| 1 | 1 | | HOUSE BILL NO. 4528 A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 9115 (MCL 324.9115), as amended by 2017 PA 40, and by adding part 639. the people of the state of michigan enact: Sec. 9115. (1) Subject to subsection (2), a person engaged in the logging industry, the mining industry, or the plowing or tilling of land for the purpose of crop production or the harvesting of crops is not required to obtain a permit under this part. However, all earth changes associated with the activities listed in this section shall conform to the same standards as if they required a permit under this part. The exemption from obtaining a permit under this subsection does not include either of the following: (a) Access roads to and from the site where active mining or logging is taking place. (b) Ancillary activities associated with logging and mining. (2) This part does not apply to a metallic mineral mining activity that is regulated under a mining and reclamation plan under part 631, or 634, or 639 or a mining, reclamation, and environmental protection plan under part 632, if the plan contains soil erosion and sedimentation control provisions and is approved by the department under part 631, 632, 634, or 639, respectively. (3) A person is not required to obtain a permit from a county enforcing agency or a municipal enforcing agency for earth changes associated with well locations, surface facilities, flowlines, or access roads relating to oil or gas exploration and development activities regulated under part 615 or mineral well exploration and development activities regulated under part 625, if the application for a permit to drill and operate contains a soil erosion and sedimentation control plan that is approved by the department under part 615 or 625, respectively. However, those earth changes shall conform to the same standards as required for a permit under this part. This subsection does not apply to a multisource commercial hazardous waste disposal well as defined in section 62506a. (4) As used in this section, "mining" does not include the removal of clay, gravel, sand, peat, or topsoil unless authorized by a permit under part 639. PART 639. SAND AND GRAVEL MINING Sec. 63901. As used in this part: (a) "Administratively complete" describes an application for a mining permit that contains all of the documents and information required under this part. (b) "Contested case hearing" means a hearing under chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288. (c) "De minimis extraction" means extraction of sand and gravel that meets either of the following requirements: (i) Is conducted by or for a property owner for end use by that property owner on the same property, and not for resale or inclusion in any other commercial product. (ii) Does not exceed 5,000 cubic yards of sand and gravel during the life of the mine. (d) "Department" means the department of environment, Great Lakes, and energy. (e) "Fencing" means 4-foot-high woven wire farm fence or its equivalent. (f) "Historical or archaeological resource" means a structure or site that is any of the following: (i) A historic landmark included on the National Register of Historic Places under 54 USC 300101 to 307108, as of the effective date of this part. (ii) Listed on the state register of historic sites pursuant to the Governor John B. Swainson Michigan historical markers act, 1955 PA 10, MCL 399.151 to 399.160. (iii) Located in a historic district established by a local unit pursuant to the local historic districts act, 1970 PA 169, MCL 399.201 to 399.215, and recognized as a historic resource by the local unit of government pursuant to that act. (g) "In existence" or "existing" describes active or previously active mining areas that have not yet been fully reclaimed. (h) "Life of the mine" means the period of time from issuance of a mining permit through the completion of reclamation of the mine as required by this part. (i) "Mine" means a sand and gravel mine. (j) "Mining" means the extraction of sand and gravel and associated activities and operations within the mining area that are involved in bringing sand and gravel products to market, including, but not limited to, onsite loading, transport, and processing of material. (k) "Mining area" means an area comprising all of the following, whether or not below the water table: (i) Land from which material is removed in connection with the production or extraction, other than de minimis extraction, of sand and gravel by surface or open pit mining methods. (ii) Land where material from that mining is stored on the surface. (iii) Land on which processing plants and auxiliary facilities are located. (iv) Land on which water reservoirs used in mining are located. (v) Auxiliary land used in conjunction with mining. (l) "Mining permit" means a sand and gravel mining permit issued under section 63906. (m) "Operator" means a person engaged in or preparing to engage in mining or reclamation. (n) "Primary road" means a county primary road as described in section 5 of 1951 PA 51, MCL 247.655, or a state trunk line highway as described in section 1 of 1951 PA 51, MCL 247.651. (o) "Property line" means the exterior property line of all contiguous parcels owned or controlled by the operator, including easements, leasehold interests, options to lease, options to purchase, and rights of first offer or refusal. (p) "Sand and gravel" means sand or gravel, or both, that is excavated from natural deposits on or in the earth for commercial, industrial, or construction purposes. However, sand and gravel does not include clay; limestone or limestone products; sand mined for commercial or industrial purposes from sand dune areas regulated under part 637; or earth materials associated with extraction of coal regulated under part 635, nonferrous metallic minerals regulated under part 632, or ferrous minerals regulated under part 631. (q) "Sand and gravel products" means those products produced from the processing of sand and gravel and other materials, including, but not limited to, recycled materials and other materials obtained from off-site. (r) "Sand and gravel surveillance fund" means the sand and gravel surveillance fund created in section 63920. (s) "Sequence of mining" means the order in which the property will be mined and reclaimed. (t) "Stockpile" means material, including surface overburden, that in the process of mining has been removed from the earth and stored on the surface. Sec. 63902. (1) Subject to subsection (2) and notwithstanding section 63903, this part does not apply to either of the following unless the owner or operator elects to be subject to this part by submitting an application to the department under section 63904: (a) Mining authorized on or before the effective date of the amendatory act that added this section. (b) Mining of a mine that has a total sand and gravel deposit of 1,000,000 tons or less. (2) For purposes of this section, mining is considered authorized if either of the following applies: (a) It has received each required local permit for mining, zoning approval, or other governmental authorization. (b) It is not required to have obtained an authorization, described in subdivision (a), because of nonregulation or because the mining is a legal nonconforming use. Sec. 63903. This part preempts an ordinance, regulation, resolution, policy, practice, or master plan of a governmental authority created by the state constitution or statute or of a city, village, township, or county that prohibits or regulates mining, including, but not limited to, its location and development, or trucking activities of or relating to a mine, or that duplicates, modifies, extends, revises, contradicts, or conflicts with this part. A governmental authority created by the state constitution or statute or a city, village, township, or county shall not adopt, maintain, or enforce an ordinance, regulation, resolution, policy, practice, or master plan in relation to mining that duplicates, is different from, extends, revises, contradicts, is more strict than, or conflicts in any manner with this part. Sec. 63904. (1) Except for de minimis extraction or for activities exempt under section 63902, a person shall not engage in mining except as authorized by a mining permit. (2) To obtain a mining permit, a person shall submit an application to the department. The application shall contain the name and address of the applicant and the location, including a legal description and survey, of the proposed mining area. An application shall be submitted on a form and in a medium provided or approved by the department. (3) A mining permit application shall be accompanied, at a minimum, by all of the following: (a) An application fee of $5,000.00. The department shall forward the application fee to the state treasurer for deposit in the sand and gravel surveillance fund. (b) An environmental impact assessment for the proposed mining that describes the natural and human-made features, including, but not limited to, flora, fauna, hydrology, geology, and baseline conditions in the proposed mining area, and the potential impacts on those features from the proposed mining. (c) A mining and reclamation plan for the proposed mining operation that complies with section 63905. (d) Financial assurance as described in section 63913. Sec. 63905. A mining and reclamation plan required under section 63904 shall include all of the following: (a) A general description of materials, methods, and techniques that will be utilized for mining. (b) Plans for reclamation of the mining area following cessation of mining, including, but not limited to, a description of how reclamation will allow for use of the land after closure. (c) A general description of the sand and gravel deposit. (d) The proposed sequence of mining, including, but not limited to, proposed phasing, if applicable. (e) Surface overburden removal plans and a department-approved soil conservation plan. The soil conservation plan shall meet both of the following requirements: (i) Include steps for the conservation of topsoil. (ii) Consider land use after the cessation of mining, site conditions, and, to the extent practical, concurrent reclamation and soil conservation. (f) The proposed depth from grade level from which the sand and gravel will be removed. (g) Provisions for grading, revegetation, and stabilization that will minimize, to the extent practicable, soil erosion, sedimentation, noise, airborne dust, and public safety concerns. The provisions for grading shall include both of the following: (i) The reclaimed slopes of the banks of the excavation shall not be steeper than 3 feet horizontal to 1 foot vertical measured from the nearest setback line into any area disturbed by mining. (ii) Where open water with a maximum depth in excess of 5 feet results from mining, the reclaimed slope into the water shall not be steeper than 5 feet horizontal to 1 foot vertical, maintained and extended into the water to a depth of 5 feet. (h) A site plan that complies with all of the following: (i) The site plan shall show all of the following: (A) The proposed locations of buildings, equipment, stockpiles, roads, berms, or other features necessary for mining and includes provisions for their removal and for reclamation of the area following cessation of mining. (B) The location of each residential building within 500 feet of the proposed mine. (ii) A mining area shall be located not less than 50 feet from the nearest public roadway or adjoining property line. (iii) Equipment used for screening and crushing shall be located as follows: (A) Not less than 200 feet from the nearest public roadway. (B) Not less than 300 feet from the nearest adjoining property line. (C) Not less than 500 feet from the nearest residential building occupied on adjacent property on the date the mining and reclamation plan is submitted to the department. (iv) The site plan shall describe the proposed primary routes to be used to transport sand and gravel from the mining area to a primary road, other than for local deliveries. (v) The operator shall maintain on the boundaries of the mining area outward facing signage, spaced no greater than every 200 feet, specifying "No Trespassing - Mining Area". (vi) A stockpile shall not exceed the higher of 70 feet above the ground surface at the location of the stockpile or 40 feet higher than the elevation of the adjoining property at the nearest property line. This subparagraph does not apply to screening berms. (vii) An active mining area shall be screened from view from adjoining properties to the extent reasonably practicable. The screening shall be accomplished by using overburden, to the extent available, to construct berms of up to 6 feet in height along adjoining property boundaries, unless the applicant requests and the department approves a different method of screening. The department may require berms visible to the public to be landscaped with grass or trees to the extent reasonably practicable. (i) The interim use or uses of reclaimed areas before the cessation of all mining. (j) If required by the department when the mining area will present a dangerous condition if left open, a proposal specifying fencing or other techniques to minimize trespass or unauthorized access to the mining area. (k) If a threatened or endangered species is actually identified within the mining area, a description of how the threatened or endangered species will be protected or of the mitigation measures that will be performed, in compliance with part 365 and rules promulgated thereunder and the endangered species act of 1973, 16 USC 1531 to 1544, and rules promulgated thereunder. (l) If a historical or archaeological resource is identified in the mining area, an indication of how the historical or archaeological resource will be protected or of the mitigation measures that will be performed in compliance with applicable law. (m) A description of measures to be implemented to ensure the following: (i) That all mined material disposed of within the mining area or any area to be reclaimed under the mining permit will not result in an unauthorized release of pollutants to surface drainage. (ii) That an unauthorized release of pollutants to groundwater will not occur from any material mined, handled, or disposed of within the mining area. (iii) That existing groundwater contamination, if any, will not be exacerbated. (n) A description of measures to be implemented to ensure that the mining does not create dust, noise, or ground vibration in excess of the following standards: (i) For dust control, the standards required pursuant to any applicable general or individual air permit issued pursuant to part 55 or federal law. (ii) For noise levels, the 8-hour time-weighted average sound pressure level in decibels measured at the common property line nearest to the area of active mining on a sound level meter using the A-weighting network shall not exceed the greater of the following: (A) 20 dB(A) above background levels. (B) For residentially zoned adjacent property, 75 A-weighted decibels; for commercially zoned adjacent property, 85 A-weighted decibels; and for adjacent property in any other zoning classification, including, but not limited to, industrial, 90 A-weighted decibels. (iii) For ground vibration, a displacement of 0.10 inches measured anywhere outside of the property line resulting from the operation of stationary machinery or equipment. (o) A description of measures to be implemented to ensure that blasting activity, if any, does not create any of the following at a residential building: (i) Ground vibration in excess of that set forth in United States Bureau of Mines Reports, RI 8507, Figure B-1 "Safe levels of blasting vibrations for houses using a combination of velocity and displacement". (ii) Air blast in excess of 133 decibels. (iii) Unreasonable dust or noise. (p) A description of all explosives that are intended to be used, stored, or handled on-site. Explosives