Mine Closure Regulation

Mine Closure Regulation, M.R. 67/99 The Mines and Minerals Act , C.C.S.M. c. M162 Regulation 67/99 Registered March 26, 1999 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS AND INTERPRETATION 1 Definitions 2 Application to non-aggregate quarries PART 2 ADVANCED EXPLORATION PROJECTS 3 Proponent's duties 4 Proponent to ensure closure plan filed PART 3 OPERATING MINES 5 Operator of mine to file notice and plan PART 4 SUSPENSION OR CLOSURE OF ADVANCED EXPLORATION PROJECT OR MINE 6 Notice of suspension or closure PART 5 CLOSURE PLANS 7 Filing a closure plan 8 Notice of expansion or alteration 9 Content of closure plan 10 Content of annual report 11 Proponent of AEP to comply with plan 12 Operator of mine to comply with plan 13 Operator of non-aggregate quarry to comply with plan PART 6 REHABILITATION OF SITES OF SUSPENDED OR CLOSED PROJECTS 14 Suspension of operation of AEP or mine 15 Closure of operation of AEP or mine 16 Measures to be evaluated by engineer 17 Director may vary measures PART 7 SECURITY 18 Closure plan to include cost schedule 19 Form and amount of security 20 Notice of rehabilitation order 21 Certain costs recoverable as debt due PART 8 REVIEW AND COMING INTO FORCE 22 Review and recommendation 23 Coming into force PART 1 DEFINITIONS AND INTERPRETATION Definitions 1(1) In this regulation, "Act" means The Mines and Minerals Act ; («  Loi  ») "approved closure plan" means a closure plan approved by the director (a) in respect of an advanced exploration project, under section 74 (commencement or recommencement of project) or 191 (revised plan) of the Act, and (b) in respect of a mine, under section 111 (commencement or recommencement of mining) or 191 (revised plan) of the Act. (« plan de fermeture approuvé ») Meaning of "suspended" 1(2) For the purpose of this regulation, the operation of an advanced exploration project or mine is suspended if (a) the proponent of the advanced exploration project or the operator of the mine gives notice under section 6 that the operation is suspended; (b) during the period of suspension, no activity takes place on the site in respect of the operation of the project or mine; and (c) the provisions of the approved closure plan are continued at the site of the project or mine while the operation is suspended, in accordance with subsection 189(1) (progressive rehabilitation during the life of a project) of the Act and this regulation. Effect of suspension and of closure of operation 1(3) For greater certainty, the proponent of an advanced exploration project is required to recommence the project under section 74 of the Act, and the operator of a mine is required to recommence mining under section 111 of the Act if the project or mine is temporarily or permanently closed, but is not required to do so if the operation of the project or mine is suspended. Application to non-aggregate quarries 2 The provisions of this regulation relating to the filing of a closure plan in respect of a mine apply with necessary modifications to the persons and closure plans referred to in subsections 128(3) and 188(2) (closure plan for private non-aggregate quarry) of the Act. PART 2 ADVANCED EXPLORATION PROJECTS Proponent's duties re new or recommenced AEP 3 The proponent of an advanced exploration project shall ensure that (a) the notice and closure plan required under subsection 74(2) of the Act is filed with the director not less than 30 days before the operation of the project is commenced or, in the case of a project that has been temporarily or permanently closed, recommenced; and (b) work on the project does not commence or recommence until the director approves the plan. Proponent of operating or suspended AEP to ensure closure plan filed 4(1) The proponent of an advanced exploration project that is in operation, or the operation of which is suspended, on the day this regulation comes into force and in respect of which no closure plan has been filed with the director under section 74 of the Act shall ensure that (a) within 30 days after that day, a closure plan that conforms to the requirements of section 74 of the Act and this regulation is filed with the director; and (b) the plan includes a statement that the proponent is aware of the requirements of sections 188 (proponent to carry out closure plan), 189 (progressive rehabilitation) and 190 (annual report on rehabilitation) of the Act. Application of Act to filed closure plan 4(2) Subsections 74(3) (director may require changes) and (5) (duty of director) of the Act apply with necessary modifications to a closure plan filed under this section. PART 3 OPERATING MINES Operator of mine to file notice and plan 5(1) The operator of a mine that is in operation, or the operation of which is suspended, on the day this regulation comes into force and in respect of which no closure plan has been filed with the director under section 111 of the Act shall file with the director (a) within 60 days after