Part I....................................................................................................................................... 2
Second Part...................................................................................................................... 3
Chapter I - General provisions............................................................................................................................................... 4
Chapter II Definitions and abbreviations.............................................................................................................................. 4
Chapter III Closure management and strategy................................................................................................................... 7
Part III................................................................................................................................... 14
Chapter I – General provisions............................................................................................................................................ 14
Chapter II – Definitions and abbreviations........................................................................................................................ 14
Chapter III. Initial plan for mine closure........................................................................................................................... 16
Chapter IV. Activity cessation plan..................................................................................................................................... 16
Chapter V. Technical project for mine closure and
environmental rehabilitation (TMCP)..................................... 19
V.1. Planning section............................................................................................................................................................. 19
V.2. Technical program for mine closure.......................................................................................................................... 29
V.3 Task Books...................................................................................................................................................................... 34
V.4. The estimated Bill of Quantities................................................................................................................................... 35
V.5. Care and maintenance for the mines;......................................................................................................................... 35
Annex I: SOCIAL PROTECTION PROGRAM................................................................................................................ 37
Annex II: Gas........................................................................................................................................................................... 40
Annex III: SURFACE STABILITY....................................................................................................................................... 47
Annex IV: EQUIPMENT........................................................................................................................................................ 49
Annex V: Buildings and Surface Features........................................................................................................................ 54
Annex VI: Post Closure Management................................................................................................................................ 58
Annex VII: GRAPHICAL ANNEXES.................................................................................................................................. 67
Annex VIII: HEALTH AND SAFETY AND
FIRE PROTECTION STANDARDS....................................................... 68
ANNEX IX: LEGAL FRAMEWORK................................................................................................................................... 69
Annex X: Land situation........................................................................................................................................................ 72
Annex XI: The Risk Assessment Process......................................................................................................................... 73
Part I
PREAMBLE
The Mining Law (61/98)
Article 38 outlines the requirements for the closure of a mining operation.
This includes the design of a ‘closure plan’.
The Mine Closure Manual
takes into consideration the requirements of the Mining Law, the Environment
Law and the Social Protection Law and all relevant regulations. The Authority responsible for the mineral
resources of Romania will be responsible for the administration of the MCM
The aim of the Mine Closure
Manual (MCM) is to provide the procedural framework, Section 1, for the care
and maintenance, physical closure, environmental rehabilitation and social
mitigation of a mining operation, and post closure monitoring. This section is referred to as the ‘Mine
Closure Framework’. The MCM will also
provide a detailed outline of complimentary activities, Section 2, that should
be followed for the cessation of mining activities and mine closure, including
the environmental rehabilitation and social mitigation. This section will be called the 'Mine Closure
Procedure Manual'.
The Mine Closure Framework
and Mine Closure Procedures Manual is approved by Ministerial Order. Both
documents constitute the MCM.
The following Mine Closure
Framework will only take into consideration mines in state ownership.
Ministry of
Industry and Resources
The Directorate for
Capacity Conversion and Environmental Programs within the mining sector
Project
Implementation Unit
The Mine Closure
Manual
Second Part
General mine
closure Framework
Second part - General
framework regarding the mine closure
Chapter I - General provisions
Art.1. "The General mine closure Framework" ensures the
framework for planning, monitoring and executing care and maintenance works as
well as closure works for the mines/quarries administered by state owned
companies.
Art. 2. "The General mine closure Framework" is compulsory in the
care and maintenance and closure management and is taking into account the
health and safety conditions, the social protection for the former miners,
according with the best international practice.
Art. 3. "The General mine closure Framework" is applicable to all
the state owned "mining
operators" who execute or have executed exploring/exploiting mining
operations situated in mining perimeters whose "mines" are in one of the following situations:
a)
in function, with the
obligation of executing mine closure works and progressive environmental
rehabilitation;
b)
in function, to be closed in
the near future;
c)
the activity has ceased
before the closure documentation has been drafted and approved.
Art. 4. "The General Framework for mine closure" is applicable to
all the "mines" whose
activity had ceased many years ago - "historical
heritage" - and the closure and environmental rehabilitation
activities will be performed by "DCCEPMS"
from within "MIR", as
representative of the state.
Art. 5. "The General Framework for mine closure" is not
applicable to the "mining
operators" from within the chemical or metallurgical industry, the
extraction of oil, the extraction of salt as well as the extraction of uranium
or other radioactive substances.
Art. 6. (1) "The mining operators" and "DCCEPMS" have the obligation
of applying all the provisions in the hereby framework in the process of care
and maintenance and mine closure and to apply the procedures specified in "TMCP" from the Annex.
(2) The "MIR"
subordinated "mining
operators" who have "mines"
in the closure process or which are to begin the closure process have the
obligation of establishing and organising the necessary structures as they are
specified in Annex 1 "Social
Protection Program".
