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-3-4 - 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 324.63213 - Mining and Reclamation Report.

324.63213 Mining and reclamation report.
Sec. 63213.
(1) A permittee shall file with the department a mining and reclamation report on or before March 15 of each year, during the period the mine is operating and during the postclosure monitoring period. The mining and reclamation report shall contain all of the following:
(a) A description of the status of mining and reclamation operations.
(b) An update of the contingency plan. The permittee shall provide a copy of the update to the emergency management coordinator.
(c) A report of monitoring results for the preceding calendar year.
(d) A report of the total tons of material mined from the mining area, and the amount of metallic product by weight, produced from the nonferrous metallic mineral mine for the preceding calendar year.
(e) A list of the reports required under subsection (2) for the preceding calendar year.
(2) A permittee shall promptly notify the department and each emergency management coordinator having jurisdiction over the affected area of any incident, act of nature, or exceedance of a permit standard or condition at a mining operation that has created, or may create, a threat to the environment, natural resources, or public health and safety.
(3) Records upon which the mining and reclamation reports are based shall be preserved by the permittee for 3 years and made available to the department upon request.
(4) Records upon which incident reports under subsection (2) are based shall be preserved by the permittee for 3 years or until the end of the postclosure monitoring period, whichever is later.
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 324.63215 - Surveillance Fee.

324.63215 Surveillance fee.
Sec. 63215.
(1) For purposes of surveillance, monitoring, administration, and enforcement of this part, the department shall assess a permittee a nonferrous metallic mineral surveillance fee of not more than 5 cents per ton of material mined from the mining area as reported under section 63213(1)(d), but not less than $5,000.00, for each calendar year the mine is in operation and during the postclosure monitoring period. Surveillance fees collected under this section shall be forwarded to the state treasurer for deposit in the nonferrous metallic mineral surveillance fund created in section 63217. The surveillance fee rate shall be calculated each year as follows:
(a) The department shall determine the total tons of material mined from mining areas in this state in the prior calendar year.
(b) The department shall calculate the adjusted appropriation by deducting any unexpended money in the fund at the close of the prior fiscal year from the amount appropriated for the current fiscal year for surveillance, monitoring, administration, and enforcement of this part.
(c) The fee rate shall be the ratio, to the nearest 1/100 of 1%, of the adjusted appropriation to the total tons of material mined.
(2) The nonferrous metallic mineral surveillance fee described in subsection (1) is due by 30 days after the department sends written notice to the permittee of the amount due.
(3) A penalty equal to 10% of the amount due, or $1,000.00, whichever is greater, shall be assessed against the permittee for a metallic mineral surveillance fee that is not paid when due. The department may file an action in the circuit court for Ingham county to collect the unpaid fee and penalty. The unpaid fee and penalty shall constitute a debt and become the basis of a judgment against the permittee.
(4) Penalties paid pursuant to this section shall be used for the implementation, administration, and enforcement of this part.
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 324.63217 - Nonferrous Metallic Mineral Surveillance Fund.

324.63217 Nonferrous metallic mineral surveillance fund.
Sec. 63217.
(1) The nonferrous metallic 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 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) Unexpended money in the fund at the close of the fiscal year shall remain in the fund and be carried over to the succeeding fiscal year.
(4) The department shall expend money from the fund, upon appropriation, only for surveillance, monitoring, administration, and enforcement under this part.
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 324.63219 - Contested Case Hearing.

324.63219 Contested case hearing.
Sec. 63219.
(1) A person who is aggrieved by an order, action, or inaction of the department or by the issuance, denial, revocation, or amendment of a mining permit under this part may file a petition with the department requesting a contested case hearing, under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. A petition filed more than 60 days after an order, action, or inaction of the department or an action on a mining permit may be rejected as being untimely.
(2) Any hearing under this part shall be held pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department shall provide notice of the hearing and shall mail copies of the notice to the person requesting the hearing and to the city, village, or township and the county where the proposed mining operation is to be located and to all affected federally recognized Indian tribes in this state. The department shall publish notice of the hearing in a newspaper of local distribution in the area of the mining operation at least 10 days before the hearing.
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-3-4-633 - Part 633 Mining Authorization, Multiple Owners (324.63301...324.63306) › Section 324.63301 - Definitions.

