reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Oil and Gas Operations › Part 14 - HIGH VOLUME HYDRAULIC FRACTURING › Section R. 324.1404 - Ground water baseline sampling for high volume hydraulic fracturing

Current through Vol. 24-12, July 15, 2024
Rule 1404.
(1) A
				  permit applicant or permittee of an oil and gas well for which high volume
				  hydraulic fracturing is proposed shall collect baseline samples from all
				  available water sources, up to a maximum of 10, within a 1/4- mile radius of
				  the well location. All of the following apply:
(a) If more than 10 available water sources
				  are present within a 1/4- mile radius of the proposed well location, the permit
				  applicant or permittee shall select 10 sampling locations based on the
				  following criteria:
(i) Available water
				  sources closest to the proposed well location are preferred.
(ii) To the extent groundwater flow direction
				  is known or reasonably can be inferred, sample locations from both down
				  gradient and up-gradient are preferred over cross-gradient locations. Where
				  groundwater flow direction is uncertain, sample locations should be chosen in a
				  radial pattern from a well.
(iii)
				  Where multiple defined aquifers are present, sampling the deepest and
				  shallowest identified aquifers is preferred.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Oil and Gas Operations › Part 14 - HIGH VOLUME HYDRAULIC FRACTURING › Section R. 324.1405 - High volume hydraulic fracturing well completion operations; notification, monitoring, reporting, and fluid containment requirements

Current through Vol. 24-12, July 15, 2024
Rule 1405.
(1) A
				  permittee shall notify the supervisor or authorized representative of the
				  supervisor a minimum of 48 hours prior to the commencement of a high volume
				  hydraulic fracturing completion. If the well is an H2S well as defined in R
				  324.1101, a permittee shall also notify the local emergency preparedness
				  coordinator a minimum of 48 hours before the commencement of a high volume
				  hydraulic fracturing completion.
(2) During high volume hydraulic fracturing
				  operations, the permittee shall monitor and record the injection pressure at
				  the surface and the annulus pressure between the injection string and the next
				  string of casing unless the annulus is cemented to surface. If intermediate
				  casing has been set on the well to be stimulated, the pressure in the annulus
				  between the intermediate casing and the production casing shall also be
				  monitored and recorded. The permittee shall do both of the following:
(a) Submit a continuous record of the annulus
				  pressure during the well stimulation within 60 days of completing hydraulic
				  fracturing operations.
(b) If
				  during the hydraulic fracturing operation the injection pressures or annulus
				  pressures, or both, indicate a lack of well integrity, immediately cease
				  hydraulic fracturing operations and notify the supervisor or authorized
				  representative of the supervisor. The permittee of the well shall submit to the
				  supervisor or authorized representative of the supervisor the plan of action
				  the permittee intends to take before continuing hydraulic fracturing operations
				  on the well. The permittee of the well shall not continue hydraulic fracturing
				  in the well until the supervisor or authorized representative of the supervisor
				  approves implementation of the plan of action. The supervisor or authorized
				  representative of the supervisor may require suitable mechanical integrity
				  tests of the casing or the casing tubing annulus or cement bond logs, or both.
				  The permittee shall submit a report containing all details pertaining to the
				  incident, including corrective actions taken, within 60 days of completing
				  hydraulic fracturing operations.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Oil and Gas Operations › Part 14 - HIGH VOLUME HYDRAULIC FRACTURING › Section R. 324.1406 - Disclosure of hydraulic fracturing fluid chemical additives

Current through Vol. 24-12, July 15, 2024
Rule 1406.
(1) A
				  permittee shall submit information on chemical additives used in a high volume
				  hydraulic fracturing operation using the internet-based Frac Focus Chemical
				  Disclosure Registry that is maintained by the Ground Water Protection Council
				  and the Interstate Oil and Gas Compact Commission and is accessed at
http://fracfocus.org
. If the
				  FracFocus Chemical Disclosure Registry is no longer maintained or available,
				  the permittee shall submit the information on a form prescribed by the
				  supervisor or by any other means approved by the supervisor. A permittee shall
				  submit the information within 30 days after completion of a high volume
				  hydraulic fracturing operation. A contractor or supplier performing a high
				  volume hydraulic fracturing operation for a permittee or providing supplies for
				  a high volume hydraulic fracturing operation shall timely provide to the
				  permittee the information required for the permittee to comply with this rule.
				  The information shall include the following:
(a) A list of all chemical additives used
				  during the treatment specified by general type, such as acids, biocides,
				  breakers, corrosion inhibitors, cross-linkers, demulsifiers, friction reducers,
				  gels, iron controls, oxygen scavengers, pH adjusting agents, scale inhibitors,
				  and surfactants.
(b) The specific
				  trade name and supplier of each chemical additive.
(c) A list showing the specific identity of
				  each chemical constituent intentionally added to the primary carrier fluid and
				  its associated CAS number, except that the specific identities and CAS numbers
				  of trade secret chemicals may be withheld under subrule (2) of this
				  rule.
(d) The maximum concentration
				  of each chemical constituent listed expressed as a percent by mass of the total
				  volume of hydraulic fracturing fluids utilized.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.1 - Purpose; other laws neither superseded nor contravened

