A bill for an act
relating to natural resources; requiring certain determinations before issuing
nonferrous mining permits; amending Minnesota Statutes 2022, sections 93.001;
115.03, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
93.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 93.001, is amended to read:
It is the policy of the state to provide for the diversification of the state's mineral economy
through long-term support of mineral exploration, evaluation, environmental research,
development, production, and commercializationnew text begin , consistent with the state policy to protect
clean air, clean water, and other natural resources of the statenew text end .
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This section applies to all permits for or pertaining to mining
nonferrous sulfide ore under this chapter. This section does not apply to permits for or
pertaining to mining iron ore.
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(a) For purposes of this section, the terms in this subdivision have
the meanings given them.
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(b) "Nonferrous sulfide ore" means any ore, other than iron ore, consisting of sufficient
sulfide minerals to generate acid mine drainage.
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(c) "Similar environment" means a location with similar abiotic ecological features, such
as average annual precipitation and average monthly temperature, and in which the proximity
of surface water and groundwater to mining operations is similar to the proximity of surface
water or groundwater to the Minnesota site or sites for which the permit is sought.
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(a) The commissioner may not issue a permit required to mine
nonferrous sulfide ore unless the commissioner and the commissioner of the Minnesota
Pollution Control Agency both determine, based on published, peer-reviewed scientific
information and public records, that a mine for nonferrous sulfide ore has operated
commercially for at least ten years and has been closed for at least ten years without resulting
in a release of a hazardous substance, hazardous waste, or pollutant or contaminant as
defined under section 115B.02. The mine must have operated in the United States in a
similar environment to the mine for which the permit is sought and must have used
reclamation techniques substantially similar to those proposed in the permit application.
The applicant for a permit required to mine nonferrous sulfide ore bears the burden of
demonstrating each of the conditions necessary for a determination under this paragraph
that a permit may be issued.
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(b) The commissioner must publish a proposed determination under paragraph (a) before
making a preliminary decision to grant or deny any application for a permit required to mine
nonferrous sulfide ore and must accept public comment. If probative evidence is submitted
to the commissioner during the public comment period that is contrary to the commissioner's
proposed determination, the commissioner must order a contested case hearing under chapter
14 and must base the final decision for permitting on the evidentiary record developed in
the hearing.
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(a) For a permit issued for a nonferrous
sulfide ore mine, the permittee must apply for a reissuance of the permit every ten years,
or sooner if the terms of the permit include an accelerated schedule.
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(b) A person seeking renewal, reissuance, modification, or reinstatement of or an
expansion or extension of activities under a permit related to mining nonferrous sulfide ore
must submit to the commissioner a new, modified, or amended application for the permit.
The application is subject to subdivision 3 and is considered a substantial change to the
permit for purposes of the notice requirement in section 93.481, subdivision 3, paragraph
(b).
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Minnesota Statutes 2022, section 115.03, subdivision 1, is amended to read:
The deleted text begin agencydeleted text end new text begin commissionernew text end is hereby given and charged with
the following powers and duties:
(a) to administer and enforce all laws relating to the pollution of any of the waters of
the state;
(b) to investigate the extent, character, and effect of the pollution of the waters of this
state and to gather data and information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification of the waters of the state as
it may deem advisable;
(c) to establish and alter such reasonable pollution standards for any waters of the state
in relation to the public use to which they are or may be put as it shall deem necessary for
the purposes of this chapter and, with respect to the pollution of waters of the state, chapter
116;
(d) to encourage waste treatment, including advanced waste treatment, instead of stream
low-flow augmentation for dilution purposes to control and prevent pollution;
(e) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
orders, permits, variances, standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order to prevent, control or abate
water pollution, or for the installation or operation of disposal systems or parts thereof, or
for other equipment and facilities:
(1) requiring the discontinuance of the discharge of sewage, industrial waste or other
wastes into any waters of the state resulting in pollution in excess of the applicable pollution
standard established under this chapter;
(2) prohibiting or directing the abatement of any discharge of sewage, industrial waste,
or other wastes, into any waters of the state or the deposit thereof or the discharge into any
municipal disposal system where the same is likely to get into any waters of the state in
violation of this chapter and, with respect to the pollution of waters of the state, chapter
116, or standards or rules promulgated or permits issued pursuant thereto, and specifying
the schedule of compliance within which such prohibition or abatement must be
accomplished;
(3) prohibiting the storage of any liquid or solid substance or other pollutant in a manner
which does not reasonably assure proper retention against entry into any waters of the state
that would be likely to pollute any waters of the state;
(4) requiring the construction, installation, maintenance, and operation by any person
of any disposal system or any part thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing disposal system or any part thereof,
or the adoption of other remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any person;
(5) establishing, and from time to time revising, standards of performance for new sources
taking into consideration, among other things, classes, types, sizes, and categories of sources,
processes, pollution control technology, cost of achieving such effluent reduction, and any
nonwater quality environmental impact and energy requirements. Said standards of
performance for new sources shall encompass those standards for the control of the discharge
of pollutants which reflect the greatest degree of effluent reduction which the agency
determines to be achievable through application of the best available demonstrated control
technology, processes, operating methods, or other alternatives, including, where practicable,
a standard permitting no discharge of pollutants. New sources shall encompass buildings,
structures, facilities, or installations from which there is or may be the discharge of pollutants,
the construction of which is commenced after the publication by the agency of proposed
rules prescribing a standard of performance which will be applicable to such source.
Notwithstanding any other provision of the law of this state, any point source the construction
of which is commenced after May 20, 1973, and which is so constructed as to meet all