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 096-200-1-2 - Definitions

Current through 2024-29, July 17, 2024
A.
Acid
				  Potential.
"Acid potential" or "acid generating potential" means the
				  ability of a rock or geologic material to produce acid leachates.
B.
Acid Rock Drainage.
"Acid
				  rock drainage" means the drainage that occurs as a result of oxidation of
				  sulfide minerals contained in rock which is exposed to air and water.
C.
Act.
"Act" means the
Maine Metallic Mineral Mining Act
at 38 M.R.S. §490-LL
et seq.
D.
Active Treatment System.
"Active treatment system" or "active
				  treatment" means a system that treats water or wastewater with the active
				  addition of chemical reagents or the application of external energy. Active
				  treatment does not include periodic inspections and routine maintenance such as
				  the mowing of vegetation.
D-1.
Actively Mined Area.
"Actively mined area" means the area that is
				  actively used for the physical extraction of metallic minerals and not yet
				  reclaimed. "Actively mined area" does not include areas where metallic minerals
				  or extracted material are stockpiled or stored; areas where extracted material
				  is crushed, ground, or physically sorted; areas that include buildings or other
				  structures relating to or supporting mining activities; or access roads,
				  parking lots, or other related infrastructure.
E.
Administratively Complete.
"Administratively complete" means an application for a mining permit under this
				  Chapter that is determined by the Department to contain all of the documents
				  and information required to initiate processing under this Chapter.
F.
Advanced Exploration.
"Advanced exploration" or "advanced exploration activity" means any metallic
				  mineral bulk sampling or exploratory activity that exceeds those activities
				  that are exploration activities, but removes 10,000 tons or less of mine waste.
				  Samples taken as part of "exploration" are not considered bulk
				  sampling.
G.
Advanced
				  Exploration Mining Permit.
"Advanced exploration mining permit" means a
				  mining permit to conduct metallic mineral advanced exploration
				  activities.
H.
Advanced
				  Exploration Site.
"Advanced exploration site" means the area and
				  facilities within which advanced exploration or activities incidental to it
				  occur, or may reasonably be expected to occur.
I.
Adverse Impact or Adverse
				  Effect.
"Adverse impact" or "adverse effect" means an unreasonable
				  impact or effect on the associated attribute, as determined by the Department
				  based on an evaluation of information that considers the value of the resource
				  and the degree of impact or effect, on an associated existing attribute such as
				  environment, scenic character, natural resource, or public health and
				  safety.
J.
Affected
				  Area.
"Affected area" means an area outside of a mining area where the
				  land surface, surface water, groundwater, air resources, soils, or existing
				  uses are potentially affected by mining operations as determined through an
				  environmental impact assessment.
K.
Air Contaminants.
"Air contaminants" or "air contaminant"
				  includes, but is not limited to dust, fumes, gas, mist, particulate matter,
				  smoke, vapor, or any combination thereof.
L.
Applicant.
"Applicant" means
				  any person who applies to the Department for a mining permit.
M.
Approved Suspension.
"Approved suspension" means a temporary suspension of mining issued pursuant to
				  section 29 of this Chapter and approved in writing by the Department.
N.
Aquifer.
"Aquifer" means a
				  geologic formation composed of rock or sand and gravel that stores and
				  transmits significant quantities of recoverable water as identified by the
				  Division of Geology, Natural Areas and Coastal Resources, Maine Geological
				  Survey within the Department of Agriculture, Conservation and
				  Forestry.
O.
Assurance
				  Instrument.
"Assurance instrument" means a financial instrument executed
				  in favor of the Department in a form approved by the Department and which is
				  insured by an agency of the United States government or whose letter of credit
				  operations are overseen or are regulated and examined by a federal or state
				  agency.
P.
Baseline
				  Conditions.
"Baseline conditions" or "baseline site conditions" means
				  pre-mining conditions for a specific location and shall include, but not be
				  limited to characterization of the following resources: wildlife; surface water
				  and groundwater quality and quantity; vegetation, including the presence or
				  absence or rare, threatened or endangered species; and air quality.
Q.
Beneficiation.
