reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 1 - GENERAL PROVISIONS › Section 096-200-1-1 - Applicability

Current through 2024-29, July 17, 2024
A. To all metallic
				  mineral exploration, advanced exploration and mining activities after the
				  effective date of this Chapter, except exploration for or physical extraction,
				  crushing, grinding, physical sorting or storage of metallic minerals when such
				  activity has been excluded from the requirements of this Chapter as determined
				  by the Department in accordance with Subchapter 9.
NOTE:
Persons seeking to conduct exploration
					 activities in the unorganized or deorganized areas of the State should contact
					 the Maine Land Use Planning Commission.
B. The following activities are prohibited,
				  and no permit shall be issued under this Chapter to a mining operation that
				  includes:
(1) Heap, percolation or in-situ
				  leaching.
(2) Mining for thorium or
				  uranium ore.
(3) Block
				  caving.
(4) Open-pit
				  mining.
(5) Wet mine waste units
				  and tailings impoundments are prohibited, except that a mining operation may
				  place into a mine shaft waste rock that is neutralized or otherwise treated to
				  prevent contamination of groundwater or surface water.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 1 - GENERAL PROVISIONS › Section 096-200-1-3 - General Prohibitions

Current through 2024-29, July 17, 2024
A. It shall be
				  unlawful for any person to engage in any exploration, advanced exploration or
				  mining activity, or initiate the construction of such, except as authorized
				  pursuant to this Chapter.
NOTE: Qualified exploration activities conducted pursuant
					 to the standards established in section 7 of this Chapter do not require a
					 mining permit.
B. The
				  Department may not approve a mining permit in an unorganized or deorganized
				  area of the State unless the Maine Land Use Planning Commission certifies to
				  the Department that:
(1) The proposed mine is
				  an allowed use within the subdistrict or subdistricts in which the project is
				  located; and
(2) The proposed mine
				  meets any land use standard established by the Maine Land Use Planning
				  Commission applicable to the project that is not considered in the Department's
				  review.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 1 - GENERAL PROVISIONS › Section 096-200-1-4 - Relation to Other Rules

Current through 2024-29, July 17, 2024
This section applies to all exploration, advanced
					 exploration and mining activities. Compliance with the provisions of this
					 Chapter, the mining permit, and the Act does not:
A. Relieve a Permittee of the obligation to
				  comply with all other applicable state, federal, or local statutes,
				  regulations, or ordinances, including but not limited to the regulations for
				  air emissions, water discharges, hazardous waste management for wastes not
				  exempted from the federal hazardous waste management requirements under
				  40 CFR §
											261.4(b)(3) or (b)(7) (July
				  1, 2015), and underground storage tanks; permits required under 38 M.R.S.
				  Chapter 3, Subchapter 1, Article 5-A (
Natural Resources Protection
				  Act
), waste discharge licenses required under
				  38 M.R.S.
				  §413 for discharges of pollutants to
				  groundwater via an underground injection well or discharges of pollutants to
				  surface waters of the State, including permits for construction and industrial
				  discharge issued by the Department pursuant to
				  40 CFR §
											122.26; licenses required under 38 M.R.S.
				  Chapter 4 (Protection and Improvement of Air); hazardous waste management
				  licenses and other permits or licenses issued pursuant to any United States
				  Environmental Protection Agency federally delegated or authorized program.
NOTE: Pursuant to
					 38 M.R.S.
					 §490-NN(1)(A), the
					 provisions of Chapter 3, Subchapter 1, Article 6 (Site Location of
					 Development), Article 7 (Performance Standards for Excavations for Borrow,
					 Clay, Topsoil or Silt), and Article 8-A (Performance Standards for Quarries);
					 Chapter 13 (Waste Management); and
					 38 M.R.S.
					 §420-D (Storm Water Management) do not
					 apply to applications reviewed under the Act and this Chapter, except when
					 permits or licenses are issued pursuant to any United States Environmental
					 Protection Agency federally delegated or authorized program, as also set forth
					 at 38
					 M.R.S. §490-NN(1)(A).
					 In the case of waste management, the Department has interpreted the Act to
					 exclude only those mine wastes that have been excluded by Subchapter 3 of the
Resource Conservation and Recovery Act
, 42 CFR §6901
et seq.
and 40 CFR §
												261.4(b) (3) and
					 (b)(7) (July 1, 2015).
B. Prevent a municipality from regulating or
				  controlling mining or reclamation activities; and
C. Prevent a municipality from regulating the
				  routes, hours, and weights of transportation of ore, rock, tailings, and other
				  mining-related materials on public streets and roads in order to protect the
				  public health, safety, and welfare.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 2 - ENVIRONMENTAL REQUIREMENTS FOR EXPLORATION AND ADVANCED EXPLORATION › Section 096-200-2-5 - Purpose of Exploration and Advanced Exploration Requirements