324.63301 Definitions.
Sec. 63301.
The following words and terms as used in this part have the meaning ascribed to them in this section:
(a) "Mineral", when employed in a conveyance, includes every inorganic substance that can be extracted from the earth for profit whether it is solid, as rock, fire clay, the various metals, and coal, or fluid, as mineral waters. Mineral does not include oil or gas.
(b) "Person" means any natural person, corporation, association, partnership, receiver, trustee, judiciary or common law trust, guardian, executor, administrator, or fiduciary of any kind.
(c) "Royalty interest" means that share of the product or profit that the owner of the land or mineral rights in the land reserves or is entitled to, whether under a lease or under this part, in consideration of permitting the development of the mineral rights. Royalty interest does not include oil or gas or interests in oil or gas.
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-3-4-633 - Part 633 Mining Authorization, Multiple Owners (324.63301...324.63306) › Section 324.63302 - Exploration of Certain Lands for Mining Purposes.

324.63302 Exploration of certain lands for mining purposes.
Sec. 63302.
Whenever lands or mineral rights in lands in this state are owned by tenants in common, joint owners, co-tenants, or co-parceners, whether title is derived by purchase, devise, descent, or otherwise, or whether or not any or all of the owners are minors, the tenants in common, joint owners, co-tenants, or co-parceners who hold not less than 3/4 interest in the title to the lands or mineral rights in the lands may explore, drill, mine, develop, and operate the lands for mining purposes, except for oil and gas, and may remove and transport the minerals or mineral products from the lands or store the minerals or mineral products on the lands and sell and dispose of the minerals and mineral products in the manner provided for in 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-3-4-633 - Part 633 Mining Authorization, Multiple Owners (324.63301...324.63306) › Section 324.63303 - Decree of Court to Lease Land; Complaint.

324.63303 Decree of court to lease land; complaint.
Sec. 63303.
The owner or owners of not less than 3/4 in interest desiring to lease land or the mineral rights in the land for mining purposes, except for oil and gas, or desiring to explore, drill, develop, or operate the land for minerals or mineral products and to remove the minerals or mineral products from the land, may file a complaint in a circuit court for the county in which the land or a part of the land is located, to obtain a decree of the court authorizing the owner or owners to lease the land or the mineral rights or to explore, drill, mine, develop, and operate the land for mining purposes, except for oil and gas, and remove and transport minerals or mineral products from the land or store the minerals or mineral products on the land of all owners of the land. The complaint shall set forth the relevant facts and the interests of all persons to the extent these are known to the plaintiffs.
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-3-4-633 - Part 633 Mining Authorization, Multiple Owners (324.63301...324.63306) › Section 324.63304 - Decree of Court; Distribution of Proceeds.

324.63304 Decree of court; distribution of proceeds.
Sec. 63304.
If the court finds that the material assertions of the complaint are true and that the plaintiffs do own the required interest in the land or mineral rights as joint tenants, tenants in common, co-tenants, or co-parceners, or that the required proportion in interest of such owners consent to the granting of the relief prayed in the complaint, the court shall enter a decree authorizing the plaintiffs to lease for exploring, drilling, mining, and operating the land for mining purposes, except for oil and gas, and to remove the minerals or mineral products from the land and sell or dispose of the minerals or mineral products so as to realize the full value of the minerals or mineral products for the benefit of all entitled parties. The defendants and minority interest holders, whether owner of fee or royalty interests or their lessees, shall participate in their proportionate share of the proceeds derived from the sale of minerals or mineral products produced from the land. If the court finds that a lease of a royalty interest should be granted, the terms and conditions of the lease shall be fixed by the court in its decree, but the royalty payable to the royalty interest shall not be less than 1/10 of the minerals or mineral products or the value of the minerals or mineral products as produced and severed from the land at the point of production. The court shall provide by decree for the disposition by the plaintiffs of the proportionate part of the proceeds from the sale of the defendants' portion of the minerals or mineral products produced and shall provide for the payment and distribution of the proceeds to the defendants as their respective interests may appear, after deduction of the proportionate costs of the proceedings and those other expenses incurred by the plaintiffs that are approved by the court.
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-3-4-633 - Part 633 Mining Authorization, Multiple Owners (324.63301...324.63306) › Section 324.63305 - Deposit With Clerk of Court When Defendant Is Unknown.