Current through Vol. 24-12, July 15, 2024
Rule 1. These rules implement the act and do not supersede
					 or contravene any provisions of law regarding the inspection or regulation of
					 mining, water and air pollution, soil erosion and sedimentation, or water
					 impoundments.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.2 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1)
				  "Abandoned" or "abandonment" means termination of mining operations, or
				  cessation of use of the mining area or any portion thereof, with intent not to
				  resume.
(2) "Act" means Act No. 92
				  of the Public Acts of 1970, as amended, being §425.181 et seq. of the
				  Michigan Compiled Laws. Terms defined in the act have the same meaning when
				  used in these rules.
(3)
				  "Environment plan" means an operator's written proposal for reclamation of the
				  mining area or portion thereof.
(4)
				  "Lean ore" means a mineral which is not recoverable under existing economic
				  conditions or technology.
(5)
				  "Reclamation" means that reconditioning or rehabilitation of the mining area or
				  portions thereof for useful purposes and the protection of the natural
				  resources, including the control of erosion and the prevention of land or rock
				  slides and air and water pollution.
(6) "Reclamation plan" means an environment
				  plan that is approved by the supervisor.
(7) "Surface overburden" means earth
				  materials, including sand, gravel, and clay, lying above bedrock.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.3 - Exploration

Current through Vol. 24-12, July 15, 2024
Rule 3. Removal of overburden and extraction of limited
					 amounts of materials is not open-pit mining when done only for the purpose of
					 exploration and to the extent necessary to determine the location, quantity, or
					 quality of a mineral deposit. If the disturbed land does not become a part of a
					 mining operation within 2 years, the operator shall grade and revegetate within
					 practical limitations and in a manner acceptable to the
					 supervisor.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.4 - Notice of removal of materials

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) An
				  operator proposing to remove materials in connection with the production or
				  extraction of minerals by open-pit mining methods shall submit written notice
				  to the supervisor as follows:
(a) At least 30
				  days prior to the commencement of mining within a new mining area.
(b) Within 30 days of a change of ownership
				  in an ongoing operation.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.5 - Annual plan map

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) An
				  accurate plan map on a topographic base, with an appropriate scale as approved
				  by the supervisor, shall be submitted in duplicate to the supervisor annually
				  on or before March 15.
(2) The map
				  shall show the following as of December 31 of the previous year, or as near to
				  December 31 of the previous year as operations permit, color-coded and with
				  legend, so as to distinguish:
(a) Location and
				  boundary of the mining area.
(b)
				  Mine plant or plants.
(c) Open pit
				  or pits.
(d) Surface overburden
				  stockpiles.
(e) Waste rock
				  stockpiles.
(f) Lean ore
				  stockpiles.
(g) Streams, lakes, and
				  reservoirs.
(h) Tailings
				  basins.
(i) Roads.
(j) Sequential numbers or letters or other
				  method, as approved by the supervisor, permanently assigned to portions of the
				  mining area which have been abandoned prior to abandonment of the total mining
				  operation.
(k) Changes in the
				  mining area during the preceding year, indicated by vertical (north-south)
				  crosshatching or other method as approved by the supervisor.
(l) Anticipated changes in the mining area
				  during the current year, indicated by horizontal (east-west) crosshatching or
				  other method as approved by the supervisor.
(m) Elevations of stockpiles and tailings
				  basins.
(n) Drainage on and away
				  from the mining area, showing directional flow of water in drainage ways,
				  natural watercourses, and streams, intermittent and flowing, including
				  discharge from the mining operation.
(o) Name of the geologist, engineer, or
				  surveyor responsible for the preparation of the map.
(p) Date of preparation.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.6 - Notice of abandonment; evidence of continuing use

