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What Laws Govern Mine Site Clean-up?
A diverse spectrum of laws can, and have, triggered the cleanup
of minesites. These laws vary by State. Federal laws apply to all
50 states and these statutes are enforced as uniformly as humanly
possible, while State laws may be absent or restrictive. The Agencies,
both Federal and State, employ professionals with dissimilar experience
and expertise. Between variation in the human and legal resource,
no common trigger for cleanup exists. Yet, many mine sites have
been, and will be, remediated in the future.
Permits governing operational mines are a common trigger for mineland
reclamation. Often, elaborate permitting for a mine site includes
a detailed plan for reclamation. Abandoned mines are typically cleaned
up by governmental Agencies or by a responsible party. The Federal
Superfund program has served as the societal safety net for many
large derelict mine disturbances. Individual States sometimes mirror
the Federal Superfund statute with similar pollution cleanup laws
which can trigger reclamation. When a responsible party is financially
able to conduct a cleanup the willingness of the PRP (potential
responsible party) greatly influences the degree to which the cleanup
is voluntary and the degree to which to cleanup is adequate. Cleanups
such as these are typically initiated by the U.S. Environmental
Protection Agency or State Department of Environmental Quality.
Land management agencies, such as the U.S. Forest Service, will
sometimes initiate mineland cleanups as a management activity of
a public resource. Recent Federal initiatives for Watershed Health
have dramatically increased the interest in mitigating the effects
of historic mineland areas on water quality. The number of impaired
watersheds and public lands degraded by historic mines is staggering.
Lawsuits, public urgency, endangered species, recreational opportunities,
municipal growth and dozens of other reasons have triggered mineland
cleanup. The complexity of the legal landscape is as diverse as
the disturbances themselves. The common thread is a societal need
for clean water, clean lands and healthy ecosystems. These basic
needs support our societal need for a robust economy and healthful
environment, both of which are impaired by unreclaimed mine sites.
Problem | Compliance
| Health & Safety | Sampling
| Analytical | Data
Quality
Site Assessment | Prediction
| Construction | GIS
| Monitoring & Assessment
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