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Local Control of Mining Rights
• Counties Often Have Comprehensive Land
Use Plans
– These may be implemented through
zoning
– Often require construction permit for
erection of facilities
• Can get real fun when need permit to build sediment
pond required by SMCRA and construction permit
laws contradict SMCRA
Previous Laws All Regulate
the Right to Mine
• Other laws regulate actions related to
mining or environmental discharges and
loads incidental to mining.
• Clean Air Act as Amended 1990 Contains
Provisions Directly and Indirectly
Regulating Mining
– Fugitive dust and lesser extent diesel
emissions
– Emissions from Coal Combustion
Environmental Laws Summary
• Clean Water Act with 1977 Amendments
shifted emphasis to control effluents – National Pollutant Discharge Elimination
Program (NPDES permits for process or
disturbed water discharges)
– Storm Water Discharge Permits
– Spill Prevention Control and
Countermeasure Plans
Environmental Discharges
• Safe Drinking Water Act
– Important provisions for underground injection
– Ground Water Monitoring
• Water Pollution Control Act
– Requires Army Corp Engineer for Dredge and Fill
operations in waters
– Law particularly impacts disturbance of wetlands
Solid Waste Laws
• Resource Conservation and Recovery Act
– Regulates creation, handling and disposal
of almost anything solid
– Impacts Mineral Processing Wastes and
Overburden Materials
– Impacts Chemical Inventories on Site
– Underground Storage Tank Regulations
– Impacts wastes from use of mined
materials - particularly coal combustion
products
More Solid Waste Laws
• Comprehensive Environmental Response ,
Compensation, and Liability Act of 1980
– Also known as CERCLA
– Also known as Superfund (Not to be confused
with super fun)
– Also known as the Lawyers Employment
Security Act
– Created a liability framework for previous
dumps of “hazardous materials”
• Mill Tailings and abandoned sites potential target
Just When You Thought it was
Safe to Go Back in the Water
• 1986 Congress Ammended CERCLA
– Superfund Ammendments and
Reauthorization Act or SARA
• Title III of SARA created the Emergency
Planning and Community Right to Know
Act
– Requires community planning for chemical
disasters
– Also requires disclosure of goodies kept on
property to the community
Regulation of Onsite Materials
• Toxic Substances Control Act of 1960
– Testing of substances for hazardous
properties
– 1986 amended to require asbestos
abatements - could impact commercial
facilities
– Impacts PCBs which could effect old
transformers
Worker Protection
• Occupational Safety and Health Act
– Created OSHA
– OSHA not really responsible for heavy
mine site but
• Asbestos exposure limitations under act
• Now Crystalline Silica becoming an issue
– Series of studies by toxicologists that ordered silica from
any where and stuffed mouse lungs got tumors some of the
time
– Commission of scientists made poor choice words made
beach sand carcinogen but only if inhaled in workplace
Worker Protection at Mines
• Federal Mine Safety and Health Act of 1977
(actually reauthorization of a 60s law)
– Established the Mine Safety and Health
Administration (MSHA)
– Established Frame work of safe operating
principles
– Created whistle blowing provisions and
protections
• Additional information in Mining Engineering Handbook pg 502-519,
174-201