Chapter II Definitions and abbreviations
a) "MIR" - Ministry of Industry and Resources organized according to Government
Decision no. 19 of 10. 01. 2001 (Annex 1)
b) "DCCEPMS" - Directorate for Capacity Conversion and Environmental Programs in
the Mining Sector according to Government Decision no. 19 of 10. 01. 2001
c) "GDMG" The General Directorate for Mine Geology according to Governmental
Decision no. 19/
d) "NAMR" – National Agency for Mineral Resources - Law no. 61/05. 03. 1998 (art.
3/3) supervised by MIR according to GD no 19/10. 01. 2001 (Annex 2/B1)
e) "Mining operator" - mine unit – organized according to the "Specific norms for health and safety
for coal mines, shales and bituminous sands” 1997 edition, “Specific health
and safety norms for exploitation in underground ferrous, non-ferrous, rare,
radio active and non-metalliferrous ores” 1998 edition.
f) "Mine/open-pit" –according to the “Specific Norms for health and
safety of works for underground exploitation of ferrous, non-ferrous, rare,
radioactive and non metalliferrous ores” 1998 edition and “Specific Norms of
health and safety for exploiting useful mineral substances in open-pits by
blasting” 1998 edition.
g) "Environmental impact assessment" (environmental audit) -
document drafted according to Law 137/1995 republished on 17. 02. 2000, Annex
1.
h) "Conformity program" - document comprising actions, measures and
deadlines for the environmental rehabilitation or for preventing further degradation
following the cease of activity decided by the "local environmental authority" and the "mining operator". It will be drafted on the basis of the
"environmental impact
assessment" according to law 137/1995 republished on 17. 02. 2000,
Annex 1, and the Order issued by MAPPM no. 125/1996 and the Law no. 61/1998,
art. 38 (1), lit. (d).
i)
"Environmental
management plan" - document written according to law 61/1998, art 2, point 24. This
document will include:
·
A list with the necessary rehabilitation actions;
·
A list with the priorities for each action; the list will be drafted
upon consulting the affected/interested factors, the environment authorities,
etc;
·
The assessment of the physical and financial quantities for each
action;
·
The responsibilities for realizing the works and the actions, the
monitoring program;
j)
"Local environmental
authority" – regional state institution subordinated to the Ministry of Waters
and Environmental Protection whose responsibility is enforcing the
environmental regulations.
k) "INSEMEX Petrosani" - Authorized institution for enforcing the
regulation on health and safety of works, anti-explosion protection in the
mining sector.
l)
"Contractor" - specialized company
authorized according to common order MIR-MWPP and MAPPN, no 20/87/111/1999 to
carry out mine closure works using his own resources or in joint-ventures.
m) "PMCCMM" The procedures
manual for closure, care and maintenance of the mines as it is defined in the
first part of the Mine Closure Manual.
n) "TMCP" - Technical plan for the closure and environmental rehabilitation of
mines/open pits, technical documentation for the implementation of mine closure
together with the environmental conformity plan drafted according to law no
137/1995 and 61/1998 and according to this manual, being used for carrying out
the mine/open-pit closure work and the environmental rehabilitation works
according to the necessary approvals and the post-closure monitoring
requirements.
o) "Activity cessation plan" - documentation drafted according to the
art. 38 (1) from the Mine Law no. 61/1998 and to the technical instructions for
mine closure, approved by the MIC - NAMR common order no. 116/166725/1998. The
activity cessation plan comprises:
i)
the reason for the closure based on a technical and economic documentation;
ii)
the technical program for removing any activity, approved by "MIR" for the subordinated
mining operators
iii)
the social protection program for the personnel which is to be fired;
iv)
the environmental rehabilitation plan
v)
the procedure for clearing the land;
p) "the social protection program" - is a constitutive part of
the activity cessation plan, in the spirit of the Mining Law, art. 38 (1) lit.
D and the Governmental Emergency Decision no. 98/1999, modified by GED no.
77/2000, comprising measures for the professional conversion, financial PT-C33
- technical requirements to the specific norms for health and safety of works
in coal, shales and bituminous sands, 1997 edition.
q) "Designer" - economic agent hired by the mining operator to
draft the activity cessation plan, or, the one hired by "DCCEPMS" to draft the "TMCP"
r) "NAD" - National Agency for the Implementation and Development of the
Reconstruction Programs in the Mining Areas, according to GD 64/1997,
responsible for the social mitigation actions.
s) "Contractor" - economic agent specialized in closure works and
environmental rehabilitation;
t)
"Contract monitoring
company"
- The company who will represent "DCCEPMS"
supervising the works provisioned in the contract (the Engineer);
u) "Mining company" - the company that owns the exploitation license
and operates in the mine which is to be closed.
v) "Construction book" - document held and completed by "DCCEPMS" according with the
provisions of the GD 273/1994, on the basis of the topographic documents
completed daily with the situation of the executed closure works, the works
reception documents, the documents regarding the specific projects, the
execution details and the execution procedures, other documents and data
provided by the contractor and the company specialized in monitoring;
w) "Care and maintenance plan" is part of the "Activity Cessation plan"
x) "The general program for exploiting/closing the mine" - documentation drafted
each year, according to the health and safety provisions, by the contractor,
comprising a distinct chapter for health and safety, damage recovery plan,
environmental rehabilitation according with the mining activities development.