that day, the name and address of the operator, the name of the mine, and the person authorized by the operator to be the contact person in respect of the mine; and (b) within 120 days after that day, a closure plan that conforms to the requirements of section 111 of the Act and this regulation, and includes a statement that the operator is aware of the requirements of sections 188 (plan to be carried out), 189 (progressive rehabilitation) and 190 (annual report on rehabilitative work) of the Act. Application of Act to filed closure plan 5(2) Subsections 111(3) (director may require changes) and (5) (duty of director) of the Act apply with necessary modifications to a closure plan filed under this section. PART 4 SUSPENSION OR CLOSURE OF ADVANCED EXPLORATION PROJECT OR MINE Notice to be given re suspension or closure of AEP or mine 6 A proponent of an advanced exploration project or an operator of a mine who intends to suspend the operation of the project or mine for not less than 90 days or to close the operation temporarily or permanently shall (a) give written notice to the director (i) in the case of an advanced exploration project, of not less than 30 days, and (ii) in the case of a mine, not less than 90 days, before the suspension or closure is intended to take place; and (b) where the notice is in respect of closure, include a statement that the proponent or operator is aware of the requirement of section 189 (rehabilitation of site, immediate notice of actual closure) of the Act and (i) in the case of an advanced exploration project, section 74 (recommencement of closed project) of the Act, and (ii) in the case of a mine, section 111 (recommencement of closed mine) of the Act. PART 5 CLOSURE PLANS Filing closure plan for AEP, mine or quarry 7 A person filing a closure plan under section 74 (advanced exploration project), section 111 (mine), subsection 128(3) (non-aggregate quarry) or section 191 (revised plan) of the Act shall file an original copy signed by the person or an agent authorized in writing by the person, and two copies. EXPANSION OR ALTERATION OF PROJECT Notice to be given of expansion or alteration of AEP or mine 8(1) A proponent of an advanced exploration project or the operator of a mine giving notice to the director under section 192 of the Act of an expansion or alteration of the project or mine shall do so not less than 30 days before the expansion or alteration is to commence. Revised closure plan based on expansion or alteration 8(2) When a notice is given under section 192 of the Act, (a) the proponent may submit a revised closure plan under subsection 191(1) of the Act; or (b) the director may request the proponent to submit a revised closure plan under subsection 191(2) of the Act. CONTENT OF CLOSURE PLANS Content of closure plan 9 A closure plan must include the following: (a) the name and address of the proponent or operator of the project; (b) the name of the project; (c) the legal description of the project site; (d) the name, address and telephone number of any person authorized to act on behalf of the proponent or operator in respect of the plan; (e) the surface rights, mineral rights or mineral access rights held by the proponent or operator in respect of the project site; (f) the previous use of the project site; (g) a description of any previous disturbance or other activity that has, or could have, resulted in contamination of the project site or land adjoining the site; (h) current conditions and activities on the site and security measures employed; (i) a plan showing the location and use of equipment, machinery, buildings and other structures on the project site or in the area in which the site is located; (j) a plan of the project site or the area in which the site is located, drawn to scale and showing the boundaries of the proponent's surface rights and the areas within those boundaries that will or could be subject to disturbance, alteration or contamination as a result of the project; (k) mining and milling processes to be employed in the operation of the project and the planned production levels expressed in tonnes per day; (l) the expected life of the project expressed in months or years; (m) the nature, location and expected size of areas for the storage of tailings, including associated structures and treatment systems; (n) dams and other drainage control structures and details of watercourses; (o) crown pillars and mine openings to the surface; (p) an assessment of the effect of all mine openings on the stability of the surface areas above and adjacent to areas of mining activity to determine whether the surface areas are likely to be disturbed; (q) a description and schedule of any development work that could cause disturbances or hazards at the project site or land adjoining the site; (r) the nature and location of systems for the treatment, management or disposal of waste and for storage of petroleum products, chemicals, hazardous substances