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) An
				  operator shall submit written notice to the supervisor within 6 months of the
				  abandonment of the mining area or any portion thereof.
(2) When activities on or use of the mining
				  area, or any portion thereof, have ceased for more than 1 year, or when, by
				  examination of the premises or other means, the supervisor determines that the
				  mining area or any portion thereof has in fact been abandoned by an operator,
				  the supervisor shall give the operator written notice of his intention to
				  declare the mining area or portion thereof abandoned. Determinations by the
				  supervisor shall be made on sound mining practices.
(3) Within 30 days following receipt of the
				  notice, the operator shall have an opportunity to submit evidence that the use
				  of the mining area or portion thereof is continuing. If the supervisor finds
				  the evidence satisfactory, he shall not make the declaration.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.7 - Report of reclamation activities; statement; accompanying data

Current through Vol. 24-12, July 15, 2024
Rule 7. Within 30 days after abandonment of the mining area
					 or any portion thereof, and annually thereafter on or before March 15 until the
					 reclamation is completed and approved by the supervisor, an operator shall
					 submit to the supervisor a detailed report of reclamation activities, completed
					 during the preceding year, and a statement of the amount and nature of
					 reclamation to be performed during the current year. The report shall be
					 accompanied by maps and any other data which clearly demonstrate the progress
					 and success of reclamation activities.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.8 - Environment plan

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) Upon
				  request of the supervisor, an operator shall submit his long-range environment
				  plan for the mining area.
(2) An
				  operator, on his own initiative, may submit an environment plan covering the
				  mining area or any portion thereof to the supervisor at any time prior to
				  abandonment.
(3) An environment
				  plan shall include the following:
(a) A
				  detailed description of the mining area.
(b) The reclamation problems
				  involved.
(c) The operator's plan
				  of action to prevent erosion and pollution, to attain revegetation, and to
				  achieve the ultimate reclamation of the mining area in accordance with the
				  purposes and requirements of the act and the rules adopted
				  thereunder.
(d) An estimate time
				  schedule for completion of the plan, and the proposed purpose for which the
				  land is to be used upon completion.
(e) Estimated cost of reclamation.
(f) Other pertinent information that the
				  supervisor may deem necessary.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.9 - Evaluation of environment plan

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) Upon
				  receipt of an environment plan, the supervisor shall evaluate it in terms of
				  the reclamation required by the act. The supervisor may consult with and obtain
				  assistance of other divisions of the department in the evaluation process. The
				  supervisor may reject a plan or any part thereof, and shall give reasons in
				  writing, together with recommendations for modification of a plan to meet his
				  objections, if the reclamation specified by a plan does not conform to the
				  requirements of the act and these rules, or if, in the opinion of the
				  supervisor, it is not feasible or is otherwise undesirable because of the
				  following:
(a) Erosion is likely to occur in
				  the sloping, terracing, or other treatment of stockpiles and tailings basins,
				  which may result in injury or damage to fish and wildlife or the pollution of
				  public waters or which may cause injury to the property or person of
				  others.
(b) Vegetation or other
				  practical treatment of tailings basins and stockpiles, upon becoming
				  permanently inactive, is not satisfactory.
(c) The surface overburden banks of open pits
				  in rock, and the entire bank of open pits in unconsolidated materials, upon
				  their abandonment will not be stabilized.
(d) The cleanup of plantsite and mining
				  areas, and the removal of debris therefrom on termination of the mining
				  operation, will not be satisfactory.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.10 - Conducting reclamation activities concurrently with mining operations

Current through Vol. 24-12, July 15, 2024
Rule 10. Reclamation activities, particularly those
					 relating to control of erosion and air and water pollution, to the extent
					 feasible, shall be conducted by the operator concurrently with the mining
					 operation, and in any event shall be initiated at the earliest possible time
					 after abandonment of any portion of the mining area.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.11 - Reclamation upon termination or abandonment

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) An
				  operator shall remove all worthless debris and rubbish from the plantsite and
				  mining area within 1 year of the date of termination of operations or
				  abandonment of the property.
(2) A
				  mining area shall be reclaimed by an operator pursuant to the act, these rules,
				  and the reclamation plan within 2 years after abandonment or within the time
				  set forth in the operator's reclamation plan approved by the
				  supervisor.
(3) Upon written
				  request of an operator, the supervisor may grant an extension of the
				  reclamation period if necessary to accomplish acceptable reclamation.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.12 - Notice and approval of completed reclamation

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) An
				  operator shall submit written notice to the supervisor upon completion of
				  reclamation work on the mining area or portions thereof.
(2) The supervisor shall proceed promptly to
				  make his determination as to the approval of the reclamation work and shall
				  notify the operator in writing of either the approval of the work or all
				  reasons for disapproval. The supervisor may consult with and obtain the
				  assistance of other divisions of the department in making his
				  determinations.
(3) Approval of
				  vegetative cover shall not be granted until the planting has survived at least
				  2 growing seasons with reasonable assurances of being
				  self-sustaining.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.15 - Surety or security bond