This program will be approved by "NAMR".
Chapter III Closure management and strategy
Art. 8. In the "mine" closure process the following points must be met:
a) planning the physical
closure of the "mine",
environmental rehabilitation, social mitigation, including consulting the
community;
b) cease the activity and put the "mine" on care and
maintenance;
c) implementing the "mine" closure, environmental
rehabilitation and the social protection program;
d) monitoring the closure and
environmental rehabilitation works;
e) transfer the fields which
have become free of technological duties;
f) post - closure monitoring.
Art. 9. The content of the "activity cessation plan" and
the necessary operations for its preparation are described in "PMCCMM".
Art. 10. (1) "The mines" which are active and whose closure is planned
to take place in two years, as well as the "mines"
whose activity was stopped for closure will follow the specified stages,
excepting the "activity cessation
plan".
(2) The detailed procedures
required by these stages are specified in the "PMCCMM".
III.1. Stage I - Planning
III.1.1. Activity Cessation Plan
Art. 11. "The mining operator" who started the "mine" closure process has
the obligation to draft "the
activity cessation plan".
Art. 12. "The activity
cessation plan" will be drafted according to the technical norms for mine
closure, approved by the common "MIR"
- "NAMR" Order no. 166725-93/1998.
Art. 13.
"The mining operators" have the obligation to start the consultations with
the local community and with the "interested/affected
factors" and to draft reports on these basis, making them available
for the consultants hired to draft "the
activity cessation plan".
Art. 14.
"The Designer" has the obligation to present the following approvals:
a) Environmental approval for the cease of activity,
released by the "local
environmental authority". It states the obligations of the "mining operator" and of the "contractors" regarding the
environmental rehabilitation on the basis of the Environment Protection Law no.
137/1995, republished in the Official Gazette no. 70/2000 (First part);
b) The "NAMR" area
inspector approval is released according to the "NAMR"
- "MIC" Order no.
116/166725/1998;
c) The approval for work health
and safety as well as anti-explosive protection issued by "authorized institution";
Art. 15.
"The activity cessation plan", approved by "GDMG" and "DCCEPMS"
will be submitted for "NAMR"'s
approval.
Art. 16.
"NAMR" has the obligation to offer for concession the mines which are to be
closed according to the provisions of the Mining Law no. 61/1998.
Art. 17.
"NAMR" will issue the closure decision after all the stages provisioned have
been fulfilled. This decision will be submitted for the approval of the
Government.
III.1.2. Technical mine closure project
Art. 18. (1)
"DCCEPMS" has the obligation of drafting The
initial mine closure plan both for the mines that will cease their activity
in two years as well as for the mines whose activity has ceased because they
are to be closed according to the provisions of the Governmental Decision for
the approval of the "NAMR" mine
closure decision.
(2) "The mining operators" owned
by the state have the obligation to draft, for each mine they exploit, the "TMCP" that will become part
of the "general exploiting
program", during a time no longer than 6 months since the enforcement
of the present manual.
(3) "The mining operators" owned
by the state have the obligation to update annually the "TMCP" and submit it to the competent authority's
approval together with the "general
exploiting program".
"NAMR" is empowered to
request, starting with 2001, the presentation for approval of the "general exploiting program"
by the "mining operators" owned
by the state. Together with the "general
exploiting program", the "mining
operators" will have to submit the "TMCP".
Art. 19. After the approval of the "Activity cessation plan" by
a Governmental Decision, "DCCEPMS"
becomes the owner of this plan and will have to make a contract with a
Designer who will draft the "TMCP"
as well as the taskbooks and the bidding documents for the mine closure and
environmental rehabilitation works.
Art. 20.
"The Designer" has the obligation to inspect thoroughly, in the field, the "mine" provisioned for
closure and to consult the "interested/affected
factors" in the mining activity.
Art. 21.
"The Designer" will take into account the results of the community consulting (vision)
when drafting the "TMCP" according
to the Environmental Protection Law no. 137/1995, annex 3.
Art. 22. For the technical solutions
for the mine closure and environmental remediation who are different from those
from the "activity cessation
plan", "the designer"
is obliged to obtain the approvals for the changes from the authorized
bodies, according with the legal provisions concerning the public acquisitions.
Art. 23. The designer who will draft
the "TMCP" has the
obligation of elaborating the necessary documentation and obtaining the
following approvals and authorizations:
a) The Minute for the "TMCP" checking drafted by
specialists attested by MPWTH (Ministry of Public Works, Transport and Housing)
according to the Provisions of Law 10/1995 and of the Regulation approved by
the Governmental Decision no. 925/1995 and respectively the MPWTM (former
Ministry of Public Works and Territory Management) no. 77N/1998.
b) The construction (removal)
authorization issued by the Local Council on the basis of the approvals issued by the
utilities suppliers (telecommunications, power supply, gas, water, trains,
public roads, etc) and by the Army's Joint Chiefs of Staff, according to the
concrete situation of every mine/open pit according to the provisions of Law
50/1997.
c) Authorization, approval,
agreement or other environmental regulation issued by the "local environmental authority" for
the measures, works and deadlines for the environment rehabilitation as they
are comprised in the "TMCP".
d) Approval for health and safety
in work and anti-explosive protection issued by the "authorized institution" according to the Order of "MIR";
e) Any other approvals,
authorizations or agreements requested according to the law.
