(1)This section shall
apply only to designated mining operations as defined in section 34-32-103 (3.5).
All nondesignated mining operations are exempt from this section. The board may
propose that the general assembly enact specific requirements for exempted
operations as set forth in subsection (2) of this section.
(2)If an operator demonstrates to the board at the time of applying for a
permit or at a subsequent hearing that toxic or acidic chemicals are not stored or
used on-site and that acid- or toxic-producing materials will not be used, stored, or
disturbed in quantities sufficient to adversely affect any person, any property, or
the environment, the board shall exempt such operations whether conducted
pursuant to section 34-32-110 or otherwise. The board may promulgate
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(1) This section shall
apply only to designated mining operations as defined in section 34-32-103 (3.5).
All nondesignated mining operations are exempt from this section. The board may
propose that the general assembly enact specific requirements for exempted
operations as set forth in subsection (2) of this section.
(2) If an operator demonstrates to the board at the time of applying for a
permit or at a subsequent hearing that toxic or acidic chemicals are not stored or
used on-site and that acid- or toxic-producing materials will not be used, stored, or
disturbed in quantities sufficient to adversely affect any person, any property, or
the environment, the board shall exempt such operations whether conducted
pursuant to section 34-32-110 or otherwise. The board may promulgate rules
governing the conduct of mining operations which are exempted pursuant to this
subsection (2).
(3) When promulgating rules governing designated mining operations, the
board shall consider the economic reasonableness, the technical feasibility, and the
level or degree of any environmental concerns which may result from:
(a) Designated mining operations which qualify for permits under section 34-32-110 which shall be referred to as 110d permits;
(b) Designated mining operations which qualify for permits under section 34-32-112, but which affect less than fifty acres and extract less than one million tons
per year which shall be referred to as 112d-1 permits;
(c) Designated mining operations which qualify for permits under section 34-32-112 which do not qualify as 112d-1 permits but which affect less than one
hundred acres and which extract less than five million tons per year which shall be
referred to as 112d-2 permits; or
(d) Any other designated mining operation which shall be referred to as
112d-3 permits.
(4) (a) By rule or as a condition of issuing a permit, the board or office may
require an operator to have an inspection and certification of any new
environmental protection facility during its construction at a designated mining
operation. Any such rule or condition may include a prohibition on subsequent
phases of construction or operation until any required inspections have been
performed and the requisite certification has been obtained.
(b) (I) An inspection and certification shall be conducted by a properly
qualified professional.
(II) The office may be present during any inspection and certification
conducted pursuant to subparagraph (I) of this paragraph (b) and may require the
operator to take any corrective actions necessary to obtain and verify certification.
(III) Any inspection and certification conducted by or under the supervision of
the office shall be conducted promptly after the office is notified that the facility is
ready to be inspected and shall not unduly delay the construction or operation
schedule.
(5) (a) An application for an in situ leach mining operation shall include a
baseline site characterization and a plan for ongoing monitoring of the affected
land and affected surface and groundwater. Prior to submitting an application, the
prospective applicant shall confer with the office concerning the baseline
characterization and plan for ongoing monitoring of the affected land and affected
surface and groundwater. The board or the office may retain an independent third-party professional expert to oversee baseline site characterization, monitor field
operations, or review any portion of the information collected, developed, or
submitted by an applicant or prospective applicant pursuant to this subsection (5).
The prospective applicant shall pay the reasonable costs incurred by the board or
office and the expert selected by the board or office; except that the board or
office shall define the scope of work to be accomplished by the expert and shall
review and approve all invoices to be paid by the prospective applicant. The
prospective applicant may object to the selection of any such expert if the
prospective applicant has knowledge or information that the expert lacks the
professional qualifications to accomplish the scope of work, has a conflict of
interest with the prospective applicant or the project that will be the subject of the
application, or has a bias that could influence the objectivity of the work to be
accomplished. If the board or office concurs with the prospective applicant, a new
expert shall be selected by the board or office.
(b) Prior to submitting an application, a prospective applicant for in situ leach
mining shall design and conduct a scientifically defensible groundwater, surface
water, and environmental baseline characterization and monitoring plan for the
proposed mining operation. This plan shall be designed in such a manner as to:
(I) Thoroughly characterize premining site conditions;
(II) Detect any subsurface excursions of groundwater containing chemicals
used in or mobilized by in situ leach mining during the mining operations; and
(III) Evaluate the effectiveness of postmining reclamation and groundwater
reclamation plans.
(c) The design and operation of the baseline characterization and monitoring
plan for in situ leach mining, together with all information collected in accordance
with the plan, shall be a matter of public record regardless of whether such
activities are conducted pursuant to a notice of intent to conduct prospecting
operations under section 34-32-113.
(d) (I) Notwithstanding section 34-32-103 (6), in the case of in situ leach
mining, reclamation of groundwater shall begin in accordance with the reclamation
plan approved by the board immediately when either of the following occur:
(A) Detection pursuant to the baseline characterization and monitoring plan
approved by the board of any subsurface excursion of groundwater outside of the
affected land containing chemicals used in or mobilized by in situ leach mining
during the mining operations or groundwater outside of the affected land that
otherwise fails to meet the standards established in section 34-32-116 (8);
(B) Cessation of production operations.
(II) If the operator plans to cease operation on a temporary basis, the
operator shall notify the board at least thirty days prior to such temporary
cessation setting forth both the reasons for the temporary cessation and the
expected duration of the temporary cessation. The operator shall maintain a
groundwater monitoring and pumping regime satisfactory to the board during any
period of temporary cessation of operations. If, in the judgment of the board, the
expected duration of any temporary cessation will be of such length that the board
believes that groundwater reclamation should commence, it shall so order.