324.63305 Deposit with clerk of court when defendant is unknown.
Sec. 63305.
If the whereabouts of any of the defendants is unknown, the court may require the plaintiffs to deposit those defendants' share of the net proceeds from minerals or mineral products with the clerk of the court, to be held for the defendants, as the court may direct.
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-3-4-633 - Part 633 Mining Authorization, Multiple Owners (324.63301...324.63306) › Section 324.63306 - Suits by Lessees.

324.63306 Suits by lessees.
Sec. 63306.
If a person or persons holding not less than a 3/4 interest in the land has or have executed a mineral lease or leases to any person, the lessee or lessees may institute and maintain or defend any suit provided for by this part, either in the name of the lessee or in the name of his or her lessor.
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-3-4-634 - Part 634 Small Native Copper Mines (324.63401...324.63418) › Section 324.63403 - Enforcement and Administration of Part; Rules; Inspection and Investigation by Department; Regulation by Local Governmental Unit; Restrictions.

324.63403 Enforcement and administration of part; rules; inspection and investigation by department; regulation by local governmental unit; restrictions.
Sec. 63403.
(1) The department shall administer and enforce this part. In addition to other powers granted to it, the department may promulgate rules it considers necessary to carry out its duties under this part.
(2) The department may enter at any reasonable time in or upon a mining area for the purpose of inspecting and investigating conditions relating to mining activities.
(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 or regulations affecting mining if the ordinances or regulations do not duplicate, contradict, or conflict with this part and are reasonable in accommodating customary mining activities.
(5) Subsections (3) and (4) do not prohibit a local unit of government from conducting water quality monitoring.
History:
Add. 2017, Act 40, Eff. Aug. 21, 2017
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-3-4-634 - Part 634 Small Native Copper Mines (324.63401...324.63418) › Section 324.63409 - Conformance Bond; Amount; Duration; Violation.

324.63409 Conformance bond; amount; duration; violation.
Sec. 63409.
(1) For each mine, an operator shall maintain a conformance bond in the amount of $50,000.00 during mining activities and until the department determines that all reclamation has been completed in compliance with the mining permit.
(2) If an operator violates subsection (1), the department may order immediate suspension of mining activities, including the removal of native copper from the site.
History:
Add. 2017, Act 40, Eff. Aug. 21, 2017
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-3-4-634 - Part 634 Small Native Copper Mines (324.63401...324.63418) › Section 324.63411 - Mine Operator; Compliance With Applicable Requirements; Duties Upon Suspension of Mining Activities; Beginning and Completing Final Reclamation of Mining Area; Time Period; Extension; Compliance With Other Applicable State or Federal Statutes or Regulations.

324.63411 Mine operator; compliance with applicable requirements; duties upon suspension of mining activities; beginning and completing final reclamation of mining area; time period; extension; compliance with other applicable state or federal statutes or regulations.
Sec. 63411.
(1) An operator shall comply with all other applicable requirements of this act.
(2) An operator shall conduct mining activities at a mining area in conformance with the approved mining and reclamation plan.
(3) If mining activities are suspended for a continuous period exceeding 240 days, the operator shall maintain, monitor, and secure the mining area and shall conduct any interim sloping or stabilizing of surfaces necessary to protect the environment, natural resources, or public health and safety in accordance with the mining permit.
(4) Subject to subsection (5), an operator shall begin final reclamation of a mining area within 3 years after the date of cessation of other mining activities and shall complete reclamation within the time set forth in the mining and reclamation plan approved by the department under section 63405.
(5) Upon written request of the operator, the department may approve an extension of time to begin or complete final reclamation.
(6) Compliance with this part does not relieve a person of the responsibility to comply with all other applicable state or federal statutes or regulations.
History:
Add. 2017, Act 40, Eff. Aug. 21, 2017
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-3-4-634 - Part 634 Small Native Copper Mines (324.63401...324.63418) › Section 324.63413 - Fees and Penalties.

