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 096-200-3-12 - Permit Conditions

Current through 2024-29, July 17, 2024
A.
Standard
				  Conditions.
The following standard conditions must be included in all
				  mining permits.
(1) Relation of Permit to
				  Application. The plans, specifications, descriptions, and other documentation
				  submitted by the Permittee in support of the application, and approved by the
				  Department in issuing the permit, constitute terms of the permit. Any variation
				  or change in the plans, specifications, descriptions, or other documentation
				  must be approved by the Department prior to implementation. Upon completion of
				  any construction or alteration, the Permittee must submit to the Department a
				  written certification by a qualified professional that the site has been
				  constructed or altered in accordance with the terms of the permit.
(2) Duty to Comply. The Permittee must comply
				  with all terms and conditions of the permit. Any noncompliance constitutes a
				  violation of law and is grounds for enforcement action, permit suspension, or
				  revocation.
(3) Duty to Halt or
				  Reduce Activity. It is not a defense in an enforcement action that halting or
				  reducing the permitted activity would have been necessary in order to maintain
				  compliance with the conditions of the permit.
(4) Duty to Mitigate. The Permittee shall
				  take all steps to minimize or correct any adverse impact on the environment
				  resulting from noncompliance with the permit.
(5) Proper Operation and Maintenance. The
				  Permittee shall at all times properly operate and maintain all facilities and
				  systems which are installed or used by the Permittee to achieve compliance with
				  the conditions of the permit.
(6)
				  Permit Actions. The Department, after notice and an opportunity for a hearing
				  as required under the
Maine Administrative Procedure Act
,
				  5 M.R.S.
				  §§10003 & 10051 and
				  38 M.R.S.
				  §342(11-B), may modify
				  a permit or may act to suspend or revoke the permit. The Department may also
				  modify a permit in response to an application for a modification filed by the
				  Permittee. The filing of a request by the Permittee for a permit modification
				  does not stay any permit condition. If the Department determines that a
				  violation of the Mining Act, this Chapter, a Department Order or this permit is
				  causing or resulting in imminent and substantial endangerment to the public
				  health or safety, environment or natural resources, the Commissioner may issue
				  an order requiring immediate suspension of mining activities, including the
				  removal of metallic product from the site.
(7) Property Rights. The permit does not
				  convey any sort of property right or exclusive privilege.
(8) Duty to Provide Information. The
				  Permittee shall furnish any information which the Commissioner requests in
				  order to determine whether cause exists for modifying, suspending, or revoking
				  the permit or to determine compliance with the permit. The Permittee shall
				  also, upon request, furnish to the Department copies of records required by law
				  or by the permit to be kept by the Permittee, and not otherwise required to be
				  filed with the Department. The information shall be submitted in accordance
				  with the timeframe requested by the Commissioner.
(9) Monitoring Reports. All monitoring
				  results shall be reported to the Department according to this Chapter, the
				  mining permit, and the Act within 60 days of the sampling event unless an
				  alternative time is requested or approved by the Department.
(10) Noncompliance and Occurrence Reporting.
				  The Permittee shall report to the Department any noncompliance, any unpermitted
				  or otherwise unlawful release or discharge of pollutants including accidents
				  and failures specified in the approved Contingency Plan. Information shall be
				  provided in accordance with the approved Contingency Plan or, if not addressed
				  in the Contingency Plan, orally within 2 hours of the time the Permittee
				  becomes aware of the circumstances, and in writing within 5 working days. If
				  the noncompliance, release or discharge of pollutants, or cause of fire or
				  explosion has not been corrected, the anticipated time it is expected to
				  continue must be given, together with the steps taken or planned to reduce,
				  eliminate and prevent recurrence. The written submission must include the
				  following:
(a) Name, address, and telephone
				  number of the owner or operator;
(b) Name, address, and telephone number of
				  the facility, if applicable;
(c)
				  Date, time, type, and description of incident;
(d) Name and quantity of any waste(s)
				  involved;
(e) The extent of
				  injuries, if any;
(f) An assessment
				  of actual or potential hazards to the environment and human health inside and
				  outside the site, when applicable; and
(g) Estimated quantity and disposition of any
				  pollutants released or discharged.