shall be used, stored, and handled only in accordance with part 55 "Explosives and Blasting Agents" of the department of labor and economic opportunity's "General Industry Safety and Health Standards". (q) A description of customer truck loading hours. Customer truck loading is permitted from at least 6 a.m. to 7 p.m. local time, Monday through Friday and from at least 6 a.m. to 5 p.m., local time, on Saturday, except to the extent additional hours are specifically approved by the department or required by state or county contract. All other regulated mining operations must be completed within the same hours of loading and unloading, unless specifically approved by the local unit of government. This subdivision does not apply to either of the following: (i) Maintenance operations. (ii) The loading of railroad cars or ships. (r) A description of proposed lighting at the mining area. (s) A description of the proposed primary haul routes between the mining area and a primary road, and the anticipated impact, if any, of the operator's use of the haul routes on vehicle and pedestrian safety and on the condition of the haul routes. If a mining operation requires the use of a road other than a class A road, the department may request that the operator collaborate with the county road commission to determine a route from the mining area to a class A road. The route shall be reasonably direct to accommodate customary mining operations, including, but not limited to, trucking operations. (t) A description of the processing activities proposed to be conducted on-site, such as washing, screening, crushing, and blending of sand, gravel, and other materials, including, but not limited to, recycled materials and other materials obtained from off-site, to create sand and gravel products. (u) A description of comprehensive general liability insurance covering third party personal injury and property damage. The operator shall maintain such insurance throughout the life of the mine in amounts not less than $1,000,000.00 per occurrence. Sec. 63906. (1) Subject to subsection (2), effective 14 days after the department receives a mining permit application, the application is considered to be administratively complete. When the application is administratively complete, the department shall notify the applicant in writing. (2) If, before the expiration of the 14-day period under subsection (1), the department notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that the application fee has not been paid, specifying the amount due, the running of the 14-day period under subsection (1) is tolled until the applicant submits to the department the specified information or fee amount due. The notice shall be given in writing. A determination that an application is administratively complete does not preclude the department from requiring additional information from the applicant. (3) Within 42 days after an administratively complete application is received by the department, the department shall do all of the following: (a) Publish a public notice of the application in a newspaper of general circulation in the area of the proposed mine. (b) Transmit a copy of the public notice to the applicant and to the supervisor or manager of the township or chief administrative officer of the city or village where the mine is proposed to be located. (c) Post the public notice on the department's website and make the notice available at the department's office in Lansing and its district office for the district that includes the proposed mining area. The department shall maintain the posting and continue to make the notice available until the application is granted or denied. (4) The department shall transmit a copy of the notice under subsection (3) to a person upon written request. (5) The notice under subsection (3) shall contain all of the following information: (a) The date of publication of the notice. (b) The address and telephone number of the department's office in Lansing and the department district office of the district that includes the location of the proposed mining area. (c) The name and address of the applicant. (d) A concise description of the applicant's proposed use. (e) The location of the proposed mining area identified in the application. (f) A concise description of the department's procedures to arrive at a decision to grant or deny the mining permit application. (g) Information on the public comment period under subsection (6) and any other means by which interested persons may comment, in writing, on the application. (h) The address and telephone number of the department office where more information about or a copy of the application may be obtained and where any other applicable related documents may be inspected or copied. (6) Not later than 30 days after the notice is published under subsection (3), a person may submit written comments on the application to the department. The department may extend the time for public comment for not more than 30 days if the department determines that an extension of time is necessary to facilitate additional public comment. (7) In making a final determination on the application, the department shall consider written comments submitted to the department as provided under subsections (5)(g) and (6). The department shall retain the comments for at least 1 year after making a final determination on the application. (8) If the department determines that 1 or more of the public comments described in subsection (7) constitute sufficient cause or that there is sufficient public interest in an application, the department may conduct a public hearing on the application in the county where the mining area is proposed to be located. The department shall give notice of the public hearing not fewer than 5 or more than 28 days before the date of the public hearing. The notice shall specify the time and place of the public hearing and shall include information on how to review a copy of the application. The notice shall be given in writing to the city, village, or township and the county where the mining area is proposed to be located. The department shall accept written public comment on the application for 15 days after the public hearing. (9) At the expiration of the public comment period under subsection (8), or, if there is no public hearing under subsection (8), the public comment period under subsection (6), the department shall issue a report summarizing all comments received and providing the department's response to the comments. The department shall post the report on the department's website and make the report available at the department's office in Lansing and its district office for the district that includes the proposed the mining area. (10) Within 15 days after the expiration of the public comment period under subsection (8), or, if there is no public hearing under subsection (8), the public comment period under subsection (6), and not more than 180 days after the date the department determines that the mining permit application is administratively complete, the department shall do 1 of the following: (a) Subject to subdivision (b), grant the application and issue the mining permit if the department determines all of the following: (i) The application and any relevant additional information obtained by the department demonstrate that the proposed mining meets the requirements of this part. (ii) The proposed mining will not pollute, impair, or destroy the air, water, or other natural resources or the public trust in natural resources, in accordance with part 17. In making this determination, the department shall take into account the extent to which other permit determinations and conditions protect those natural resources. For the purposes of this subsection, excavation and removal of sand and gravel and of associated overburden, in and of itself, does not constitute pollution, impairment, or destruction of natural resources or the public trust in natural resources. (iii) The reclamation set forth in the mining and reclamation plan is consistent with or can be made consistent with the master plan of the city, village, or township where the mine is proposed to be located, to the extent that the master plan complies with section 63903. In granting the application, the department shall modify the proposed reclamation set forth in the mining and reclamation plan as the department determines is necessary to make the reclamation consistent with the master plan, to the extent that the master plan complies with section 63903. (b) Deny the application and notify the applicant in writing of the reasons for the denial. The department shall deny the application if the requirements of subdivision (a) are not met. In addition, the department may deny the application if the department determines that the operator or proposed operator is in violation of this part, an order issued by the department under this part, or a mining permit. However, the department shall not deny the application because of such a violation if the person has corrected the violation or has agreed in writing to correct the violation pursuant to an administrative consent agreement containing a compliance schedule approved by the department. (11) Terms and conditions that are set forth in the mining permit application and the mining and reclamation plan and that are approved by the department are considered to be incorporated in the mining permit. (12) The issuance of a mining permit does not amend the underlying zoning or the master plan, to the extent that the underlying zoning or master plan complies with section 63903. Sec. 63907. (1) A mining permit issued by the department is valid for the life of the mine. However, the department may revoke a mining permit if the operator does not commence construction of plant facilities or mining covered by the mining permit within 10 years after the date the mining permit is issued. (2) A mining permit may be transferred with approval of the department, subject to this subsection and subsections (3) and (4). The person seeking to acquire the mining permit shall submit a request for transfer of the mining permit to the department on a form and in a medium provided or approved by the department. The person acquiring the mining permit shall accept the conditions of that mining permit and adhere to the requirements of the approved mining and reclamation plan. (3) The department may deny a request to transfer a mining permit if the department determines that the proposed transferee is in violation of this part, an order issued by the department under this part, or a mining permit. However, the department shall not deny the request because of such a violation if the person has corrected the violation or has agreed in writing to correct the violation pursuant to an administrative consent agreement containing a compliance schedule approved by the department. (4) If the operator has been notified by the department of a violation of this part or the mining permit at the mining area involved in the transfer, the mining permit shall not be transferred until the operator has corrected the violation or the person acquiring the mining permit has entered into a written agreement with the department to correct the violation. (5) The operator may submit to the department a written request to amend a mining permit. Upon receipt of the request, the department shall determine if the requested amendment is a significant change in the conditions of the mining permit. If the department determines that the requested amendment is a significant change, the department may submit the request to the same review process as provided in section 63906. If the department denies the request, the department shall notify the operator in writing of the reasons for the denial. If the department determines that the requested amendment does not constitute a significant change in the conditions of the mining permit, the department shall approve the request and notify the operator in writing. Sec. 63908. (1) For purposes of surveillance, monitoring, administration, and enforcement of this part, the department shall assess against the operator of a mine permitted under this part a mining surveillance fee on the sand and gravel products sold during the calendar year. (2) Revenue from mining surveillance fees shall not exceed the actual costs to the department of implementing this part. The department shall forward mining surveillance fee revenue to the state treasurer for deposit in the sand and gravel surveillance fund. The total amount of revenue to be raised with the mining surveillance fees during a fiscal year shall be determined by subtracting the amount of unexpended money in the fund that is carried over to that fiscal year under section 63920(3) from the amount appropriated for that fiscal year for surveillance, monitoring, administration, and enforcement under this part. The department shall divide the total amount of revenue to be raised with the mining surveillance fees by the number of tons of sand and gravel sold in this state for the preceding calendar year as reported by all operators under subsection (3). The fee amount per ton shall be the lesser of this quotient and 5 cents per ton. (3) An operator shall file a report of sand and gravel sales by February 15 of each year. The report shall specify the number of tons of sand and gravel products sold from each of the operator's sand and gravel mines from January 1 through December 31 of the immediately preceding year. (4) The amount of the mining surveillance fee owed by an operator is the product of the amount per ton determined under subsection (2) and the total number of tons required to be reported by that operator under subsection (3). Payment of the mining surveillance fee is due by 30 days after the department sends written notice to the operator of the amount due. If the department receives the mining surveillance fee after the due date, the fee shall include a penalty of an additional 10%. (5) The department may order an operator to suspend mining if the operator does not submit an annual report in compliance with subsection (3). (6) An operator shall preserve for 2 years the records on which the annual report of sales under subsection (3) is based. The records are subject to audit by the department. (7) The surveillance fee and annual report required by this section and the records on which the annual report is based are confidential and exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, except with the written consent of the operator or pursuant to court order. Sec. 63909. The department, if requested by an operator, may grant a modification of the provisions of this part if the department determines that the modification is not contrary to the public interest. If the department determines that the requested modification has significant potential impact to public health or safety, the environment, or natural resources, the department shall provide for public notice and comments and a public hearing in the same manner as provided in section 63906 for a mining permit application. Sec. 63910. (1) The department shall administer and enforce this part. (2) After giving reasonable notice to the operator or landowner, the department may enter a mining area of a mine permitted or required to be permitted under this part for an investigation and inspection without incurring liability to the operator or landowner. Sec. 63911. By the first June 1 immediately after a mining permit is issued, an operator shall file with the department a plan map of the mining area. The map shall be drawn to a scale of 1 inch equals 200 feet and be in the form specified by the department. Annually thereafter, by June 1, the operator shall file a plan map in the same scale and form showing any changes made during the preceding calendar year and the portion of the mining area that the operator anticipates will be subjected to active mining during the current