MINING REGULATION AND RECLAMATION

M.G.L. pt. Part I, tit. Title II, ch. c. 21B

in effect

M.G.L. c. 21B, § 1 Short title

c. 21B, § 1. Short title Section 1. This chapter shall be known as the Coal Mining Regulatory and Reclamation Act and shall govern all coal mining operations which are conducted in the commonwealth.

M.G.L. c. 21B, § 2 Definitions

c. 21B, § 2. Definitions Section 2. As used in this chapter the following words shall have the following meanings unless the context clearly indicates otherwise:— ''Abandoned workings'', excavations either caved or sealed that are deserted and in which no further mining is intended. ''Commissioner'', the commissioner of environmental protection. ''Department'', the department of environmental protection within the executive office of environmental affairs. ''Drift'', horizontal opening through the strata in a coal seam used for same purposes as a shaft. ''Exploration'', any test boring or drilling operation or surface examination designed to determine the amount and extent of coal deposits in the area. ''Legal closing of the mine'', certification by the commissioner that all abandoned workings are sealed and secure and that no public health or safety hazard exists in the mined areas or affected lands. ''Licensee'', any person, corporation or business entity which has been granted a coal mining license by the department. ''Mine Inspector'', any certified person designated by the commissioner to examine coal mining operations or affected lands. ''Mined Area or Affected Lands'', any area of land from which coal is removed by a mining operation and shall include all lands affected by this operation, including but not limited to the construction of all new roads and any removal of land from its natural state. ''Mining'', every operation, both underground and above ground to be used for the purpose of extracting or removing coal or preparing coal or coal products for use outside the mined area. ''Mining Operation'', any shaft, slope, drift or open excavation designed to extract coal to be delivered to points outside the mining area. ''Overburden'', all of the earth and other materials that lie above or around a deposit of coal and which may be disrupted from its natural state in the process of mining. ''Reclamation'', the reconditioning and rehabilitation both during and after the operation of the mine, of any mined area or affected land to a point where the land is usable for purposes similar to those had a mining operation not taken place, and in a manner that will minimize the environmental disruption from the mining operation. ''Secretary'', the secretary of the executive office of environmental affairs. ''Special investigating commission'', shall consist of at least three mining inspectors appointed by the commissioner for the purpose of investigating and reporting on any problem or potential problem in compliance with the provisions of this chapter.

M.G.L. c. 21B, § 3 Powers and duties of department and commissioner; rules and regulations

c. 21B, § 3. Powers and duties of department and commissioner; rules and regulations Section 3. The department shall be charged with duties of protecting the citizens and environment of the commonwealth from significant damage or public health hazard that may occur because of the operation of coal mines in the commonwealth. The department shall adopt rules and regulations which shall provide that any coal mining or extraction of coal shall be conducted in a manner that will not significantly damage the environment or the area of land affected by a mining operation. Consistent with the provisions of this chapter, the powers and duties of the commissioner shall include, but not be limited to, the granting of licenses to mine coal, the protection of public health and quality of the environment and the overseeing of all reclamation procedures. The commissioner shall protect the rights of all landowners and abutters of mined or affected areas or those who would have a legal interest in the land. The commissioner shall further provide for public announcement and information concerning the nature and conduct of any such mining operations and shall provide procedures by which all land or affected areas are rehabilitated to a condition at least fully capable of supporting all practicable uses which it was capable of supporting prior to such operations, or equal or better uses that can reasonably be attained.

M.G.L. c. 21B, § 4 Coal exploration license; applications; notice of results

c. 21B, § 4. Coal exploration license; applications; notice of results Section 4. Any person desiring to conduct an exploration for coal in the commonwealth shall file with the commissioner an application for a license to conduct exploration operations for coal. Each application for said exploration license shall be accompanied by a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Each application shall specify the exact tract of land to be explored, the right by which the applicant can enter upon the tract, the exact exploration to be conducted and the provisions made to restore the land surface after exploration is completed. Upon review by the commissioner the applicant shall be notified whether or not his application has been accepted. One hundred and eighty days after the conclusion of exploration the results of such exploration shall be made public by the licensee.

