RECYCLING FOR END USE

Mine Operators Can Meet California’s Growing Demand for Inert Debris Disposal Sites

By Brad Johnson, Esq., Everview Ltd.

Each year, California generates an enormous volume of inert debris, a non-hazardous type of solid waste consisting mostly of broken concrete, cured asphalt, clay products and brick, as well as intermingled gravel and dirt. Demand for inert debris disposal sites continues to grow, driven by state waste diversion policies, urban development and redevelopment, and an increasing number of infrastructure projects. As many mine operators already know, accepting this material for disposal can be economical, and when engineered and placed properly, inert debris material can help prepare the property for a viable second-use. Certain actions can help facilitate an efficient and successful transition from mine to inert debris disposal facility.

Mine operators should consider and plan for eventual inert debris disposal as far in advance as possible. Reclamation plans should be designed with future disposal operations as an intended end use. Where uncertainty exists regarding the disposal market or value of post-mining redevelopment, operators can preserve maximum end use flexibility by designating inert debris disposal as a second or additional potential end use. To this point, the Surface Mining and Reclamation Act (SMARA) expressly contemplates that a reclamation plan may specify more than one potential post-mining end use. (See SMARA Section 2772(c) (7): a reclamation plan must identify a “proposed use or potential uses of the mined lands after reclamation” – emphasis added.)

While a reclamation plan should designate inert debris disposal as a potential end use, the reclamation plan should not include backfilling the mine pit with inert debris as a component of reclamation. This approach should be avoided for two reasons. First, financial assurances to cover the costs of backfilling the mine site would be required under SMARA (even though the disposal operations would likely be cash positive). Second, incorporating the backfilling activity into the reclamation plan would likely mean that the site would remain subject to SMARA regulation (including inspections, annual reporting, and annual fees) for many years after extractive operations cease.

To avoid these costs and delays, a better approach is to plan around commencing inert debris disposal activity only after some or all of the mine site has been fully reclaimed and closed out of

Demand for inert debris disposal sites continues to grow, driven by state waste diversion policies, urban development and redevelopment, and an increasing number of infrastructure projects.

SMARA. Reclamation plans should be designed or modified to create phased cells that can be fully mined, placed in their final configuration, and then closed out of SMARA as quickly as possible. Reclamation plans should also include and demarcate operational areas and roads that will be used for disposal operations and that will not be removed during final reclamation. By doing so, operators can begin backfilling completed cells while at the same time continuing mining in other cells. This approach is consistent with SMARA’s preference for concurrent reclamation (see, for example, SMARA Section 2772(c)(6)), but also can allow mine operators to begin disposal operations relatively early in the mine life.

While properly configuring the mine reclamation plan under SMARA is an important step in preparing a mine for disposal operations, SMARA does not regulate the actual disposal operations. Disposal operations require a separate set of permits, including potentially a local use permit, permits as required under the California Integrated Waste Management Act of 1989, and also permits as may be required by a Regional Water Board under the Porter-Cologne Water Quality Control Act. Mine operators should accordingly consider coordinating disposal operations permitting with mine permitting to the extent feasible, and if not, operators should begin seeking permits as early as possible to minimize downtime between completion of mining and commencement of disposal operations. n

When engineered and placed properly, inert debris material can help prepare the property for a viable second-use.

PROVEN TECHNOLOGY HIGH UPTIME

Sandvik we have combined years of industry expertise and the latest advances in technology to develop pioneering mobile crushing and screening solutions for you. Utilizing Sandvik’s renowned, proven technology and smart process solutions, such as My Fleet remote monitoring, our equipment is designed to increase operational efficiency, optimize productivity and maximize uptime.

Bakersfield, CA 661.387.6090 Corona, CA 951.277.7620 Fresno, CA 559.834.4420 Lakeside, CA 619.441.3690 Sacramento, CA 916.504.2300 San Leandro, CA 510.357.9131 Turlock, CA 209.410.6710

Construction Equipment & Services www.vcesvolvo.com

facebook.com/volvoces instagram.com/volvoces twitter.com/volvoces