Section 11.97.100. Applicability.

	(a)  This chapter applies to the approval of reclamation plans, reclamation bonding, and enforcement of reclamation requirements under AS 27.19  for locatable mineral, leasable mineral, and material mining operations on state, federal, municipal, and private land. AS 27.19  and this chapter do not apply to a recreational placer mining operation using no mechanized earthmoving equipment other than a dredge with a suction hose six inches or less in diameter, powered by an engine of 18 or fewer horsepower.  
	(b)  AS 27.19.020 sets the minimum standard for conduct of mining operations in Alaska, without regard to land ownership. Although nothing in AS 27.19  requires a miner to file a mining plan before beginning operations, most miners operating on public land are required to do so by other laws. Even where that is not the case, the department recommends that the miner develop a mining plan to help the miner meet the mining standard of AS 27.19.020 and to make the reclamation plan or reclamation letter of intent more effective.  
	(c)  Nothing in AS 27.19  precludes a federal or state agency (including the Department of Natural Resources), a state corporation, the University of Alaska, a municipality, or a private landowner, acting under its own regulatory or proprietary authority, from establishing and enforcing additional requirements or higher standards for reclamation. Compliance with this chapter does not waive or excuse compliance with those additional requirements or higher standards.  
	(d)  This chapter does not apply to:  
		(1) fuel spills, chemical neutralization, detoxification, or clean-up of hazardous substances used in mineral processing facilities associated with mining operations;  
		(2) surface coal mining reclamation or related operations regulated under AS 27.21; or  
		(3) an area disturbed by a mining operation before October 15, 1991; however, if a mining operation disturbs a previously mined area after October 14, 1991, a miner must reclaim to the standards of AS 27.19  and this chapter; if only a portion of the previously mined area is disturbed after October 14, 1991, this chapter applies only to that disturbed portion.  

Authorities

27.19.010;27.19.020;27.19.100

Notes

Authority

Sec. 2, ch. 92, SLA 1990 AS 27.19.010 AS 27.19.020 AS 27.19.100 ________________________

History

Eff. 7/30/92, Register 123