Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 23-2711
Permits
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 23, TITLE 27
§ 23-2711. Permits.

1. After September first, nineteen hundred ninety-one, any person who
mines or proposes to mine from each mine site more than one thousand
tons or seven hundred fifty cubic yards, whichever is less, of minerals
from the earth within twelve successive calendar months or who mines or
proposes to mine over one hundred cubic yards of minerals from or
adjacent to any body of water not subject to the jurisdiction of article
fifteen of this chapter or to the public lands law shall not engage in
such mining unless a permit for such mining operation has been obtained
from the department. A separate permit shall be obtained for each mine
site.

2. Applications for permits may be submitted for annual terms not to
exceed five years. A complete application for a new mining permit shall
contain the following:

(a) completed application forms;

(b) a mined land-use plan;

(c) a statement by the applicant that mining is not prohibited at that
location; and

(d) such additional information as the department may require.

3. Upon receipt of a complete application for a mining permit, for a
property not previously permitted pursuant to this title, a notice shall
be sent by the department, by certified mail, to the chief
administrative officer of the political subdivision in which the
proposed mine is to be located (hereafter, "local government"). Such
notice will be accompanied by copies of all documents which comprise the
complete application and shall state whether the application is a major
project or a minor project as described in article seventy of this
chapter.

(a) The chief administrative officer may make a determination, and
notify the department and applicant, in regard to:

(i) appropriate setbacks from property boundaries or public
thoroughfare rights-of-way,

(ii) manmade or natural barriers designed to restrict access if
needed, and, if affirmative, the type, length, height and location
thereof,

(iii) the control of dust,

(iv) hours of operation, and

(v) whether mining is prohibited at that location.

Any determination made by a local government hereunder shall be
accompanied by supporting documentation justifying the particular
determinations on an individual basis. The chief administrative officer
must provide any determinations, notices and supporting documents
according to the following schedule:

(i) within thirty days after receipt for a major project,

(ii) within thirty days after receipt for a minor project.

(b) If the department finds that the determinations made by the local
government pursuant to paragraph (a) of this subdivision are reasonable
and necessary, the department shall incorporate these into the permit,
if one is issued. If the department does not agree that the
determinations are justifiable, then the department shall provide a
written statement to the local government and the applicant, as to the
reason or reasons why the whole or a part of any of the determinations
was not incorporated.

(c) A proposed mine of five acres or greater total acreage, regardless
of length of the mining period, shall be a major project. The department
shall, by regulation, provide a minimum thirty day public comment period
on all permit applications for mined land reclamation permits classified
as major projects.

4. Upon approval of the application by the department and receipt of
financial security as provided in section 23-2715 of this title, a
permit shall be issued by the department. Upon issuance of a permit by
the department, the department shall forward a copy thereof by certified
mail, to the chief executive officer of the county, town, village, or
city in which the mining operation is located. The department may
include in permits such conditions as may be required to achieve the
purposes of this title.

5. A permit issued pursuant to this title or a certified copy thereof,
must be publicly displayed by the permittee at the mine and must at all
times be visible, legible, and protected from the elements.

6. The department may suspend or revoke a permit to mine for repeated
or willful violation of any of the terms of the permit or provisions of
this title or for repeated or willful deviation from those descriptions
contained in the mined land-use plan. The department may refuse to renew
a permit upon a finding that the permittee is in repeated or willful
violation of any of the terms of the permit, this title or any rule,
regulation, standard, or condition promulgated thereto.

7. Nothing in this title shall be construed as exempting any person
from the provisions of any other law or regulation not otherwise
superseded by this title.

8. Notwithstanding any other provision of law, counties, cities, towns
and villages shall be exempted from the fees for the permit,
application, amendment and renewal required by this article.

9. Counties, cities, towns and villages shall not be required to
obtain a permit if such county, city, town or village mines or proposes
to mine from any mine site less than one thousand tons or seven hundred
fifty cubic yards, whichever is less, of minerals from the earth within
twelve successive calendar months and which does not require a permit
pursuant to title five of article fifteen of this chapter.

10. The applicant, permittee or, in the event no application has been
made or permit issued, the person engaged in mining shall have the
primary obligation to comply with the provisions of this title as well
as the conditions of any permit issued thereunder.