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) The
				  supervisor, if he has reasonable doubts as to an operator's financial ability
				  to comply with the rules as to actions to be taken after completion of mining
				  operations, or any phase thereof, may require an operator to file a surety bond
				  in an amount equal to the expected cost of reclamation for each acre, or
				  fraction thereof, of the area subjected to mining.
(2) In determining the amount of the surety
				  bond or security bond the supervisor shall take into consideration the
				  character and nature of the lands to be reclaimed, the future suitable use of
				  the land involved, and the cost of the reclamation to be required.
(3) A security bond in the amount equal to
				  the required surety bond may be deposited in lieu of a surety bond. A security
				  bond shall consist of cash or negotiable securities and shall be deposited with
				  the department of treasury. The securities shall be registered in the name of
				  the state treasurer, who shall charge a fee sufficient to reimburse him for not
				  less than actual and necessary expenses incurred in connection with the
				  deposits.
(4) The supervisor shall
				  have reasonable doubts as to an operator's financial ability to comply with the
				  rules as to actions to be taken after completion of mining operation or any
				  phase thereof when, upon the request of the supervisor, the operator cannot
				  demonstrate that he has the financial ability to perform the reclamation as
				  required by the act and rules.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 1 - GENERAL PROVISIONS › Section R. 425.16 - Liability on surety or security bond

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1)
				  Liability on a surety bond or security bond is conditioned upon compliance with
				  the act and these rules, and continues until the mining area reclamation is
				  completed and approved by the supervisor.
(2) The supervisor shall advise the surety
				  and the principal when liability is terminated on a bond filed for the portion
				  or the whole of the mining area reclaimed. A security bond deposited with the
				  state treasurer shall be released only upon written direction of the
				  supervisor.
(3) The supervisor
				  shall look to the surety or the security bond for correction of unsatisfactory
				  conditions not otherwise corrected, and all expenses shall be paid through the
				  surety or security bond in case of default by the principal.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 2 - RECLAMATION OF OPEN PITS › Section R. 425.21 - Stockpiling of surface overburden

Current through Vol. 24-12, July 15, 2024
Rule 21. Unless otherwise authorized by the supervisor,
					 surface overburden removed in the development of an open pit shall be
					 stockpiled separately from other materials.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 2 - RECLAMATION OF OPEN PITS › Section R. 425.22 - Surface overburden banks

Current through Vol. 24-12, July 15, 2024
Rule 22. Surface overburden banks shall be sloped at an
					 angle which will minimize erosion, promote vegetation, and be consistent with a
					 proposed use of the area. The bank, or that portion above the projected level
					 of a body of water formed in the open pit, shall be stabilized by the planting
					 of a vegetative cover appropriate to a future use of the
					 land.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 2 - RECLAMATION OF OPEN PITS › Section R. 425.23 - Rock banks

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) Pit
				  banks in rock shall not have a prescribed angle of slope, but precautions shall
				  be taken to provide adequate safety.
(2) Where, upon termination of mining
				  operations, a body of water of sufficient area and depth results which is used
				  for residential, recreation, or wildlife purposes, if natural conditions do not
				  exist, portions of the solid rock bank shall be stepped or other measures taken
				  to permit a person to escape from the water.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 2 - RECLAMATION OF OPEN PITS › Section R. 425.24 - Sloping and grading within open pit

Current through Vol. 24-12, July 15, 2024
Rule 24. Unless it is anticipated that an open pit will be
					 flooded after abandonment, any waste rock or residual materials within the pit
					 shall be sloped and graded so as to promote regeneration of
					 vegetation.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 2 - RECLAMATION OF OPEN PITS › Section R. 425.25 - Backfilling of pit; approval of sanitary landfill

Current through Vol. 24-12, July 15, 2024
Rule 25. Backfilling of a pit is not required, but any
					 backfilling shall be with nontoxic, nonflammable, noncombustible solids, unless
					 approved for a sanitary landfill. Plans for use as a sanitary landfill shall be
					 accompanied by written approval of the appropriate state
					 agency.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 3 - RECLAMATION OF STOCKPILES › Section R. 425.31 - Top surface of stockpile

Current through Vol. 24-12, July 15, 2024
Rule 31. The top surface of a stockpile shall be reduced to
					 a topography which provides proper drainage and favorable conditions for
					 revegetation, minimizes erosion, and is consistent with a future sequential use
					 of the mining area.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 3 - RECLAMATION OF STOCKPILES › Section R. 425.32 - Surface overburden stockpiles