Current through 2024-29, July 17, 2024
The purpose of this subchapter is to establish
					 environmental procedures and standards for exploration and advanced exploration
					 activities.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 2 - ENVIRONMENTAL REQUIREMENTS FOR EXPLORATION AND ADVANCED EXPLORATION › Section 096-200-2-6 - Applicability of Exploration and Advanced Exploration Requirements

Current through 2024-29, July 17, 2024
This subchapter applies to any person proposing to conduct
					 or engaging in exploration activities in the organized areas of the State and
					 advanced exploration activities statewide.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 2 - ENVIRONMENTAL REQUIREMENTS FOR EXPLORATION AND ADVANCED EXPLORATION › Section 096-200-2-7 - Exploration Activities

Current through 2024-29, July 17, 2024
A mining permit is not required for exploration under this
					 Chapter, however, the submittal of an exploration work plan is required under
					 section 7(C)(1) prior to
					 initiating any activities at an exploration site within the organized areas of
					 the State. The exploration work plan must contain the submission requirements
					 listed in subsection
					 7(C) of this
					 Chapter.
NOTE: Geophysical surveys are considered exploration for
					 the purposes of this Chapter and the submissions and standards under section
					 7 of this Chapter if they involve
					 some disturbance of soil or vegetation, such as cutting or clearing of
					 vegetation along a survey grid. Non-intrusive methods, such as aeromagnetic
					 surveys or other remote-sensing methods that do not involve any disturbance of
					 soil or vegetation are not considered exploration for the purposes of this
					 Chapter. The submission of an exploration work plan is not required for hand
					 sampling activities (soil sampling with auger or shovel, stream sediment
					 sampling, and rock chip sampling); however, these activities may require
					 approval under other laws and regulations administered by the Department (e.g.,
					 the
Natural Resource Protection Act
,
					 38 M.R.S.
					 §480-C).
NOTE: Persons seeking to conduct exploration activities in
					 the unorganized or deorganized areas of the State should contact the Maine Land
					 Use Planning Commission.
A.
Other Applicable Permit Requirements.
Depending upon the location,
				  type and extent of activity, a permit may be required under other statutes or
				  rules of the Department and the Maine Geological Survey. Persons seeking to
				  conduct exploration activities should check with the appropriate agencies to
				  determine applicable requirements. Requirements for exploration activities may
				  include, but are not limited to, the following:
(1) Bureau of Resource Information and Land
				  Use Planning. See Mining on State Lands,
				  12 M.R.S.
				  §549,
et seq.
;
				  and
(2) Natural Resources
				  Protection Act Permit. See
Natural Resources Protection Act
,
				  38 M.R.S.
				  §480-A,
et
				  seq
.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 2 - ENVIRONMENTAL REQUIREMENTS FOR EXPLORATION AND ADVANCED EXPLORATION › Section 096-200-2-8 - Advanced Exploration

Current through 2024-29, July 17, 2024
A person may not engage in advanced exploration without an
					 advanced exploration permit issued by the Department. Advanced exploration
					 activity permits are divided into two categories: Tier One and Tier Two. Under
					 a Tier One approval, bulk sampling may not exceed two thousand tons of mine
					 waste. Under a Tier Two approval, bulk sampling may not exceed ten thousand
					 tons of mine waste. Under an advanced exploration permit, on-site processing of
					 bulk samples is limited to mechanical size alteration and sorting. Any
					 additional on-site testing and characterization must occur within enclosed,
					 portable facilities. Any waste generated from this additional on-site testing
					 and characterization must be transported off-site for disposal.
A.
General Standards and
				  Requirements.
Applications for all advanced exploration activities must
				  demonstrate compliance with the standards for exploration listed under
				  subsection
				  7(B) of this
				  Chapter. Tier One advanced exploration activities must also meet the
				  requirements of subsection
				  8(C), and Tier Two
				  advanced exploration activities must meet the criteria for approval of mining
				  activities in section 11 of this Chapter together with any additional
				  site-specific conditions required under the advanced exploration permit.
(1) The Department may enter any advanced
				  exploration site, take samples, and conduct tests in order to determine
				  compliance with any provision of this Chapter or other applicable
				  requirements.
(2) The Department
				  may require the submission of quarterly self-inspection reports, signed by a
				  qualified professional, on the advanced exploration activities conducted by the
				  Permittee.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 3 - PERMITS › Section 096-200-3-9 - Application Requirements