324.63413 Fees and penalties.
Sec. 63413.
(1) For purposes of surveillance, monitoring, administration, and enforcement of this part, an operator shall pay the department by February 15 of each year an operating fee of $5,000.00 for each mine where mining activities were ongoing as of December 31 of the previous year. The fee is due each year until the mining activities cease and the department has released the conformance bond.
(2) The department shall assess a penalty equal to 2% of the amount due against the operator for each month or part of a month during which an operating fee has not been paid after the due date.
(3) The department shall forward all annual operating fees and penalties collected under this section to the state treasurer for deposit in the fund.
History:
Add. 2017, Act 40, Eff. Aug. 21, 2017
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-3-4-634 - Part 634 Small Native Copper Mines (324.63401...324.63418) › Section 324.63415 - Small Native Copper Mine Surveillance Fund; Creation; Deposit of Money or Other Assets; Investment; Interest and Earnings; Money Remaining at Close of Fiscal Year; Expenditures.

324.63415 Small native copper mine surveillance fund; creation; deposit of money or other assets; investment; interest and earnings; money remaining at close of fiscal year; expenditures.
Sec. 63415.
(1) The small native copper mine 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 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 for surveillance, monitoring, administration, and enforcement under this part.
History:
Add. 2017, Act 40, Eff. Aug. 21, 2017
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-3-4-634 - Part 634 Small Native Copper Mines (324.63401...324.63418) › Section 324.63418 - Mining of Earth Material Having Significant Acid-Forming or Leachable Characteristics; Exception.

324.63418 Mining of earth material having significant acid-forming or leachable characteristics; exception.
Sec. 63418.
Mining of earth material that has significant acid-forming or leachable characteristics is not subject to this part.
History:
Add. 2017, Act 40, Eff. Aug. 21, 2017
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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-1 - Subpart 1 General Provisions (324.63501...324.63508) › Section 324.63501 - Meanings of Words and Phrases Defined in MCL 324.63502 and 324.63503.

324.63501 Meanings of words and phrases defined in MCL 324.63502 and 324.63503.
Sec. 63501.
For the purposes of this part, the words and phrases defined in sections 63502 and 63503 have the meanings ascribed to them in those sections.
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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-1 - Subpart 1 General Provisions (324.63501...324.63508) › Section 324.63504 - Assumption by State of Exclusive Jurisdiction Over Regulation of Surface Coal Mining and Reclamation Operations in State; Purpose of Part.

324.63504 Assumption by state of exclusive jurisdiction over regulation of surface coal mining and reclamation operations in state; purpose of part.
Sec. 63504.
Pursuant to the authority granted in section 503 of title V of the surface mining control and reclamation act of 1977, Public Law 95-87, 30 U.S.C. 1253, that allows a state to assume and retain exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within that state by obtaining approval of a state program that has the capability of implementing and enforcing the provisions and purposes of the surface mining control and reclamation act of 1977, this state wishes to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations in this state. It is the purpose of this part to provide a state plan to implement and enforce the purposes provided in section 102 of title I of the surface mining control and reclamation act of 1977, Public Law 95-87, 30 U.S.C. 1202.
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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-1 - Subpart 1 General Provisions (324.63501...324.63508) › Section 324.63505 - Exclusive Jurisdiction of Department Over Surface Coal Mining and Reclamation Operations in State; Construction of Part.

324.63505 Exclusive jurisdiction of department over surface coal mining and reclamation operations in state; construction of part.
Sec. 63505.
The department has exclusive jurisdiction over all surface coal mining and reclamation operations in this state. This part shall not be construed as preempting a zoning ordinance enacted by a local unit of government or impairing a land use plan adopted pursuant to a law of this state by a local unit of government.
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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-1 - Subpart 1 General Provisions (324.63501...324.63508) › Section 324.63507 - Rules.

324.63507 Rules.
Sec. 63507.
(1) The department shall promulgate rules pertaining to surface coal mining and reclamation operations that are required by this part.
(2) A rule promulgated or a permit issued by the department may differ in its terms and provisions as to particular permit conditions, types of coal being extracted, particular areas of the state, or any other conditions that appear relevant and necessary if the action taken is consistent with attainment of the general intent and purposes of 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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-1 - Subpart 1 General Provisions (324.63501...324.63508) › Section 324.63508 - Information Submitted to Department, Other State Agency, or Local Unit of Government as Public Record; Confidential Information; Rules.