Art. 24. "DCCEPMS" will submit for approval in the technical-economical
council of "MIR" the "TMCP", together with the
requested approvals.
Art. 25. "DCCEPMS" has the obligation to submit the "conformity program" for
approval in the technical - economic council of the "MIR" as annex of the "TMCP".
Art. 26. "DCCEPMS" on the basis of the approval of the
technical-economic council of "MIR"
will submit the "TMCP" for
the approval through a Ministry of Industry and Resources Order.
III.2. Stage II - The cessation of the mining activity
III.2.1. Care and maintenance
Art. 27.
"The mining operator" has the obligation to execute the care and
maintenance works according to the provisions from the "activity cessation plan". These works will be executed
since the actual cessation of the activity of the mine and until the government
approves the closure which will be realized, in this case, with "the mining operator's" own
funding.
Art. 28.
"The mining operator" has the obligation to execute the care and
maintenance works according to the provisions from the activity cessation plan
starting when the government issued the closure approval and until the "mine" is handed over to the "contractor" for the actual
closure and environmental rehabilitation realized with funds from the "MIR" budget.
III.2.2. The transfer of the mine to "DCCEPMS"
Art. 29.
"DCCEPMS", in accordance with the provisions of the GD no. 632/1999 and of the MIC
Order no. 234/1999, will take over from the "mining operators", through a transfer, the "mines" whose closure has
been approved by the Government.
III.3. The third stage - The contract for works execution
Art. 30.
"DCCEPMS" has the obligation to prepare, on the basis of the "TMCP", the bidding documents for the mine closure works
and environmental rehabilitation.
Art. 31. According to the legal
provisions regarding public acquisitions "DCCEPMS"
has the obligation to organize the bidding and to apply one of the legal
procedures for awarding the "mine"
closure and environmental rehabilitation contracts for the "mines" whose closure has
been approved by the Government and whose works have enough funding in the "MIR" budget.
Art. 32.
"DCCEPMS" will prefer the "small bidding" or "request for
offers" as procedures for awarding the contracts as these are appropriate
for the particular type of works.
Art. 33. On the basis of the decision
of the bidding committee the "DCCEPMS"
will invite the bid winning company to close the contract for mine closure
works and environmental rehabilitation according to the legal provisions
regarding the public acquisitions.
III.4 Stage IV Implementing and Monitoring the Contract
Art. 34.
"The contractor" has to execute the works stated in the "TMCP" as he has engaged himself in the winning offer.
Art. 35. In accordance with the law, "the contractor" has to draft
the following documents: "the
general program for exploitation/closure"; specific projects with
execution details for operations like the removal and the use of the captured
gas, the demolition realized through shooting, the filling in difficult
conditions and any other details requested by regulations specific to execution
technologies and not comprised in the offer.
Art. 36
"DCCEPMS" has the obligation of monitoring the contract for mine closure works
and environmental rehabilitation according to MIC Order no. 1670/1998.
Art. 37. According to the law "DCCEPMS" will select a company
specialized in monitoring who will have the task of monitoring the
works as representative of "DCCEPMS".
Art. 38. Only companies prequalified in
accordance with "DCCEPMS" rules
and specialized
in monitoring can participate at the bidding.
Art. 39. The company selected for
monitoring the contract has the obligation to provide "the contractor" with all it's expertise in mining, in
construction, environment, health and safety as representative of "DCCEPMS".
Art. 40. (1) When all the works are
completed "the contractor" will
give "DCCEPMS" the revised
and completed plans together with the documents regarding the execution
details, specific projects, execution procedures and other documents drafted
during the execution of the mine closure and environmental rehabilitation
works.
(2) "DCCEPMS" will draft the
Construction Book on the basis of these documents.
Art. 41. For the completion of the
existing legal provisions "DCCEPMS"
will develop and use specific norms approved by an Order issued by the
Minister of Industry and Resources for monitoring the mine closure and
environmental rehabilitation works execution contracts. These norms will become
an annex to this present manual.
Art 42.
"DCCEPMS" can initiate amendments to the contract in the following situations:
a) the selected "contractor" has not
fulfilled its obligations and the contract has been cancelled;
b) at the request of the
monitoring company, following the apparition of one of the situations
which is not the fault of the "contractor".
This situation can be either a delay or an advance in works execution;
c) technical accidents, changes
of approvals;
d) the monitoring company/"the contractor" identifies new solutions during the
implementation of the contract;
e) the regulations which were
enforce when "TMCP" was
drafted are changed.
Art. 43. If the technical solutions
and the technologies presented in the awarded offer are to be changed, and the
updated value of the contract will increase with more than 10% because of that,
the approval of the amendments, proposed by "DCCEPSM", will be made only after the change of "TMCP" and the approval of
the new solutions by the technical-economical council of "MIR".