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1)
				  Surface overburden stockpiles shall be sloped at an angle which minimizes
				  erosion, promotes vegetation, and is consistent with a future use of the mining
				  area.
(2) Where substantial natural
				  vegetation is not expected within 5 years, or where erosion is occurring, or
				  where the supervisor finds erosion likely to occur, which results or may result
				  in injury or damage to fish and wildlife, the pollution of air or water, or
				  which is causing or might cause injury to the property or person of others,
				  surface overburden stockpiles shall be stabilized by planting with a vegetative
				  cover, or by other treatment, to prevent erosion or pollution or
				  injury.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 3 - RECLAMATION OF STOCKPILES › Section R. 425.33 - Rock or lean ore stockpiles

Current through Vol. 24-12, July 15, 2024
Rule 33.
(1) Rock
				  or lean ore stockpiles shall be sloped at an angle to minimize the possibility
				  of land or rock slides and to be consistent with a future use of the mining
				  area.
(2) Unless otherwise
				  authorized by the supervisor, waste rock stockpiles shall be covered with
				  surface overburden sufficient to provide for vegetation, particularly on the
				  slopes or surfaces visible from public roads.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 3 - RECLAMATION OF STOCKPILES › Section R. 425.34 - Stockpiles erosion, or sliding

Current through Vol. 24-12, July 15, 2024
Rule 34. Where a stockpile is eroding or sliding and
					 resulting in injury or damage, or the operator has reason to believe that
					 erosion or sliding may result in injury or damage to fish and wildlife, the
					 pollution of public waters, injury to persons or damage to adjacent property
					 not intended for use in mining, or where the supervisor finds that injury or
					 damage is likely to occur, the operator shall take immediate steps, such as
					 grading, sloping, removal, or other stabilization, to correct the
					 condition.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 3 - RECLAMATION OF STOCKPILES › Section R. 425.35 - Acid-forming, toxic, flammable, or combustible material

Current through Vol. 24-12, July 15, 2024
Rule 35. All acid-forming, toxic, flammable, or combustible
					 material from the mining process shall be stockpiled so as to minimize erosion
					 by air and water and to prevent pollution of the air and surface and ground
					 water. Preventive measures required by the supervisor may include covering the
					 piles with clean fill or mixing with them a material that is not acid-forming,
					 toxic, flammable, or combustible and graded so that surface water drains away
					 from disposal area.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 4 - RECLAMATION OF TAILINGS BASINS AND AUXILIARY LANDS › Section R. 425.41 - Tailings basin dikes

Current through Vol. 24-12, July 15, 2024
Rule 41.
(1)
				  Before a person constructs a dike or dam for a tailings basin, including an
				  impoundment of water for clarification or reuse, that person shall determine
				  whether Act No. 184 of the Public Acts of 1963, as amended, being §281.131
				  et seq. of the Michigan Compiled Laws, or Act No. 346 of the Public Acts of
				  1972, being §281.951 et seq. of the Michigan Compiled Laws, is
				  applicable.
(2) If not constructed
				  of concrete, asphalt, or a similar material, a dike or dam of a tailings basin,
				  including an impoundment of water for clarification or reuse, shall be
				  constructed so that the outer face is capable of being stabilized by vegetation
				  or other treatment to the satisfaction of the supervisor.
(3) Where erosion of a dike of a tailings
				  basin, including an impoundment of water for clarification or reuse, is
				  occurring, or is likely to occur, and where that erosion results or may result
				  in loss of the confined tailings, injury or damage to fish or wildlife, the
				  pollution of air or water, or which might cause injury to the property or
				  person of others, the dike shall be repaired. Earthen dikes shall be stabilized
				  by planting with a vegetative cover or by other treatment to the satisfaction
				  of the supervisor.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 4 - RECLAMATION OF TAILINGS BASINS AND AUXILIARY LANDS › Section R. 425.42 - Tailings basin drainage system

Current through Vol. 24-12, July 15, 2024
Rule 42. A suitable system shall be constructed to regulate
					 or control drainage of water, including surface run-off, from within the diked
					 area of a tailings basin to prevent breaching of the dikes, both during and
					 after termination of the mining operation. The system may consist of, but is
					 not limited to, decant towers, erosion-resistant spillways, or solid rock ledge
					 overflow.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 4 - RECLAMATION OF TAILINGS BASINS AND AUXILIARY LANDS › Section R. 425.43 - Stacked tailings