M.G.L. c. 21B, § 5 Mining licenses; certificate of insurance coverage; surety bonds; license violations; fees and receipts; hearings

c. 21B, § 5. Mining licenses; certificate of insurance coverage; surety bonds; license violations; fees and receipts; hearings Section 5. The commissioner shall issue a license to conduct coal mining operations before any extraction of coal can begin in the commonwealth. The application for a coal mining license shall include the following procedures and requirements: (a) a detailed description of the type of mining and engineering process to be used; (b) the names and addresses of the license applicant and all owners and officers of the corporations and companies to be involved with the mining operation; (c) the names and addresses of all legal owners of record of the land and abutting lands; (d) the names and addresses of all owners of the coal to be mined; (e) the total size of the area to be mined and area to be worked at any one time; (f) the results of test borings and explorations that have been made; (g) a timetable giving a detailed time period that will govern the operation of the mine and the estimated closing out of mined areas; (h) a detailed set of maps drawn to a scale of not more than one hundred feet to one inch, delineating the following information: the names and locations of all streams, creeks, above and below ground water systems including all aquifers; a statement describing the quality of the water present in the area to be mined; the location of all buildings, oil and gas wells, all pipelines and communication lines, or any pertinent resource or structure within five hundred feet of the farthest boundary of any extension of the mine or mining operation; the proposed depths and extensions of all tunnels and shafts as well as any excavations and mine workings or any waste disposal or mine refuse areas; the thickness and distribution of the coal deposit, the soil and mineral stratification of the area and any other geological characteristics that would be affected by any coal mining operation; the location of all exploratory drill holes and the remainder of the coal deposit not to be extracted by the mining operation and any other information which the commissioner deems necessary. (i) an environmental impact report containing detailed statements describing the nature and extent of the proposed work and related activities and its environmental impact, all measures being utilized to minimize environmental damage, any adverse short term and long term environmental consequences which cannot be avoided should the work be performed, alternatives to the proposed action and their environmental consequences. This impact statement shall deal specifically with all of the potential hazards of the proposed mine including coal dust, mine gases, or toxic vapors escaping from the mine, and the potential for mine fires and water contamination that may result from operation of the mine; (j) a comprehensive reclamation plan including maps and potential land use patterns and a detailed proposal showing the manner and timetable for backfilling, sealing of tunnels and any other reclamation procedures required by the commissioner; (k) an advertisement for publication in the newspaper with the largest circulation in the county of the proposed mining site at least once each week for four successive weeks prior to public hearings as hereinafter required in this section. The advertisement shall state the applicant's intention to mine, the mining procedures to be used, the proposed boundaries of the mining operation, a statement that a detailed map of the proposed operation is available from the company upon request and that the application and environmental impact can be inspected at the office of the commissioner; (l) a license fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven, a certain portion of which, determined by said commissioner, shall accompany the application. Each applicant for a coal mining license shall submit to the commissioner a certificate issued by an insurance company licensed to do business in the commonwealth certifying that the applicant has a public liability insurance policy in force covering coal mining operations and mine related reclamation procedures in the commonwealth. Such policy shall provide compensation for personal injury and property damage in an amount adequate to compensate any or all persons damaged or injured as the result of a mining operation or reclamation process with the mine. This liability insurance policy shall provide protection from damage caused by mine cave-ins, or sink holes, any leakage or production of mine gases or toxic chemical vapors that might escape or any water damage, including all forms of water pollution or damage to surface waters, drinking water systems, aquifers, underground water systems, or any other damage resulting from the operation of the mine. Such liability insurance policies shall be maintained in full force during the mining operation and for a period of five years after the legal closing of the mine. The amount of the liability policy shall be determined by the commissioner and shall include, but not be limited to, compensation for any public health or public safety hazards that may occur. Termination of these policies shall occur five years after the commissioner has certified the legal closing of the mine. The commissioner shall require the applicant to file a bond in a form prescribed by the secretary payable to the commonwealth and conditioned upon the applicants' faithful performance of mining or mining operations in accordance with the provisions of this chapter. Liability under said bond shall continue for the duration of the operation of the mine and for a period of five years after the legal closing of the mine at which time said bond shall have no force and effect, and said bond or any cash securities substituted for it shall be returned to the applicator licensee. Such bond shall be signed by the coal mine operator as principal and by a good and sufficient corporate surety authorized to do business in the commonwealth. If at any time the corporate surety controlling the bond obligations for the mine operator forfeits the license to operate in the commonwealth, the coal mining license shall be declared invalid until such time as a substitute bond is accepted by the commissioner. Subject to the provisions of this chapter the commissioner shall institute proceedings to have the bond of the licensee forfeited for violation of the license provisions or any violations of the provisions of this chapter. The commissioner shall notify the licensee in writing of any such alleged violation and shall afford the licensee the right to a hearing before the commissioner within thirty days after issuance of such notice. At the conclusion of the hearing, the commissioner shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the bond of the licensee forfeited. All funds received by the commissioner from fees, forfeiture of bonds and penalties provided under the terms of this chapter, shall be held by the state treasurer in a special fund separate from all other monies in the state treasury, to be known as the Anthracite Coal Mining Reclamation Fund and shall be used by the commissioner for the purpose of administering the provisions of this chapter affected by the coal mining operation. Before any determination is made as to the granting of a license to mine, the commissioner shall conduct a public hearing regarding the license application to consider all relevant issues pertaining to the application including, but not limited to, impact upon the surrounding lands and environment, and all potential public health and safety hazards that may result from a coal mining operation. Public notification of the hearing shall be made at least sixty days prior to said hearing. No coal mining license shall be granted until such time as the applicant and the commissioner have complied with all of the public information requirements set forth under the provisions of this chapter. The commissioner shall grant a coal mining license if he determines that the reclamation of the mined area and affected lands coincides with the requirements set forth in this chapter and are attainable and a reclamation program will be undertaken as contemporaneously as practicable with the extraction of the coal deposit; that the affected lands may be reclaimed to a condition of use at least fully capable of supporting all practicable uses which the land was capable of supporting prior to such coal mining operation or equal or better uses that can reasonably be attained; that the applicant's environmental impact report has dealt with all relevant issues concerning the proposed mine; that there is sufficient quantity of high quality coal to warrant a mining operation; that other resources of the area can be preserved; that the protection of the quality of the air, water and other resources of the commonwealth is assured; that the proposed mine will not pose a danger to the public health and safety of the affected area; that the applicant has agreed to comply with the bonding and public liability insurance requirements as established by the provisions of this chapter; that there has been compliance with all provisions of this chapter, and that any other reasonable requirements established by the commissioner are satisfied.

