Bill Text: MI HB4972 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Natural resources; mining; blasting standards; establish for certain mining operations. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 639.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-09-15 - Printed Bill Filed 09/15/2011 [HB4972 Detail]

Download: Michigan-2011-HB4972-Introduced.html

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HOUSE BILL No. 4972

 

September 14, 2011, Introduced by Rep. Tlaib and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding part 639.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 639 BLASTING IN MINING OPERATIONS

 

     Sec. 63901. As used in this part:

 

     (a) "Department" means the department of environmental

 

quality.

 

     (b) "Mineral" means gypsum, stone, salt, or a similar solid

 

material or substance to be excavated from natural deposits on or

 

in the earth for commercial, industrial, or construction uses.

 

Mineral does not include metallic ore or material mined for its

 

metallic content.

 

     (c) "Mining" means the excavation or removal of earth material

 

in the regular operation of a business for the purpose of

 

extracting a mineral or minerals by 1 or both of the following:

 

     (i) Removing the overburden lying above natural deposits of a

 

mineral and excavating directly from the natural deposits thus

 

exposed or by excavating directly from deposits lying exposed in

 

their natural state.

 

     (ii) Excavating from below the surface of the ground by means

 

of shafts, tunnels, or other subsurface openings.

 

     (d) "Mining area" means an area of land from which earth

 

material is removed in connection with mining, on which material

 

from that mining is stored or deposited, or on which water

 

reservoirs used in that mining or beneficiating or treatment plants

 

or auxiliary facilities are located, and auxiliary land used in

 

connection with the mining.

 

     (e) "Operator" means a person who is engaged in, or who is

 

preparing to engage in, mining, whether individually or jointly, or

 

through agents, employees, or contractors.

 

     (f) "Protected structure" means any dwelling, public building,

 

school, church, or commercial or institutional building not owned

 

by the operator.

 

     (g) "Scaled distance" means the distance, in feet, from

 

explosives detonated in a blast to a specified location, divided by

 

the square root of the maximum weight of the explosives, in pounds,

 

to be detonated in any 8-millisecond period.

 

     Sec. 63903. (1) An operator shall limit the type of explosives

 

and detonating equipment and the size, timing, and frequency of

 

blasts used in mining based upon the physical conditions of the

 

area so as to prevent injury to persons and damage to public or

 

private property outside the blasting site.

 

     (2) An operator shall not engage in blasting unless the

 

blasting effects will meet at least 1 of the following standards:

 

     (a) The maximum peak particle velocity from blasting does not

 

exceed the following limits at the location of any protected

 

structure, as verified by seismograph measurements in 3 mutually

 

perpendicular directions:

 

     (i) 1.25 inches per second for protected structures not more

 

than 300 feet from the blasting site.

 

     (ii) 1.00 inches per second for protected structures more than

 

300 feet but not more than 5,000 feet from the blasting site.

 

     (iii) 0.75 inches per second for protected structures 5,000 feet

 

or more from the blasting site.

 

     (b) The scaled distance is not less than the following as

 

calculated at the location of any protected structure:

 

     (i) For protected structures not more than 300 feet from the

 

blasting site, 50.

 

     (ii) For protected structures more than 300 feet but not more

 

than 5,000 feet from the blasting site, 55.

 

     (iii) For protected structures 5,000 feet or more from the

 

blasting site, 65.

 

     (c) The blasting conforms to an alternative standard approved

 

by the department. An operator seeking to use an alternative

 

standard shall submit a written request to the department. The

 

request shall be supported by technical information, which may

 

include documented approval of the blasting method by agencies in

 

other states that regulate blasting at mining operations. The

 

department shall approve the proposed alternative standard if the

 

technical information submitted provides sufficient justification

 

for the use of the alternative standard. Otherwise, the department

 

shall disapprove the proposed alternative standard. The department

 

shall notify the operator in writing of the department's approval

 

or disapproval of the proposed alternative standard.

 

     (3) The department may exempt an operator from meeting a

 

standard under subsection (2) at a protected structure if the

 

operator submits to the department a waiver signed by the owner of

 

the protected structure. The waiver shall be in writing and in a

 

form approved by the department.

 

     (4) An operator shall maintain blasting records for at least 1

 

year and shall make the records available to the department upon

 

request. The blasting records shall include all of the following:

 

     (a) The date, time, and location of each blast.

 

     (b) The type and amount of explosives used.

 

     (c) If the operator utilizes the standard described in

 

subsection (2)(a), all seismograph measurements.

 

     (d) If the operator utilizes an alternative standard under

 

subsection (2)(c), any other information required under the

 

alternative standard.

 

     Sec. 63905. (1) The department shall administer and enforce

 

this part. In addition to other powers granted to it, the

 

department may do any of the following:

 

     (a) Pursuant to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, promulgate rules as may be

 

necessary to implement and administer this part.

 

     (b) Enter at all reasonable times in or upon a mining area for

 

the purpose of inspecting and investigating conditions relating to

 

blasting operations at the mining area.

 

     (2) A local unit of government shall not enact, maintain, or

 

enforce an ordinance, regulation, or resolution that duplicates,

 

contradicts, or conflicts in any manner with this part.

 

     Sec. 63907. (1) If the department determines that an operator

 

has violated this part or a rule promulgated under this part and

 

that the violation results in or may result in a threat of injury

 

to persons or damage to public or private property outside the

 

blasting site, the department may order an operator to take action

 

necessary to abate or eliminate the threat, including suspending or

 

modifiyng blasting operations at the mining area.

 

     (2) Subject to subsection (3), before issuing an order under

 

subsection (1), the department shall notify the operator,

 

personally or by mail, and shall provide the operator an

 

opportunity for an evidentiary hearing.

 

     (3) If the department finds that emergency action is required

 

to prevent an imminent and substantial threat of injury to persons

 

or damage to public or private property outside the blasting site,

 

the department may issue an emergency order without a public

 

hearing requiring an operator to take action necessary to abate or

 

eliminate the threat, including suspending or modifying blasting

 

operations at the mining area. An emergency order shall remain in

 

effect for not more than 21 days.

 

     Sec. 63909. A person who is aggrieved by an order, action, or

 

inaction of the department under this part may file a petition with

 

the department requesting an evidentiary hearing or may file a

 

petition for review with the circuit court for the county of Ingham

 

or for the county in which the mining area is located.

 

     Sec. 63911. The department shall publish notice of an

 

evidentiary hearing under this part in a newspaper of local

 

distribution in the area of the mining operation at least 10 days

 

before the hearing.

 

     Sec. 63913. (1) The department may request the attorney

 

general to commence a civil action for appropriate relief,

 

including a permanent or temporary injunction, for a violation of

 

this part or an order issued or rule promulgated under this part.

 

An action under this subsection may be brought in the circuit court

 

for the county of Ingham or for the county in which the mining

 

operation is located. The court has jurisdiction to restrain the

 

violation and to require compliance. In addition to any other

 

relief granted under this subsection for a violation, the court

 

shall impose a civil fine of not less than $1,500.00 or more than

 

$15,000.00.

 

     (2) A person who intentionally makes a false statement,

 

representation, or certification in a record or report required

 

under this part is guilty of a felony and may be punished by

 

imprisonment for not more than 2 years and shall be fined not less

 

than $3,000.00 or more than $30,000.00.