In response to recent and potential future mining activity, the Missouri Chapter of the Sierra Club (MO Chapter) has adopted this policy document to guide Chapter and Group actions. MO Chapter recognizes the need to mine certain materials to meet current economic and social demands and the presence of these materials in the state, and therefore recognizes the necessity of mining in Missouri. However, MO Chapter also believes that current regulations and processes are inadequate for addressing all of the environmental and safety concerns of the Missouri public. MO Chapter, the mining companies and the state all recognize that past mining operations have left a legacy of land and water pollution that continues to damage resources, health and economic opportunity today. The impacts of private mining activities must not become public liabilities. In this document, we describe specific parameters for allowing the continued mining of certain materials in Missouri and specific policies for regulatory and public oversight of mining activities.
MO Chapter acknowledges that specific materials–namely cobalt, rare-earth elements, and silica sand–are widely used for industrial and consumer products around the world. We also acknowledge that Missouri is a significant source of these materials and that such resources produce economic opportunities in Missouri. However, we do not believe that the current practices of Missouri’s mining industry and the Missouri Department of Natural Resources (DNR) fully address the appropriate concerns of the Missouri public regarding environmental, safety, and social factors.
In accordance with National Sierra Club policy, MO Chapter opposes all new or renewed fossil fuel-related leasing on public lands and waters. As a corollary, MO Chapter opposes mining in Missouri that supports or strengthens the fossil fuel industry–primarily coal and silica–and thereby impedes Missouri’s transition to renewable energy.
We oppose the mining of silica sand because of its use in the fossil fuel industry–specifically, in fracking–and we demand stronger regulation and enforcement for the mining of other materials.
For increased regulations, we believe the focus should be on policies for operational safety and integrity, long-term accountability for environmental health, and public participation.
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DNR should regularly and frequently monitor any mining operations to ensure adherence to the requirements of the issued mining permit.
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A key issue and risk for mining in Missouri is the lack of accountability for environmental degradation that occurs at a mining site during and after operations. Mining companies must remain liable for any long-term negative impacts and pollution that may arise as a result of their activities. DNR must require clear plans for site remediation and reclamation once mining activities are completed and ensure through bonding or other financial guarantees that adequate resources will exist to complete the remediation and reclamation. DNR must require the closure to guarantee that there is no legacy pollution and that the affected land and waters are restored.
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Public participation in the processes of permitting and oversight are crucial to ensuring the integrity of the public’s long-term health and interests. State and local governments should have the authority to protect human health and the environment when permitting mines. DNR should require that all significant mining, whether on public or private lands, be subject to full environmental, climate, and social impact reviews. Additionally, DNR must disclose such mining operations to the public–particularly nearby communities–and allow for public comment before any commitment is made to allow approval of the proposed operations.
In addition to these regulations, there is significant need for greater safety, transparency, and accountability within the Missouri mining industry. Operators must adopt programs that accept full responsibility for waste recovery and that emphasize the reuse and recycling of their products to minimize the demand for new operations. Mining companies must recognize the public stake in their operations and their subsequent responsibility to maintain environmental and social health where it may be jeopardized by their operations for the public’s interest.
Lastly, MO Chapter strongly supports increased funding for DNR to support more thorough reviews of mining applications during the permitting process and to support stronger monitoring of mining operations. With increased oversight of mining operations in Missouri, we must make sure that DNR has the resources it needs to maintain compliance with current and new regulations.
In summary, the Missouri Sierra Club acknowledges the current need for the mining of certain materials. We strongly emphasize the need for greater accountability, transparency, and safety within both the mining industry and the permitting process of DNR. We resolutely encourage a greater focus on long-term environmental health from regulators and mining companies.
Resources
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Sierra Club Mining and Mining Law Reform Policy
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Concerns include water pollution; air pollution; light and noise pollution; changes in land use; human displacement and impacts downstream and downwind; Indigenous rights violations; human rights violations; worker safety; fair living wages and anti-unionization practices; wildlife and ecosystem displacement and destruction; high energy use; and toxic waste management and treatment.
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Because of these negative impacts, additional or new mining must be kept to a minimum to meet essential human needs and alternatives to mining undisturbed ore bodies should be encouraged and pursued.
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Where mining is necessary it must be compliant with high-bar environmental and human rights standards such as the Initiative for Responsible Mining Assurance (IRMA) Standard for Responsible Mining, and assured by a global, third party certification system overseen by a multi-stakeholder board that includes frontline community, labor and environmental interests so that manufacturers and consumers know that the products they are buying meet the same strict and protective human rights, labor rights, and environmental protection standards.
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Regular monitoring of mine operations to ensure compliance by independent inspectors must be a requirement. There must be no privatization or patenting of public lands for mining. Mining companies must remain liable for any lingering negative impacts and pollution. All significant mining, whether on public or private lands, must be subject to full environmental, climate and social impact reviews and public disclosure and public comment before any commitment is made to allow approval.
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In the United States and elsewhere all mining must fully comply with all applicable environmental and health and safety laws and standards and independent monitoring and enforcement must be applied to guarantee compliance. Site remediation and reclamation must be required and fully guaranteed by adequate bonding so that there is no legacy pollution and the land and waters are restored to protect the natural ecosystem and the surrounding human communities.
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Missouri Coalition for the Environment Mining Policy
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MCE urges our government leaders to implement greater protections as well as urge mining companies to 1) institutionalize the best safety practices for workers and surrounding communities, 2) develop extensive waste management plans, and 3) develop land rehabilitation plans.