M.G.L. c. 21B, § 6 Term of license; termination, suspension and revocation; renewal

c. 21B, § 6. Term of license; termination, suspension and revocation; renewal Section 6. No license to mine shall be granted for a period exceeding eight years, and a license to mine shall be terminated, after a public hearing, if no mining operation has begun within two years of the date of issue of the license. After a public hearing a valid mining license may be suspended or revoked if any public health or safety hazard is determined to exist by the commissioner under the provisions of this chapter. The operator of the mine shall have the right of renewal of license subject to public hearing. The renewal license shall be valid for a period of eight years and shall be subject to all of the provisions of this chapter. The applicant shall file for a renewal one hundred and eighty days prior to the expiration of the license. This renewal shall contain a statement of intention to remain within the existing boundaries, and if such renewal application addresses any new lands or affects any new lands, that additional portion shall be subject to the full standards applicable to the original licensing procedures of this chapter. Any attempt to extend mining operations beyond the boundaries set forth in the original application regardless of their depth underground, shall be cause for revocation of the coal mining license. No renewal application shall interfere or forestall the reclamation procedures established under the provisions of this chapter nor in any way extend the two-year completion date for reclamation of a closed mine area. The commissioner shall require that reclamation of the mining operation is an ongoing process and shall encourage the maximum utilization of all of the overburden unearthed during the coal mining operation. Reclamation of the mined areas and affected lands shall be completed within two years after the legal closing of the mine.

