Mine permits would bar sulfate increases in Rainy River headwaters

The natural resources commissioner could issue a permit for a nonferrous metal mine only if it meets the sulfate and monitoring requirements. These requirements apply to nonferrous metal mine permits within the Rainy River headwaters. The permit must bar mining if the mine causes sulfate in affected surface water or groundwater to rise by more than zero parts per million. The permit must require monitoring of surface water that mining may affect, with results posted on the Pollution Control Agency's surface water data website. This section would take effect the day after final enactment.

If the commissioner finds that a mine caused a sulfate increase above zero parts per million, the commissioner must order operations suspended and assess a $500 million civil penalty. This applies to a permitted nonferrous metal mine in the Rainy River headwaters when the commissioner finds the mine caused the increase. The permittee must stop operations immediately and may resume only after the commissioner reinstates the permit. The commissioner may reinstate the permit after the permittee shows the increase was remedied through three years of continuous water monitoring by a third party approved by the Pollution Control Agency commissioner, and that future mining will not raise sulfate above zero parts per million. The permittee must provide access needed for monitoring and pay the third party's monitoring costs. This section would take effect the day after final enactment.