III.5. Stage V - Handing over the field
Art. 44 (1)
"DCCEPMS" will proceed in accordance with the requests of Law 19/1995 and the
Governmental Decision no. 468/1998 (changing GD 834/1991), handing over the
fields, others than those fostered for forestry, made available by the mining
activities which are to be use in agriculture in order to be made available for
the Local law enforcement Commissions no. 18/1991, from the affected villas.
(2) "DCCEPMS" will hand over
to the National Forests Authority the fields who were initially
forests and were now made available and properly arranged.
III.6. Stage VI - Post-closure monitoring
Art. 45 (1)
"DCCEPMS" will draft the post-closure monitoring program for each "mine" that was signed off on
the basis of the post-closure monitoring requests specified in "TMCP".
(2) The monitoring program will
comprise the general and specific objectives, the measures and the monitoring
actions for the assessment of the security situation of the buildings. The
designed parameters for the closed "mine"
have to be respected.
Art. 46.
"DCCEPMS" will draft the annual post-closure monitoring plan on the basis of the
post-closure monitoring requests specified in "TMCP" and of the post-closure monitoring program for
each mine which has been signed off.
Art. 47.
"DCCEPMS" has the responsibility of exploiting, maintaining and repairing all the
equipment resulted from the finalization of the "mine" closure works.
Art. 48.
"DCCEPMS", on the basis of the annual post-closure monitoring plan and of the
works and supplies needed for maintaining the equipment resulted from the
finalization of the closure works, will ask that the "MIR" budget will comprise all these items.
Art. 49.
"DCCEPMS" will complete the construction book with the
results of the monitoring.
Art. 50. (1) The local councils have the obligation to
consult with "DCCEPMS" when
they give the construction authorization in areas which are former "mines" that have been
closed.
(2) "DCCEPMS" has the
obligation to answer the request of the local councils by making available for
them all the information considered relevant from the construction book and the
monitoring results.
III.7. Stage VII - Financing the works
Art. 51.
"Mine" closure and environmental rehabilitation works, design works and
technical assistance, monitoring works for implementing the "contracts" and those for
post-closure monitoring within the perimeters administered by the state owned "mining operators" as well as
those representing an "historical
heritage" will be financed from the state budget from sources with
this destination stated in the "MIR"
budget or/and any other attracted sources (credits, grants, etc) within the
limit of the legal provisions from the State Budget Law.
Art. 52.
"DCCEPMS" is authorized in the name of "MIR"
to handle the money fostered for "mine"
closure and environmental rehabilitation and monitoring the works for
implementing the contracts and post - closure monitoring from the perimeters
administered by the state owned "mining
operators" as well as those representing an "historical heritage", without any concern for the
financing source as it has been provisioned in the "MIR's" budget.
Art. 53.
"DCCEPMS" will be monitoring the financing provisions of the closure works of the
state owned "mining operators",
who have exploiting licences according to the requests of Law 61/1998 and Law
72/1992.
Part III.
Procedures Manual for Mine Closure and Care &
Maintenance
Chapter I – General provisions
The manual herein stands for the
methodological document, which formulates the required procedures and methods
to be utilised for the mine closure process.
The procedures and methods described
in the manual are conforming to the relevant Romanian legislation dealing with
care and maintenance and closure of mines.
The manual provides supplementary details aimed
at complementing the legislation where it lacks in clarity.
Chapter II – Definitions and abbreviations
As per the
point of view of this manual, the definitions for the reference terms and
abbreviations are as follows:
y) MIR -
Ministry of Industry and Resources organised according to Government Decision
no. 19 of 10. 01. 2001 (Annex 1)
z)
DCCEPMS - Directorate for Capacity Conversion and
Environmental Programs in the Mining Sector according to Government Decision
no. 19 of 10. 01. 2001, Annex 1.
aa) NAMR –
National Agency for Mineral Resources - Law no. 61/05. 03. 1998 (art. 3/3)
supervised by MIR according to GD no 19/10. 01. 2001 (Annex 1)
bb) "mine operator" - the holder - organisation/company possessing
the permit or managing prospecting and/or mining areas, and that is or has been
prospecting and/or working solid minerals, organised according to the "specific norms for work safety";
cc) "mine" - units within which solid minerals are or have been
prospected for or worked by deep or open-cast mining methods, located in an prospecting/mining
area and organised according to the "specific
norms for work safety";
dd) "part of a mine" - area of a mine which is clearly defined by
independent access ways, which is to be put into care and maintenance or
closed;
ee) "prospecting/mining perimeter" – according to law 61/1998, art.
