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.