and toxic substances; (s) expected conditions of and uses for the project site following permanent closure of the project and rehabilitation of the site; (t) the stages by which the project will be temporarily or permanently closed and, in accordance with subsection 189(1) of the Act, a schedule of the practices and procedures by which progressive rehabilitation of the project site will be carried out during the life of the project and at each stage of closure; (u) the monitoring to be carried out at the project site during the life of the project and at each stage of closure; (v) the procedures to be used to evaluate and verify compliance with the plan during the life of the project and at each stage of closure; (w) the information required under Part 7 (security). ANNUAL REPORT Content of annual report 10(1) The proponent of an advanced exploration project or the operator of a mine who submits a report to the director under section 190 (annual report re rehabilitation work) of the Act shall ensure that the report contains the following information: (a) the name, address and telephone number of the proponent or operator and the senior project manager; (b) the name of the project; (c) the nature and extent of the rehabilitation carried out on the project site in the 12 months ending on the anniversary date of the commencement or recommencement of the project, and to be carried out in the 12 months following the anniversary date; (d) an evaluation of whether or not the approved closure plan is adequate to properly rehabilitate the site. Revised closure plan 10(2) When the report indicates that the closure plan is not adequate to properly rehabilitate the project site, (a) the operator or proponent may submit a revised plan to the director under subsection 191(1) (voluntary revisions to plan) of the Act; or (b) the director may request a revised plan under subsection 191(2) (mandatory revised plan) of the Act. COMPLIANCE Proponent of AEP to comply with closure plan 11 The proponent of an advanced exploration project shall comply with a closure plan approved under section 74 of the Act or, in the case of a revised plan, section 191 of the Act. Operator of mine to comply with closure plan 12 The operator of a mine shall comply with a closure plan approved under section 111 of the Act or, in the case of a revised plan, section 191 of the Act. Operator of non-aggregate quarry to comply 13 The operator of a quarry referred to in subsection 128(3) of the Act shall comply with the closure plan accepted by the director under subsection 188(2) of the Act or, in the case of a revised plan, under section 191 of the Act. PART 6 REHABILITATION OF SITES OF SUSPENDED OR CLOSED PROJECTS SUSPENDED OPERATION OF PROJECT Suspension of operation of AEP or mine 14(1) Before the operation of an advanced exploration project or mine is suspended, the proponent of the project or the operator of the mine shall take all necessary protective measures to prevent personal injury, property damage and damage to the environment while the operation is suspended. Measures to be taken 14(2) Subject to section 16 (director may vary measures), the protective measures must include the following: (a) the protection of every mine opening, building and other structure on the project site against access by unauthorized persons; (b) the maintenance of all mechanical, hydraulic and waste management systems; (c) the continuation of all monitoring programs; (d) the control of all contaminated effluents; (e) the securing of all petroleum products, chemicals and waste; (f) the rendering of all tailings, dams and piles of earth, rock and waste resulting from work done on the project site in a stable and safe condition. Annual report to comment on period of suspension 14(3) When the report required under section 190 (annual report on rehabilitation work) of the Act is in respect of a period in which operations are suspended, the rehabilitation work carried out before and during that period must be set out in a separate part of the report. PERMANENT CLOSURE OF PROJECT Closure of operation of AEP or mine 15(1) Before the operation of an advanced exploration project or mine is closed, the proponent of the project or the operator of the mine shall take all protective measures necessary to prevent personal injury, property damage and damage to the environment. Measures to be taken 15(2) Subject to section 16 (director may vary measures), the protective measures must include the following: (a) the solid bulkheading of all shafts and raises open to surface with a reinforced concrete cap; (b) the sealing of all entries to and exits from the project to prevent unauthorized or inadvertent access; (c) the stabilization and securing of all openings to the surface that create or could create a hazard greater than any hazard associated with the natural topographic features of the area; (d) the stabilization of all surface areas disturbed or likely to be disturbed by the