06-096-200 Me. Code R. § 3-12

Current through 2024-51, December 18, 2024

Section 096-200-3-12 - Permit Conditions

A.Standard Conditions. The following standard conditions must be included in all mining permits.

(1) Relation of Permit to Application. The plans, specifications, descriptions, and other documentation submitted by the Permittee in support of the application, and approved by the Department in issuing the permit, constitute terms of the permit. Any variation or change in the plans, specifications, descriptions, or other documentation must be approved by the Department prior to implementation. Upon completion of any construction or alteration, the Permittee must submit to the Department a written certification by a qualified professional that the site has been constructed or altered in accordance with the terms of the permit.

(2) Duty to Comply. The Permittee must comply with all terms and conditions of the permit. Any noncompliance constitutes a violation of law and is grounds for enforcement action, permit suspension, or revocation.

(3) Duty to Halt or Reduce Activity. It is not a defense in an enforcement action that halting or reducing the permitted activity would have been necessary in order to maintain compliance with the conditions of the permit.

(4) Duty to Mitigate. The Permittee shall take all steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.

(5) Proper Operation and Maintenance. The Permittee shall at all times properly operate and maintain all facilities and systems which are installed or used by the Permittee to achieve compliance with the conditions of the permit.

(6) Permit Actions. The Department, after notice and an opportunity for a hearing as required under the Maine Administrative Procedure Act, 5 M.R.S. §§10003 & 10051 and 38 M.R.S. §342(11-B), may modify a permit or may act to suspend or revoke the permit. The Department may also modify a permit in response to an application for a modification filed by the Permittee. The filing of a request by the Permittee for a permit modification does not stay any permit condition. If the Department determines that a violation of the Mining Act, this Chapter, a Department Order or this permit is causing or resulting in imminent and substantial endangerment to the public health or safety, environment or natural resources, the Commissioner may issue an order requiring immediate suspension of mining activities, including the removal of metallic product from the site.

(7) Property Rights. The permit does not convey any sort of property right or exclusive privilege.

(8) Duty to Provide Information. The Permittee shall furnish any information which the Commissioner requests in order to determine whether cause exists for modifying, suspending, or revoking the permit or to determine compliance with the permit. The Permittee shall also, upon request, furnish to the Department copies of records required by law or by the permit to be kept by the Permittee, and not otherwise required to be filed with the Department. The information shall be submitted in accordance with the timeframe requested by the Commissioner.

(9) Monitoring Reports. All monitoring results shall be reported to the Department according to this Chapter, the mining permit, and the Act within 60 days of the sampling event unless an alternative time is requested or approved by the Department.

(10) Noncompliance and Occurrence Reporting. The Permittee shall report to the Department any noncompliance, any unpermitted or otherwise unlawful release or discharge of pollutants including accidents and failures specified in the approved Contingency Plan. Information shall be provided in accordance with the approved Contingency Plan or, if not addressed in the Contingency Plan, orally within 2 hours of the time the Permittee becomes aware of the circumstances, and in writing within 5 working days. If the noncompliance, release or discharge of pollutants, or cause of fire or explosion has not been corrected, the anticipated time it is expected to continue must be given, together with the steps taken or planned to reduce, eliminate and prevent recurrence. The written submission must include the following:

(a) Name, address, and telephone number of the owner or operator;

(b) Name, address, and telephone number of the facility, if applicable;

(c) Date, time, type, and description of incident;

(d) Name and quantity of any waste(s) involved;

(e) The extent of injuries, if any;

(f) An assessment of actual or potential hazards to the environment and human health inside and outside the site, when applicable; and

(g) Estimated quantity and disposition of any pollutants released or discharged.

(11) Other Information. When the Permittee becomes aware that it has failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Department including any sampling data evaluating the site, the Permittee shall promptly submit such facts or information to the Department.

(12) Signatory Requirement. All applications, reports, or information submitted to the Department shall be signed by a responsible officer. Such responsible officer shall make the following certification:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate, and complete. I am aware there are significant penalties for submitting false information."

(13) Construction/Operation within 4 Years. After public notice, the Department may terminate or request surrender of a mining permit if the Permittee has not commenced construction of mining facilities or conducted mining activities covered by the mining permit within 4 years after the effective date of the mining permit, unless the Permittee is issued an extension pursuant to section 14 of this Chapter. If the mining permit is terminated or surrendered, the Applicant may reapply to the Department for a permit. No construction or operation may be undertaken until a new permit is granted. A new application filed for a project previously approved must state the reasons why construction or operation was not begun within 4 years from the granting of the initial permit, and the reasons why construction or operation will be able to begin within 4 years from the granting of the new permit. The new application may incorporate, by reference, information submitted in the initial application, but must include all information required by law or rule at the time the new application is submitted.

(14) Commencement of Operations. Prior to the commencement of operations:

(a) The Permittee shall submit to the Department, by certified mail or hand delivery, a letter signed by the Permittee and a State of Maine Licensed Professional Engineer stating that the site has been constructed, altered, or modified in compliance with the permit; and

(b) The site must be inspected by the Department and found to be in compliance with the conditions of the permit.

(15) Other Permits and Licenses. The Applicant and Permittee shall secure and comply with all applicable federal, state, and local licenses, permits, authorizations, approvals, conditions, agreements, and orders prior to and during construction, alteration, modification, operation, reclamation, and closure as appropriate.

(16) Bid Specification. A copy of the Permit approval must be included in or attached to all contract bid specifications for the site.

(17) Contractor Copy. The Permittee may not direct or allow any work within the scope of the permit to be done by a contractor until the contractor(s) has been given a copy of the mining permit. The Permittee shall certify to the Department that the contractor(s) has received a copy of the permit.