Current through 2024-29, July 17, 2024
A.
Pre-Application Meeting
(1) Prior
				  to preparing an application for a mining permit, the Applicant shall meet with
				  the Department for a pre-application meeting and a site visit. The purpose of
				  the pre-application meeting, as set forth in 06-096 C.M.R. ch. 2, is to help
				  the Applicant understand the application process, to exchange information, to
				  discuss the application fee, and to review the proposed metallic mineral mining
				  and reclamation operation, and for the Department to provide direction on the
				  process for preparing an application for a mining permit.
(a) The Applicant shall provide the
				  Department the following information prior to the preapplication meeting:
(i) Identities and contact information of the
				  persons associated with the proposed mine, including landowners, lessees, the
				  Applicant, and other associated persons;
(ii) Location, including a description of
				  town or township, range, section, and depiction of the metallic mineral mining
				  areas and affected area on a diagram;
(iii) A general description of natural
				  features including physical, geographic, hydrologic, biologic, and
				  infrastructure description of the proposed mine and affected area including
				  administrative features such as land use, zoning, surface and mineral
				  ownership, and areas of special environmental designation;
(iv) A description of geologic resources,
				  including:
(A) Geologic map indicating known
				  stratigraphy, structure, and fault systems with appropriate
				  cross-sections;
(B) Narrative of
				  geologic history;
(C) Discussion of
				  the metallic mineral deposit including mineralogic and chemical nature of the
				  ore and waste rock;
(D) Geologic
				  stability of the affected area including regional seismicity, known landslides,
				  and fault systems; and
(E) Unique
				  geologic features;
(v) A
				  description of the target mineral deposit, based on existing exploration
				  data;
(vi) A conceptual advanced
				  exploration plan, if necessary, and a conceptual metallic mineral mining,
				  beneficiation, and reclamation plan;
(vii) A conceptual mine waste and designated
				  chemical materials characterization work plan that meets the requirements of
				  subsection 20(E) of this Chapter; and
(viii) A conceptual baseline characterization
				  work plan that addresses, at a minimum, the requirements of subsection
				  9(C) of this
				  Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 3 - PERMITS › Section 096-200-3-10 - Public and Local Participation

Current through 2024-29, July 17, 2024
A.
Notification and Participation Requirements
. These requirements
				  apply to an application for an advanced exploration activity or mining permit.
				  This section details the notification and participation requirements for the
				  pre-application phase, which includes the baseline work plan and the scoping
				  document for the environmental impact assessment. In addition, the application
				  phase, which includes the advance notice requirements, notice of intent to
				  file, adjudicatory hearing and intervenor grants must meet the requirements of
				  Chapter 2 of the Department Rules and the
Maine Administrative
				  Procedure Act
, 5 M.R.S. chapter 375.
B.
Pre-application Phase - Publication
				  and Notice of Baseline Work Plan.
Prior to the collection of any
				  baseline data, the Applicant shall submit a baseline work plan to the
				  Department. The baseline work plan shall describe methods used for acquiring
				  data, sampling locations, sampling frequency, analytical methods, a timetable
				  for data collection, and a quality assurance (QA) project plan. Upon submittal
				  of a baseline work plan, the Applicant shall provide public notice of the
				  availability of the baseline work plan for public review and comment by
				  publishing notice in at least one newspaper of general circulation in the area
				  where the activity is proposed, and in one newspaper with a circulation area of
				  the entire State of Maine. Following notice of publication of the baseline work
				  plan, there shall be 30 days for public review and comment.
(1) Review and Acceptance of Baseline Work
				  Plan. Within 30 days after the close of the public comment period, after review
				  of the proposed baseline work plan and consideration of comments received, the
				  Department shall either accept the baseline work plan or require revisions to
				  the plan prior to acceptance.
(2)
				  After the baseline work plan has been accepted by the Department, the Applicant
				  shall submit to the Department a proposed amendment if:
(a) Changes in the siting of the proposed
				  activity necessitate an expansion of the study area;
(b) Changes in the scope of the proposed
				  activity necessitate additional studies; or
(c) Any other information is necessary for
				  the Department to evaluate the proposed activity under all applicable permit
				  review criteria.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 3 - PERMITS › Section 096-200-3-13 - Duration of Permit

