SB 139

Under current law, the Department of Natural Resources (DNR) regulates the

mining of metallic minerals. This bill makes several changes in the laws relating to

mining of metallic minerals.

Metallic mining and groundwater requirements

Current law authorizes DNR to establish groundwater quality standards for

mining activities, including mining waste sites. Current law requires DNR to

establish criteria for design management zones for solid waste and hazardous waste

disposal facilities. A facility must be designed so that groundwater quality

standards will not be violated at the boundaries of the design management zone for

the facility. Under current DNR rules, the design management zone for a mining

waste facility may extend as far as 1200 feet from the boundary of the facility, but

not farther than the boundary of the property owned or leased by the operator of the

mining facility. DNR may reduce or expand the size of the design management zone

for a particular facility.

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