(18) Annual Fee. The Applicant or Permittee shall pay an annual fee as required by 38 M.R.S. §352(4-A)(E). The permit is not effective until, and unless, the annual fee has been paid.

(19) Inspection and Entry. Employees and authorized representatives of the Department must be allowed access to the site and affected area during business hours, and at such other times as the Department deems necessary, for the purpose of performing tests, collecting samples, conducting inspections, examining records relating to the site, or developing or enforcing any rule, statute or order.

(20) As a condition of a mining permit, the Permittee shall retain the services of a qualified third-party independent inspector to monitor compliance with permit conditions during construction, operations and closure. More than one inspector may be needed to obtain the qualifications necessary to monitor different activities. An inspector retained under this section cannot also serve as a qualified professional under section 25 of this Chapter.

(a) Inspector selection. At least 30 days prior to starting any permitted activity on the site, the applicant must submit the names of at least two inspector candidates to the Department. Each candidate must meet the minimum qualifications listed below. The inspector may not be an employee, partner, or contracted consultant involved with the permitting of the project or otherwise employed by the same company or agency except that the Department may accept subcontractors who worked for the project's primary consultant on some aspect of the project such as, but not limited to, completing wetland delineations, identifying significant wildlife habitats, or conducting geotechnical investigations, but who were not directly employed by the applicant, as independent inspectors on a case by case basis. The Department will have 15 days from receiving the names to select one of the candidates as the inspector or to reject both candidates. If the Department rejects both candidates, then the Department shall state the particular reasons for the rejections. In this case, the applicant may either dispute the rejection to the Commissioner, or start the selection process over by nominating two new candidates.

(i) The Permittee may not terminate the services of a qualified third-party independent inspector without prior Department approval.

(ii) In the event the qualified third-party independent inspector is terminated or voluntarily resigns, the Permittee must select and retain the services of a replacement inspector within 30 days.

(b) Inspector Qualifications. A qualified third party independent inspector must be a qualified professional and must have the following minimum qualifications:

(i) A degree from an accredited program in environmental science, civil engineering, mining engineering, geology, or other demonstrated expertise;

(ii) A practical knowledge of mining principles, stormwater control, and waste management;

(iii) Experience in management or supervision on large construction projects;

(iv) The ability to understand and articulate permit conditions to contractors;

(v) The ability to clearly document activities being inspected;

(vi) Appropriate facilities and, if necessary, support staff to carry out the duties and responsibilities set forth in subsection (4), below, in a timely manner; and

(vii) No ownership or financial interest in the permitted activities other than that created by being retained as the third-party inspector.

(c) Inspector Duties and Responsibilities. The inspector's work shall include the following duties and responsibilities:

(i) Prior to construction, the inspector will become thoroughly familiar with the project plans and specifications, including those for containment structures and impoundments, mine operations buildings and structures associated with ore handling and processing, detention basins, those for installing the erosion control measures to be used on the site, and those for stabilizing disturbed soils.

(ii) During construction, the inspector will monitor activities required by the permit and contained in the approved construction documents.

(iii) The inspector will keep logs recording activities on the site, discussions with contractor(s) and/or mine operations personnel, and possible violations of the approved construction documents or the permit terms and conditions.

(iv) The inspector will inspect the site at least twice per week from the commencement of construction until closure. The site must be inspected at least monthly during the post-closure monitoring period.

(v) The inspector will notify the designated person at the Department immediately of potential violations of the mining permit.

(d) Inspection Reports. The inspector will submit written reports, including photographic documentation, in a format approved by the Department to the designated person at the Department. Reports shall be submitted to the Department in accordance with a schedule determined by the Department.

(i) The report will state the start and end dates for the reporting period.

(ii) The report will state the date(s) and time(s) when the inspector was on the site making inspections.

(iii) The report will describe the Permittee's activities over the reporting period.

(iv) The report will summarize the inspection results, identify and describe any deficiencies noted, and provide recommendations for correcting deficiencies.

(21) Preconstruction. All preconstruction terms and conditions must be met before any construction begins.

(22) Advertising. Advertising relating to matters included in the permit application may refer to the Permit approval only if it notes that the approval has been granted with conditions, and indicates where copies of the permit may be obtained.

(23) Transfer of Ownership. Unless otherwise provided in the permit, the Permittee may not sell, lease, assign, or otherwise transfer the site or any portion thereof, or cause or allow any other action where the purpose or consequence is to transfer any of the obligations of the Permittee as incorporated in the permit, without prior written approval of the Department pursuant the 06-096 C.M.R. ch. 2(21).

(24) Deed Notation. Whenever any site, or portion thereof, previously used for mining or advanced exploration is transferred by deed, the following must be expressly stated in the deed:

(a) The type(s) of waste unit(s) located on the site, the dates of establishment and closure of each, and a description of the location, composition, extent, and depth of waste deposited in each; and

(b) The heading and date of issuance of the permit, the identification number of the permit, and the fact that it was issued by the Department of Environmental Protection.

(25) Event of Force Majeure. The Permittee's responsibility for meeting all requirements of the Act, this Chapter and the mining permit shall not be discharged due to an Event of Force Majeure.

B.Special Conditions. The Department may place special terms and conditions on a permit issued under this Chapter as necessary to ensure that the construction, operation, and reclamation of the proposed mining operation is implemented in compliance with the law and terms of the permit and to protect the environment and public health and safety. However, terms and conditions must specify particular means of satisfying minor or easily corrected problems, relating to compliance with this Chapter and with the applicable law, and may not substitute for or reduce the burden of proof on the Applicant to affirmatively demonstrate to the Department that each of the applicable standards has been met.

06-096 C.M.R. ch. 200, § 3-12