324.63508 Information submitted to department, other state agency, or local unit of government as public record; confidential information; rules.
Sec. 63508.
Except when confidentiality is provided in this part, information submitted to the department, other state agency, or local unit of government pursuant to this part shall be a public record as provided in the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. Information that pertains only to the analysis of the chemical and physical properties of coal, excepting information regarding such mineral or elemental content that is potentially toxic in the environment, or information that pertains to the exact location of archeological sites shall be kept confidential and is not a public record. The department shall promulgate rules establishing a procedure to determine whether information that pertains only to the analysis of the chemical and physical properties of the coal shall be kept confidential.
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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-2 - Subpart 2 Abandoned Mine Reclamation (324.63509...324.63513) › Section 324.63509 - Participation in Abandoned Mines Reclamation Fund Established by Title IV of Surface Mining Control and Reclamation Act of 1977; Authorization; Action; Procedures.

324.63509 Participation in abandoned mines reclamation fund established by title IV of surface mining control and reclamation act of 1977; authorization; action; procedures.
Sec. 63509.
The department is authorized to take all action necessary to ensure participation to the fullest extent practicable in the abandoned mines reclamation fund established by title IV of the surface mining control and reclamation act of 1977, and to function as the state's agency for that participation relative to coal mining. Pursuant to this part and title IV of the surface mining control and reclamation act of 1977, the department shall establish procedures for the designation of the land and water eligible for reclamation or abatement expenditures; for the submission of reclamation plans, annual projects, and applications to the appropriate authorities pursuant to the terms of this part and title IV of the surface mining control and reclamation act of 1977; and for the administration of all money received for abandoned mine reclamation or related purposes.
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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-2 - Subpart 2 Abandoned Mine Reclamation (324.63509...324.63513) › Section 324.63513 - Expenditures From State Abandoned Mine Reclamation Fund for Emergency Restoration, Reclamation, Abatement, Control, or Prevention of Adverse Effects; Conditions; Entry on Land Where Emergency Exists as Exercise of Police Power; Warrant; Action for Damages; Intent of Subsection (2).

324.63513 Expenditures from state abandoned mine reclamation fund for emergency restoration, reclamation, abatement, control, or prevention of adverse effects; conditions; entry on land where emergency exists as exercise of police power; warrant; action for damages; intent of subsection (2).
Sec. 63513.
(1) The department may expend money from the state abandoned mine reclamation fund created by section 63510 for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices on eligible land, if the department finds that all the following conditions exist:
(a) An emergency exists constituting a danger to the public health, safety, or general welfare.
(b) No other person, state agency, or local unit of government has commenced actions or operations on the eligible land to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.
(2) The department may enter on any land where the emergency exists and any other land necessary to have access to the land where the emergency exists to take those actions necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety, or general welfare, if the department has obtained a warrant authorizing that entry. Entry pursuant to this subsection is an exercise of the police power and not an act of condemnation or trespass. If the owner of any interest in the property brings an action for damages because of an entry made pursuant to this subsection, the money expended to restore, reclaim, abate, control, or prevent the adverse effects and the benefits accruing to the property entered on is chargeable against the land and shall mitigate or offset any claim in that action. This subsection does not create new rights of action or eliminate existing immunities.
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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-3 - Subpart 3 Permits (324.63514...324.63526) › Section 324.63514 - Conduct of Surface Coal Mining Operation Without Permit.

324.63514 Conduct of surface coal mining operation without permit.
Sec. 63514.
A person shall not conduct a surface coal mining operation in this state except as authorized by a permit issued by the department pursuant to part 13.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-3 - Subpart 3 Permits (324.63514...324.63526) › Section 324.63515 - Term of Permits; Continuation of Plan by Successor in Interest; Termination of Permit; Extensions of Time to Commence Operations; Conditions.