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MCE is most concerned about the health and environmental impacts of three minerals: cobalt, Rare Earth Elements (REEs), and silica sand. Cobalt and REEs are important for high tech devices such as phones and laptops and for some renewable energy infrastructure such as electric vehicle batteries and wind turbines. Silica sand, also known as “fracking sand” is predominantly used in the hydraulic fracturing, or “fracking,” of natural gas. Silica sand mining has impacts on our health and environment and only furthers our reliance on fossil fuels, the burning of which contributes to increased extreme weather events. As such, we urge that Missouri halt all silica sand mining. The mining of cobalt and REEs also pose significant environmental and health impacts for current and future generations of Missourians. As such, we need increased government oversight of mining operations, including requiring proposed mining operators to conduct significant planning and environmental assessments and to adopt preventative measures once in operation to minimize harm.
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If Missouri wants to leverage the mineral reserves in our state, we must do so in a manner that acknowledges risks and minimizes impacts to our social, economic, and environmental wellbeing through safe and responsible mining practices. This involves thorough analysis of the landscape on and surrounding a proposed mining site, the environmental resources that will be at risk of degradation or destruction if an operation opens, and the critical resources for healthy living that will be harmed including air quality and drinking water.
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The Legislature shall require all proposed mining operators to obtain permits from DNR, including those seeking to mine metallic minerals. The public deserves to know where these mines are and the associated risks to which they are exposed. The Legislature shall prohibit the opening of mines within one mile from schools, homes, wildlife refuges, surface waters, state parks and conservation areas, and federal parks.
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Lastly, Missouri tourists can be impacted by the short term and long term harms from mining as the contaminants enter into our natural areas – harming wildlife, degrading forestland, and contaminating rivers and streams. This contamination of our state’s natural areas poses two significant threats to Missouri. First, the serious health risks for those who visit natural areas adjacent to and downstream from mining operations. Second, the economic impact to Missouri through loss of tourism if our state parks, conservation areas, and popular waterways become contaminated with cancer-causing and neurologically-damaging toxins.
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USGS Statistical Summary, Tables 3 and 5
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History of Mining | Missouri Department of Natural Resources
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Mining went virtually unregulated until 1971. By then, more than 100,000 acres of timber and agricultural land had been affected by mining. Missourians were left with a legacy of acid mine drainage, dangerous highwalls, hazardous water impoundments, dangerous mine openings, barren spoils, coal waste, soil erosion and stream sedimentation.
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In 1990, House Bill 1584 amended the Land Reclamation Act to encompass all industrial mineral surface mining activities. This includes limestone, sand, gravel, clay, tar sands, barite, sandstone, granite and traprock. The law requires a mining permit to provide a much more thorough description of the method of operation and reclamation. Time frames in which to complete reclamation also were addressed. Bonding fees were significantly increased to ensure that the state could complete reclamation in the event a permit is revoked. Grading to a traversable topography as well as the replacement of 12 inches of topsoil was also required. Finally, this law created an opportunity for the public to review and comment on permit applications.
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The Missouri Mining Commission is the governing body regarding Missouri’s mining issues set forth in three separate state statutes. These mining statutes protect public health, safety and the environment from the adverse effect of mining and assure the beneficial restoration of mined lands. The Land Reclamation Program carries out the policies of the Missouri Mining Commission and provides the staffing necessary to regulate the state's mining industry.
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Regarding Industrial Minerals, DNR’s regulatory activities include the handling of materials such as waste rock, topsoil or overburden, but do not include processing areas, the stockpiles of saleable products and the ground where they are stored. Environmental issues include erosion by wind or water, but do not include blasting, noise or truck traffic. Groundwater monitoring is not required.
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Land Reclamation Program staff closely monitor the coal mining operation, including both coal removal and reclamation activities. Monthly inspections of each permit site are performed to ensure reclamation requirements are adhered to and continue until the reclamation liability release proving hydrologic balance of surface and groundwater, soil stability and vegetative production for a minimum of five years after final grading and seeding
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We should mention coal mining–call it out specifically in our opposition to fossil fuels.
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Routinely, the concerns brought to public meetings involve issues outside the regulatory authority provided in The Land Reclamation Act. These issues include concerns about blasting, safety on public roads and the mine’s effect on property values. The public meeting process has brought an acute awareness to the department about what is most troubling to the citizens. In return, the public has an opportunity to learn more about the reclamation requirements under The Land Reclamation Act. Continued contact will help pave the way for the citizens to resolve their concerns about mining.
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The focus of the bond release inspection is to determine if the mine site has been reclaimed in accordance with the reclamation plan. The inspector must evaluate if the operator has established the designated post mining land uses. Post mining land uses may be designated as wildlife habitat, agricultural, development or water impoundment. At least two growing seasons must pass after an area has been planted before the success of revegetation can be judged. Land never affected by mining that is under permit and bond may be released as unaffected.
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An increase in the number of site inspections at industrial minerals operations typically carries the potential for an increase in enforcement activity during a specific time frame. Since the Land Reclamation Program started conducting environmental assistance visits, the department has noticed mining operators are now more informed about the law and regulations and are less likely to be in a violation situation. Potential enforcement actions are avoided or minimized through close coordination with Land Reclamation Program staff
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Elevated metal exposure, sediment toxicity, and altered invertebrate and fish communities in several streams draining active mines indicate that current practices for mining, milling, and disposal of metal-rich ores in the VT do not eliminate risks of metal toxicity in receiving streams
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Even when levels of heavy metals do not exceed regulations, fish populations decline downstream from lead and zinc mines. Lack of fish populations can be detrimental to stream beds because the fish are no longer present to maintain the streambed. Additionally, toxic effects of mining can be found in runoff up to 14 km downstream from mining sites, although not at levels above environmental regulations. Industrial runoff found in streams near mines comes from water runoff from mines as well as airborne sediments, which are prone to enter watersheds near highways off the back of trucks traveling to and from mines.
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