3, alin 19;
ff) "general exploitation/closure program" (preliminary) – annual
program drafted by the contractor, program which is amended every three months
and which includes a separate chapter containing: health and safety measures, damage prevention and elimination, and environmental
rehabilitation plan according to the current status of operations;
gg) "security monitoring" - system for assistance, prognosis,
warning, and intervention with regard to the health and safety parameters and
the quality of the environmental factors;
hh) "environmental impact assessment" (environmental audit) -
document drafted according to Law 137/1995 republished on 17. 02. 2000, Annex
1;
ii)
conformity program
- document written according to law 137/1995 republished on 17. 02. 2000, Annex
1;
|
jj)
"environment
rehabilitation plan" - actions and measures included in the plan for
environmental rehabilitation and/or prevention of environment damage on
cessation of operations, which the mine operator and/or the contractors must
implement during the period from cessation of operations until the completion
of closure works and beyond, drawn up according to the Mines Law no. 61/1968,
art. 10, which will include:
|
i)
list
of remediation work;
ii)
list
of priorities for every action, drawn up based on the advise of the
environmental authority and in consultation with the "stakeholders",
iii)
evaluation
of the necessary quantities and funding for every work (action);
iv)
responsibilities
concerning work and actions; monitoring program including what, how, when, the
means, who, the period and timing. The "stakeholders" – individuals, institutions, associations etc. that are influenced by the closure of mines;
kk) "stakeholders" – natural/legal persons, associations, individuals and communities etc.
which hold up under the consequences of mining as well as of mines closure, as
referred to in Law no. 137/1995, republished in the OMR no. 70/2000, Part I;
ll)
“public debate” – procedure of consulting the
stakeholders within the area, with the aim of taking into consideration the
point of view of the affected persons on the consequences of mine closure, as
well as obtaining supplementary data on the mine closure process to
substantiate the economic and social decisions by MIR and by the local environmental
authority in respect of the Law 137/1995 republished in OMR no. 70/2000 Part I
and Order of MAPPM no. 125/1996 and no. 184/1997;
mm)
"local environmental authority" –
regional government institution subordinated to the Ministry of Waters and
Environmental Protection whose responsibility is enforcing the environmental
regulations, set forth in Law 137/1995, republished in OMR 70/2000 Part I;
nn) “authorised institution” – INSEMEX Petrosani or other institution authorised by a MIR order to
monitor the enforcement of health and safety regulations, and anti-explosive
protection in the mining sector;
oo) "Contractor" - specialised company, authorised by ministerial
order to carry out mine closure and environmental rehabilitation work using own
resources or in joint-ventures.
pp) "PT-C33" - technical requirements for specific health and
safety norms for working of coal, shales and bituminous
sands, 1997 edition.
|
qq)
"historical liabilities"
– mines
(underground or open-cast) where work ceased prior to the issuing of the
Mines Law, where the operators did not undertake, by way of the documents for
license awarding, the closure and related environmental remediation work;
rr)
"IEB" – income and expenses budget of
MIR, as approved by the State Budget law;
ss)
"social
protection program" - part of the activity cessation plan, as stipulated by the Mines Law
art. 38 (1) paragraph d, and of GUO 98/1999 modified by GUO 77/2000, as presented in Annex 1;
tt)
"community consortium" - a joint venture of natural or
legal persons, with the purpose of assisting the mine closure process, in
view of promoting a social protection and environmental
rehabilitation program satisfactory for the community, provided that the community interests are represented by
legal persons or local groups;
|
uu) "PT-M28" - technical requirements for the specific health and
safety norms in underground mining of ferrous, non-ferrous, rare, radioactive
and non-metal ores, 1998 edition.
vv) "open doors" - days on which the stakeholders have the possibility of accessing and
reviewing all information concerning the mines closure, environmental
protection and social protection processes, including access to the mining
perimeter, provided that the visitors' safety is ensured.
Chapter III. Initial plan for mine closure
1
The Initial plan for mine closure is the document drawn up by the “mine operator”, irrespective of its
proprietor, together with the feasibility study for opening the mine, as part
of the documentation for license awarding.
2
The objective of the initial plan for mine closure is for
the “mine operator” and the "stakeholders" to provide
information regarding the operations required for physical closure of the mine,
as well as environmental remediation, social protection for redundant personnel
and economic reconstruction of the affected areas, along with their
implementing costs.
3
The initial plan for mine closure comprises:
a)
Environmental
impact assessment, detailing major environmental risks and the measures to be
taken to reduce those risks in the event of mine closure;
b)
Action
proposed to minimise risks;
c)
Technical
measures proposed for conservation, decommissioning,
and physical closure of the mine;
d)
Evaluation
of the social impact as a result of mine closure, as well as suggested action
to minimise such impact;
e)
Estimate
of the overall costs for implementing the measures required for mine closure.
Chapter IV. Activity cessation plan
1
The
"activity cessation plan"
is drawn up according to the "NAMR"
for the Mine Law no. 61/1998, and is the aggregate of the technical,
economical, environmental and social documentation drawn up the "mine operator" in order to
justify the proposal for mine closure, which contains the necessary actions in
order to ensure financing and to put into practice the measures for ceasing the
activity.
2
The
objective of the "activity
cessation plan" is to provide details of the actions required for the
factual accomplishment mine closure.
3
The
"mine operator", state
owned, which initiated the mine closure process, is required to conclude a
contract with a specialised company for drawing up the "activity cessation plan".
4
The
"activity cessation plan"
comprises the following documentation:
4.1. Technical and financial
documentation (feasibility study) justifying cessation of mining, drawn
up on the basis of the information provided by the mine operator. The mine
operator must provide to the designer with information on the mine status at
cessation, and update this information during the time period from activity
cessation up to beginning of the closure works.