Current through 2024-29, July 17, 2024
A. If construction
				  and/or operation commences within 4 years after the effective date of a mining
				  permit, a permit granted pursuant to this Chapter continues in effect as long
				  as:
(1) The Commissioner or a court has not
				  issued an order terminating or revoking the permit pursuant to section 32 of
				  this Chapter,
				  38 M.R.S.
				  §342(11-B), and the
Maine Administrative Procedure Act
,
				  5 M.R.S.
				  §10051(1); or
(2) There is a Department approved suspension
				  of mining operations as provided in section 29 of this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 3 - PERMITS › Section 096-200-3-14 - Termination of Permit

Current through 2024-29, July 17, 2024
A.
Requirements
(1) After public
				  notice the Department may terminate or request surrender of a mining permit if
				  the Permittee has not conducted mining activities covered by the mining permit
				  within 4 years after the effective date of the mining permit.
(2) The Permittee may file a written request
				  with the Department for approval of an extension of time to conduct mining
				  activities covered by the mining permit prior to Department ordered termination
				  or surrender of a mining permit. The request must set forth:
(a) The reasons for the delay in the
				  construction of mining facilities or commencement of mining
				  activities;
(b) The date of
				  anticipated construction of mining facilities or commencement of mining
				  activities; and
(c) The factors
				  that will influence the decision for construction of mining facilities or
				  commencement of mining activities.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 3 - PERMITS › Section 096-200-3-16 - Amendment of Permit

Current through 2024-29, July 17, 2024
A mining permit may be amended in accordance with the
					 requirements of this section to address changes in the mining operation,
					 natural or human-made conditions, technology, deficiencies in the reasonable
					 protection of the environment, natural resources or public health and safety,
					 or to correct an oversight.
A.
Requirements
(1) A Permittee may
				  submit to the Department a request to amend a mining permit to address
				  anticipated changes in the mining operation.
(2) The Department may require the Permittee
				  to submit a request to amend a mining permit if the Department determines that
				  the terms and conditions of the mining permit are not providing reasonable
				  protection of the environment, natural resources or public health and
				  safety.
(3) The Permittee shall
				  provide revisions of any of the following that are, or reasonably could be,
				  affected by the proposed amendment:
(a)
				  Environmental impact assessment;
(b) Mine plan;
(c) Contingency plan;
(d) Mining operation plan;
(e) Financial assurance provisions;
(f) Other applicable federal, state, and
				  local permits and licenses that are anticipated to be required; and
(g) Other terms and conditions of the mining
				  permit.
(4) The
				  Permittee shall pay all costs incurred by the Department in processing an
				  application.
(5) The Permittee
				  shall comply with the public notice requirement specified in
				  38 M.R.S.
				  §490-OO(6)(B).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 4 - FINANCIAL ASSURANCE AND INSURANCE › Section 096-200-4-18 - Failure to Maintain Financial Assurance

Current through 2024-29, July 17, 2024
A failure to provide financial assurance in accordance with
					 this Chapter constitutes grounds for the Commissioner to order the immediate
					 suspension of mining activities including, but not limited to, suspending the
					 extraction of metallic product or removal of metallic product from the
					 site.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 5 - STANDARDS FOR ADVANCED EXPLORATION AND MINING › Section 096-200-5-20 - Performance Standards

Current through 2024-29, July 17, 2024
A.
General
				  Requirements.
All mine operations and waste units shall be designed,
				  constructed, operated and maintained during the development, operation,
				  closure, and post-closure maintenance period in a manner that:
(1) Meets the performance requirements for
				  groundwater, surface water, air, soils, or surficial materials established
				  under this Chapter;
(2) Minimizes
				  acid generation, metal leaching, and acid rock drainage within the mining
				  areas;
(3) Provides structural
				  stability;
(4) Protects public
				  health and the environment including all applicable air and water quality
				  standards and criteria;
(5)
				  Otherwise complies with applicable federal, state, county and municipal laws,
				  regulations and ordinances; and
(6)
				  Eliminates the need for perpetual treatment following closure.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 5 - STANDARDS FOR ADVANCED EXPLORATION AND MINING › Section 096-200-5-21 - Mine Waste Unit Design Standards

Current through 2024-29, July 17, 2024
A.
Requirements.
Mine waste units shall be designed to prevent the
				  direct or indirect discharge of pollutants that could reasonably result in a
				  condition of nonattainment or noncompliance with the performance standards of
				  this Chapter.
(1) The design of waste units
				  for the management of Group A mine waste shall provide for a liner system which
				  includes a composite liner. A leachate collection and removal system above the
				  composite liner shall be incorporated into the design. A composite liner shall
				  consist of the following:
(a) A clay or
				  compacted till bottom liner having a permeability of less than or equal to 1 x
				  10-6 cm/sec with a minimum 2-foot thickness;
				  and
(b) A High-Density Polyethylene
				  (HDPE) liner having a minimum thickness of 60 mils.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 5 - STANDARDS FOR ADVANCED EXPLORATION AND MINING › Section 096-200-5-22 - Monitoring and Reporting Requirements

