February 22, 2018, Introduced by Senator CASPERSON and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 63207 (MCL 324.63207), as added by 2004 PA 449.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
63207. (1) A mining permit issued by the department shall
remain
remains in effect until terminated or revoked by the
department.
(2) The department may terminate a mining permit under 1 or
more of the following conditions:
(a) The permittee has not commenced construction of plant
facilities or conducted actual mining activities covered by the
mining permit within 2 years after the effective date of the mining
permit.
(b) The permittee has completed final reclamation of the
mining area and requests the termination of the mining permit and
the department determines all of the following:
(i) The mining operation has not polluted, impaired, or
destroyed the air, water, or other natural resources or the public
trust in those resources by activities conducted within the scope
of the permit.
(ii) The permittee has otherwise fulfilled all conditions
determined to be necessary by the department to protect the public
health, safety, and welfare and the environment.
(iii) The requirements for the postclosure monitoring period
have been satisfied.
(3) The department may revoke a mining permit pursuant to
section 63221.
(4)
A permittee shall not transfer a mining permit may be
transferred
to a new operator with approval
of the department after
public
notice as follows:unless all
of the following occur:
(a)
The person acquiring the mining permit shall submit
submits to the department on forms provided by the department a
request
for transfer of the mining permit and shall provide
provides the financial assurance required under section 63211.
(b)
The person acquiring the mining permit shall accept
accepts
the conditions of the existing mining
permit and adhere
adheres to the requirements set forth in this part.
(c) If the department determines that the permittee is
determined
by the department to be in
violation of this part or the
rules promulgated under this part at the mining site involved in
the
transfer, then the mining permit shall not be transferred to a
person
until the permittee has completed
the necessary corrective
actions or the person acquiring the mining permit has entered into
a written consent agreement to correct all of the violations.
(d) The department, after providing public notice of the
proposed transfer, approves the transfer.
(5) Pending the transfer of an existing mining permit under
subsection (4), the proposed transferee shall not operate the mine.
(6)
A mining permit may shall be amended as follows:
(a) A mining permit amendment shall be initiated as provided
in either of the following:
(i) (a)
The permittee may submit submits to
the department a
request to amend the mining permit to address anticipated changes
in the mining operation, including, if applicable, amendments to
the environmental impact assessment and to the mining, reclamation,
and environmental protection plan.
(ii) (b)
The department may require requires a
mining permit
to
be amended if the department determines after determining that
the terms and conditions of the mining permit are not providing the
intended reasonable protection of the environment, natural
resources, or public health and safety.
(b) (c)
Within 30 days after receiving a
request to amend a
mining permit under subdivision (a)(i), or upon a determination by
the department under subdivision (a)(ii) that an amendment is
necessary,
the department shall determine within 30 days whether
the
request proposed amendment
constitutes a significant change
from the conditions of the approved mining permit. In making that
determination, the department shall consider whether the change
will result in environmental impacts that are materially increased
or different from those addressed in the approved mining permit
conditions, the mining permit application, or any additional
information forming the basis of the approved mining permit
conditions.
(c) If the department determines under subdivision (b) that
the
request is constitutes a significant change from the conditions
of
the approved mining permit, the department may submit shall in
its sole discretion do 1 of the following:
(i) Submit the request for amendment to the same review
process as provided for a new permit application in section
63205(4)
to (9). If a request to amend the mining permit is denied,
the
reasons for denial shall be stated in a written report to the
permittee.
(ii) Within 42 days after the determination that the amendment
request constitutes a significant change from the conditions of the
approved mining permit, hold a public meeting on the request. The
department shall give notice of the public meeting in the same
manner provided for in section 63205(6). The department shall
accept written public comment on the request for 28 days after the
public meeting. Within 14 days after the expiration of the public
comment period, the department shall grant or deny the request in
writing.
(d) If the department determines under subdivision (b) that
the request for amendment does not constitute a significant change
from the conditions of the approved mining permit, the department
shall provide written notice of the determination to the city,
village, or township and the county where the proposed mining
operation is to be located and to all affected federally recognized
Indian tribes in this state. The department shall also give notice
of the determination by publication in a newspaper of local
distribution in the area where the proposed mining operation is to
be located. The department shall approve the amendment within 14
days after publication of the notice and shall notify the permittee
of the approval.
(7) A permittee may relocate, reconfigure, or modify surface
or underground facilities, buildings, or equipment, other than a
tailings basin or a stockpile, without obtaining an amendment to
the permit under subsection (6) if all of the following apply:
(a) The relocation, reconfiguration, or modification takes
place within the permitted mining area and does not require an
amendment to any other permits issued by the department.
(b) The permittee provides written notice to the department at
least 30 days before undertaking the relocation, reconfiguration,
or modification.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.