calendar year. Sec. 63912. (1) The operator of a mine permitted under this part shall file with the department a mining and reclamation report on or before June 1 of each year, during the life of the mine. The mining and reclamation report shall contain all of the following: (a) A description of the status of mining and reclamation, including, but not limited to, revised drawings or photographs depicting the progress of mining and reclamation, as applicable, for the preceding year. (b) A list of the incident reports required under subsection (2) for the preceding calendar year. (c) A description of the annual financial assurance update required under section 63913. (2) The operator of a mine permitted under this part shall promptly report to the department any incident or act of nature at a mining area or violation of a mining permit that has created, or may create, a threat to the public health or safety, the environment, or natural resources. (3) An operator shall preserve for 2 years records on which the reports under subsection (1) or (2) are based and shall make the records available to the department upon request. Sec. 63913. (1) The operator of a mine permitted under this part shall maintain financial assurance during mining until the department determines that all reclamation has been completed, except that financial assurance shall be released immediately upon termination of a mining permit under section 63907(1). The financial assurance shall consist, at the option of the operator and subject to the approval of the department, of a performance bond, surety, escrow, cash, certificate of deposit, irrevocable letter of credit, or other equivalent security, or any combination thereof. The department may waive the requirement for financial assurance if the operator annually submits a statement of financial responsibility demonstrating to the satisfaction of the department that the applicant has sufficient financial resources, apart from the proposed mining activity, to satisfy the reclamation requirements under this part. (2) The financial assurance required under subsection (1) shall be in an amount, as determined by the department, of not less than $3,000.00 or more than $8,000.00, per acre of area disturbed and not yet reclaimed, excluding roadways and open water areas that will remain open water after completion of reclamation. (3) The operator shall annually update the amount of financial assurance or statement of financial responsibility maintained or submitted by the operator under subsection (1) to account for any increase in the number of acres described in subsection (2). The operator may annually update the amount of financial assurance or statement of financial responsibility to account for any decrease in the number of such acres. Sec. 63914. (1) If mining at a mine permitted under this part is suspended for a continuous period exceeding 1 year, the operator shall maintain, monitor, and secure the mining area. (2) The operator of a mine permitted under this part shall conduct reclamation activities at the mining area in compliance with the approved mining and reclamation plan. Reclamation may be conducted concurrently with mining to the extent practicable. (3) The operator shall begin final reclamation of the mining area within 1 year after the date of cessation of mining, or a longer period if approved by the department. The operator shall complete reclamation within the time set forth in the approved mining and reclamation plan. (4) Once initiated, final reclamation shall be performed to completion. However, final reclamation may be suspended if the owner or operator resumes exploration or mining. Sec. 63915. (1) A person who is aggrieved by an order, action, or inaction of the department under this part, including, but not limited to, the issuance, denial, termination, revocation, or amendment of a mining permit, or aggrieved by the operation of a mine may file a petition with the department requesting a contested case hearing. The filing of the petition is the aggrieved person's sole recourse. The department may reject as untimely a petition filed more than 90 days after an order, action, or inaction of the department by which the petitioner is aggrieved. (2) The department shall provide notice by mail of a contested case hearing under subsection (1) to all of the following: (a) The person requesting the contested case hearing. (b) The operator or mining permit applicant. (c) Other affected parties. Sec. 63916. (1) If the department determines that an operator has violated this part or a mining permit, the department shall require the operator to correct the violation. (2) If the department determines that a violation of this part or a mining permit is resulting in an imminent and substantial endangerment to the public health or safety, the environment, or natural resources, the department shall take action necessary to abate or eliminate the endangerment. The action may include 1 or more of the following: (a) Revoking the mining permit. (b) Issuing an order to the operator to immediately suspend mining. For the purposes of enforcement under this subdivision, imminent and substantial endangerment includes failure to do either of the following: (i) Submit an annual report as required by section 63908. (ii) Maintain financial assurance under section 63913. (c) Issuing an order to the operator to undertake such other actions as may be necessary to abate or eliminate the endangerment. (3) Before taking action under this section to suspend mining or revoke a mining permit, or to otherwise prevent the continuation of mining, the department shall give the operator written notice, by certified mail, of the alleged violation and a reasonable period of time to correct the alleged violation. The department shall provide the operator an opportunity for a contested case hearing conducted by the state geologist. (4) An order suspending mining activities under subsection (2)(b) remains in effect until the endangerment to the public health or safety, the environment, or natural resources is eliminated, but not more than 10 days. If the endangerment continues, the state geologist may, by order issued after providing an opportunity for a contested case hearing conducted by the state geologist, extend the suspension beyond 10 days. The total duration of the suspension of mining activities shall not be more than 30 days, unless again extended by order of the state geologist following an opportunity for a contested case hearing conducted by the state geologist or extended by an administrative consent agreement. The department shall provide notice of a contested case hearing under this subsection by certified mail, return receipt requested, not less than 10 days before the hearing date, to other interested persons whose notification the state geologist considers necessary and appropriate. (5) If the operator or a surety under section 63913 fails or neglects to correct a violation of this part or a mining permit or take corrective actions as specified under an order of the department, the department may, beginning 24 hours after giving written notice to the operator and surety, enter the mining area and any private or public property necessary to reach the mining area, correct the violation, and remediate any damage to the public health or safety, the environment, or natural resources resulting from the violation. The operator and surety are jointly and severally liable for expenses so incurred by the department. The operator or surety shall pay the expenses within 30 days after being notified of the amount. If the expenses are not timely paid, the department may bring an action against the operator or surety, jointly or severally, for the recovery of the expenses. This part does not limit the department's authority to take whatever response activities it determines necessary to protect public health or safety, the environment, or natural resources. (6) The revocation of a mining permit or suspension of mining under subsection (2) does not relieve an operator of the responsibility to complete reclamation, maintain financial assurance under section 63913, and undertake appropriate measures to protect the public health or safety, the environment, or natural resources. (7) If the department receives a complaint alleging a violation of this part or a mining permit, the department shall make a record of the complaint and the allegations included in the complaint. If the person making the complaint provides written evidence sufficient to support the allegations included in the complaint, as determined by the department, the department shall immediately notify the operator of the complaint and provide the operator with a copy of the complaint, the record, and all written evidence. The department shall give the operator an opportunity to rebut the complaint and any supporting evidence. The department shall take steps that it considers necessary to confirm the evidence provided by the operator in rebuttal. If the department determines that the complaint has been rebutted, it shall dismiss the complaint and notify the complainant and operator of the dismissal. If the complaint is not dismissed, the department shall do all of the following: (a) Conduct an inspection of the mining operation to investigate the allegations not more than 5 business days after receipt of the complaint. If the complaint or allegations are of a highly serious nature, as determined by the department, the department shall inspect the mining operation as quickly as possible. (b) Not more than 15 business days after completing an investigation of the complaint, submit a written report of the complaint and the results of the investigation to the operator and the person who made the complaint. At a minimum, the written report shall state whether the investigation identified a violation of this part or a mining permit. (8) If the department dismisses a complaint and the department previously dismissed a complaint by the same complainant with respect to the same operator and mining operation, the complainant is liable to the department for the full costs incurred by the department to investigate the subsequent complaint. Sec. 63917. (1) The department may request the attorney general to commence a civil action for appropriate relief, including, but not limited to, a permanent or temporary injunction, for a violation of this part, a mining permit, or an order issued under this part. Before requesting the attorney general to commence a civil action or before the attorney general commences a civil action at the attorney general's own initiative, the department must provide the operator an opportunity for a contested case hearing. The court has jurisdiction to restrain the violation and to require compliance. In addition to any other relief granted under this subsection, the court may impose a civil fine of not more than $1,000.00 per day of violation. (2) Upon a finding by the court that an operator violated this part, a mining permit, or an order issued under this part and, subject to subsection (6), that the violation poses or posed a substantial endangerment to public health or safety, the court may impose, in addition to the sanctions set forth in subsection (1), a civil fine of not less than $50,000.00 and not more than $1,000,000.00. (3) The attorney general may file a civil action to recover, in addition to a fine, the full value of the damages to the environment and natural resources of this state and the costs of surveillance and enforcement incurred by this state as a result of the violation. (4) A person who intentionally makes a false statement, representation, or certification in an application for a mining permit, a form pertaining to a mining permit, or a notice or report required by a mining permit, knowing it to be false, is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not less than $2,500.00 or more than $25,000.00, or both, for each violation. If the conviction is for a violation committed after a first conviction of the person under this subsection, the court shall impose a fine of not less than $25,000.00 per day and not more than $50,000.00 per day of violation. Knowledge possessed by a person other than the defendant under this subsection shall not be attributed to the defendant unless the defendant took substantial affirmative steps to shield himself or herself from the relevant information. (5) Subject to subsection (6), upon a finding by the court that a violation described in subsection (4) poses or posed a substantial endangerment to public health or safety, the court may impose, in addition to the penalties set forth in subsection (4), a sentence of imprisonment for not more than 1 year or a fine of not more than $500,000.00, or both. (6) To find a defendant civilly or criminally liable for substantial endangerment under subsection (2) or (5), the court must determine that the defendant knowingly acted in such a manner as to cause a danger of death or serious bodily injury and that the defendant had an actual awareness, belief, or understanding that his or her conduct would cause a substantial danger of death or serious bodily injury. (7) A civil fine or other civil recovery under this section is payable to this state and shall be credited to the general fund. The fine or other civil recovery constitutes a lien on any property of any kind owned by the defendant. (8) A lien under subsection (7) is effective and has priority over all other liens and encumbrances, except those filed or recorded before the date of judgment, but only if notice of the lien is filed or recorded as required by state or federal law. (9) A lien filed or recorded as described in subsection (8) shall be terminated pursuant to the procedures required by state or federal law within 14 days after the fine or other recovery ordered to be paid is paid. Sec. 63918. (1) A mine or mining is not a public or private nuisance if both of the following apply: (a) A mining permit has been issued for the mine or mining under section 63906. (b) The mine or mining is not determined in an action under section 63917 to be in violation of this part. (2) Subsection (1) applies notwithstanding any of the following: (a) A change in any of the following: (i) The ownership of the mine. (ii) The size of the mine. (iii) The size of the community where the mine is located. (b) Temporary cessation or interruption of mining. (c) Enrollment of the mine or mining or the mine operator in governmental programs. (d) Adoption of new mining technology. (e) A change in the type of sand and gravel product being produced. (f) A change in the land use or occupancy of land within 1 mile of the boundaries of the mine if, before that change in land use or occupancy, the mine or mining would not have been a nuisance with respect to the use and occupancy of the land. Sec. 63919. The circuit court for Ingham County has exclusive jurisdiction over all of the following: (a) An appeal from the final decision or order made in a proceeding instituted by an aggrieved person under section 63915. (b) An action under section 63916(5) or 63917(1) to (3). (c) Any other claim relating to the issuance of, or operation under, a mining permit applied for or issued under this part. (d) Proceedings under section 63917(4) to (5), except for arraignment or the issuance of a criminal complaint or warrant. Sec. 63920. (1) The sand and gravel surveillance fund is created within the state treasury. (2) The state treasurer shall deposit fees paid under this part into the fund. The state treasurer may receive money or other assets from any other source for deposit into the fund. The state treasurer shall direct the investment of money in the fund and credit to the fund interest and earnings from the investments. (3) Unexpended money in the fund at the close of the fiscal year shall remain in the fund and be carried over to the succeeding fiscal year. (4) The department shall administer the fund for auditing purposes. (5) The department shall expend money from the fund, upon appropriation, only for the actual cost of surveillance, monitoring, administration, and enforcement under this part. Sec. 63921. An operator is liable to a city, a village, or the county road commission for damage caused by the operator's trucks to a city street, village street, or county road, respectively, that is a haul route between the mining operation and a primary road. Sec. 63922. This part applies to all mining permit applications submitted to the department after the effective date of this section, including, but not limited to, applications formerly submitted to any local government referenced in section 63903 notwithstanding the previous administrative or judicial disposition of such mining permit applications. Sec. 63923. The department may promulgate rules necessary to implement this part pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: (a) Senate Bill No.____ or House Bill No. 4526 (request no. 01555'23 a **). (b) Senate Bill No.____ or House Bill No. 4527 (request no. 01555'23 b **). |