Current through 2024-29, July 17, 2024
A.
				  The Permittee shall conduct monitoring in accordance with this Chapter, the
				  mining permit, and the Act. The Applicant shall prepare an integrated
				  environmental monitoring plan for the site.
(1) The plan detailing how the Applicant
				  proposes to comply with this section must be submitted with the application and
				  will be reviewed and approved by the Department as part of the application. All
				  sample collection and analysis conducted under the monitoring program must
				  specify sampling frequencies, procedures and techniques for sample collection,
				  sample preservation and shipment, sample data sheets, analytical procedures and
				  detection limits, chain-of-custody control, data validation and reporting
				  methods, sampling and analytical quality assurance, quality control procedures,
				  and include a description of sampling locations, a sampling location map, dates
				  of sample collection, and other information determined to be necessary by the
				  Department. The monitoring plan must be prepared by a qualified
				  professional.
(2) Parameters
				  analyzed from any samples at each monitoring point shall be based on the
				  potential threat from the mine, mine waste or designated chemical materials
				  used on the site, the transformation and degradation products of those
				  materials as well as general indicator parameters of contamination associated
				  with a release of those materials.
(3) Baseline conditions specific to each
				  monitoring location and parameter identified in the monitoring plan must be
				  established such that a statistically significant change from baseline
				  conditions indicative of declining water quality, or other evidence of adverse
				  environmental impact may be identified in the compliance monitoring
				  dataset.
(4) All monitoring data
				  shall be submitted to the Department in an electronic format prescribed by the
				  Department.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 5 - STANDARDS FOR ADVANCED EXPLORATION AND MINING › Section 096-200-5-23 - Reclamation

Current through 2024-29, July 17, 2024
Reclamation shall be completed on all mining areas and, if
					 necessary, any affected areas.
A. A
				  Permittee shall commence and complete reclamation of each mining area and, if
				  necessary, any affected areas, consistent with mining permit conditions and the
				  Department-approved plan.
B. Upon
				  written request of a Permittee, the Department may approve with conditions an
				  extension of time to begin or complete final reclamation.
C. To the extent feasible and practicable and
				  considering changes caused by non-mining activities or other natural events,
				  the Permittee shall reclaim the mining areas and affected areas to the
				  ecological conditions that approximate pre-mining conditions.
D. Contemporaneous reclamation of the mining
				  areas must be conducted consistent with the performance standards of this
				  Chapter.
E. Safe ingress and egress
				  must be provided for people and wildlife to water bodies accessible after
				  reclamation.
F. Structures and
				  equipment not required in meeting the approved mine plan must be dismantled and
				  removed from each mining area.
G.
				  The prevailing hydrologic balance of the affected area must be restored to
				  conditions that approximate baseline conditions.
H. To the extent practical and feasible,
				  intermittent and perennial streams diverted during mining activity must be
				  returned to original channels or, if the original channel has been disturbed or
				  destroyed, to a reconstructed channel having grades, pools (substrate,
				  floodplains), and meanders comparable to baseline conditions.
NOTE
: Other or additional standards may apply
					 under the
Natural Resources Protection Act
to a project
					 located in or adjacent to a protected natural resource. For example, a person
					 who conducts, or causes to be conducted, an activity that involves filling,
					 displacing or exposing soil or other earthen materials may need to take
					 measures to prevent unreasonable erosion of soil or sediment beyond the project
					 site or into a protected natural resource as defined in
					 38 M.R.S.
					 §480-B.
I. Surface water and stormwater from each
				  mining area and each affected area must be managed to ensure that:
(1) Erosion and sedimentation control
				  practices are in accordance with the
Maine Erosion and Sediment Control
				  BMPs
;
(2) Water
				  impoundments are removed unless necessary for pollution control or to meet
				  other conditions of the permit; and
(3) Peak stormwater discharge from the area
				  does not exceed baseline conditions.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 5 - STANDARDS FOR ADVANCED EXPLORATION AND MINING › Section 096-200-5-24 - Closure and Post-Closure Maintenance Standards

