Metallic Mineral Waste Management permits are issued to operators by the department under the Metallic Minerals Waste Management Act. The act is a state law with no federal oversight.

Mineral processing wastes are referred to in the federal Resource Conservation and Recovery Act (RCRA) as wastes that are generated during the extraction and beneficiation of ores and minerals and are exempt under RCRA under the Bevill Amendment by the Environmental Protection Agency. These wastes can be subdivided into a number of categories: waste rock, mill tailings, coal refuse, wash slimes and spent oil shale. The mining and processing of mineral ores results in the production of large quantities of residual wastes that are for the most part earth- or rock-like in nature.

Length of Permit

Issued for one year. The permit must be renewed annually until the determination is made that inspection-maintenance is no longer required.

Laws, Rules and Regulations

How to Apply

Applications

Applications consist of financial assurance information and detailed waste management area closure and inspection-maintenance plans that must be reviewed and updated every five years. The plans establish and explain the technical steps proposed to accomplish and maintain closure after mining and waste disposal is completed. Issues addressed in the plans include:

During the ongoing permit application review, the program coordinates with the other areas within the department that are involved with the metallic minerals waste management areas. These include the department’s Air Pollution Control Program, Water Protection Program, Waste Management Program, Environmental Remediation Program and Missouri Geological Survey. This coordination process allows other programs to review and comment on the technical aspects of the plans so all environmental issues may be incorporated into the permit.

Fees

A processing fee of $10,000 shall accompany the filing of the application for a facility or metallic minerals waste management area.  An annual fee of $7,500 per facility or metallic minerals waste management are is due when the permit is approved and on each anniversary date thereafter until the determination is made that inspection-maintenance is no longer required.

All sums received through the payment of fees or the forfeiture of bonds pursuant to sections 444.352 to 444.380 RSMo will be placed in the state treasury and credited to the "Metallic Minerals Waste Management Fund."

Additional, a financial assurance instrument in the amount of $20,000 for the first 20 acres shall be submitted. If the acreage totals more than 20 acres, than an additional $1,000 per acre is required.

Timeline/ Process

An application, closure plan and inspection-maintenance plan are submitted to the department. Staff review the application packet for completeness. This process can take up to three months, or even longer if necessary. The department will request additional information if the application is not complete, which will delay the review process. 

During the ongoing permit application review, the program coordinates with the other areas within the department that are involved with the metallic minerals waste management areas. These include the department’s Air Pollution Control Program, Water Protection Program, Waste Management Program, Environmental Remediation Program and Missouri Geological Survey. This coordination process allows other programs to review and comment on the technical aspects of the plans so all environmental issues may be incorporated into the permit. 

The department staff will provide comments on the application packet to the applicant if necessary. If all comments were addressed satisfactorily, or no additional comments, then the application packet review process is completed. If there are additional comments, another round of comments are made and submitted back to the applicant. The department will continue the process until everything has been fully addressed and answered before a final determination is completed. 

Public Participation

There are no public notification or public participation process involved during this permitting activity.

Administrative Hearing Commission

Anyone who is adversely affected by the director's decision to issue, deny, suspend or revoke a permit must appeal within 30 days of the decision to the Administrative Hearing Commission as provided by 621.250.3 RSMo. All appeals must be filed by petition and send to:

Administrative Hearing Commission
PO Box 1557
Jefferson City, MO 65102
Phone: 573-751-2422
Fax: 573-751-5018
Website: Administrative Hearing Commission

Requirements

Reporting

The permit holder is required to submit quarterly reports for groundwater monitoring to the department. The purpose of the plan shall be to prevent the contamination of groundwater in aquifers through the disposal of metallic minerals waste. The plan shall include, but not be limited to:

  • (A) An analysis of groundwater quality in the aquifers identified in the permit application;
  • (B) The design and construction of monitoring wells;
  • (C) A groundwater monitoring program during the active life of the site, during closure and throughout the inspection-maintenance period; and
  • (D) A description of the methods the operator will use to prevent the contamination of aquifers.

The groundwater protection plan preparation, review and implementation shall be based upon technology and methods of sample collection, analysis and evaluation that are currently acceptable and available to the geologic, hydrologic, engineering and mining professions.

Contaminants from metallic minerals waste disposal shall not cause or contribute to the exceedance in aquifers of Missouri’s Water Quality Standards in 10 CSR 20-7.031(5). The director may establish groundwater monitoring compliance points as necessary to achieve this objective.

Renewal

The department mails an invoice to all permit holders annually to pay their annual operating permit fee. Permittees are also required to submit their groundwater reports by email to the Land Reclamation Program.

Resources

Inspections and Enforcement

Inspections are performed semiannually on the 11 metallic minerals waste management permit areas within Missouri. During the course of these inspections, all aspects of each company’s permits are evaluated. The main focus of these inspections is to assess the company's compliance with environmental laws administered by the Missouri Department of Natural Resources. The program is entrusted as the coordinating agency within the department for each active metallic mineral producer currently operating in Missouri. 

Enforcement under this law is significantly different from enforcement under either the coal or industrial minerals units of the program. If it should become necessary to issue a citation to any of the metal producers, the authority to do so rests solely with the director of the Department of Natural Resources. Enforcement is only authorized by law after attempts to eliminate the violation through conference, conciliation and persuasion have been exercised and exhausted.

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Additional Permits Required

Additional permits that may be required with this permit include:

Issued Permits

The department has issued 11 metallic mineral waste management permits in Missouri. You may access this list by visiting Metallic Mineral Issued Permits. A map of the metallic minerals waste management permitted areas can be accessed by the Industrial and Metallic Mineral Sites map viewer.

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