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| 25 | 25 | | HOUSE BILL NO. 4528 |
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| 26 | 26 | | |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1994 PA 451, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Natural resources and environmental protection act," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending section 9115 (MCL 324.9115), as amended by 2017 PA 40, and by adding part 639. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 9115. (1) Subject to subsection (2), a person engaged in the logging industry, the mining industry, or the plowing or tilling of land for the purpose of crop production or the harvesting of crops is not required to obtain a permit under this part. However, all earth changes associated with the activities listed in this section shall conform to the same standards as if they required a permit under this part. The exemption from obtaining a permit under this subsection does not include either of the following: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) Access roads to and from the site where active mining or logging is taking place. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) Ancillary activities associated with logging and mining. |
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| 42 | 42 | | |
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| 43 | 43 | | (2) This part does not apply to a metallic mineral mining activity that is regulated under a mining and reclamation plan under part 631, or 634, or 639 or a mining, reclamation, and environmental protection plan under part 632, if the plan contains soil erosion and sedimentation control provisions and is approved by the department under part 631, 632, 634, or 639, respectively. |
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| 44 | 44 | | |
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| 45 | 45 | | (3) A person is not required to obtain a permit from a county enforcing agency or a municipal enforcing agency for earth changes associated with well locations, surface facilities, flowlines, or access roads relating to oil or gas exploration and development activities regulated under part 615 or mineral well exploration and development activities regulated under part 625, if the application for a permit to drill and operate contains a soil erosion and sedimentation control plan that is approved by the department under part 615 or 625, respectively. However, those earth changes shall conform to the same standards as required for a permit under this part. This subsection does not apply to a multisource commercial hazardous waste disposal well as defined in section 62506a. |
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| 46 | 46 | | |
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| 47 | 47 | | (4) As used in this section, "mining" does not include the removal of clay, gravel, sand, peat, or topsoil unless authorized by a permit under part 639. |
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| 48 | 48 | | |
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| 49 | 49 | | PART 639. SAND AND GRAVEL MINING |
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| 50 | 50 | | |
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| 51 | 51 | | Sec. 63901. As used in this part: |
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| 52 | 52 | | |
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| 53 | 53 | | (a) "Administratively complete" describes an application for a mining permit that contains all of the documents and information required under this part. |
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| 54 | 54 | | |
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| 55 | 55 | | (b) "Contested case hearing" means a hearing under chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288. |
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| 56 | 56 | | |
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| 57 | 57 | | (c) "De minimis extraction" means extraction of sand and gravel that meets either of the following requirements: |
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| 58 | 58 | | |
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| 59 | 59 | | (i) Is conducted by or for a property owner for end use by that property owner on the same property, and not for resale or inclusion in any other commercial product. |
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| 60 | 60 | | |
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| 61 | 61 | | (ii) Does not exceed 5,000 cubic yards of sand and gravel during the life of the mine. |
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| 62 | 62 | | |
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| 63 | 63 | | (d) "Department" means the department of environment, Great Lakes, and energy. |
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| 64 | 64 | | |
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| 65 | 65 | | (e) "Fencing" means 4-foot-high woven wire farm fence or its equivalent. |
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| 66 | 66 | | |
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| 67 | 67 | | (f) "Historical or archaeological resource" means a structure or site that is any of the following: |
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| 68 | 68 | | |
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| 69 | 69 | | (i) A historic landmark included on the National Register of Historic Places under 54 USC 300101 to 307108, as of the effective date of this part. |
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| 70 | 70 | | |
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| 71 | 71 | | (ii) Listed on the state register of historic sites pursuant to the Governor John B. Swainson Michigan historical markers act, 1955 PA 10, MCL 399.151 to 399.160. |
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| 72 | 72 | | |
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| 73 | 73 | | (iii) Located in a historic district established by a local unit pursuant to the local historic districts act, 1970 PA 169, MCL 399.201 to 399.215, and recognized as a historic resource by the local unit of government pursuant to that act. |
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| 74 | 74 | | |
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| 75 | 75 | | (g) "In existence" or "existing" describes active or previously active mining areas that have not yet been fully reclaimed. |
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| 76 | 76 | | |
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| 77 | 77 | | (h) "Life of the mine" means the period of time from issuance of a mining permit through the completion of reclamation of the mine as required by this part. |
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| 78 | 78 | | |
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| 79 | 79 | | (i) "Mine" means a sand and gravel mine. |
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| 80 | 80 | | |
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| 81 | 81 | | (j) "Mining" means the extraction of sand and gravel and associated activities and operations within the mining area that are involved in bringing sand and gravel products to market, including, but not limited to, onsite loading, transport, and processing of material. |
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| 82 | 82 | | |
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| 83 | 83 | | (k) "Mining area" means an area comprising all of the following, whether or not below the water table: |
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| 84 | 84 | | |
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| 85 | 85 | | (i) Land from which material is removed in connection with the production or extraction, other than de minimis extraction, of sand and gravel by surface or open pit mining methods. |
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| 86 | 86 | | |
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| 87 | 87 | | (ii) Land where material from that mining is stored on the surface. |
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| 88 | 88 | | |
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| 89 | 89 | | (iii) Land on which processing plants and auxiliary facilities are located. |
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| 90 | 90 | | |
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| 91 | 91 | | (iv) Land on which water reservoirs used in mining are located. |
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| 92 | 92 | | |
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| 93 | 93 | | (v) Auxiliary land used in conjunction with mining. |
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| 94 | 94 | | |
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| 95 | 95 | | (l) "Mining permit" means a sand and gravel mining permit issued under section 63906. |
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| 96 | 96 | | |
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| 97 | 97 | | (m) "Operator" means a person engaged in or preparing to engage in mining or reclamation. |
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| 98 | 98 | | |
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| 99 | 99 | | (n) "Primary road" means a county primary road as described in section 5 of 1951 PA 51, MCL 247.655, or a state trunk line highway as described in section 1 of 1951 PA 51, MCL 247.651. |
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| 100 | 100 | | |
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| 101 | 101 | | (o) "Property line" means the exterior property line of all contiguous parcels owned or controlled by the operator, including easements, leasehold interests, options to lease, options to purchase, and rights of first offer or refusal. |
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| 102 | 102 | | |
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| 103 | 103 | | (p) "Sand and gravel" means sand or gravel, or both, that is excavated from natural deposits on or in the earth for commercial, industrial, or construction purposes. However, sand and gravel does not include clay; limestone or limestone products; sand mined for commercial or industrial purposes from sand dune areas regulated under part 637; or earth materials associated with extraction of coal regulated under part 635, nonferrous metallic minerals regulated under part 632, or ferrous minerals regulated under part 631. |
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| 104 | 104 | | |
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| 105 | 105 | | (q) "Sand and gravel products" means those products produced from the processing of sand and gravel and other materials, including, but not limited to, recycled materials and other materials obtained from off-site. |
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| 106 | 106 | | |
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| 107 | 107 | | (r) "Sand and gravel surveillance fund" means the sand and gravel surveillance fund created in section 63920. |
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| 108 | 108 | | |
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| 109 | 109 | | (s) "Sequence of mining" means the order in which the property will be mined and reclaimed. |
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| 110 | 110 | | |
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| 111 | 111 | | (t) "Stockpile" means material, including surface overburden, that in the process of mining has been removed from the earth and stored on the surface. |
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| 112 | 112 | | |
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| 113 | 113 | | Sec. 63902. (1) Subject to subsection (2) and notwithstanding section 63903, this part does not apply to either of the following unless the owner or operator elects to be subject to this part by submitting an application to the department under section 63904: |
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| 114 | 114 | | |
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| 115 | 115 | | (a) Mining authorized on or before the effective date of the amendatory act that added this section. |
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| 116 | 116 | | |
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| 117 | 117 | | (b) Mining of a mine that has a total sand and gravel deposit of 1,000,000 tons or less. |
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| 118 | 118 | | |
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| 119 | 119 | | (2) For purposes of this section, mining is considered authorized if either of the following applies: |
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| 120 | 120 | | |
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| 121 | 121 | | (a) It has received each required local permit for mining, zoning approval, or other governmental authorization. |
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| 122 | 122 | | |
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| 123 | 123 | | (b) It is not required to have obtained an authorization, described in subdivision (a), because of nonregulation or because the mining is a legal nonconforming use. |
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| 124 | 124 | | |
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| 125 | 125 | | Sec. 63903. This part preempts an ordinance, regulation, resolution, policy, practice, or master plan of a governmental authority created by the state constitution or statute or of a city, village, township, or county that prohibits or regulates mining, including, but not limited to, its location and development, or trucking activities of or relating to a mine, or that duplicates, modifies, extends, revises, contradicts, or conflicts with this part. A governmental authority created by the state constitution or statute or a city, village, township, or county shall not adopt, maintain, or enforce an ordinance, regulation, resolution, policy, practice, or master plan in relation to mining that duplicates, is different from, extends, revises, contradicts, is more strict than, or conflicts in any manner with this part. |
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| 126 | 126 | | |
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| 127 | 127 | | Sec. 63904. (1) Except for de minimis extraction or for activities exempt under section 63902, a person shall not engage in mining except as authorized by a mining permit. |
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| 128 | 128 | | |
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| 129 | 129 | | (2) To obtain a mining permit, a person shall submit an application to the department. The application shall contain the name and address of the applicant and the location, including a legal description and survey, of the proposed mining area. An application shall be submitted on a form and in a medium provided or approved by the department. |