Current through 2024-29, July 17, 2024
A.
Closure Maintenance Criteria
(1) Performance Standards
(a) The Applicant shall design the closure of
				  the mine to minimize the need for maintenance, and to control the release of
				  mine waste and constituents into the air and the groundwater and surface water,
				  and to ensure protection of public health and safety, and the environment.
				  Closure activities must:
(i) Restore the mine
				  site to approximate pre-mining baseline hydrologic and geologic conditions and
				  ensure that mining wastes will not contaminate ground and surface
				  water;
(ii) Meet performance
				  requirements;
(iii) Comply with
				  design, monitoring, and operating criteria approved in the closure plan for the
				  mine, and each mine waste unit; and
(iv) Comply with the general technical
				  requirements below.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 6 - MINING INSPECTION, RECORDKEEPING AND REPORTING REQUIREMENTS › Section 096-200-6-25 - Inspection and Maintenance

Current through 2024-29, July 17, 2024
The Permittee, using qualified professionals, shall inspect
					 all phases of the mining operation to ensure compliance with the design and
					 construction specifications, standard operating procedures, the mining permit,
					 applicable rules, and the Act. Nothing in this section limits the ability of
					 the Department to conduct inspections in any area of the property or to require
					 corrective actions to address deficiencies identified in the monitoring data or
					 as a result of such inspections. A qualified professional under this section
					 cannot also serve as a third-party independent inspector under section
					 12.
A. A Permittee shall allow all
				  inspections and comply with maintenance and monitoring requirements contained
				  in the permit.
B. Each phase of
				  mine construction, operation, and closure must be inspected by qualified
				  professionals in accordance with the Quality Assurance Plan (QAP) approved by
				  the Department.
(1) For construction of
				  containment structures and impoundments, Construction Quality Assurance (CQA)
				  must include continuous site inspections by the CQA personnel. Inspection,
				  testing, and certification must be done by CQA personnel separate from the
				  Permitee. As determined by the Department, this requirement may also apply to
				  storage piles depending on the nature and extent of the particular storage
				  pile.
(a) For the purposes of this section,
				  separate from the Permittee means CQA personnel are not in the direct
				  employment of the Permittee. Direct employment of the owner/operator does not
				  include CQA personnel employed by a company under a contractual relationship
				  with the owner/operator, provided that the CQA personnel are employed by a
				  company that:
(i) Offers and performs quality
				  assurance services for other companies not affiliated with the owner/operator;
				  and
(ii) Has a management structure
				  that exists and operates separately from the owner/operator, such that CQA
				  personnel are not directly compensated by, and are completely free of any
				  direct reporting obligation to the owner/operator.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 6 - MINING INSPECTION, RECORDKEEPING AND REPORTING REQUIREMENTS › Section 096-200-6-26 - Reporting Requirements

Current through 2024-29, July 17, 2024
A.
Requirements.
A Permittee shall file with the Department an
				  updated mining and reclamation report:
(1) On
				  or before March 15th of each year;
(2) During the period the mine is
				  operating;
(3) During suspension of
				  mining operations; and
(4) During
				  the post-closure monitoring period.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 6 - MINING INSPECTION, RECORDKEEPING AND REPORTING REQUIREMENTS › Section 096-200-6-27 - Notification Requirements

Current through 2024-29, July 17, 2024
A Permittee shall promptly notify the Department and each
					 municipality or county commissioner in the unorganized or deorganized areas of
					 the State in which the mining areas and the affected areas are located of any
					 incident, act of nature or violation of a permit standard or condition related
					 to the mining operation that has created, or may create, a threat to the
					 environment, natural resources, or public health and safety.
A. Notification to an authorized
				  representative of the Department during normal business hours, or to the
				  Department pollution emergency alerting system between 5 p.m. and 8 a.m. and on
				  weekends and holidays shall be made by telephone or in person as soon as
				  possible, and in any case within 2 hours following the incident, act of nature
				  or exceedance.
B. The Permittee
				  shall submit to the Department a detailed written incident report of the
				  incident, act of nature or exceedance within 5 days of discovery, including:
(1) The name of the Permittee;
(2) The name of the person reporting the
				  incident, act of nature, or exceedance;
(3) The date and time of the incident, act of
				  nature, or exceedance;
(4) The
				  nature of the incident, act of nature, or exceedance;
(5) The nature and degree of the threat to
				  the environment, natural resources, or public health or safety; and
(6) Response actions taken or
				  planned.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 6 - MINING INSPECTION, RECORDKEEPING AND REPORTING REQUIREMENTS › Section 096-200-6-28 - Recordkeeping Requirements