4.2. Program for care and maintenance,
abandonment and closure of the mine, based on mining records and
drawings provided by the mine operator illustrating the state of the
underground and surface works. The mine operator must provide the designer with
all the information needed for the latter to draw up the Program for care and maintenance,
abandonment and closure of the mine, in the form of written
documentation presenting the status at the moment of activity cessation, signed
by its authorised representatives. The mine operator is responsible for and
must update the information provided to the designer as required.
For the mines operated by mine
operators with a main share stock held by the state whose closure was approved
by the Government, "DCCPESM" must draw up the "TPPACM" within the period of
preservation, as stated within the Government Decision.
In the case of working mines
approved for closure by the Government, those operators that are mainly
state-owned must agree with "DCCPESM"
on the types and quantities of care and maintenance work, in view of completing
as much as possible of the work planned by the designer. The mine operator
shall not execute any acre and maintenance/closure work other than that agreed
with "DCCPESM", and only
with prior approval from "DCCPESM".
The care and maintenance work must
have in view:
a) Securing the access to the site;
b) Securing the access roads to the
mine;
c) Securing the access to high risk
areas (the unstable areas identified by the designer), before the physical
closure;
d) Securing all unused equipment, disconnecting such from the power supply;
e) Protecting the power supply required
for care and maintenance, and withdrawal of power from all other systems;
f)
Removal
or management of hazardous substances;
g) Removal of explosives;
h) Removal of hazardous waste, in order
to avoid environmental hazards;
i)
Ensuring
air quality, quality of draining mine waters and of the rain waters out-flowing
from the mining areas, as well as the acid drainage of rocks;
j)
Management
of resources to maintain essential services such as water pumping, ventilation,
access to the main works; transportation (up and down shafts), electric power
supply, transport on the mining works and ensuring the legal safety measures.
k) Filling some works and/or
construction of dams; other work as agreed with "DCCPESM" in order to cut down on care and maintenance
expenses.
Verification, by identifying and assessing the sites and
physical examination of plant and equipment.
Verification of
the location of access roads from the mines, in view of identifying their state
for avoiding uncertainties generated in time due to their abandonment.
Where the state of the works has changed in
time and where no information is available, the mine operator that demanded the
closure must identify all access ways utilising,
as applicable, mining works such as: i) pits; ii) raises; iii) adits; iv) drifts; v) tunnels or boreholes.
For the closed access roads, the mine operator
must provide the designer with all information regarding the closure methods
used.
For the mines with no such records, the
designer must consider that the access roads have not been closed and take
specific action accordingly.
4.3. "“The
social protection program” for the personnel to be made redundant,
including (i) measures to redistribute/re-train, financial compensations, local
development programmes, new jobs creation; (ii) financial assessment of the
measures; (iii) financing sources for the measures; (iv) responsibilities
(Annex I).
The social protection program will be drawn-up
in consultation and together with the stakeholders. The social protection
program is presented in Annex 1 to the document herein.
4.4. "The
environmental rehabilitation program" drawn up according to the
legislation in force, which must include:
a) Description of the site, including
topography and existing land use, identifying existing vegetation and wildlife
habitats, all existing surface structures such as (i) treatment plants, (ii)
industrial and civil buildings, (iii) mining works, shafts, adits, drifts, tunnels,
or boreholes, (iv) equipment stuck in landslides, (v) caved-in mining works
(without access ways).
b) Description of all existing waste
tips, of their discharge locations and of the receivers, including both
physical and chemical characteristics identifying any potential impacts on the
environment;
c) Description of the physical status
regarding the slopes stability and any information stated within the
geo-technical studies in order to ensure slopes stability, including new
geo-technical studies as needed;
d) Description of all existing surface
waters, including a chemical study identifying pH, dissolved metals and
contaminants;
e) Description of the physical and
pedological characteristics of the soil, including a detailed analysis
identifying both potential contaminants and nutrient content.
f)
Suggestions
on future land use considering the value of the site to local communities with
regard to both agriculture and amenity.
The mine operator may obtain the information
from the local environmental authority, the specialised local and central
institutions, and from analysing the reports available to the designer.
The social protection plan will be drawn-up in
consultation and with the support of the communities, and will be subject to
public debate.
Chapter V. Technical project for mine closure and environmental
rehabilitation (TMCP)
"TMCP"
must include the legal provisions concerning public
acquisitions.
"TMCP"
is further defined by the described procedures
of mine closure.
"TMCP"
is a detailed plan assessing the measures and the actions required by the
closure procedures, from the technical point of view (including the necessary
work for physical closure of the mine) and from the environmental remediation
point of view (including detailed information on the mine).
"TMCP"
will be accompanied by the social protection plan, drawn up in consultation
with the the community consortium.
"TMCP" comprises three sections:
1) Planning section, including i)
baseline data; ii) risks and actions to mitigate; iii) assessing the options;
iv) program for the optimal option.