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| 130 | 130 | | |
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| 131 | 131 | | (3) A mining permit application shall be accompanied, at a minimum, by all of the following: |
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| 132 | 132 | | |
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| 133 | 133 | | (a) An application fee of $5,000.00. The department shall forward the application fee to the state treasurer for deposit in the sand and gravel surveillance fund. |
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| 134 | 134 | | |
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| 135 | 135 | | (b) An environmental impact assessment for the proposed mining that describes the natural and human-made features, including, but not limited to, flora, fauna, hydrology, geology, and baseline conditions in the proposed mining area, and the potential impacts on those features from the proposed mining. |
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| 136 | 136 | | |
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| 137 | 137 | | (c) A mining and reclamation plan for the proposed mining operation that complies with section 63905. |
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| 138 | 138 | | |
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| 139 | 139 | | (d) Financial assurance as described in section 63913. |
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| 140 | 140 | | |
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| 141 | 141 | | Sec. 63905. A mining and reclamation plan required under section 63904 shall include all of the following: |
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| 142 | 142 | | |
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| 143 | 143 | | (a) A general description of materials, methods, and techniques that will be utilized for mining. |
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| 144 | 144 | | |
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| 145 | 145 | | (b) Plans for reclamation of the mining area following cessation of mining, including, but not limited to, a description of how reclamation will allow for use of the land after closure. |
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| 146 | 146 | | |
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| 147 | 147 | | (c) A general description of the sand and gravel deposit. |
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| 148 | 148 | | |
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| 149 | 149 | | (d) The proposed sequence of mining, including, but not limited to, proposed phasing, if applicable. |
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| 150 | 150 | | |
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| 151 | 151 | | (e) Surface overburden removal plans and a department-approved soil conservation plan. The soil conservation plan shall meet both of the following requirements: |
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| 152 | 152 | | |
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| 153 | 153 | | (i) Include steps for the conservation of topsoil. |
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| 154 | 154 | | |
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| 155 | 155 | | (ii) Consider land use after the cessation of mining, site conditions, and, to the extent practical, concurrent reclamation and soil conservation. |
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| 156 | 156 | | |
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| 157 | 157 | | (f) The proposed depth from grade level from which the sand and gravel will be removed. |
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| 158 | 158 | | |
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| 159 | 159 | | (g) Provisions for grading, revegetation, and stabilization that will minimize, to the extent practicable, soil erosion, sedimentation, noise, airborne dust, and public safety concerns. The provisions for grading shall include both of the following: |
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| 160 | 160 | | |
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| 161 | 161 | | (i) The reclaimed slopes of the banks of the excavation shall not be steeper than 3 feet horizontal to 1 foot vertical measured from the nearest setback line into any area disturbed by mining. |
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| 162 | 162 | | |
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| 163 | 163 | | (ii) Where open water with a maximum depth in excess of 5 feet results from mining, the reclaimed slope into the water shall not be steeper than 5 feet horizontal to 1 foot vertical, maintained and extended into the water to a depth of 5 feet. |
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| 164 | 164 | | |
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| 165 | 165 | | (h) A site plan that complies with all of the following: |
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| 166 | 166 | | |
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| 167 | 167 | | (i) The site plan shall show all of the following: |
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| 168 | 168 | | |
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| 169 | 169 | | (A) The proposed locations of buildings, equipment, stockpiles, roads, berms, or other features necessary for mining and includes provisions for their removal and for reclamation of the area following cessation of mining. |
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| 170 | 170 | | |
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| 171 | 171 | | (B) The location of each residential building within 500 feet of the proposed mine. |
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| 172 | 172 | | |
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| 173 | 173 | | (ii) A mining area shall be located not less than 50 feet from the nearest public roadway or adjoining property line. |
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| 174 | 174 | | |
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| 175 | 175 | | (iii) Equipment used for screening and crushing shall be located as follows: |
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| 176 | 176 | | |
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| 177 | 177 | | (A) Not less than 200 feet from the nearest public roadway. |
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| 178 | 178 | | |
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| 179 | 179 | | (B) Not less than 300 feet from the nearest adjoining property line. |
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| 180 | 180 | | |
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| 181 | 181 | | (C) Not less than 500 feet from the nearest residential building occupied on adjacent property on the date the mining and reclamation plan is submitted to the department. |
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| 182 | 182 | | |
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| 183 | 183 | | (iv) The site plan shall describe the proposed primary routes to be used to transport sand and gravel from the mining area to a primary road, other than for local deliveries. |
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| 184 | 184 | | |
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| 185 | 185 | | (v) The operator shall maintain on the boundaries of the mining area outward facing signage, spaced no greater than every 200 feet, specifying "No Trespassing - Mining Area". |
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| 186 | 186 | | |
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| 187 | 187 | | (vi) A stockpile shall not exceed the higher of 70 feet above the ground surface at the location of the stockpile or 40 feet higher than the elevation of the adjoining property at the nearest property line. This subparagraph does not apply to screening berms. |
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| 188 | 188 | | |
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| 189 | 189 | | (vii) An active mining area shall be screened from view from adjoining properties to the extent reasonably practicable. The screening shall be accomplished by using overburden, to the extent available, to construct berms of up to 6 feet in height along adjoining property boundaries, unless the applicant requests and the department approves a different method of screening. The department may require berms visible to the public to be landscaped with grass or trees to the extent reasonably practicable. |
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| 190 | 190 | | |
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| 191 | 191 | | (i) The interim use or uses of reclaimed areas before the cessation of all mining. |
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| 192 | 192 | | |
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| 193 | 193 | | (j) If required by the department when the mining area will present a dangerous condition if left open, a proposal specifying fencing or other techniques to minimize trespass or unauthorized access to the mining area. |
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| 194 | 194 | | |
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| 195 | 195 | | (k) If a threatened or endangered species is actually identified within the mining area, a description of how the threatened or endangered species will be protected or of the mitigation measures that will be performed, in compliance with part 365 and rules promulgated thereunder and the endangered species act of 1973, 16 USC 1531 to 1544, and rules promulgated thereunder. |
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| 196 | 196 | | |
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| 197 | 197 | | (l) If a historical or archaeological resource is identified in the mining area, an indication of how the historical or archaeological resource will be protected or of the mitigation measures that will be performed in compliance with applicable law. |
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| 198 | 198 | | |
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| 199 | 199 | | (m) A description of measures to be implemented to ensure the following: |
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| 200 | 200 | | |
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| 201 | 201 | | (i) That all mined material disposed of within the mining area or any area to be reclaimed under the mining permit will not result in an unauthorized release of pollutants to surface drainage. |
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| 202 | 202 | | |
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| 203 | 203 | | (ii) That an unauthorized release of pollutants to groundwater will not occur from any material mined, handled, or disposed of within the mining area. |
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| 204 | 204 | | |
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| 205 | 205 | | (iii) That existing groundwater contamination, if any, will not be exacerbated. |
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| 206 | 206 | | |
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| 207 | 207 | | (n) A description of measures to be implemented to ensure that the mining does not create dust, noise, or ground vibration in excess of the following standards: |
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| 208 | 208 | | |
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| 209 | 209 | | (i) For dust control, the standards required pursuant to any applicable general or individual air permit issued pursuant to part 55 or federal law. |
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| 210 | 210 | | |
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| 211 | 211 | | (ii) For noise levels, the 8-hour time-weighted average sound pressure level in decibels measured at the common property line nearest to the area of active mining on a sound level meter using the A-weighting network shall not exceed the greater of the following: |
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| 212 | 212 | | |
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| 213 | 213 | | (A) 20 dB(A) above background levels. |
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| 214 | 214 | | |
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| 215 | 215 | | (B) For residentially zoned adjacent property, 75 A-weighted decibels; for commercially zoned adjacent property, 85 A-weighted decibels; and for adjacent property in any other zoning classification, including, but not limited to, industrial, 90 A-weighted decibels. |
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| 216 | 216 | | |
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| 217 | 217 | | (iii) For ground vibration, a displacement of 0.10 inches measured anywhere outside of the property line resulting from the operation of stationary machinery or equipment. |
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| 218 | 218 | | |
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| 219 | 219 | | (o) A description of measures to be implemented to ensure that blasting activity, if any, does not create any of the following at a residential building: |
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| 220 | 220 | | |
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| 221 | 221 | | (i) Ground vibration in excess of that set forth in United States Bureau of Mines Reports, RI 8507, Figure B-1 "Safe levels of blasting vibrations for houses using a combination of velocity and displacement". |
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| 222 | 222 | | |
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| 223 | 223 | | (ii) Air blast in excess of 133 decibels. |
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| 224 | 224 | | |
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| 225 | 225 | | (iii) Unreasonable dust or noise. |
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| 226 | 226 | | |
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| 227 | 227 | | (p) A description of all explosives that are intended to be used, stored, or handled on-site. Explosives shall be used, stored, and handled only in accordance with part 55 "Explosives and Blasting Agents" of the department of labor and economic opportunity's "General Industry Safety and Health Standards". |
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| 228 | 228 | | |
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| 229 | 229 | | (q) A description of customer truck loading hours. Customer truck loading is permitted from at least 6 a.m. to 7 p.m. local time, Monday through Friday and from at least 6 a.m. to 5 p.m., local time, on Saturday, except to the extent additional hours are specifically approved by the department or required by state or county contract. All other regulated mining operations must be completed within the same hours of loading and unloading, unless specifically approved by the local unit of government. This subdivision does not apply to either of the following: |
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| 230 | 230 | | |
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| 231 | 231 | | (i) Maintenance operations. |
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| 232 | 232 | | |
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| 233 | 233 | | (ii) The loading of railroad cars or ships. |
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| 234 | 234 | | |
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| 235 | 235 | | (r) A description of proposed lighting at the mining area. |
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| 236 | 236 | | |