Current through 2024-29, July 17, 2024
Records must be retained by the Permittee as
					 follows:
A. All records required
				  pursuant to the Act, Chapter 200 and the mining permit must be preserved by the
				  Permittee for 6 years, or preserved for a longer period of required by the
				  Department.
B. Any retained record
				  must be available to the Department upon request.
C. Records upon which incident reports under
				  section 27 of this
				  Chapter are based must be preserved by the Permittee for 6 years, or until the
				  end of the post-closure monitoring period, whichever is later.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 7 - SUSPENSION OF MINING › Section 096-200-7-29 - Suspension of Mining and Resumption of Mining after Suspension

Current through 2024-29, July 17, 2024
A.
Requirements
(1) Any Permittee requesting a temporary
				  suspension of mining must file a written request for approval of a temporary
				  suspension of mining to the Department at least 30 days prior to suspending
				  mining for a continuous period of 90 days or more. A temporary suspension of
				  mining must be limited to 365 days. Activity that deviates substantially from
				  the approved mine plan may not constitute part of a continuous period of mining
				  for the purposes of this section. The request for a temporary suspension must
				  set forth:
(a) The reasons for the temporary
				  suspension of mining;
(b) The start
				  date and expected duration of the temporary suspension of mining;
(c) The factors that will influence the
				  decision for resumption of mining;
(d) Measures to maintain and monitor the
				  mining areas;
(e) Security measures
				  to be taken during the temporary suspension of mining;
(f) Interim sloping or stabilization of
				  surfaces;
(g) An update to
				  financial assurance;
(h) Interim
				  measures that will be taken during the temporary suspension of mining to comply
				  with its mine plan and mining permit;
(i) Interim measures that will be taken to
				  protect the environment, natural resources, and public health and safety;
				  and
(j) Verification that all
				  required, routine operations will continue during the suspension, including but
				  not limited to, treatment operations, inspections, monitoring, corrective
				  actions (if any), and annual reporting.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 8 - ENFORCEMENT AND COMPLIANCE › Section 096-200-8-30 - Permittee Required to Correct Violations and Deterioration in Site Conditions

Current through 2024-29, July 17, 2024
The Commissioner may order a Permittee to correct a
					 violation of the Act, this Chapter, an order of the Department, or a mining
					 permit.
A.
Corrective Action
				  Plan.
The Permittee shall develop and submit a corrective action plan on
				  a schedule determined by the Department.
(1)
				  This plan shall, at a minimum:
(a) Be
				  protective of public health and environment;
(b) Propose a remedy to control the sources
				  of releases and ensure compliance with the performance requirements throughout
				  operation, reclamation, closure, and post-closure maintenance;
(c) Propose a schedule for implementing
				  corrective action;
(d) Provide a
				  detailed cost estimate for corrective action activities; and
(e) Provide financial assurance for
				  corrective action costs pursuant to section 9(I) and 17 of this
				  Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 8 - ENFORCEMENT AND COMPLIANCE › Section 096-200-8-31 - Imminent Endangerment

Current through 2024-29, July 17, 2024
If the Commissioner determines that a violation is causing
					 or resulting in an imminent and substantial endangerment to the public health
					 and safety, the environment, or natural resources, the Department may take
					 action necessary to abate or eliminate the endangerment, including one or more
					 of the following:
A. Taking action to
				  suspend or revoke the mining permit as authorized by the Act,
				  38 M.R.S.
				  §342 (11-B) and the
Maine Administrative Procedure Act
;
B. Recommend to the Board pursuant to
				  38 M.R.S.
				  §342(11-C) that the
				  Board modify or take corrective action on the permit pursuant to
				  38 M.R.S.
				  §341-D(3).
C. Issuing an order to the Permittee
				  requiring immediate suspension of mining activities;
D. Issuing an order prohibiting the removal
				  of metallic product from the site;
E. Ordering the Permittee to undertake such
				  other response actions as may be necessary to abate or eliminate the
				  endangerment;
F. Issuing an
				  emergency order as authorized by
				  38 M.R.S.
				  §347-A(3);
G. Notifying municipal officers and county
				  commissioners or their designees, from each municipality and county in which
				  the mining areas and affected areas may be located;
H. Notifying the public through publication
				  of the action in a newspaper of general circulation in the area; and
I. Refer the violation to the Attorney
				  General for civil or criminal prosecution pursuant to
				  38 M.R.S.
				  §§347-A or
				  348.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 8 - ENFORCEMENT AND COMPLIANCE › Section 096-200-8-32 - Effect of Revocation of a Mining Permit or Suspension of Mining Activities

