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An Act To Amend the Maine Metallic Mineral Mining Act To Protect Water Quality
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §490-OO, sub-§3-A  is enacted to read:
 
3-A.  Permit issuance for mining in a sulfide ore body.     The provisions of this subsection apply to surface or open pit mining in a sulfide ore body.
 
A.  For the purposes of this subsection, unless the context otherwise indicates, the following terms have the following meanings.
 
(1) "Sulfide ore body" means a mineral deposit in which metals are mixed with sulfide minerals.
 
(2) "Surface or open pit mining" means removing the overburden lying above a deposit of a metallic mineral and mining directly from the exposed deposit or mining directly from a deposit lying exposed in the mineral's natural state.
 
B.  The department may not issue a permit for surface or open pit mining in a sulfide ore body unless the applicant has operated a mining operation:
 
(1) In a geographic location that has climatic and geological features similar to the proposed mining area;
 
(2) In the United States or Canada;
 
(3) That has not violated any environmental law as determined in an administrative proceeding, civil action, criminal action or other legal proceeding. For the purposes of this paragraph, issuance of an order or acceptance of an agreement requiring corrective action or a stipulated fine, forfeiture or other penalty is considered a determination of a violation, regardless of whether there was a finding or admission of liability; and
 
(4) That has not discharged pollutants to groundwater or surface water causing the water to fail to meet water quality standards.
 
C.  Within 3 months after the department has issued a permit for surface or open pit mining of a sulfide ore body under this subsection, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over metallic mineral mining matters recommending whether or not the provisions of this subsection should be repealed. The joint standing committee of the Legislature having jurisdiction over metallic mineral mining matters has authority to submit legislation repealing this subsection.
Sec. 2. 38 MRSA §490-OO, sub-§4, ¶D, as enacted by PL 2011, c. 653, §23 and affected by §33, is amended to read:
 
D. There is reasonable assurance that dischargesDischarges of pollutants from the mining operation will not violate applicable water quality standards. Notwithstanding sections 465-C and 470, discharges to groundwater from activities permitted under this article may occur within a mining area, but such discharges may not result in contamination of groundwater beyond each mining area. In determining compliance with this standard, the department shall require groundwater monitoring consistent with the standards established pursuant to section 490-QQ, subsection 3. The department may not issue a permit if the department determines that the mining operation will result in the contamination of groundwater or surface water requiring treatment of the water or other remedial actions beyond 10 years after cessation of mining operations.
Sec. 3. 38 MRSA §490-QQ, sub-§3, as enacted by PL 2011, c. 653, §23 and affected by §33, is amended to read:
 
3. Water quality monitoring.   Through rulemaking the department shall establish standards for monitoring groundwater as close as practicable to any mining area that may pose a threat to groundwater. The standards must include locating down gradient monitoring wells no more than 100 feet away from the boundary of each waste handling area, mining area, affected area and any other area where mining activities may result in the discharge of pollutants into groundwater. The department may approve the location of a monitoring well exceeding the 100-foot maximum distance if the location enhances the ability to detect a discharge of pollutants. A permittee shall conduct groundwater and surface water monitoring in accordance with the provisions of a mining permit during mining operations, during suspension of mining operations, during closure and during the post-closure monitoring period. The post-closure monitoring period must be at least 30 years following cessation of mining, subject to the following conditions.
 
A. The permittee shall provide to the department a written request to terminate post-closure monitoring not less than 18 months before the proposed termination date and shall provide the department with technical data and information demonstrating the basis for the termination of the post-closure monitoring.
 
B. The department may shorten the post-closure monitoring period at any time upon determining that there is no significant potential for water contamination resulting from the mining operation.
 
C. The department shall extend the post-closure monitoring period in increments of up to 20 years unless the department determines, approximately one year before the end of a post-closure monitoring period or post-closure incremental monitoring period, that there is no significant potential for surface water or groundwater contamination resulting from the mining operation.
Sec. 4. 38 MRSA §490-RR, sub-§3, as enacted by PL 2011, c. 653, §23 and affected by §33, is amended to read:
 
3. Form of financial assurance.   The financial assurance may consist ofmust be fulfilled through creation of a trust fund established for the benefit of the department. The trust fund may be established using the following instruments: a surety bond, escrow, cash, certificate of deposit, trust, irrevocable letter of credit issued by a financial institution acceptable to the department, or other equivalent security, or combination thereof, as long as the department approves the financial assurance as proposed by the applicant. When determining the appropriate security to require, the department shall take into consideration the type and location of the mining operation and the type of security that is adequate to protect the State's financial interest. The financial assurancetrust fund must be in a form that cannot be cancelled, withdrawn, revoked or otherwise reduced without the express written consent of the commissioner after a finding that the reduced amount is appropriate given the conditions related to the mining operation, including, but not limited to, the potential cost of long-term maintenance and monitoring, closure and any necessary response to episodic maintenance.
Sec. 5. Effective date. This Act takes effect June 1, 2014.
 
SUMMARY
This bill makes changes to the Maine Metallic Mineral Mining Act.
1. It prohibits the Department of Environmental Protection from issuing a permit for surface or open pit mining in a sulfide ore body unless the applicant has previously operated a mining operation that meets certain conditions. It also requires the department to submit a report to the joint standing committee of the Legislature having jurisdiction over metallic mineral mining matters recommending whether or not the prohibition should be repealed. The report must be submitted within 3 months after the department has issued a permit for surface or open pit mining of a sulfide ore body.
2. It amends the approval criteria related to water quality by requiring that discharges of pollutants from the mining operation will not violate applicable water quality standards and it prohibits the issuance of a permit if the mining operation will result in the contamination of groundwater or surface water requiring treatment beyond 10 years after cessation of mining operations.
3. It amends the standards for monitoring groundwater.
4. It requires financial assurance to be fulfilled through creation of a trust fund.