HF 3050
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/02/2025 11:24 a.m.
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A bill for an act
relating to mining; modifying requirements for safe storage of reactive mine waste;
proposing coding for new law in Minnesota Statutes, chapter 93; repealing
Minnesota Rules, part 6132.2200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[93.5141] SAFE STORAGE OF REACTIVE MINE WASTE.
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new text begin Subdivision 1. new text end
new text begin Goals. new text end
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Reactive mine waste must be mined, disposed of, and reclaimed
to prevent the release of substances that result in adverse impacts on natural resources by
meeting the applicable water quality standards.
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new text begin Subd. 2. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have the
meanings given.
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(b) "Applicable water quality standards" means the federal, state, local, or Tribal water
quality standards that directly govern the water into which a discharge occurs.
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(c) "Reactive mine waste" means waste that is shown through characterization studies
or other means to cause a sustained net decrease in pH of at least 0.5 standard pH units in
contact water due to a chemical interaction between sulfur-bearing minerals and oxygen.
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new text begin Subd. 3. new text end
new text begin Requirements. new text end
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A nonferrous metallic minerals mining operation must meet
the following requirements:
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(1) chemical and physical characterization of mine waste must be conducted before an
application for a permit to mine is submitted and continuously during the process of mining,
according to Minnesota Rules, part 6132.1000; and
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(2) to comply with applicable water quality standards during construction and at closure,
a reactive mine waste storage facility must be designed by professional engineers who are
registered in Minnesota and proficient in the design, construction, operation, and reclamation
of facilities for storing reactive mine waste. The design may include but is not limited to:
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(i) modifying the physical or chemical characteristics of the mine waste or storing it in
an environment where the discharge meets applicable water quality standards; or
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(ii) during construction to the extent practicable and at closure, providing for collecting
and disposing of waters that drain from the mine waste in compliance with applicable water
quality standards.
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Sec. 2. new text begin REPEALER.
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Minnesota Rules, part 6132.2200,
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is repealed.
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APPENDIX
Repealed Minnesota Rule: 25-04935
6132.2200 REACTIVE MINE WASTE.
Subpart 1.
Goals.
Reactive mine waste shall be mined, disposed of, and reclaimed to prevent the release of substances that result in the adverse impacts on natural resources.
Subp. 2.
Requirements.
A mining operation must meet the requirements in items A to D.
A.
Chemical and physical characterization of mine waste must be conducted before the submission of an application for a permit to mine and continuously after that during the process of mining under part 6132.1000.
B.
A reactive mine waste storage facility must be designed by professional engineers registered in Minnesota proficient in the design, construction, operation, and reclamation of facilities for the storage of reactive mine waste, to either:
(1)
modify the physical or chemical characteristics of the mine waste, or store it in an environment, such that the waste is no longer reactive; or
(2)
during construction to the extent practicable, and at closure, permanently prevent substantially all water from moving through or over the mine waste and provide for the collection and disposal of any remaining residual waters that drain from the mine waste in compliance with federal and state standards.
C.
The reactive mine waste storage facility design shall:
(1)
describe all materials, construction, and operating performance specifications and limitations that must be maintained to ensure protection of natural resources;
(3)
include a schedule for inspection of the reactive mine waste storage facility construction, operation, and reclamation including closure and postclosure maintenance, by the design engineers, to ensure compliance with the design. In the event the design engineers become unable to perform the inspections, the engineers shall be replaced by persons who meet the qualifications of part 6132.2200, subpart 2, item B, and that can demonstrate an understanding of the design and an ability to perform the necessary inspections.