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| 237 | 237 | | (s) A description of the proposed primary haul routes between the mining area and a primary road, and the anticipated impact, if any, of the operator's use of the haul routes on vehicle and pedestrian safety and on the condition of the haul routes. If a mining operation requires the use of a road other than a class A road, the department may request that the operator collaborate with the county road commission to determine a route from the mining area to a class A road. The route shall be reasonably direct to accommodate customary mining operations, including, but not limited to, trucking operations. |
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| 238 | 238 | | |
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| 239 | 239 | | (t) A description of the processing activities proposed to be conducted on-site, such as washing, screening, crushing, and blending of sand, gravel, and other materials, including, but not limited to, recycled materials and other materials obtained from off-site, to create sand and gravel products. |
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| 240 | 240 | | |
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| 241 | 241 | | (u) A description of comprehensive general liability insurance covering third party personal injury and property damage. The operator shall maintain such insurance throughout the life of the mine in amounts not less than $1,000,000.00 per occurrence. |
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| 242 | 242 | | |
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| 243 | 243 | | Sec. 63906. (1) Subject to subsection (2), effective 14 days after the department receives a mining permit application, the application is considered to be administratively complete. When the application is administratively complete, the department shall notify the applicant in writing. |
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| 244 | 244 | | |
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| 245 | 245 | | (2) If, before the expiration of the 14-day period under subsection (1), the department notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that the application fee has not been paid, specifying the amount due, the running of the 14-day period under subsection (1) is tolled until the applicant submits to the department the specified information or fee amount due. The notice shall be given in writing. A determination that an application is administratively complete does not preclude the department from requiring additional information from the applicant. |
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| 246 | 246 | | |
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| 247 | 247 | | (3) Within 42 days after an administratively complete application is received by the department, the department shall do all of the following: |
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| 248 | 248 | | |
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| 249 | 249 | | (a) Publish a public notice of the application in a newspaper of general circulation in the area of the proposed mine. |
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| 250 | 250 | | |
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| 251 | 251 | | (b) Transmit a copy of the public notice to the applicant and to the supervisor or manager of the township or chief administrative officer of the city or village where the mine is proposed to be located. |
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| 252 | 252 | | |
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| 253 | 253 | | (c) Post the public notice on the department's website and make the notice available at the department's office in Lansing and its district office for the district that includes the proposed mining area. The department shall maintain the posting and continue to make the notice available until the application is granted or denied. |
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| 254 | 254 | | |
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| 255 | 255 | | (4) The department shall transmit a copy of the notice under subsection (3) to a person upon written request. |
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| 256 | 256 | | |
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| 257 | 257 | | (5) The notice under subsection (3) shall contain all of the following information: |
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| 258 | 258 | | |
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| 259 | 259 | | (a) The date of publication of the notice. |
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| 260 | 260 | | |
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| 261 | 261 | | (b) The address and telephone number of the department's office in Lansing and the department district office of the district that includes the location of the proposed mining area. |
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| 262 | 262 | | |
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| 263 | 263 | | (c) The name and address of the applicant. |
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| 264 | 264 | | |
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| 265 | 265 | | (d) A concise description of the applicant's proposed use. |
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| 266 | 266 | | |
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| 267 | 267 | | (e) The location of the proposed mining area identified in the application. |
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| 268 | 268 | | |
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| 269 | 269 | | (f) A concise description of the department's procedures to arrive at a decision to grant or deny the mining permit application. |
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| 270 | 270 | | |
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| 271 | 271 | | (g) Information on the public comment period under subsection (6) and any other means by which interested persons may comment, in writing, on the application. |
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| 272 | 272 | | |
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| 273 | 273 | | (h) The address and telephone number of the department office where more information about or a copy of the application may be obtained and where any other applicable related documents may be inspected or copied. |
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| 274 | 274 | | |
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| 275 | 275 | | (6) Not later than 30 days after the notice is published under subsection (3), a person may submit written comments on the application to the department. The department may extend the time for public comment for not more than 30 days if the department determines that an extension of time is necessary to facilitate additional public comment. |
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| 276 | 276 | | |
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| 277 | 277 | | (7) In making a final determination on the application, the department shall consider written comments submitted to the department as provided under subsections (5)(g) and (6). The department shall retain the comments for at least 1 year after making a final determination on the application. |
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| 278 | 278 | | |
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| 279 | 279 | | (8) If the department determines that 1 or more of the public comments described in subsection (7) constitute sufficient cause or that there is sufficient public interest in an application, the department may conduct a public hearing on the application in the county where the mining area is proposed to be located. The department shall give notice of the public hearing not fewer than 5 or more than 28 days before the date of the public hearing. The notice shall specify the time and place of the public hearing and shall include information on how to review a copy of the application. The notice shall be given in writing to the city, village, or township and the county where the mining area is proposed to be located. The department shall accept written public comment on the application for 15 days after the public hearing. |
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| 280 | 280 | | |
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| 281 | 281 | | (9) At the expiration of the public comment period under subsection (8), or, if there is no public hearing under subsection (8), the public comment period under subsection (6), the department shall issue a report summarizing all comments received and providing the department's response to the comments. The department shall post the report on the department's website and make the report available at the department's office in Lansing and its district office for the district that includes the proposed the mining area. |
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| 282 | 282 | | |
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| 283 | 283 | | (10) Within 15 days after the expiration of the public comment period under subsection (8), or, if there is no public hearing under subsection (8), the public comment period under subsection (6), and not more than 180 days after the date the department determines that the mining permit application is administratively complete, the department shall do 1 of the following: |
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| 284 | 284 | | |
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| 285 | 285 | | (a) Subject to subdivision (b), grant the application and issue the mining permit if the department determines all of the following: |
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| 286 | 286 | | |
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| 287 | 287 | | (i) The application and any relevant additional information obtained by the department demonstrate that the proposed mining meets the requirements of this part. |
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| 288 | 288 | | |
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| 289 | 289 | | (ii) The proposed mining will not pollute, impair, or destroy the air, water, or other natural resources or the public trust in natural resources, in accordance with part 17. In making this determination, the department shall take into account the extent to which other permit determinations and conditions protect those natural resources. For the purposes of this subsection, excavation and removal of sand and gravel and of associated overburden, in and of itself, does not constitute pollution, impairment, or destruction of natural resources or the public trust in natural resources. |
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| 290 | 290 | | |
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| 291 | 291 | | (iii) The reclamation set forth in the mining and reclamation plan is consistent with or can be made consistent with the master plan of the city, village, or township where the mine is proposed to be located, to the extent that the master plan complies with section 63903. In granting the application, the department shall modify the proposed reclamation set forth in the mining and reclamation plan as the department determines is necessary to make the reclamation consistent with the master plan, to the extent that the master plan complies with section 63903. |
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| 292 | 292 | | |
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| 293 | 293 | | (b) Deny the application and notify the applicant in writing of the reasons for the denial. The department shall deny the application if the requirements of subdivision (a) are not met. In addition, the department may deny the application if the department determines that the operator or proposed operator is in violation of this part, an order issued by the department under this part, or a mining permit. However, the department shall not deny the application because of such a violation if the person has corrected the violation or has agreed in writing to correct the violation pursuant to an administrative consent agreement containing a compliance schedule approved by the department. |
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| 294 | 294 | | |
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| 295 | 295 | | (11) Terms and conditions that are set forth in the mining permit application and the mining and reclamation plan and that are approved by the department are considered to be incorporated in the mining permit. |
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| 296 | 296 | | |
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| 297 | 297 | | (12) The issuance of a mining permit does not amend the underlying zoning or the master plan, to the extent that the underlying zoning or master plan complies with section 63903. |
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| 298 | 298 | | |
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| 299 | 299 | | Sec. 63907. (1) A mining permit issued by the department is valid for the life of the mine. However, the department may revoke a mining permit if the operator does not commence construction of plant facilities or mining covered by the mining permit within 10 years after the date the mining permit is issued. |
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| 300 | 300 | | |
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| 301 | 301 | | (2) A mining permit may be transferred with approval of the department, subject to this subsection and subsections (3) and (4). The person seeking to acquire the mining permit shall submit a request for transfer of the mining permit to the department on a form and in a medium provided or approved by the department. The person acquiring the mining permit shall accept the conditions of that mining permit and adhere to the requirements of the approved mining and reclamation plan. |
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| 302 | 302 | | |
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| 303 | 303 | | (3) The department may deny a request to transfer a mining permit if the department determines that the proposed transferee is in violation of this part, an order issued by the department under this part, or a mining permit. However, the department shall not deny the request because of such a violation if the person has corrected the violation or has agreed in writing to correct the violation pursuant to an administrative consent agreement containing a compliance schedule approved by the department. |
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| 304 | 304 | | |
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| 305 | 305 | | (4) If the operator has been notified by the department of a violation of this part or the mining permit at the mining area involved in the transfer, the mining permit shall not be transferred until the operator has corrected the violation or the person acquiring the mining permit has entered into a written agreement with the department to correct the violation. |
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| 306 | 306 | | |
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| 307 | 307 | | (5) The operator may submit to the department a written request to amend a mining permit. Upon receipt of the request, the department shall determine if the requested amendment is a significant change in the conditions of the mining permit. If the department determines that the requested amendment is a significant change, the department may submit the request to the same review process as provided in section 63906. If the department denies the request, the department shall notify the operator in writing of the reasons for the denial. If the department determines that the requested amendment does not constitute a significant change in the conditions of the mining permit, the department shall approve the request and notify the operator in writing. |