11. Permits issued pursuant to this title shall be renewable. A
complete application for renewal shall contain the following:

(a) completed application forms;

(b) an updated mining plan map consistent with paragraph (a) of
subdivision one of section 23-2713 of this title and including an
identification of the area to be mined during the proposed permit term;

(c) a description of any changes to the mined land-use plan; and

(d) an identification of reclamation accomplished during the existing
permit term.

12. The procedure for transfer of a permit issued pursuant to this
title is the procedure for permit modification pursuant to article
seventy of this chapter.

12-a. (a) Notwithstanding any provision of this section to the
contrary, any person who engages in or proposes to engage in bluestone
mining exploration shall not commence such exploration unless a written
authorization for such exploration has been obtained from the
department. The department may grant an authorization for bluestone
mining exploration for a period of at least one hundred eighty days and
not to exceed one year where the land affected by mining will not exceed
one acre, and is not adjacent to any body of water. Bluestone to be
removed from the site may not exceed five hundred tons in twelve
successive calendar months and any overburden shall remain on the one
acre site at all times. As used in this subdivision, the term
"bluestone" means quartz/feldspathic sandstone of Devonian age, which is
easily separated along bedding planes.

(b) Only persons with five or fewer employees shall be eligible to
apply for an authorization for bluestone mining exploration, provided,
however that a small business shall be eligible to apply on behalf of
such a person. A person may possess no more than five authorizations for
bluestone mining exploration at any one time, and no such authorizations
shall be for adjacent sites. As used in this paragraph, "small business"
means any business which is resident in this state, independently owned
and operated, not dominant in its field, and employing not more than one
hundred individuals.

(c) An application for authorization must be submitted on a form
prescribed by the department at least forty-five days before exploration
and removal of bluestone is expected to commence. The requirements of
such application shall include, but not be limited to, a description of
the proposed activity, a map showing the area to be affected by mining,
with the location of the one acre site on which mining activities are
proposed and a statement that such mining activities conform with local
zoning, copies of any local permits, and measures to control erosion of
sediment and prevent contamination of groundwater or adverse impacts to
aquifers. Upon receipt of a complete application for bluestone mining
exploration authorization, for a property not previously authorized
pursuant to this subdivision, a notice shall be sent by the department,
by certified mail, to the chief administrative officer of the political
subdivision in which the proposed bluestone mine is to be located. Such
notice shall be accompanied by copies of all documents which comprise
the complete application. The chief administrative officer may make a
determination within thirty days after receipt accompanied by supporting
documentation justifying the particular determinations on an individual
basis pursuant to subparagraphs (i), (ii), (iii), (iv) and (v) of
paragraph a of subdivision three of this section.

(d) An authorization for bluestone mining exploration issued pursuant
to this subdivision must be publicly displayed by the holder at the one
acre site and must at all times be visible, legible and protected from
the elements.

(e) The person engaged in bluestone mining exploration shall complete
reclamation, in accordance with requirements set forth by the
department, no later than one year from the date of authorization by the
department unless the person engaged in mining obtains a renewal of the
authorization or a permit pursuant to this title. An authorization
issued pursuant to this section may be renewed for an additional one
year term upon application to the department at least thirty days prior
to the expiration of the authorization. The total authorization period
shall not exceed two years. Before the department may issue a bluestone
mining exploration authorization, the applicant shall furnish acceptable
financial security. Department review of acceptable financial security
shall be governed by the provisions set forth in section 23-2715 of this
title and the regulations promulgated pursuant to such section. There
shall be no fee for such authorization.

(f) On or before March fifteenth, two thousand eight, the department
shall submit a report to the governor and legislature regarding
bluestone mining exploration in the state. Such report shall list the
sites, including locations of sites, and detrimental environmental
impacts, if any, an assessment as to the degree to which the adoption of
this subdivision benefits the environment, as well as an assessment of
the enforcement activities undertaken against individuals authorized
pursuant to this subdivision.

13. The rules and regulations adopted by the department to implement
this title and the provisions of article seventy and rules and
regulations adopted thereunder shall govern permit applications,
renewals, modifications, suspensions and revocations under this title.