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MI HB4528
Bill
Status
5/4/2023
Primary Sponsor
Angela Witwer
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AI Summary
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Establishes Part 639 creating a state-level regulatory framework for sand and gravel mining operations in Michigan, replacing local regulation.
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Requires sand and gravel mining permits from the Department of Environment, Great Lakes, and Energy, with a $5,000 application fee and detailed mining and reclamation plans, except for de minimis extraction (under 5,000 cubic yards for personal use) and existing mines with deposits of 1,000,000 tons or less unless operator elects to be regulated.
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Preempts local ordinances and regulations that prohibit, regulate, or conflict with state mining standards; establishes specific setback distances (50 feet from roads/property lines, 200-300 feet for processing equipment), slope requirements, and operational standards for dust, noise, and vibration control.
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Imposes annual surveillance fees on mining operators (up to 5 cents per ton of sand and gravel sold) deposited into a sand and gravel surveillance fund for department administration and enforcement.
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Establishes enforcement procedures including permit revocation, mining suspension (up to 30 days), civil fines up to $1,000,000 for substantial endangerment violations, criminal penalties up to 2 years imprisonment for false statements, and gives Ingham County Circuit Court exclusive jurisdiction over mining permit disputes.
Legislative Description
Natural resources: mining; regulations for mining of sand and gravel operations; modify. Amends sec. 9115 of 1994 PA 451 (MCL 324.9115) & adds pt. 639. TIE BAR WITH: HB 4526'23, HB 4527'23
State agencies (existing): natural resources
Last Action
Bill Electronically Reproduced 05/04/2023
5/9/2023