SB 849 Summary

• Adds new Section 1708 establishing that aggregate mining operations cannot pollute, impair, or destroy natural resources, notwithstanding any zoning ordinance authorization, though excavation and removal of aggregates themselves do not constitute such destruction.

• Requires persons proposing to use water withdrawal for aggregate mining extraction to obtain a water withdrawal permit from the Department of Environment, Great Lakes, and Energy prior to making the withdrawal.

• Applicants for mining-related water withdrawal permits must submit a $2,000 application fee, application information per Section 32706c(4)(a) to (e), and an evaluation of existing hydrological and hydrogeological conditions.

• Department must provide at least 45 days of public comment period and make a permitting decision within 120 days of receiving a complete application; permits may be revoked if the withdrawal causes an adverse resource impact based on clear and convincing scientific evidence.

• Bill takes effect only if Senate Bill No. 431 of the 100th Legislature is enacted into law.