Mine reclamation-disposal of materials.

Plain English Breakdown

The exact depth requirement for burying inert material is not specified in the official source.

Rules for Disposing Inert Materials at Non-Coal Mining Sites

This law requires the Environmental Quality Council to create rules about using inert materials as backfill in non-coal mining reclamation plans, including setting minimum burial depths and fees.

What This Bill Does

• Requires the Environmental Quality Council to make rules for using inert material as backfill for non-coal mining sites as part of an approved reclamation plan.
• Sets a rule that inert material must be buried at least ten feet below ground level but above any aquifers (underground water sources).
• Requires mine operators who allow disposal of inert materials to pay a 10% fee based on the revenue from disposing these materials.
• Excludes lands and facilities used for burying inert materials under this act from being regulated as solid waste management facilities.

Who It Names or Affects

• Environmental Quality Council
• Department of Environmental Quality
• Mine operators who allow disposal of inert materials

Terms To Know

Inert material

A type of material that is safe to use as backfill in non-coal mining sites.

Reclamation plan

A plan for restoring land after it has been mined.

Limits and Unknowns

• The rules about using inert materials must be made by the Environmental Quality Council, but other parts of the act take effect on July 1, 2022.
• It is not clear how much revenue mine operators will generate from allowing disposal of inert materials.

Official Summary Text

Bill Summary - 22LSO-0283
Bill No.:

HB0123

Effective:

7/1/2022 12:00:00 AM

LSO No.:

22LSO-0283

Enrolled Act No.:

HEA No. 0036

Chapter No.:

96

Prime Sponsor:

Barlow

Catch Title:

Mine reclamation-disposal of materials.

Subject:

Authorizing the disposal of inert materials in certain reclaimed mine sites.

Summary/Major Elements:

This act requires the Environmental Quality Council (through recommendations from the Department of Environmental Quality) to promulgate rules for the use of inert material as backfill for non-coal mining sites as part of an approved reclamation plan.

The act requires the rules to set minimum depth requirements for burial and to ensure that burial is above any aquifers.

The act requires disposal fees of ten percent (10%) of the revenues the mine operator gains from allowing burial of inert material.

The act excludes lands and facilities that allow the burial of inert material under this act from the definition (and regulation as) of a solid waste management facility.

Comments:

The act has a split effective date. Rulemaking authority for the Environmental Quality Council is effective immediately; the remainder of the act is effective July 1, 2022.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

22LSO-0283

ORIGINAL House

ENGROSSED
Bill No
.
HB0123

ENROLLED ACT NO. 36,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session

AN ACT relating to environmental quality; requiring the environmental quality council to establish rules for uses and disposal of inert material in non-coal mining sites as specified; providing definitions; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
11
‑
103(d)(ii)(G) and (e) by creating a new paragraph (xxxi) and 35
‑
11
‑
402
(a)
by creating a new paragraph (xv)
are amended to read:

35
‑
11
‑
103.

Definitions.

(d)

Specific definitions applying to solid waste management:

(ii)

"Solid waste management facility" means any facility for the transfer, treatment, processing, storage or disposal of solid waste, but does not include:

(G)

Lands and facilities subject to W.S. 35
‑
11
‑
402(a)(xiii)
or (xv)
.

(e)

Specific definitions for land quality:

(xxxi)

"Inert material" means a material that is suitable as backfill into non
‑
coal mining sites as determined by W.S. 35
‑
11
‑
402(a)(xv).

35
‑
11
‑
402.

Establishment of standards.

(a)

The council shall, upon recommendation by the advisory board through the administrator and the director, establish rules and regulations pursuant to the following
reclamation standards for the affected areas, including but not limited to:

(xv)

Rules and regulations governing the use of inert material as backfill for non
‑
coal mining sites as part of an approved reclamation plan. Rules promulgated under this paragraph shall, at a minimum, provide for:

(A)

Minimum depth requirements for the burial of inert material to be buried below the surface and above any aquifers as defined in W.S. 35
‑
11
‑
103(h)(i). In setting depth requirements under this subparagraph, the council, administrator and director may consult standards for solid waste management facilities established by the solid and hazardous waste management division;

(B)

Disposal fees to be remitted to the department by the operator who allows disposal of inert material in non
‑
coal mining sites, which shall be ten percent (10%) of any revenues collected by the operator for the disposal of the inert material. The fees collected under this subparagraph shall be credited to the general fund;

(C)

The incorporation or amendment of any rules pertaining to solid and hazardous waste necessary to allow for the disposal of inert material in non
‑
coal mining sites to be reclaimed.

Section 2
.

The department of environmental quality and the environmental quality council shall promulgate all rules necessary to implement this act.

Section 3.

(a)

Except as provided in subsection (b) of this section, this act is effective July 1, 2022.

(b)

Sections 2 and 3 of this act are
effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1