November 10, 2005, Introduced by Rep. Casperson and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 63203 (MCL 324.63203), as added by 2004 PA 449.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 63203. (1) The department shall administer and enforce
this part in order to regulate nonferrous metallic mineral mining.
In addition to other powers granted to it, the department may
promulgate rules it considers necessary to carry out its duties
under this part, including standards for construction, operation,
closure, postclosure monitoring, reclamation, and remediation of a
nonferrous metallic mineral mine. However, the department shall not
promulgate
any additional rules under this part after December 31,
2005
January 31, 2006.
(2) The department may do either of the following:
(a) Enter at all reasonable times in or upon a mining area for
the purpose of inspecting and investigating conditions relating to
the operation of a mining area. However, an investigation or
inspection under this subsection shall comply with the United
States constitution, the state constitution of 1963, and this
section.
(b) Conduct research or enter into contracts related to mining
areas and the reclamation of mining areas as may be necessary to
implement this part.
(3) Subject to subsections (4) and (5), a local unit of
government shall not regulate or control mining or reclamation
activities that are subject to this part, including construction,
operation, closure, postclosure monitoring, reclamation, and
remediation activities, and does not have jurisdiction concerning
the issuance of permits for those activities.
(4) A local unit of government may enact, maintain, and
enforce ordinances, regulations, or resolutions affecting mining
operations if the ordinances, regulations, or resolutions do not
duplicate, contradict, or conflict with this part. In addition, a
local unit of government may enact, maintain, and enforce
ordinances, regulations, or resolutions regulating the hours at
which mining operations may take place and routes used by vehicles
in connection with mining operations. However, such ordinances,
regulations, or resolutions shall be reasonable in accommodating
customary nonferrous metallic mineral mining operations.
(5) Subsections (3) and (4) do not prohibit a local unit of
government from conducting water quality monitoring.