(11) Other Information. When the Permittee
				  becomes aware that it has failed to submit any relevant facts in a permit
				  application, or submitted incorrect information in a permit application or in
				  any report to the Department including any sampling data evaluating the site,
				  the Permittee shall promptly submit such facts or information to the
				  Department.
(12) Signatory
				  Requirement. All applications, reports, or information submitted to the
				  Department shall be signed by a responsible officer. Such responsible officer
				  shall make the following certification:
"I certify under penalty of law that I have personally
					 examined and am familiar with the information submitted in this document and
					 all attachments thereto and that, based on my inquiry of those individuals
					 immediately responsible for obtaining the information, I believe the
					 information is true, accurate, and complete. I am aware there are significant
					 penalties for submitting false information."
(13) Construction/Operation within 4 Years.
				  After public notice, the Department may terminate or request surrender of a
				  mining permit if the Permittee has not commenced construction of mining
				  facilities or conducted mining activities covered by the mining permit within 4
				  years after the effective date of the mining permit, unless the Permittee is
				  issued an extension pursuant to section
				  14 of this Chapter. If the mining
				  permit is terminated or surrendered, the Applicant may reapply to the
				  Department for a permit. No construction or operation may be undertaken until a
				  new permit is granted. A new application filed for a project previously
				  approved must state the reasons why construction or operation was not begun
				  within 4 years from the granting of the initial permit, and the reasons why
				  construction or operation will be able to begin within 4 years from the
				  granting of the new permit. The new application may incorporate, by reference,
				  information submitted in the initial application, but must include all
				  information required by law or rule at the time the new application is
				  submitted.
(14) Commencement of
				  Operations. Prior to the commencement of operations:
(a) The Permittee shall submit to the
				  Department, by certified mail or hand delivery, a letter signed by the
				  Permittee and a State of Maine Licensed Professional Engineer stating that the
				  site has been constructed, altered, or modified in compliance with the permit;
				  and
(b) The site must be inspected
				  by the Department and found to be in compliance with the conditions of the
				  permit.
(15) Other
				  Permits and Licenses. The Applicant and Permittee shall secure and comply with
				  all applicable federal, state, and local licenses, permits, authorizations,
				  approvals, conditions, agreements, and orders prior to and during construction,
				  alteration, modification, operation, reclamation, and closure as
				  appropriate.
(16) Bid
				  Specification. A copy of the Permit approval must be included in or attached to
				  all contract bid specifications for the site.
(17) Contractor Copy. The Permittee may not
				  direct or allow any work within the scope of the permit to be done by a
				  contractor until the contractor(s) has been given a copy of the mining permit.
				  The Permittee shall certify to the Department that the contractor(s) has
				  received a copy of the permit.
(18)
				  Annual Fee. The Applicant or Permittee shall pay an annual fee as required by
				  38 M.R.S.
				  §352(4-A)(E). The
				  permit is not effective until, and unless, the annual fee has been
				  paid.
(19) Inspection and Entry.
				  Employees and authorized representatives of the Department must be allowed
				  access to the site and affected area during business hours, and at such other
				  times as the Department deems necessary, for the purpose of performing tests,
				  collecting samples, conducting inspections, examining records relating to the
				  site, or developing or enforcing any rule, statute or order.
(20) As a condition of a mining permit, the
				  Permittee shall retain the services of a qualified third-party independent
				  inspector to monitor compliance with permit conditions during construction,
				  operations and closure. More than one inspector may be needed to obtain the
				  qualifications necessary to monitor different activities. An inspector retained
				  under this section cannot also serve as a qualified professional under section
				  25 of this Chapter.
(a) Inspector selection.
				  At least 30 days prior to starting any permitted activity on the site, the
				  applicant must submit the names of at least two inspector candidates to the
				  Department. Each candidate must meet the minimum qualifications listed below.
				  The inspector may not be an employee, partner, or contracted consultant
				  involved with the permitting of the project or otherwise employed by the same
				  company or agency except that the Department may accept subcontractors who
				  worked for the project's primary consultant on some aspect of the project such
				  as, but not limited to, completing wetland delineations, identifying
				  significant wildlife habitats, or conducting geotechnical investigations, but
				  who were not directly employed by the applicant, as independent inspectors on a
				  case by case basis. The Department will have 15 days from receiving the names
				  to select one of the candidates as the inspector or to reject both candidates.
