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 ,