Current through Vol. 24-12, July 15, 2024
Rule 43. Stacked tailings within a tailings basin shall be
					 reduced to a slope which will permit effective vegetation or other treatment
					 for the control of erosion.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 4 - RECLAMATION OF TAILINGS BASINS AND AUXILIARY LANDS › Section R. 425.44 - Stabilization of tailings basin

Current through Vol. 24-12, July 15, 2024
Rule 44.
(1) Where
				  substantial natural vegetation is not expected within 5 years after
				  abandonment, and where research reveals that vegetation can be accomplished
				  within practical limitations, that portion of a tailings basin not covered by
				  water shall be planted with a vegetative cover appropriate to a future use of
				  the land and to prevent air and water erosion and pollution. Vegetation which
				  has potential for providing a rapid, permanent, adequate, economical cover
				  shall be given priority.
(2) Where
				  vegetation reasonably cannot be accomplished within practical limitations, the
				  tailings basin shall be stabilized by other treatment to prevent air and water
				  erosion and pollution.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 4 - RECLAMATION OF TAILINGS BASINS AND AUXILIARY LANDS › Section R. 425.45 - Dike protection

Current through Vol. 24-12, July 15, 2024
Rule 45. If a substantial area and depth of water are to
					 remain within a diked area of a tailings basin after abandonment, that portion
					 of the inner face of the dike which might be subject to erosion by wave action
					 shall be protected by riprap or other erosion-resistant solid
					 cover.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 4 - RECLAMATION OF TAILINGS BASINS AND AUXILIARY LANDS › Section R. 425.46 - Borrow pits

Current through Vol. 24-12, July 15, 2024
Rule 46.
(1) The
				  banks of borrow pits in the mining area used for dike or other construction,
				  and located outside the tailings basin, shall be sloped at an angle which will
				  minimize erosion and promote vegetation.
(2) Where substantial natural vegetation is
				  not expected within 5 years, or where erosion is occurring, or the supervisor
				  finds it likely to occur, which results or may result in injury or damage to
				  fish and wildlife or the pollution of air or water, the pit shall be planted
				  with a vegetative cover appropriate to a future use of the land and to prevent
				  erosion.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 4 - RECLAMATION OF TAILINGS BASINS AND AUXILIARY LANDS › Section R. 425.47 - Abandoned roads

Current through Vol. 24-12, July 15, 2024
Rule 47. Abandoned roads in the mining area, upon
					 termination of the mining operation, shall be graded or otherwise prepared to
					 minimize erosion and to promote vegetation. If necessary, abandoned roads shall
					 be stabilized by the planting of an appropriate vegetative
					 cover.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 4 - RECLAMATION OF TAILINGS BASINS AND AUXILIARY LANDS › Section R. 425.48 - Investigation and inspection of mining areas

Current through Vol. 24-12, July 15, 2024
Rule 48. Investigation and inspection of mining areas by
					 the supervisor or his authorized representative may include, but not be limited
					 to:
(a) Inspection of all mining
				  areas.
(b) Taking
				  photographs.
(c) Taking and removal
				  of soil and plant samples.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mine Reclamation › Part 4 - RECLAMATION OF TAILINGS BASINS AND AUXILIARY LANDS › Section R. 425.49 - Hearings and judicial review

Current through Vol. 24-12, July 15, 2024
Rule 49.
(1) An
				  interested person who feels aggrieved by an action or inaction of the
				  supervisor may request a contested hearing on the matter involved. Also, the
				  supervisor on his own motion may commence a hearing for the purpose of
				  receiving information before issuing an order. The hearing shall be conducted
				  by the supervisor in accordance with provisions for contested cases in Act No.
				  306 of the Public Acts of 1969, as amended, being §24.201 et seq. of the
				  Michigan Compiled Laws.
(2) A
				  determination, action, or inaction by the supervisor following the hearing
				  shall be subject to judicial review as provided in Act No. 306 of the Public
				  Acts of 1969, as amended.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 1 - GENERAL PROVISIONS › Section R. 425.101 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 101. These rules implement the act, and regulate the
					 construction, operation, closure, postclosure monitoring, reclamation, and
					 remediation of nonferrous metallic mineral mines in the state of Michigan.
					 These rules do not regulate the extraction of metallic minerals by in
					 situleaching when regulated under part 625 of the act.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 1 - GENERAL PROVISIONS › Section R. 425.103 - Definitions; M to Z

