Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 1 - GENERAL PROVISIONS › Section R. 425.102 - Definitions; A to L

Current through Vol. 24-12, July 15, 2024
Rule 102.
(1) As
				  used in these rules:
(a) "Accelerated soil
				  erosion" means the increased loss of the land surface that occurs as a result
				  of human activities.
(b) "Act"
				  means 1994 PA 451, MCL 324.101 et seq.
(c) "Aquifer" means a geological formation,
				  group of formations, or part of a formation capable of yielding significant
				  quantities of groundwater to wells or springs.
(d) "Assurance instrument" means a financial
				  instrument executed in favor of the department on a form approved by the
				  department, including the following:
(i) A
				  surety bond executed by a surety company authorized to do business in the state
				  of Michigan.
(ii) A certificate of
				  deposit or time deposit account held by a financial institution regulated and
				  examined by a state or federal agency, the value of which is insured by an
				  agency of the United States government.
(iii) A cash bond.
(iv) An irrevocable letter of credit issued
				  by a financial institution which has the authority to issue letters of credit
				  and whose letter of credit operations are regulated and examined by a federal
				  or state agency.
(v) A trust fund
				  managed by a financial institution which has the authority to act as a trustee
				  and whose trust operations are subject to federal or state oversight.
(vi) An escrow account managed by a bank or
				  other financial institution whose account operations are regulated and examined
				  by a federal or state agency.
(e) "Beneficiation" means the primary
				  treatment of ore to separate or remove a metallic product or products from ore
				  using a process including, but not limited to, any of the following:
(i) Crushing.
(ii) Grinding.
(iii) Washing.
(iv) Dissolution.
(v) Crystallization.
(vi) Filtration.
(vii) Sorting.
(viii) Sizing.
(ix) Drying.
(x) Sintering.
(xi) Pelletizing.
(xii) Briquetting.
(xiii) Calcining to remove water and/or
				  carbon dioxide.
(xiv) Roasting,
				  autoclaving, and/or chlorination in preparation for leaching (except where this
				  process produces a final or intermediate product that does not undergo further
				  beneficiation or processing).
(xv)
				  Gravity concentration.
(xvi)
				  Magnetic separation.
(xvii)
				  Electrostatic separation.
(xviii)
				  Flotation.
(xix) Ion
				  exchange.
(xx) Ex situ solvent
				  extraction.
(xxi)
				  Electrowinning.
(xxii)
				  Precipitation.
(xxiii)
				  Amalgamation.
(xxiv) Heap, dump,
				  vat, and tank leaching.
(f) "Contaminated" or "contamination" means
				  having substances in concentrations that are above natural background and that
				  are, or may be, harmful to the environment or to human health and safety as
				  determined by the department under other applicable parts of the act.
(g) "Cultural, historical, or archaeological
				  resource" means a structure or site that meets any of the following
				  requirements:
(i) Is listed as a national
				  historic landmark under the historic sites, buildings, and antiquities act,
				  chapter 593, 49 Stat. 666, 16 U.S.C.461 to 467 as of the effective date of
				  these rules.
(ii) Is listed on the
				  national register of historic places pursuant to the national historic
				  preservation act of 1966, Public Law 89-665, 16 U.S.C.470 to 470a, 470b, and
				  470c to 470x-6 as of the effective date of these rules.
(iii) Is listed on the state register of
				  historic sites pursuant to 1955 PA 10, MCL 399.151 to 399.152.
(iv) Is recognized under a locally
				  established historic district created pursuant to the local historic districts
				  act, 1970 PA 169, MCL 399.201 to 399.215.
(h) "Cumulative impact" means the
				  environmental impact that results from the proposed mining activities when
				  added to other past, present, and reasonably foreseeable future
				  activities.
(i) "Designated
				  wellhead protection area" means a specific geographic area which is approved by
				  the department as the surface and subsurface area surrounding a water well or
				  well field that supplies a public water system and through which contaminants
				  are reasonably likely to move toward and reach the water well or well
				  field.
(j) "Detroit consumer price
				  index" means the most comprehensive index of consumer prices available for the
				  Detroit area from the United States department of labor, bureau of labor
				  statistics.
(k) "Disposal facility"
				  means a facility or a part of a facility where overburden, waste rock, or
				  tailings are intentionally placed into or on the land and at which the
				  overburden, waste rock, or tailings will remain after closure.
(l) "Earth change" means a humanmade change
				  in the natural cover or topography of land, including cut and fill activities,
				  which may result in or contribute to soil erosion or sedimentation of the
				  waters of the state.
(m) "Final
				  reclamation" means reclamation performed after final cessation of mining with
				  the intent not to resume mining.
(n) "Financial assurance" means an assurance
				  instrument or statement of financial responsibility provided by an operator to
				  ensure compliance with the act, these rules, permit conditions, instructions,
				  or orders of the department.
(o)
				  "Floodplain" means an area of land adjoining a river or stream that will be
				  inundated by a flood with a magnitude that has a 1% chance of occurring or
				  being exceeded in any given year.
(p) "Groundwater" means water below the land
				  surface in a zone of saturation.
(q) "Hazardous substance" means that term as
				  defined in part 201 of the act.
(r)
				  "Indian reservation" means any federally recognized reservation established by
				  treaty, agreement, executive order, or act of congress.
(s) "Indian governing body" means the
				  governing body of any tribe, band, or group of Indians subject to the
				  jurisdiction of the United States and recognized by the United States as
				  possessing power of self-government.
(t) "Interim reclamation" means reclamation
				  performed in connection with temporary cessation of mining with the intent to
				  resume mining.
(u) "Life of the
				  mine" means the period from issuance of a mining permit through the completion
				  of reclamation.