M.G.L. c. 21B, § 7 Examinations; investigations; monitoring; record

c. 21B, § 7. Examinations; investigations; monitoring; record Section 7. The commissioner is hereby authorized to make such examinations and investigations as may enable him to report on the various systems of coal mining in the commonwealth, method of mining, ventilation and machinery employed, the circumstances and responsibilities of mine accidents, and such other matters as may pertain to the general welfare of coal miners and others connected with mining, and the interests of mine owners and operators in the commonwealth. The commissioner shall monitor air and water quality standards during the course of a mining operation. The commissioner shall keep a journal or record of all monitorings and inspections and shall procure all such materials and tests as may be found necessary to carry out the provisions and requirements of this chapter.

M.G.L. c. 21B, § 8 Mining inspectors; appointment; powers and duties; cease-work orders; reports

c. 21B, § 8. Mining inspectors; appointment; powers and duties; cease-work orders; reports Section 8. The commissioner is authorized to appoint qualified coal mining inspectors to carry out the provisions of this chapter. The commissioner shall establish qualifications that shall include a working knowledge of geology, engineering and anthracite coal mining. Any mining inspector certified by the commissioner shall have the power to enter a coal mine or lands affected by the coal mining operation at any time. It shall be the duty of certified mining inspectors to protect the citizens of the commonwealth by carrying out the provisions of this chapter. During the operation of a coal mine the operator shall provide the inspector with a detailed set of maps showing all ventilation shafts, airflow currents, shaft construction, pillar placement, all drill holes, excavations, lengths and entrances of all tunnels, locations of any bodies of water dammed or held back in any portion of the mine, or any bodies of water, surface or otherwise, that may have an effect or be affected by the mining operation. These maps shall be drawn to a scale of not more than one hundred feet to one inch. If, during the course of an inspection of any pit, tunnel, excavation, coal refuse pile or area affected by the mining operation, an inspector determines that a condition of imminent danger exists, he may issue an immediate cease-work order. After having delivered a copy of the cease-work order to the licensee or served notice on the premises of the mine and having delivered a copy to the commissioner, the inspector shall petition the commissioner to appoint a special investigating commission to accompany the inspector to the part of the mining operation where the condition of imminent danger is alleged to exist. All mining inspectors shall be required to submit monthly and annual reports to the commissioner concerning all relevant data on coal mining operations in the commonwealth and any questions of mine safety or public health and environmental damage or any possible violation of the provisions of this chapter. Whenever a cease-work order is issued by an inspector he shall make a special report to the commissioner stating the reasons for the cease-work order and the actions taken to remedy the situation.

M.G.L. c. 21B, § 9 Cease-work orders; special investigating commission; powers

c. 21B, § 9. Cease-work orders; special investigating commission; powers Section 9. Upon receipt of a cease-work order the commissioner shall immediately appoint a special investigating commission. The commission shall immediately and before the end of the second day after its appointment make a full investigation and make a determination whether to affirm or deny the cease-work order issued by the inspector. If the commission shall agree that there is a condition of imminent danger it shall affirm the cease-work order. If the special investigation commission disagrees with the finding of the mine inspector it shall disaffirm the cease-work order and said order shall be rescinded and be null and void. If the special investigating commission affirms the cease-work order it shall report such affirmation to the commissioner. The commissioner shall notify the operator of such determination and afford the operator an opportunity to refute the findings of the special investigating commission. If, after hearing, the commissioner affirms the cease-work order, he shall then establish all the necessary requirements to insure that the condition of imminent danger is rectified in accordance with all of the provisions of this chapter.

M.G.L. c. 21B, § 10 Mine fires; refuse bank fires; subsidence resulting from mining; health and safety hazards