Current through Vol. 24-12, July 15, 2024
Rule 103.
(1) As
				  used in these rules:
(a) "Mining activity"
				  means any of the following activities for the purpose of, or associated with,
				  mining:
(i) Clearing of land.
(ii) Drilling and blasting.
(iii) Excavation of earth materials to access
				  or remove ore.
(iv)
				  Beneficiation.
(v)
				  Reclamation.
(vi) Transportation of
				  overburden, waste rock, ore, and tailings.
(vii) Storage, relocation, and disposal of
				  overburden, waste rock, ore, and tailings within a mining area, including
				  backfilling of mined areas.
(viii)
				  Storage and transportation of chemical reagents.
(ix) Construction of water impoundment and
				  drainage features.
(x) Construction
				  of haul roads.
(xi) Construction of
				  utilities or extension of existing utilities.
(xii) Withdrawal, transportation, and
				  discharge of water.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 2 - PERMITS › Section R. 425.201 - Permits

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1) An
				  operator shall not begin mining activities without first obtaining a mining
				  permit from the department. A person requesting a mining permit shall submit
				  all of the following to the department:
(a) A
				  permit application on forms prescribed by the department, signed by the
				  operator or an authorized representative of the operator.
(b) A permit application fee as prescribed in
				  part 632 of the act.
(c) An
				  environmental impact assessment.
(d) A mining, reclamation, and environmental
				  protection plan.
(e) A contingency
				  plan.
(f) A description of the type
				  or types and amount of financial assurance to be provided that will satisfy the
				  requirements of R 425.301.
(g) A
				  list of all other applicable permits and licenses that are anticipated to be
				  required.
(h) An organization
				  report on a form prescribed by the department.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 2 - PERMITS › Section R. 425.202 - Environmental impact assessment

Current through Vol. 24-12, July 15, 2024
Rule 202.
(1) The
				  environmental impact assessment required under R 425.201(1)(c) shall include,
				  but is not limited to, the following:
(a) For
				  each of the conditions and features listed in subrule (2) of this rule:
(i) An identification and description of the
				  condition or feature as it currently exists within the mining area and the
				  affected area.
(ii) An
				  identification of the proposed mining activities that may impact the condition
				  or feature, and the process or mechanism through which the impact may
				  occur.
(iii) An analysis of the
				  potential impacts of proposed mining activities on the condition or feature
				  and, where applicable, the effects of the condition or feature on the proposed
				  mining activities.
(iv) A reference
				  to the measures proposed to be taken under the mining, reclamation, and
				  environmental protection plan to reduce or mitigate the potential impacts, and
				  the predicted effects of those measures. If the measures are not required under
				  part 632 of the act, then the environmental impact assessment shall identify
				  other statutes or regulations, if any, under which the measures are
				  required.
(v) A map or maps and
				  appropriate photographs, with any necessary explanatory documents or notations,
				  showing the affected area for the condition or feature, and a description of
				  the basis for determining the affected area.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 2 - PERMITS › Section R. 425.204 - Reclamation Plan

Current through Vol. 24-12, July 15, 2024
Rule 204. The mining, reclamation, and environmental
					 protection plan required under R 425.201(1)(d) shall contain a plan for the
					 proposed final reclamation operations, including the anticipated schedule,
					 sequence, and duration of reclamation. The plan shall include information that
					 demonstrates that all methods, materials, and techniques proposed to be used
					 are capable of accomplishing their stated objectives in protecting the
					 environment and public health, except that such information may not be required
					 for methods, materials, and techniques that are widely used in mining or other
					 industries and are generally accepted as effective. The required information
					 may consist of results of actual testing, modeling, documentation by credible
					 independent testing and certification organizations, or documented applications
					 in similar uses and settings. The plan shall include, at a minimum, all of the
					 following:
(a) Information depicting
				  and describing the items listed in paragraphs (i) to (iv) of this subdivision.
				  Information that is amenable to clear depiction on a map shall be shown on a
				  map or maps of the mining area drawn to an appropriate scale on a topographic
				  base and referenced to the nearest government-surveyed section or
				  quarter-section lines. Other required information shall be presented, as
				  appropriate, by cross-sections, documents, and engineering drawings.
(i) Final land contours.
(ii) Proposed final land use and relationship
				  to surrounding land and land use.
(iii) Ponds, streams, wetlands, roads, dikes,
				  drainage ditches, and soil erosion and sedimentation control structures that
				  will remain after completion of reclamation.
(iv) Plans and schedules for stabilizing
				  waste rock piles, settling ponds, tailings disposal facilities, overburden
				  banks, open pit banks and walls, roads, and the plant site. The plans shall
				  include sloping, grading, terracing, and revegetating that will prevent
				  slumping, land or rock slides, or other slope failure and will effectively
				  reduce accelerated soil erosion and sedimentation. The plans shall include the
				  following:
(A) Provisions for sloping or
				  terracing of the banks or bottoms of open pit surfaces that will be under water
				  after cessation of mining, or other measures to prevent a hazard to public
				  safety.
(B) Provisions for
				  replacing topsoil from surface areas disturbed by the mining operation as
				  appropriate for the approved final land use.
(C) Vegetation species and quantities,
				  seedbed and planting area preparation, seeding and planting methods, mulching,
				  fertilization, maintenance, and final density of plants.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 2 - PERMITS › Section R. 425.205 - Contingency plan