project and the protection of the areas from unauthorized access; (e) the dismantling of all buildings, power transmission lines, pipelines and other structures and their removal from the site; (f) the removal of all machinery, equipment and storage tanks from the site; (g) the removal of all concrete structures, foundations and slabs from the site or covering them with overburden to promote re-vegetation; (h) the removal of all petroleum products, chemicals and waste from the project site; (i) the rehabilitation of all landfill sites and other waste management sites; (j) if petroleum products, chemicals or waste have been stored during the life of the operation, the testing of the soil in the immediate vicinity of the storage sites and the control or disposal of any contaminated soil; (k) the management of all areas in which tailings are impounded or waste or overburden is accumulated to ensure stability and erosion control; (l) the breaching of all structures previously used for the control of tailings or water, or the stabilization of the structures against any static or dynamic loading to which they might be subjected; (m) the restoration of all watercourses to their original courses or directed to new courses that will sustain themselves in the future without maintenance and that are consistent with the intended future use of the land; (n) the removal or preparation of roads, railways, airstrips and paths to promote re-vegetation. Certain measures to be evaluated by engineer 16 The proponent of an advanced exploration project or the operator of a mine shall, not later than 60 days after the completion of the work described in clause 14(2)⁠(f) or 15(2)⁠(l) submit to the director an evaluation of the long term stability of measures taken under those clauses prepared, signed and sealed by a professional engineer. Director may vary measures 17 A proponent of an advanced exploration project or the operator of a mine is not required to carry out a measure referred to in subsection 14(2) or 15(2) where, in the opinion of the director, the measure (a) is unsafe or impracticable; (b) would adversely affect the environment; or (c) is inconsistent with a land use control measure set out in a statute, regulation or municipal by-law. PART 7 SECURITY Closure plan to include schedule of costs 18(1) A closure plan must include a schedule of the estimated capital costs and operating costs of carrying out, in accordance with the plan, closure of the project site, rehabilitation of the site and programs to monitor and manage the site after closure. Cost schedule to be certified 18(2) The schedule must be certified by (a) a professional engineer, as defined in The Engineering and Geoscientific Professions Act, a geologist employed on the project, or a person entitled to practise as an accountant under the authority of an Act of the Legislature; and (b) where the proponent or operator is a corporation, a director or officer of the corporation. Form and amount of security 19 The security filed with a closure plan under section 74 (advanced exploration project), 111 (mine), 188(2) (non-aggregate quarry) or 191 (revised plan) (a) must be specified in the plan; and (b) must be in a form and amount acceptable to the director, which may include a cash deposit, as defined in subsection 1(1) of the Act. Notice of intention to issue rehabilitation order 20(1) A notice given to a proponent by the director under subsection 193(2) (notice of intention to issue rehabilitation order) of the Act shall be served on any individual or person referred to in the closure plan as a source of the security filed with the plan. Content of notice and manner of service 20(2) The notice referred to in subsection (1) (a) shall include a statement that section 193 of the Act permits the director to issue an order for rehabilitation and to use the security filed with the closure plan to meet the costs of rehabilitation; and (b) shall be served pursuant to subsection 214(7) (application of service provisions in section 214) of the Act. Certain costs recoverable as debt due to Crown 21 Where security provided under a closure plan does not cover the costs incurred in rehabilitation performed under section 193 (rehabilitation on order of director) of the Act, the cost not covered by the security is a debt due to the Crown and is recoverable as such from the proponent or operator in a court of competent jurisdiction in the name of His Majesty in right of Manitoba. PART 8 REVIEW AND COMING INTO FORCE Review and recommendation 22 Not later than January 1, 2004, the minister shall (a) review the effectiveness of the operation of this regulation after consulting such persons affected by the regulation as the minister considers appropriate; and (b) if the minister considers it advisable, recommend to the Lieutenant Governor in Council that the regulation be amended or repealed. Coming into force 23 This regulation comes into force 60 days after registration.