c. 21B, § 10. Mine fires; refuse bank fires; subsidence resulting from mining; health and safety hazards Section 10. Whenever the commissioner makes a finding of fact that a mine fire, refuse bank fire or subsidence resulting from mining is at a stage where immediate action is necessary and an emergency exists and no other person or agency is acting to control the condition, and the owners of the property upon which entry must be made to control the mine fire, refuse bank fire or subsidence resulting from mining are not known, nor readily available or will not give permission for the commissioner, political subdivisions of the commonwealth or municipalities, their agents, employees or contractors to enter upon such premises, or the delay entailed in reaching said owners and in securing from them the right to enter upon the premises constitutes a clear and immediate danger to the life or property of others, the commissioner or his agent shall give notice to the owners, if known, or give public notice upon the premises and shall have the right to enter upon the premises to control the mine fire, refuse bank fire or subsidence and to take all action necessary or expedient to do so. As soon as practicable thereafter the commissioner, the political subdivisions of the commonwealth or municipalities so entering the premises and acting as above provided shall restore the premises so entered upon to the condition at the time of such entry to the extent reasonably practical. The monies expended for such work and the benefits accruing to any such premises so entered upon shall be charged against such land to mitigate or offset any claim or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry. Any political subdivision or authorized agent of the commissioner executing orders directed toward correcting dangerous situations resulting from mine fires, refuse bank fires, subsidence or any public health or safety hazards shall be held harmless and shall be indemnified by the mine operator, from any claim for failure to acquire necessary releases from property owners or because of any failure to comply with any other applicable statute.

M.G.L. c. 21B, § 11 Water quality and water table; rules and regulations

c. 21B, § 11. Water quality and water table; rules and regulations Section 11. The commissioner shall promulgate rules and regulations which will protect the quality of water and water table throughout the commonwealth. Such rules and regulations shall include a reclamation policy that will maintain reasonable stability of the water level and water table in a area mined; a requirement that the operator of the mine shall fill all auger holes with an impervious and noncombustible material in order to prevent drainage and cave-ins; a provision that the final grading and backfilling operations provide adequate safety and access for water users in the area; a provision that there be minimum disturbance to the prevailing hydrologic balance at the mine site and in associated offsite areas or affected lands and a monitoring and study of the quantity and quality of the water affected; a provision that the operator treat or remove any water contaminated with toxic chemicals and guard against such contamination; monitor and provide that any casing, sealing or otherwise management of boreholes, shafts, tunnels or wells does not cause acid or other toxic drainage materials from entering ground and surface waters; a provision to insure that all debris and acid forming materials, toxic chemicals or materials constituting a fire, water or public health hazard are treated and disposed of in a manner compatible with sound health policy and good water supply. The operator of the mine, subject to the approval of the commissioner, may divert water from the mining operation in a manner designed to reduce if not eliminate siltation, erosion or major alterations in the natural water courses; the commissioner shall conduct inspections to guarantee compliance with good drainage practice, silt control and protection of ground water. Violation of the rules and regulations promulgated pursuant to this section shall be considered cause for a cease and desist order and may result in the loss of license.

M.G.L. c. 21B, § 12 Abandonment or closure of mine; final survey

c. 21B, § 12. Abandonment or closure of mine; final survey Section 12. Whenever a mine is abandoned or closed, the owner shall make a final survey of all workings not represented on the maps and plans of such mine, and shall properly enter the results upon the maps of the mine so as to show the exact relations of the most advanced workings to the boundary of the property and shall file a copy of the same with the commissioner.

M.G.L. c. 21B, § 13 Zoning regulations

c. 21B, § 13. Zoning regulations Section 13. Nothing contained in this chapter shall be construed to supercede any local zoning regulations.

M.G.L. c. 21B, § 14 Inspections by public officials

c. 21B, § 14. Inspections by public officials Section 14. Any public official authorized by the commissioner of any municipality in which coal mining is occurring shall have the right to inspect any of the mined or affected areas in the course of the normal performance of his duties.

M.G.L. c. 21B, § 15 Violations; fines and punishments

c. 21B, § 15. Violations; fines and punishments Section 15. Any person who violates the conditions of sections three, four and five shall be punished by a fine of five thousand dollars plus an additional one thousand dollars per acre for each acre of land affected by such violations. Any person who violates the provisions of a cease-work order issued under section seven and eight shall be punished by a fine of ten thousand dollars or by imprisonment for a period of not more than one year or both. Any person who violates the provisions of section ten shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars for the first offense. For each subsequent offense the person shall be punished by a fine of not less than five thousand dollars or by imprisonment for not more than one year or both. Any person who extends the mining operation beyond the boundaries agreed to in the coal mining license issued under the provisions of this chapter shall be punished by a fine of five thousand dollars plus one thousand dollars for each acre of land affected.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter21BFetched: 10/20/2026