Potentially Applicable Environmental Protection Permits and Requirements for a New Metallic Mining Operation in Michigan

The mission of this web site is to provide a forum for information, proposals, and ideas on the use and development of a mineral mine in Lake Township of Menominee County Michigan so you can make more informed decisions about a course of action. The motivation for it came out of the confusion and discord caused by lack of understanding and potential misuse of our valuable natural resources.

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Potentially Applicable Environmental Protection Permits and Requirements for a New Metallic Mining Operation in Michigan Michigan laws and regulations require numerous environmental protection permits and approvals prior to start up of a metallic mineral mining operation in Michigan. Some are specific to mining, and while most apply to any industrial facility. All work in concert to provide comprehensive protection of human health and environmental resources (air, water, land, wildlife, plants, and more). Obtaining each permit and approval requires that the project proponent submit an application package. This information is reviewed by the agency responsible for administering that program, and the process includes many opportunities for public input. Following the review, the agency would approve, approve with conditions, or deny the application. Depending on the types of on-site facilities proposed for a mining operation, the following list includes the most significant potentially applicable requirements. Federal permits and approvals would apply if facilities are proposed to be located on federal land.
 
Permit or Approval Purpose Regulatory Agency Regulatory Citation
Air Emissions (Permit Program)  Reduce the toxicity and quantity of air pollutants that directly or indirectly enter the atmosphere.  U.S. EPA  Clean Air Act Amendments of 1990, 40 CFR Parts 50 - 99
    MDEQ - Air Quality Division  Part 55 (Air Pollution Control) of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended (Act 451) 
Solid Waste (Permit Program)  Ensures proper disposal of solid waste, including certain thermal treatment by-product waste.  MDEQ - Waste and Hazardous Materials Division  Part 115 (Solid Waste Management) of Act 451 
Liquid Industrial Waste (No Permit Program)  Ensures proper management of liquid industrial waste, such as Used Oil.  MDEQ - Waste and Hazardous Materials Division  Part 121 (Liquid Industrial Waste) of Act 451 
Hazardous Waste (Permit Program)  Ensures proper management of hazardous waste from "cradle to grave", including solvents and toxic metals.  MDEQ - Waste and Hazardous Materials Division  Part 111 (Hazardous Waste Management) of Act 451 
    U.S. EPA  RCRA 
Industrial Wastewater (Permit Program)  Regulates industrial wastewater discharges to municipal wastewater treatment plants and directly to surface waters.  MDEQ - Water Division  Part 31 (Water Resources Protection) and Part 41 (Sewerage Systems) of Act 451; 
    U.S. EPA Clean Water Act - NPDES  40 CFR 403 -General Pretreatment Regulations for Existing and New Sources 
    Local Municipal Wastewater Treatment Plant  Local Ordinance Discharge Limits 
Storm Water from Industrial Facilities (Permit Program)  Regulates storm water discharge to surface waters associated with certain industrial activities  MDEQ - Water Division U.S. EPA  Part 31 (Water Resources Protection) of Act 451 NPDES
Storm Water from Construction Activities (Permit Program)  Regulates storm water discharge to surface waters associated with construction activities that disturb soil.  MDEQ - Water Division U.S. EPA  Part 31 (Water Resources Protection) of Act 451 NPDES
Wastewater Discharges to Groundwater (Permit Program)  Regulates the activities associated with discharging wastewater that can reach groundwater.  MDEQ - Water Division  Part 31 (Water Resources Protection) and Part 41 (Sewerage Systems) of Act 451 
Discharges of Water to County Drain (Permit Program)  Required for discharges of water to a County Drain, including installation of new discharge piping.  Local County Drain Commission  Michigan Drain Code, PA 40 of 1956 
Fire Prevention (No Permit Program)  Inspection program to ensure that industrial facilities meet certain fire prevention criteria, including hazardous material storage Adopts and enforces the International Building Code, with Michigan amendments  Local Fire Department and Department of Consumers and Industry Services Local Units of Government  Michigan Fire Prevention Code, Act 207 of 1941, as amended (Act 207) State Construction Code Act, Act 230 of 1972, as amended (Act 230) 
Open Burning (Permit Program)  Required for open burning of certain materials  Local Fire Chief  Part 515 (Forest Fire Prevention) of Act 451 
Wetlands, Streams, and Floodplains (Permit Program)  Required for activities that may disturb wetlands, including depositing fill material and draining of surface water, streams, and floodplains  MDEQ - Geological and Land Management Division  Part 303 (Wetlands Protection), 
Part 301 (Inland Lakes and Streams), and
Part 31 (Floodplains) of Act 451
    U.S. Army Corp of Engineers, Detroit Office Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403);
      Section 404 of the Clean Water Act (33 U.S.C. 1344
Soil Erosion and Sediment Control (Permit Program)  Required for construction projects that could pollute waters of the state  County Unit of Government (e.g. Public Health Department)  Part 91 (Soil Erosion and Sediment Control) of Act 451 
Mineral Well Exploration (Permit Program)  Required for exploration well installations.  MDEQ - Geological and Land Management Division  Part 625 (Mineral Wells) of Act 451 
Metallic Mining (Permit Program)  Required for open pit (surface) mining of metallic minerals  MDEQ- Geological and Land Management Division  Part 631 (Reclamation Mining Lands) Act 451 
Metallic Minerals Mining Lease on State Owned Land (Permit Program)  Required for mining metallic minerals on state owned land under a lease; also requires approval of a mining and reclamation plan MDNR - Forest, Mineral, and Fire Management Division  Part 5 (Metallic Minerals Leasing Program) of Act 451 
Surface Use of State Owned Land (Permit Program)  Required for surface use of state owned land  MDNR - Forest, Mineral, and Fire Management Division  Part 5 (Metallic Minerals Leasing Program) of Act 451