Current through Vol. 24-12, July 15, 2024
Rule 205.
(1) The
				  contingency plan required under R 425.201(1)(e) shall include at a minimum all
				  of the following:
(a) An assessment of the
				  risk to the environment or public health and safety associated with potential
				  accidents or failures involving the following, and the response measures that
				  shall be followed in each case:
(i) Release or
				  threat of release of toxic or acid-forming materials.
(ii) Storage, transportation, and handling of
				  explosives.
(iii) Fuel storage and
				  distribution.
(iv) Fires.
(v) Wastewater collection and treatment
				  system.
(vi) Settling pond or
				  tailings disposal area embankment failure.
(vii) Air emissions.
(viii) Spills of hazardous
				  substances.
(ix) Other specific
				  natural risks defined by the environmental impact assessment.
(x) Power disruption.
(xi) Unplanned subsidence.
(xii) Leaks from containment systems for
				  stockpiles or storage or disposal facilities.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 2 - PERMITS › Section R. 425.206 - Amendment of permits

Current through Vol. 24-12, July 15, 2024
Rule 206.
(1) A
				  mining permit may be amended at any time to address changes in the mining
				  operation, natural or humanmade conditions, or technology, or to correct an
				  oversight. An application for amendment of a mining permit shall be submitted
				  on a form prescribed by the department, signed by the permittee or an
				  authorized representative of the permittee. The application shall include
				  revisions of any of the following that are affected by the changes:
(a) The environmental impact
				  assessment.
(b) The mining,
				  reclamation, and environmental protection plan.
(c) The contingency plan.
(d) Federal, state, and local permits and
				  licenses that are anticipated to be required.
(e) Provisions for financial assurance
				  required under R 425.301.
(f) Other
				  terms and conditions of the mining permit.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 2 - PERMITS › Section R. 425.207 - Transfer of permit

Current through Vol. 24-12, July 15, 2024
Rule 207.
(1) If a
				  permittee desires to transfer the mining permit to another person, then the
				  acquiring person shall submit to the department a request for the transfer of
				  the permit. The request for transfer of the permit shall be submitted on forms
				  prescribed by the department, and shall be signed by an authorized
				  representative of the permittee and an authorized representative of the
				  acquiring operator. The request shall include the following:
(a) An update of the contingency
				  plan.
(b) Provisions for financial
				  assurance as prescribed in R 425.301.
(c) An organization report for the acquiring
				  operator.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 3 - FINANCIAL ASSURANCE › Section R. 425.301 - Financial assurance; requirements

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1) A
				  mining permit shall not be effective until the permittee establishes financial
				  assurance in an amount in accordance with the mining permit as issued and in
				  compliance with this rule. A permittee shall thereafter maintain financial
				  assurance that is approved by the department during mining operations and
				  during the postclosure monitoring period, until the department releases the
				  permittee from its obligation to maintain financial assurance upon termination
				  of the mining permit or upon transfer of the mining permit to another operator.
				  Failure of a permittee to maintain financial assurance after the effective date
				  of a mining permit as required by this subrule constitutes a violation of the
				  mining permit and is grounds for the department to order immediate suspension
				  of any or all mining activities, including the removal of metallic product from
				  the site, pursuant to section 63221 of the act.
(2) The financial assurance shall apply to
				  all mining and reclamation operations subject to the mining permit and shall be
				  sufficient to cover the cost to administer, and to hire a third party to
				  implement the reclamation, remediation, and postclosure monitoring required
				  under part 632 of the act, these rules, a mining permit, or orders of the
				  department under part 632 of the act, including the costs to remediate any
				  contamination of the air, surface water, or groundwater that is in violation of
				  the mining permit. The amount of financial assurance shall be determined as
				  follows:
(a) The operator shall provide an
				  itemized list of reclamation, remediation, and postclosure monitoring
				  activities and costs associated with all of the following:
(i) Mining activities subject to the mining
				  permit where reclamation has not yet been completed.
(ii) Mining activities that are anticipated
				  to occur under the mining permit.