SB 395

This bill makes changes in the laws relating to the regulation and permitting

of nonferrous metallic mineral prospecting and mining. Nonferrous metallic

minerals are metallic minerals other than iron, such as copper or zinc. Under current

law, the Department of Natural Resources regulates exploration, prospecting, and

mining for nonferrous metallic minerals.

Sulphide ore moratorium

This bill repeals the existing prohibition on issuing sulfide ore mining permits.

Current law prohibits DNR from issuing any permits for the purpose of mining a

sulfide ore body until DNR determines that 1) there is a mining operation in a

potentially acid-generating sulfide ore body in the United States or Canada that has

been in operation for at least ten years without resulting in the pollution of

groundwater or surface water from acid drainage or from the release of heavy metals;

and 2) there is a mining operation that operated in a potentially acid-generating

sulfide ore body in the United States or Canada that has been closed for at least ten

years without resulting in the pollution of groundwater or surface water from acid

drainage or from the release of heavy metals.

Point of application for groundwater standards

This bill also makes changes to the locations at which groundwater standards

may apply at nonferrous metallic mining and prospecting sites. The bill does not

make changes to numerical groundwater standards.

Under current law, DNR establishes enforcement standards for certain

substances that contaminate groundwater. When determining whether a

groundwater enforcement standard at certain facilities, including mining or

prospecting operations, has been met or exceeded, the enforcement standard may

apply at any point beyond a three-dimensional design management zone (DMZ)

established by DNR by rule. Under DNR's current rules, for a nonferrous metallic

mining site the DMZ extends vertically from the land surface through all saturated

geological formations.

This bill requires DNR, for each mining or prospecting site, to determine the

depth in the Precambrian bedrock below which the groundwater is not reasonably

capable of being used for human consumption and is not hydrologically connected to

other sources of groundwater that are suitable for human consumption. Under the

bill, for a nonferrous metallic mining or prospecting site, DNR may not apply

groundwater enforcement standards at any point deeper than that identified depth

for the site.

Wetlands

Pursuant to the laws of 1977, DNR promulgated rules designed to ensure that

metallic mining activities would result in a minimization of disturbance to wetlands

while taking into consideration the fact that, in siting some mining operations, it

may be virtually impossible to avoid impacts to wetlands. To help weigh and evaluate