Current through 2024-29, July 17, 2024
A. The revocation
				  of a mining permit by the Commissioner or a court, or the suspension of mining
				  activities by the Department does not relieve the Permittee from its
				  responsibilities to continue the following actions as directed by the
				  Department or a court:
(1) Complete all
				  reclamation, closure, post-closure maintenance and monitoring, and corrective
				  actions;
(2) Maintain financial
				  assurance under
				  38 M.R.S.
				  §490-RR and this Chapter; and
(3) Undertake all appropriate measures to
				  protect the environment, natural resources, and public health and
				  safety.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 8 - ENFORCEMENT AND COMPLIANCE › Section 096-200-8-33 - Enforcement and Compliance Orders Issued Under this Chapter

Current through 2024-29, July 17, 2024
A. Any enforcement or compliance order issued
				  under this Chapter, except an emergency order as authorized by
				  38 M.R.S.
				  §347-A(3) and for which
				  the procedure is set forth in that section, shall be governed by this section.
NOTE: This section does not apply to license orders of the
					 Commissioner, which may be appealed as set forth in
					 38 M.R.S.
					 §§
												344(2-A) and
					 346 and 06-096 C.M.R. ch. 2,
					 §24.
B. Any order
				  issued under this Chapter must contain findings of fact. Service of a copy of
				  the Commissioner's order must be made by the Sheriff or Deputy Sheriff or by
				  hand delivery by an authorized representative of the Department in accordance
				  with the Maine Rules of Civil Procedure. The person to whom the order is
				  directed shall comply immediately.
C. A person to whom such an order is directed
				  may apply to the Board for a hearing on the order if the application is made
				  within 7 working days after receipt of the order by the person to whom the
				  order was directed. Within 14 working days after receipt of the application,
				  the Board shall hold a hearing, make findings of fact and vote on a decision
				  that continues, revokes or modifies the order. That decision must be in writing
				  and signed by the Board Chair using any means for signature authorized in the
				  Department's rules and published within 2 working days after the hearing and
				  vote. The nature of the hearing is an appeal. At the hearing, all witnesses
				  must be sworn and the Commissioner shall first establish the basis for the
				  order and for naming the person to whom the order was directed. The burden of
				  going forward then shifts to the person appealing to demonstrate based upon a
				  preponderance of the evidence, that the order should be modified or rescinded.
				  The decision of the Board may be appealed to the Superior Court in accordance
				  with 38
				  M.R.S. §346 and Title 5, chapter 375,
				  subchapter 7.
NOTE: A person to whom an order is directed also may appeal
					 directly to the Superior Court pursuant to
					 38 M.R.S.
					 §346(1) and Title 5,
					 chapter 375, subchapter 7.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 9 - EXCLUDED ACTIVITIES › Section 096-200-9-34 - General provisions

Current through 2024-29, July 17, 2024
Physical extraction, crushing, grinding, physical sorting
					 or storage of metallic minerals is excluded from the requirements of this
					 Chapter if the Department makes an affirmative determination on an exclusion
					 application submitted pursuant to Section 38 below, following the mandatory
					 preapplication process and other provisions of this Subchapter. The Department
					 may not accept or approve a preapplication filing or an application for an
					 exclusion determination under this Subchapter for an exclusion area containing
					 a deposit already known by the Department to have the potential to create acid
					 rock drainage, such as a massive sulfide deposit. Activities excluded by a
					 determination on an exclusion application pursuant to Section 38 of this
					 Subchapter must be regulated under and comply with all applicable requirements
					 of Title 38, Chapter 3, Article 6, Title 38, Chapter 3, Article 7, Title 38,
					 Chapter 3, Article 8-A, or Title 12, Chapter 206-A.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 9 - EXCLUDED ACTIVITIES › Section 096-200-9-35 - General submission provisions

Current through 2024-29, July 17, 2024
A person requesting a determination by the Department under
					 this Subchapter that physical extraction, crushing, grinding, physical sorting
					 or storage of metallic minerals be excluded from the requirements of this
					 Chapter must submit the information described in Sections 36 through 38 below,
					 or as requested by the Department at any time during the preapplication period
					 pursuant to Sections 36 and 37 or during the processing of an exclusion
					 application pursuant to Section 38 of this Subchapter. The information
					 submitted must, at a minimum, be sufficient to demonstrate to the Department's
					 satisfaction that all criteria set forth in Section 39 and all other
					 requirements of this Subchapter, including the pre-application requirements in
					 Sections 36 and 37 below, are satisfied.