324.63515 Term of permits; continuation of plan by successor in interest; termination of permit; extensions of time to commence operations; conditions.
Sec. 63515.
(1) Permits issued pursuant to this part are for a term not to exceed 3 years, except that if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and to open the operation, and if the application is full and complete for the specified longer term, the department may grant a permit for that longer term. A successor in interest to a permittee who applies for a new permit within 30 days of succeeding to that interest and who is able to obtain the same bond coverage pursuant to subpart 5 as the original permittee may continue the surface coal mining and reclamation plan of the original permittee until the successor's application is granted or denied.
(2) A permit shall terminate if the permittee has not commenced the surface coal mining operation covered by the permit within 2 years after commencement of the period for which the permit is issued. However, upon application by the permittee, the department may grant reasonable extensions of time, not to exceed 6 months each, to commence a surface coal mining operation if the permittee demonstrates either of the following:
(a) The extension is necessary because the commencement of the operation has been enjoined by a court of competent jurisdiction.
(b) The extension is necessary because of conditions beyond the control and without the fault or negligence of the permittee.
For a coal lease issued under chapter 85, 41 Stat. 437, 30 U.S.C. 181 to 184, 185 to 188, 189 to 191, 192, 193, 195, 201, 202 to 203, 205 to 208-2, 209, 211 to 214, 223, 224 to 226, 226-2 to 226-3, 228 to 229a, 241, 251, and 261 to 263, commonly known as the mineral lands leasing act of 1920, the department shall not grant extensions of time that extend beyond the period allowed for diligent development under section 7 of chapter 85, 41 Stat. 439, commonly known as the mineral lands leasing act of 1920, 30 U.S.C. 207.
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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-3 - Subpart 3 Permits (324.63514...324.63526) › Section 324.63517 - Renewal of Permit.

324.63517 Renewal of permit.
Sec. 63517.
(1) A permit issued pursuant to this part includes the right of successive renewal on expiration with respect to areas within the boundaries of the existing permit. The permittee may apply for renewal and except as provided in subsection (2) the renewal shall be issued.
(2) A permit shall not be renewed if, after a hearing conducted pursuant to section 63523, it is established and the department makes written findings that any of the following conditions exist:
(a) The terms and conditions of the existing permit are not being satisfactorily met by the permittee.
(b) The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this part and the approved state plan or federal program pursuant to the surface coal mining and reclamation act of 1977.
(c) The renewal requested substantially jeopardizes the operator's continuing responsibility for reclamation established under this part on existing permit areas.
(d) The operator has not provided evidence that the performance bond in effect for the operation or any additional bond the department might require pursuant to section 63529 will continue in full force and effect for the renewal requested in the application.
(e) Additional revised or updated information required by the department by rule has not been provided by the permittee.
(3) Before the renewal of a permit, the department shall provide notice to the appropriate persons, local units of government, and interested parties.
(4) If an application for renewal of an existing permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application that addresses new land areas is subject to the full standards applicable to a new application under this part.
(5) A permit renewal shall be for a term not to exceed the period of the existing permit established by this part. Application for permit renewal shall be made at least 120 days before the expiration of the existing permit.
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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-3 - Subpart 3 Permits (324.63514...324.63526) › Section 324.63519 - Blasting Plan; Submission by Permit Applicant.

324.63519 Blasting plan; submission by permit applicant.
Sec. 63519.
Each applicant for a surface coal mining and reclamation permit shall submit to the department as a part of its application a blasting plan that outlines the procedures and standards by which the operator will meet the requirements of section 63527(2)(o).
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-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-3 - Subpart 3 Permits (324.63514...324.63526) › Section 324.63520 - Filing Copy of Application With County and Township Clerks; Exception; Information Obtained by Department Available to Public With County Clerk; Confidentiality.

324.63520 Filing copy of application with county and township clerks; exception; information obtained by department available to public with county clerk; confidentiality.
Sec. 63520.
(1) An applicant for a surface coal mining and reclamation permit shall file a copy of the application with the county clerk of each county in which the mining is proposed to occur and with the township clerk of each township in which the mining is proposed to occur, except for that information in the application pertaining to the coal seam.
(2) Except when confidentiality is provided for in this part, a record, report, inspection materials, or other information obtained by the department shall be available to the public with the county clerk of each county in which the mining is proposed to occur. The department shall transmit a record, report, inspection material, or other information to each county clerk within 10 days after it is received by the department.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA