removal and restoration of the area at the project termination.
(f) The interim use or uses of reclaimed areas before the cessation of the entire mining operation.
(g) Maps and other supporting documents required by the department.
(h) Fencing or other techniques to minimize trespass or unauthorized access to the mining activity.
(i) If required by the department when mining activity below the water table is proposed, a hydrogeological survey of the surrounding area.
(j) If threatened or endangered species are identified, an indication of how the threatened or endangered species will be protected or, if not protected, what mitigation measures will be performed.
(k) If the proposed mining activity includes beneficiation or treatment of the ferrous ore or material mined for its ferrous content, the application documents shall include specific plans depicting the beneficiation and treatment methods and techniques, and manufacturer's material safety data sheets on all chemicals or other additives that are not natural to the site, that will be utilized in the process. The operator shall obtain all applicable state and federal permits before beginning the beneficiation process.
History:
Add. 1997, Act 149, Imd. Eff. Dec. 2, 1997 ;-- Am. 2011, Act 214, Imd. Eff. Nov. 8, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63103d - Ferrous Mineral Surveillance Fee; Annual Report of Production.

324.63103d Ferrous mineral surveillance fee; annual report of production.
Sec. 63103d.
(1) For purposes of surveillance, monitoring, administration, and enforcement of this part, a ferrous mineral operator shall be assessed a ferrous mineral surveillance fee on the ferrous product produced for the calendar year reported as described in subsection (2). The fee shall be assessed upon ferrous product and shall not be more than 1 cent per metric ton. Funds collected by the assessment of the ferrous mineral surveillance fee shall not exceed the actual costs to the department of implementing the sections of this part that pertain to ferrous mineral mining. Surveillance fees collected under this section shall be forwarded to the state treasurer for deposit in the ferrous mineral surveillance fund created in section 63103e.
(2) A ferrous mineral operator shall file an annual report of production on or before February 15 of each year. The report shall contain the annual production of ferrous product from each ferrous mineral mine.
(3) The ferrous mineral surveillance fee described in subsection (1) is due 30 days after the department sends written notice to the ferrous mineral operator of the amount due.
(4) Failure to submit an annual report of production in compliance with rules promulgated by the department constitutes grounds for revocation of a permit.
(5) A penalty equal to 10% of the amount due, or $1,000.00, whichever is greater, shall be assessed against the ferrous mineral operator for a fee that is not paid when due. An unpaid fee and penalty constitute a debt and the basis of a judgment against the operator. Penalties paid pursuant to this section shall be used for the implementation, administration, and enforcement of this part.
(6) Records upon which the annual report of production is based shall be preserved for 3 years and are subject to audit by the department.
History:
Add. 1997, Act 149, Imd. Eff. Dec. 2, 1997 ;-- Am. 2011, Act 214, Imd. Eff. Nov. 8, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63103e - Ferrous Mineral Surveillance Fund.

324.63103e Ferrous mineral surveillance fund.
Sec. 63103e.
(1) The ferrous mineral surveillance fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the ferrous mineral surveillance fund. The state treasurer shall direct the investment of the ferrous mineral surveillance fund. The state treasurer shall credit to the ferrous mineral surveillance fund interest and earnings from fund investments.
(3) Money in the ferrous mineral surveillance fund at the close of the fiscal year shall remain in the ferrous mineral surveillance fund and shall not lapse to the general fund.
(4) The department shall expend money from the ferrous mineral surveillance fund, upon appropriation, only for surveillance, monitoring, administration, and enforcement under this part and for computing the surveillance fee under section 63103d.
History:
Add. 1997, Act 149, Imd. Eff. Dec. 2, 1997 ;-- Am. 2011, Act 214, Imd. Eff. Nov. 8, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63104 - Mining Operations; Variance or Modification From Rules.

324.63104 Mining operations; variance or modification from rules.
Sec. 63104.
The supervisor of reclamation, on application by the landowner or operator, may modify or permit variance from the rules promulgated under this part if the supervisor of reclamation determines that the modification or variance is not contrary to the public interest.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63105 - Supervisor of Reclamation; Administration of Part And Rules; Powers.

324.63105 Supervisor of reclamation; administration of part and rules; powers.
Sec. 63105.
The supervisor of reclamation shall administer and enforce this part and the rules promulgated under this part. The supervisor of reclamation may do any of the following:
(a) Consult with and obtain the assistance of the other divisions of the department.
(b) Enter on the mining areas in connection with any investigation and inspection without liability to the operator or landowner if reasonable prior notice of the intention to do so has been given to the operator or landowner.
(c) Conduct research or enter into contracts related to mining areas and the reclamation of mining areas as may be necessary to implement this part.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63106 - Plan Maps; Filing by Operator; Form; Annual Changes; Long-Range Plans.

324.63106 Plan maps; filing by operator; form; annual changes; long-range plans.
Sec. 63106.
For the purpose of information and to assist the supervisor of reclamation in proper enforcement of rules promulgated under this part, an operator shall file with the supervisor of reclamation a plan map in the form determined by the supervisor of reclamation showing all existing mining areas or areas subjected to mining by the operator. Annually thereafter, on or before March 15, the operator shall file a plan map in similar form showing any changes made during the preceding calendar year and the mining area that the operator anticipates will be subjected to mining during the current calendar year. The supervisor of reclamation periodically shall ascertain the long-range land environment plans of the operator.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63107 - Performance Bond, Security, or Assurance of Operator.

324.63107 Performance bond, security, or assurance of operator.
Sec. 63107.
The supervisor of reclamation, if he or she has reasonable doubts as to an operator's financial ability to comply with the rules promulgated under this part as to actions to be taken after completion of mining operations or any phase of mining operations, may require an operator to furnish a performance bond or other security or assurance satisfactory to the supervisor of reclamation. The supervisor of reclamation may postpone furnishing of the bond, security, or assurance depending upon the life of the mining operation.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63108 - Injunctive Relief to Prevent Violation of Rules.

324.63108 Injunctive relief to prevent violation of rules.
Sec. 63108.
At the request of the supervisor of reclamation, the attorney general may institute an action in a circuit court of the county in which the mining operation affected is conducted for a restraining order or injunction or other appropriate remedy to prevent or preclude a violation of the terms and conditions of any rule promulgated under this part.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110) › Section 324.63110 - Scope of Part.

324.63110 Scope of part.
Sec. 63110.
This part does not apply to activities subject to part 632.
History:
Add. 2004, Act 449, Imd. Eff. Dec. 27, 2004
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-632 - Part 632 Nonferrous Metallic Mineral Mining (324.63201...324.63223) › Section 324.63202 - Legislative Findings.

324.63202 Legislative findings.
Sec. 63202.
The legislature finds that:
(a) It is the policy of this state to foster the conservation and development of the state's natural resources.
(b) Discoveries of nonferrous metallic sulfide deposits have resulted in intensive exploration activities and may lead to the development of 1 or more mines.
(c) Nonferrous metallic sulfide deposits are different from the iron oxide ore deposits currently being mined in Michigan in that the sulfide minerals may react, when exposed to air and water, to form acid rock drainage. If the mineral products and waste materials associated with nonferrous metallic sulfide mining operations are not properly managed and controlled, they can cause significant damage to the environment, impact human health, and degrade the quality of life of the impacted community.
(d) The special concerns surrounding nonferrous metallic mineral mining warrant additional regulatory measures beyond those applied to the current iron mining operations.
(e) Nonferrous metallic mineral mining may be an important contributor to Michigan's economic vitality. The economic benefits of nonferrous metallic mineral mining shall occur only under conditions that assure that the environment, natural resources, and public health and welfare are adequately protected.
History:
Add. 2004, Act 449, Imd. Eff. Dec. 27, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-632 - Part 632 Nonferrous Metallic Mineral Mining (324.63201...324.63223) › Section 324.63203 - Nonferrous Metallic Mineral Mining; Administration and Enforcement; Rules; Regulation or Control by Local Units of Government.

324.63203 Nonferrous metallic mineral mining; administration and enforcement; rules; regulation or control by local units of government.
Sec. 63203.
(1) The department shall administer and enforce this part in order to regulate nonferrous metallic mineral mining. In addition to other powers granted to it, the department may promulgate rules it considers necessary to carry out its duties under this part, including standards for construction, operation, closure, postclosure monitoring, reclamation, and remediation of a nonferrous metallic mineral mine. However, the department shall not promulgate any additional rules under this part after February 15, 2006.
(2) The department may do either of the following:
(a) Enter at all reasonable times in or upon a mining area for the purpose of inspecting and investigating conditions relating to the operation of a mining area. However, an investigation or inspection under this subsection shall comply with the United States constitution, the state constitution of 1963, and this section.
(b) Conduct research or enter into contracts related to mining areas and the reclamation of mining areas as may be necessary to implement this part.
(3) Subject to subsections (4) and (5), a local unit of government shall not regulate or control mining or reclamation activities that are subject to this part, including construction, operation, closure, postclosure monitoring, reclamation, and remediation activities, and does not have jurisdiction concerning the issuance of permits for those activities.
(4) A local unit of government may enact, maintain, and enforce ordinances, regulations, or resolutions affecting mining operations if the ordinances, regulations, or resolutions do not duplicate, contradict, or conflict with this part. In addition, a local unit of government may enact, maintain, and enforce ordinances, regulations, or resolutions regulating the hours at which mining operations may take place and routes used by vehicles in connection with mining operations. However, such ordinances, regulations, or resolutions shall be reasonable in accommodating customary nonferrous metallic mineral mining operations.
(5) Subsections (3) and (4) do not prohibit a local unit of government from conducting water quality monitoring.
History:
Add. 2004, Act 449, Imd. Eff. Dec. 27, 2004 ;-- Am. 2005, Act 299, Imd. Eff. Dec. 21, 2005
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-632 - Part 632 Nonferrous Metallic Mineral Mining (324.63201...324.63223) › Section 324.63211 - Financial Assurance.

324.63211 Financial assurance.
Sec. 63211.
(1) An operator shall maintain financial assurance during mining operations until the department determines that all reclamation has been completed and for a postclosure monitoring period as determined under section 63209(6) and (7), except that financial assurance shall be released immediately upon termination of a mining permit under section 63207(2)(a).
(2) The financial assurance required under subsection (1) shall apply to all mining and reclamation operations subject to the mining permit and be sufficient to cover the cost to administer, and to hire a third party to implement, reclamation under the mining, reclamation, and environmental protection plan as well as necessary environmental protection measures, including remediation of any contamination of the air, surface water, or groundwater that is in violation of the mining permit. The financial assurance shall consist of a conformance bond, escrow, cash, certificate of deposit, irrevocable letter of credit, or other equivalent security, or any combination thereof, covering at least 75% of the total required amount. Financial assurance for the balance of the required total amount, if any, shall consist of a statement of financial responsibility.
(3) Every 3 years, or as the department considers necessary, a permittee shall update the statement of financial responsibility required under subsection (2) and shall adjust the conformance bond, escrow, cash, certificate of deposit, irrevocable letter of credit, or other security, as applicable, to assure that the financial assurance is sufficient for the purposes of subsection (2).
(4) The financial assurance mechanism required by this section may be satisfied in whole or in part by financial assurance provisions required by other parts of this act if those provisions address the remediation activities required under this part.
(5) Failure to provide financial assurance under this section constitutes grounds for the department to order immediate suspension of activities at a mining operation, including the removal of metallic product from the site, pursuant to section 63221.
History:
Add. 2004, Act 449, Imd. Eff. Dec. 27, 2004
Popular Name:
Act 451
Popular Name:
NREPA