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| 308 | 308 | | |
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| 309 | 309 | | Sec. 63908. (1) For purposes of surveillance, monitoring, administration, and enforcement of this part, the department shall assess against the operator of a mine permitted under this part a mining surveillance fee on the sand and gravel products sold during the calendar year. |
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| 310 | 310 | | |
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| 311 | 311 | | (2) Revenue from mining surveillance fees shall not exceed the actual costs to the department of implementing this part. The department shall forward mining surveillance fee revenue to the state treasurer for deposit in the sand and gravel surveillance fund. The total amount of revenue to be raised with the mining surveillance fees during a fiscal year shall be determined by subtracting the amount of unexpended money in the fund that is carried over to that fiscal year under section 63920(3) from the amount appropriated for that fiscal year for surveillance, monitoring, administration, and enforcement under this part. The department shall divide the total amount of revenue to be raised with the mining surveillance fees by the number of tons of sand and gravel sold in this state for the preceding calendar year as reported by all operators under subsection (3). The fee amount per ton shall be the lesser of this quotient and 5 cents per ton. |
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| 312 | 312 | | |
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| 313 | 313 | | (3) An operator shall file a report of sand and gravel sales by February 15 of each year. The report shall specify the number of tons of sand and gravel products sold from each of the operator's sand and gravel mines from January 1 through December 31 of the immediately preceding year. |
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| 314 | 314 | | |
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| 315 | 315 | | (4) The amount of the mining surveillance fee owed by an operator is the product of the amount per ton determined under subsection (2) and the total number of tons required to be reported by that operator under subsection (3). Payment of the mining surveillance fee is due by 30 days after the department sends written notice to the operator of the amount due. If the department receives the mining surveillance fee after the due date, the fee shall include a penalty of an additional 10%. |
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| 316 | 316 | | |
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| 317 | 317 | | (5) The department may order an operator to suspend mining if the operator does not submit an annual report in compliance with subsection (3). |
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| 318 | 318 | | |
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| 319 | 319 | | (6) An operator shall preserve for 2 years the records on which the annual report of sales under subsection (3) is based. The records are subject to audit by the department. |
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| 320 | 320 | | |
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| 321 | 321 | | (7) The surveillance fee and annual report required by this section and the records on which the annual report is based are confidential and exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, except with the written consent of the operator or pursuant to court order. |
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| 322 | 322 | | |
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| 323 | 323 | | Sec. 63909. The department, if requested by an operator, may grant a modification of the provisions of this part if the department determines that the modification is not contrary to the public interest. If the department determines that the requested modification has significant potential impact to public health or safety, the environment, or natural resources, the department shall provide for public notice and comments and a public hearing in the same manner as provided in section 63906 for a mining permit application. |
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| 324 | 324 | | |
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| 325 | 325 | | Sec. 63910. (1) The department shall administer and enforce this part. |
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| 326 | 326 | | |
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| 327 | 327 | | (2) After giving reasonable notice to the operator or landowner, the department may enter a mining area of a mine permitted or required to be permitted under this part for an investigation and inspection without incurring liability to the operator or landowner. |
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| 328 | 328 | | |
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| 329 | 329 | | Sec. 63911. By the first June 1 immediately after a mining permit is issued, an operator shall file with the department a plan map of the mining area. The map shall be drawn to a scale of 1 inch equals 200 feet and be in the form specified by the department. Annually thereafter, by June 1, the operator shall file a plan map in the same scale and form showing any changes made during the preceding calendar year and the portion of the mining area that the operator anticipates will be subjected to active mining during the current calendar year. |
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| 330 | 330 | | |
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| 331 | 331 | | Sec. 63912. (1) The operator of a mine permitted under this part shall file with the department a mining and reclamation report on or before June 1 of each year, during the life of the mine. The mining and reclamation report shall contain all of the following: |
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| 332 | 332 | | |
|---|
| 333 | 333 | | (a) A description of the status of mining and reclamation, including, but not limited to, revised drawings or photographs depicting the progress of mining and reclamation, as applicable, for the preceding year. |
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| 334 | 334 | | |
|---|
| 335 | 335 | | (b) A list of the incident reports required under subsection (2) for the preceding calendar year. |
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| 336 | 336 | | |
|---|
| 337 | 337 | | (c) A description of the annual financial assurance update required under section 63913. |
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| 338 | 338 | | |
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| 339 | 339 | | (2) The operator of a mine permitted under this part shall promptly report to the department any incident or act of nature at a mining area or violation of a mining permit that has created, or may create, a threat to the public health or safety, the environment, or natural resources. |
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| 340 | 340 | | |
|---|
| 341 | 341 | | (3) An operator shall preserve for 2 years records on which the reports under subsection (1) or (2) are based and shall make the records available to the department upon request. |
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| 342 | 342 | | |
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| 343 | 343 | | Sec. 63913. (1) The operator of a mine permitted under this part shall maintain financial assurance during mining until the department determines that all reclamation has been completed, except that financial assurance shall be released immediately upon termination of a mining permit under section 63907(1). The financial assurance shall consist, at the option of the operator and subject to the approval of the department, of a performance bond, surety, escrow, cash, certificate of deposit, irrevocable letter of credit, or other equivalent security, or any combination thereof. The department may waive the requirement for financial assurance if the operator annually submits a statement of financial responsibility demonstrating to the satisfaction of the department that the applicant has sufficient financial resources, apart from the proposed mining activity, to satisfy the reclamation requirements under this part. |
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| 344 | 344 | | |
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| 345 | 345 | | (2) The financial assurance required under subsection (1) shall be in an amount, as determined by the department, of not less than $3,000.00 or more than $8,000.00, per acre of area disturbed and not yet reclaimed, excluding roadways and open water areas that will remain open water after completion of reclamation. |
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| 346 | 346 | | |
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| 347 | 347 | | (3) The operator shall annually update the amount of financial assurance or statement of financial responsibility maintained or submitted by the operator under subsection (1) to account for any increase in the number of acres described in subsection (2). The operator may annually update the amount of financial assurance or statement of financial responsibility to account for any decrease in the number of such acres. |
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| 348 | 348 | | |
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| 349 | 349 | | Sec. 63914. (1) If mining at a mine permitted under this part is suspended for a continuous period exceeding 1 year, the operator shall maintain, monitor, and secure the mining area. |
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| 350 | 350 | | |
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| 351 | 351 | | (2) The operator of a mine permitted under this part shall conduct reclamation activities at the mining area in compliance with the approved mining and reclamation plan. Reclamation may be conducted concurrently with mining to the extent practicable. |
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| 352 | 352 | | |
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| 353 | 353 | | (3) The operator shall begin final reclamation of the mining area within 1 year after the date of cessation of mining, or a longer period if approved by the department. The operator shall complete reclamation within the time set forth in the approved mining and reclamation plan. |
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| 354 | 354 | | |
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| 355 | 355 | | (4) Once initiated, final reclamation shall be performed to completion. However, final reclamation may be suspended if the owner or operator resumes exploration or mining. |
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| 356 | 356 | | |
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| 357 | 357 | | Sec. 63915. (1) A person who is aggrieved by an order, action, or inaction of the department under this part, including, but not limited to, the issuance, denial, termination, revocation, or amendment of a mining permit, or aggrieved by the operation of a mine may file a petition with the department requesting a contested case hearing. The filing of the petition is the aggrieved person's sole recourse. The department may reject as untimely a petition filed more than 90 days after an order, action, or inaction of the department by which the petitioner is aggrieved. |
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| 358 | 358 | | |
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| 359 | 359 | | (2) The department shall provide notice by mail of a contested case hearing under subsection (1) to all of the following: |
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| 360 | 360 | | |
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| 361 | 361 | | (a) The person requesting the contested case hearing. |
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| 362 | 362 | | |
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| 363 | 363 | | (b) The operator or mining permit applicant. |
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| 364 | 364 | | |
|---|
| 365 | 365 | | (c) Other affected parties. |
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| 366 | 366 | | |
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| 367 | 367 | | Sec. 63916. (1) If the department determines that an operator has violated this part or a mining permit, the department shall require the operator to correct the violation. |
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| 368 | 368 | | |
|---|
| 369 | 369 | | (2) If the department determines that a violation of this part or a mining permit is resulting in an imminent and substantial endangerment to the public health or safety, the environment, or natural resources, the department shall take action necessary to abate or eliminate the endangerment. The action may include 1 or more of the following: |
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| 370 | 370 | | |
|---|
| 371 | 371 | | (a) Revoking the mining permit. |
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| 372 | 372 | | |
|---|
| 373 | 373 | | (b) Issuing an order to the operator to immediately suspend mining. For the purposes of enforcement under this subdivision, imminent and substantial endangerment includes failure to do either of the following: |
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| 374 | 374 | | |
|---|
| 375 | 375 | | (i) Submit an annual report as required by section 63908. |
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| 376 | 376 | | |
|---|
| 377 | 377 | | (ii) Maintain financial assurance under section 63913. |
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| 378 | 378 | | |
|---|
| 379 | 379 | | (c) Issuing an order to the operator to undertake such other actions as may be necessary to abate or eliminate the endangerment. |
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| 380 | 380 | | |
|---|
| 381 | 381 | | (3) Before taking action under this section to suspend mining or revoke a mining permit, or to otherwise prevent the continuation of mining, the department shall give the operator written notice, by certified mail, of the alleged violation and a reasonable period of time to correct the alleged violation. The department shall provide the operator an opportunity for a contested case hearing conducted by the state geologist. |
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| 382 | 382 | | |
|---|
| 383 | 383 | | (4) An order suspending mining activities under subsection (2)(b) remains in effect until the endangerment to the public health or safety, the environment, or natural resources is eliminated, but not more than 10 days. If the endangerment continues, the state geologist may, by order issued after providing an opportunity for a contested case hearing conducted by the state geologist, extend the suspension beyond 10 days. The total duration of the suspension of mining activities shall not be more than 30 days, unless again extended by order of the state geologist following an opportunity for a contested case hearing conducted by the state geologist or extended by an administrative consent agreement. The department shall provide notice of a contested case hearing under this subsection by certified mail, return receipt requested, not less than 10 days before the hearing date, to other interested persons whose notification the state geologist considers necessary and appropriate. |
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| 384 | 384 | | |
