Environmental regulation of mining and notice to transferees of interests in mining sites

This bill requires DNR to use a design management zone for a mining facility that extends no farther than 150 feet from the boundary of the waste disposal area, or of the boundary of a facility other than a waste facility, or no farther than the boundary of the property owned or leased by the operator of the mining facility, whichever distance is less.

Metallic mining and hazardous waste regulation Currently, the hazardous waste laws require DNR to promulgate by rule criteria identical to those promulgated by the federal Environmental Protection Agency (EPA) for identifying the characteristics of hazardous waste. DNR is also required to promulgate by rule a list of hazardous wastes. The list must be identical to the list of hazardous wastes promulgated by EPA, except that DNR may include a waste that is not on EPA's list if DNR determines that the waste has the characteristics of a hazardous waste and that inclusion on the list is necessary to protect public health, safety, or welfare. Currently, EPA's rules exclude from regulation as hazardous wastes certain wastes from the mining, processing, and refining of ores and minerals.

This bill requires DNR to regulate a waste from the mining, processing, or refining of ores and minerals as a hazardous waste if it has the characteristics of a hazardous waste, notwithstanding any federal exclusion.

Metallic mining and exemptions from rules Under the mining laws, DNR promulgates rules to regulate metallic mining.

Under the solid waste and hazardous waste laws, DNR promulgates rules regulating the storage and disposal of solid waste and hazardous waste. Current law authorizes DNR to grant exemptions from the rules regulating mining and from the rules regulating the storage and disposal of solid waste and hazardous waste as they relate to mining waste, if the exemptions do not result in the violation of a state or federal environmental law, and do not endanger public health, safety, or welfare or the environment.

This bill prohibits DNR from granting exemptions from its rules regulating the storage and disposal of solid waste and hazardous waste as they relate to mining waste.

Applicability of other laws to metallic mining Under current law, if an activity regulated under this state's mining law is also regulated under another state law or a federal law, the other law is controlling.

Under this bill, if an activity regulated under this state's mining law is also regulated under another state law or a federal law, the other law is only controlling if it is more stringent than this state's mining law.

Notice to transferee This bill requires a person who intends to transfer an ownership interest in a mining site for which a permit application is pending with DNR to provide written notice to the transferee of certain environmental statutes and rules applicable to mining operations.