				  If the Department rejects both candidates, then the Department shall state the
				  particular reasons for the rejections. In this case, the applicant may either
				  dispute the rejection to the Commissioner, or start the selection process over
				  by nominating two new candidates.
(i) The
				  Permittee may not terminate the services of a qualified third-party independent
				  inspector without prior Department approval.
(ii) In the event the qualified third-party
				  independent inspector is terminated or voluntarily resigns, the Permittee must
				  select and retain the services of a replacement inspector within 30
				  days.
(b) Inspector
				  Qualifications. A qualified third party independent inspector must be a
				  qualified professional and must have the following minimum qualifications:
(i) A degree from an accredited program in
				  environmental science, civil engineering, mining engineering, geology, or other
				  demonstrated expertise;
(ii) A
				  practical knowledge of mining principles, stormwater control, and waste
				  management;
(iii) Experience in
				  management or supervision on large construction projects;
(iv) The ability to understand and articulate
				  permit conditions to contractors;
(v) The ability to clearly document
				  activities being inspected;
(vi)
				  Appropriate facilities and, if necessary, support staff to carry out the duties
				  and responsibilities set forth in subsection (4), below, in a timely manner;
				  and
(vii) No ownership or financial
				  interest in the permitted activities other than that created by being retained
				  as the third-party inspector.
(c) Inspector Duties and Responsibilities.
				  The inspector's work shall include the following duties and responsibilities:
(i) Prior to construction, the inspector will
				  become thoroughly familiar with the project plans and specifications, including
				  those for containment structures and impoundments, mine operations buildings
				  and structures associated with ore handling and processing, detention basins,
				  those for installing the erosion control measures to be used on the site, and
				  those for stabilizing disturbed soils.
(ii) During construction, the inspector will
				  monitor activities required by the permit and contained in the approved
				  construction documents.
(iii) The
				  inspector will keep logs recording activities on the site, discussions with
				  contractor(s) and/or mine operations personnel, and possible violations of the
				  approved construction documents or the permit terms and conditions.
(iv) The inspector will inspect the site at
				  least twice per week from the commencement of construction until closure. The
				  site must be inspected at least monthly during the post-closure monitoring
				  period.
(v) The inspector will
				  notify the designated person at the Department immediately of potential
				  violations of the mining permit.
(d) Inspection Reports. The inspector will
				  submit written reports, including photographic documentation, in a format
				  approved by the Department to the designated person at the Department. Reports
				  shall be submitted to the Department in accordance with a schedule determined
				  by the Department.
(i) The report will state
				  the start and end dates for the reporting period.
(ii) The report will state the date(s) and
				  time(s) when the inspector was on the site making inspections.
(iii) The report will describe the
				  Permittee's activities over the reporting period.
(iv) The report will summarize the inspection
				  results, identify and describe any deficiencies noted, and provide
				  recommendations for correcting deficiencies.
(21) Preconstruction. All preconstruction
				  terms and conditions must be met before any construction begins.
(22) Advertising. Advertising relating to
				  matters included in the permit application may refer to the Permit approval
				  only if it notes that the approval has been granted with conditions, and
				  indicates where copies of the permit may be obtained.
(23) Transfer of Ownership. Unless otherwise
				  provided in the permit, the Permittee may not sell, lease, assign, or otherwise
				  transfer the site or any portion thereof, or cause or allow any other action
				  where the purpose or consequence is to transfer any of the obligations of the
				  Permittee as incorporated in the permit, without prior written approval of the
				  Department pursuant the 06-096 C.M.R. ch. 2(21).
(24) Deed Notation. Whenever any site, or
				  portion thereof, previously used for mining or advanced exploration is
				  transferred by deed, the following must be expressly stated in the deed:
(a) The type(s) of waste unit(s) located on
				  the site, the dates of establishment and closure of each, and a description of
				  the location, composition, extent, and depth of waste deposited in each;
				  and
(b) The heading and date of
				  issuance of the permit, the identification number of the permit, and the fact
				  that it was issued by the Department of Environmental Protection.
(25) Event of Force Majeure. The
				  Permittee's responsibility for meeting all requirements of the Act, this
				  Chapter and the mining permit shall not be discharged due to an Event of Force
				  Majeure.