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| 385 | 385 | | (5) If the operator or a surety under section 63913 fails or neglects to correct a violation of this part or a mining permit or take corrective actions as specified under an order of the department, the department may, beginning 24 hours after giving written notice to the operator and surety, enter the mining area and any private or public property necessary to reach the mining area, correct the violation, and remediate any damage to the public health or safety, the environment, or natural resources resulting from the violation. The operator and surety are jointly and severally liable for expenses so incurred by the department. The operator or surety shall pay the expenses within 30 days after being notified of the amount. If the expenses are not timely paid, the department may bring an action against the operator or surety, jointly or severally, for the recovery of the expenses. This part does not limit the department's authority to take whatever response activities it determines necessary to protect public health or safety, the environment, or natural resources. |
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| 386 | 386 | | |
|---|
| 387 | 387 | | (6) The revocation of a mining permit or suspension of mining under subsection (2) does not relieve an operator of the responsibility to complete reclamation, maintain financial assurance under section 63913, and undertake appropriate measures to protect the public health or safety, the environment, or natural resources. |
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| 388 | 388 | | |
|---|
| 389 | 389 | | (7) If the department receives a complaint alleging a violation of this part or a mining permit, the department shall make a record of the complaint and the allegations included in the complaint. If the person making the complaint provides written evidence sufficient to support the allegations included in the complaint, as determined by the department, the department shall immediately notify the operator of the complaint and provide the operator with a copy of the complaint, the record, and all written evidence. The department shall give the operator an opportunity to rebut the complaint and any supporting evidence. The department shall take steps that it considers necessary to confirm the evidence provided by the operator in rebuttal. If the department determines that the complaint has been rebutted, it shall dismiss the complaint and notify the complainant and operator of the dismissal. If the complaint is not dismissed, the department shall do all of the following: |
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| 390 | 390 | | |
|---|
| 391 | 391 | | (a) Conduct an inspection of the mining operation to investigate the allegations not more than 5 business days after receipt of the complaint. If the complaint or allegations are of a highly serious nature, as determined by the department, the department shall inspect the mining operation as quickly as possible. |
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| 392 | 392 | | |
|---|
| 393 | 393 | | (b) Not more than 15 business days after completing an investigation of the complaint, submit a written report of the complaint and the results of the investigation to the operator and the person who made the complaint. At a minimum, the written report shall state whether the investigation identified a violation of this part or a mining permit. |
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| 394 | 394 | | |
|---|
| 395 | 395 | | (8) If the department dismisses a complaint and the department previously dismissed a complaint by the same complainant with respect to the same operator and mining operation, the complainant is liable to the department for the full costs incurred by the department to investigate the subsequent complaint. |
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| 396 | 396 | | |
|---|
| 397 | 397 | | Sec. 63917. (1) The department may request the attorney general to commence a civil action for appropriate relief, including, but not limited to, a permanent or temporary injunction, for a violation of this part, a mining permit, or an order issued under this part. Before requesting the attorney general to commence a civil action or before the attorney general commences a civil action at the attorney general's own initiative, the department must provide the operator an opportunity for a contested case hearing. The court has jurisdiction to restrain the violation and to require compliance. In addition to any other relief granted under this subsection, the court may impose a civil fine of not more than $1,000.00 per day of violation. |
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| 398 | 398 | | |
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| 399 | 399 | | (2) Upon a finding by the court that an operator violated this part, a mining permit, or an order issued under this part and, subject to subsection (6), that the violation poses or posed a substantial endangerment to public health or safety, the court may impose, in addition to the sanctions set forth in subsection (1), a civil fine of not less than $50,000.00 and not more than $1,000,000.00. |
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| 400 | 400 | | |
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| 401 | 401 | | (3) The attorney general may file a civil action to recover, in addition to a fine, the full value of the damages to the environment and natural resources of this state and the costs of surveillance and enforcement incurred by this state as a result of the violation. |
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| 402 | 402 | | |
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| 403 | 403 | | (4) A person who intentionally makes a false statement, representation, or certification in an application for a mining permit, a form pertaining to a mining permit, or a notice or report required by a mining permit, knowing it to be false, is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not less than $2,500.00 or more than $25,000.00, or both, for each violation. If the conviction is for a violation committed after a first conviction of the person under this subsection, the court shall impose a fine of not less than $25,000.00 per day and not more than $50,000.00 per day of violation. Knowledge possessed by a person other than the defendant under this subsection shall not be attributed to the defendant unless the defendant took substantial affirmative steps to shield himself or herself from the relevant information. |
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| 404 | 404 | | |
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| 405 | 405 | | (5) Subject to subsection (6), upon a finding by the court that a violation described in subsection (4) poses or posed a substantial endangerment to public health or safety, the court may impose, in addition to the penalties set forth in subsection (4), a sentence of imprisonment for not more than 1 year or a fine of not more than $500,000.00, or both. |
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| 406 | 406 | | |
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| 407 | 407 | | (6) To find a defendant civilly or criminally liable for substantial endangerment under subsection (2) or (5), the court must determine that the defendant knowingly acted in such a manner as to cause a danger of death or serious bodily injury and that the defendant had an actual awareness, belief, or understanding that his or her conduct would cause a substantial danger of death or serious bodily injury. |
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| 408 | 408 | | |
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| 409 | 409 | | (7) A civil fine or other civil recovery under this section is payable to this state and shall be credited to the general fund. The fine or other civil recovery constitutes a lien on any property of any kind owned by the defendant. |
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| 410 | 410 | | |
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| 411 | 411 | | (8) A lien under subsection (7) is effective and has priority over all other liens and encumbrances, except those filed or recorded before the date of judgment, but only if notice of the lien is filed or recorded as required by state or federal law. |
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| 412 | 412 | | |
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| 413 | 413 | | (9) A lien filed or recorded as described in subsection (8) shall be terminated pursuant to the procedures required by state or federal law within 14 days after the fine or other recovery ordered to be paid is paid. |
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| 414 | 414 | | |
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| 415 | 415 | | Sec. 63918. (1) A mine or mining is not a public or private nuisance if both of the following apply: |
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| 416 | 416 | | |
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| 417 | 417 | | (a) A mining permit has been issued for the mine or mining under section 63906. |
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| 418 | 418 | | |
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| 419 | 419 | | (b) The mine or mining is not determined in an action under section 63917 to be in violation of this part. |
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| 420 | 420 | | |
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| 421 | 421 | | (2) Subsection (1) applies notwithstanding any of the following: |
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| 422 | 422 | | |
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| 423 | 423 | | (a) A change in any of the following: |
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| 424 | 424 | | |
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| 425 | 425 | | (i) The ownership of the mine. |
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| 426 | 426 | | |
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| 427 | 427 | | (ii) The size of the mine. |
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| 428 | 428 | | |
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| 429 | 429 | | (iii) The size of the community where the mine is located. |
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| 430 | 430 | | |
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| 431 | 431 | | (b) Temporary cessation or interruption of mining. |
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| 432 | 432 | | |
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| 433 | 433 | | (c) Enrollment of the mine or mining or the mine operator in governmental programs. |
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| 434 | 434 | | |
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| 435 | 435 | | (d) Adoption of new mining technology. |
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| 436 | 436 | | |
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| 437 | 437 | | (e) A change in the type of sand and gravel product being produced. |
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| 438 | 438 | | |
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| 439 | 439 | | (f) A change in the land use or occupancy of land within 1 mile of the boundaries of the mine if, before that change in land use or occupancy, the mine or mining would not have been a nuisance with respect to the use and occupancy of the land. |
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| 440 | 440 | | |
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| 441 | 441 | | Sec. 63919. The circuit court for Ingham County has exclusive jurisdiction over all of the following: |
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| 442 | 442 | | |
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| 443 | 443 | | (a) An appeal from the final decision or order made in a proceeding instituted by an aggrieved person under section 63915. |
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| 444 | 444 | | |
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| 445 | 445 | | (b) An action under section 63916(5) or 63917(1) to (3). |
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| 446 | 446 | | |
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| 447 | 447 | | (c) Any other claim relating to the issuance of, or operation under, a mining permit applied for or issued under this part. |
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| 448 | 448 | | |
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| 449 | 449 | | (d) Proceedings under section 63917(4) to (5), except for arraignment or the issuance of a criminal complaint or warrant. |
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| 450 | 450 | | |
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| 451 | 451 | | Sec. 63920. (1) The sand and gravel surveillance fund is created within the state treasury. |
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| 452 | 452 | | |
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| 453 | 453 | | (2) The state treasurer shall deposit fees paid under this part into the fund. The state treasurer may receive money or other assets from any other source for deposit into the fund. The state treasurer shall direct the investment of money in the fund and credit to the fund interest and earnings from the investments. |
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| 454 | 454 | | |
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| 455 | 455 | | (3) Unexpended money in the fund at the close of the fiscal year shall remain in the fund and be carried over to the succeeding fiscal year. |
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| 456 | 456 | | |
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| 457 | 457 | | (4) The department shall administer the fund for auditing purposes. |
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| 458 | 458 | | |
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| 459 | 459 | | (5) The department shall expend money from the fund, upon appropriation, only for the actual cost of surveillance, monitoring, administration, and enforcement under this part. |
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| 460 | 460 | | |
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| 461 | 461 | | Sec. 63921. An operator is liable to a city, a village, or the county road commission for damage caused by the operator's trucks to a city street, village street, or county road, respectively, that is a haul route between the mining operation and a primary road. |
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| 462 | 462 | | |
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| 463 | 463 | | Sec. 63922. This part applies to all mining permit applications submitted to the department after the effective date of this section, including, but not limited to, applications formerly submitted to any local government referenced in section 63903 notwithstanding the previous administrative or judicial disposition of such mining permit applications. |
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| 464 | 464 | | |
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| 465 | 465 | | Sec. 63923. The department may promulgate rules necessary to implement this part pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. |
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| 466 | 466 | | |
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| 467 | 467 | | Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: |
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| 468 | 468 | | |
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| 469 | 469 | | (a) Senate Bill No.____ or House Bill No. 4526 (request no. 01555'23 a **). |
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| 470 | 470 | | |
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| 471 | 471 | | (b) Senate Bill No.____ or House Bill No. 4527 (request no. 01555'23 b **). |
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