"Beneficiation" means the treatment of ore to liberate or concentrate its
				  valuable constituents. "Beneficiation" includes, but is not limited to,
				  crushing, grinding, washing, dissolution, crystallization, filtration, sorting,
				  sizing, drying, sintering, pelletizing, briquetting, calcining, roasting in
				  preparation for leaching to produce a final or intermediate product that does
				  not undergo further beneficiation or processing, gravity concentration,
				  magnetic separation, electrostatic separation, flotation, ion exchange, solvent
				  extraction, electrowinning, precipitation, amalgamation, and dump, vat, tank
				  and in situ leaching.
R.
Blasting.
"Blasting" means the use of explosives to break up or
				  otherwise aid in the extraction or removal of a rock or other consolidated
				  natural formation.
S.
Block
				  Caving.
"Block caving" is an underground hard rock mining method that
				  involves undermining an ore body and allowing it to progressively collapse
				  under its own weight. In block caving, a large section of rock is undercut,
				  creating an artificial cavern that fills with its own rubble as it collapses.
				  This broken ore falls into a pre-constructed series of funnels and access
				  tunnels underneath the broken ore mass.
T.
Board.
"Board" means the
				  Board of Environmental Protection.
U.
Buffer.
"Buffer" means
				  actions or structures used to separate, shield, screen, or lessen the effect of
				  the mine operation on the surrounding area by reducing noise or dust, improving
				  aesthetics, controlling stormwater, and protecting the public health, safety,
				  and welfare.
V.
Bulk
				  Sampling.
"Bulk sampling" means the removal of samples for the purpose
				  of testing to determine the feasibility, method, or manner of extraction and/or
				  processing of metallic minerals. Such testing may include milling or grinding
				  tests and/or pilot plant and processing tests. Methods of bulk sampling may
				  include, but are not limited to, drilling and boring, digging of shafts and
				  tunnels, or digging of pits and trenches. For purposes of this Chapter, bulk
				  sampling of metallic mineral deposits is included in advanced exploration and
				  is limited to the removal of no more than 10,000 tons of mine waste.
V-1.
Cement.
"Cement" means any
				  of the various calcined mixtures of clay and limestone that can be mixed with
				  water and used as an ingredient in making mortar or concrete.
W.
Closure.
"Closure" means
				  activities undertaken to manage a mining area and, if necessary, an affected
				  area, pursuant to the mine plan approved by the Department. "Closure" includes,
				  but is not limited to, actions taken to contain metallic mineral wastes on site
				  and to ensure the integrity of waste management structures and the permanent
				  securement of pits, shafts, and underground workings.
X.
Coastal Wetlands.
"Coastal
				  wetlands" means all tidal and subtidal lands; all areas with vegetation present
				  that is tolerant of salt water and occurs primarily in a salt water or
				  estuarine habitat; and any swamp, marsh, bog, beach, flat, or other contiguous
				  lowland that is subject to tidal action during the highest tide level for the
				  year in which an activity is proposed, as identified in tide tables published
				  by the National Ocean Service. Coastal wetlands may include portions of coastal
				  sand dunes.
Y.
Commencement
				  of construction.
"Commencement of construction" means that a Permittee
				  or other person has physically altered a mining area or proposed mining area
				  including, but not limited to, the clearing of trees and other vegetation, site
				  preparation work, bulk sampling, and the construction of roads and other
				  infrastructure upgrades.
Z.
Commissioner.
"Commissioner" means the Commissioner of the Maine
				  Department of Environmental Protection.
AA.
Containment Structure.
"Containment structure" is an engineered structure or system designed to
				  prevent the release of materials or substances from a designated area.
				  Containment structures may be utilized to prevent releases from a variety of
				  stored materials including, but not limited to overburden, ore, tailings and
				  hazardous substances. Hazardous substances must be stored in accordance with
				  the federal
Resource Conservation Recovery Act
(RCRA) and
				  state laws and regulations.
BB.
Contamination
(1) As applied to
				  groundwater, "contamination" means nonattainment of water quality standards,
				  the cause of which is attributable to a mining operation, as:
(a) Specified in rules relating to primary
				  drinking water standards adopted pursuant to
				  22 M.R.S.
				  §2611; or
(b) Demonstrated by a statistically
				  significant change in measured parameters that indicates deterioration of water
				  quality determined through assessment monitoring.