2) Mine closure work section, including: i) technical description
of the physical work for mine closure; ii) description of the environmental
rehabilitation plan.
3) Task book.
V.1. Planning section
The
objective of this section is to identify all potential technical and
environmental problems by the examination and evaluation of baseline data.
Determining
the base data requires the designer to acquire information that is both
accurate and real. Information should be accredited by the mine operator or by
the authorised institutions, as applicable. Where current information does not
exist, the designer must make arrangements for the data to be collected and
will provide such information to the mine operators in view of performing the
contracted works. The risks associated with each section should be estimated
according to the risk assessment flow chart in Annex XI.
The
designer will take into consideration that, within the risk assessment, is
needed to consider the social perspective that should be accomplished within
the consultation process.
The reports which constitute the Planning
Section of the TMCP should have the structure and contents as described below.
The general data regarding the mine include
information regarding:
a) Location of the mine, including
details on location and access;
i)
Area
location (art. I Graphical
annexes)
ii)
Site
location;
iii)
Reference
system and list with the coordinates for the site's perimeter;
b) Area covered by the mine, including:
i)
Surface
morphology;
ii)
Administrative
and territorial location;
iii)
Access;
iv)
Status
plan, according to the mine records (annex to the "ANRM" order no.
93/1998);
v)
data
regarding the area (art. 2 Graphical
annexes): area denomination; topographic number; ore
mined; works stage; license number (if applicable), remarks;
vi)
neighbourhood
with other mine parts or other mines.
c) Brief history of the mine, including
information regarding:
i)
Beginning
of the mining activities within that specific deposit;
ii)
Development
of the mining activities starting with the beginning of the activities up to
present;
iii)
Connection
between the mining activity and other economic and social activities
development within the region;
iv)
Review
of the mine operators that worked the area from opening to present;
v)
Description
of technological development for digging, face-cutting, transport and other activities;
vi)
The
impact of mine closure on the region, from the social and economical as well as
environmental point of view;
vii)
Way
of archiving the documents related to the development of the activities,
starting with the beginning of the activities up to present;
d) Geological reserves, including:
i)
The
total volume of geological reserves, of balance
and industrial, divided into categories according to the last omologation, stating the number and the date of the
document.
ii)
The
volume of the geological reserves organised in deposits, beds, bodies, veins,
all divided into information categories (inside the balance, outside the
balance), taking into account the quality and the quantity according to the
latest omologation as well as the statistical situation at the date when the
mine/quarry was closed.
iii)
The
volume of the balance
geological reserves on the date of mining cessation;
iv)
Possibilities
for further utilisation;
e) Mining works, including information
concerning:
i)
The
working methods and their main characteristics, stating the equipment used and
the actual status of the works where such were operated (tabular presentation preferred);
ii)
Identification
and evaluation of the possibilities to utilise the mining works and the underground excavations for other purposes, in
compliance with the legal provisions (see
the Mines Law no. 61/1998 art. 29 letter "l"), which will be
stated within the "TMCP";
f)
Mining
works for opening, including brief information concerning the opening works,
with the following specifications:
i)
Presentation
of the opening works for connection to the surface (pits, drifts, raises etc);
ii)
Introducing
the working levels (denomination, number,
height);
iii)
Description
of the works network for every horizon;
iv)
Description
of the blind pits, drifts
and raises network (depth, length,
cross-section, gradient, equipment etc) connecting the works;
v)
Presentation
of the special mining works (silos, water
collecting basins and pumping plant, substations,
marshalling yards, battery charging plants, warehouses for explosives
etc);
vi)
Description
of the quarries opening and exploitation works (number of benches, names of levels, geometric elements related to
quarries construction, access ways etc).
For all the opening
works will be stated the utilised technology and the status to date.
g) Preparation of mining works, including the
specific elements of execution (cross
section, type of support, depth of overburden)
stating their purpose, the utilised technologies and of the physical status to
date;
h) Communication with other mines;
i)
any
other information considered as relevant by the designer.
Every section and sub-section which follows
will outline the potential risks – which have to be analysed during the mine
closure operations, as well as the alternatives for their elimination.
V.1.2.1. Geology of the deposit
Will be stated the main structure which
includes the deposit, and will be made a brief description of the strata, tectonics
and of region’s geological evolution (accompanied
by a graphical presentation).
The details must include information on the
following:
1.
Deposit’s
geology, including:
a) Deposit’s geologic structure;
b) stratigraphy (sequence of the geologic formations,
geologic boundaries);
c) tectonics (description of the structure, tectonic accidents);
d) gases dynamics;
e) useful mineral (chemical, mineralogical and petrography);
f)
overburden (roof) and floor rock;
g) any other information considered as
relevant by the consultant.
2.
The
risks related to major earth movements as a result of the mining activities.
V.1.2.2. Underground and surface waters
Will be presented information included in the
“environmental assessment” levels I and II, as defined in Chapter II item (n).
The results of the analyses will be compared to
the Romanian standards in force for water, and any deviation will be
highlighted and evaluated.
The documentation regarding surface waters will
include:
a) Hydrologic situation, including the
depth of the aquifer horizons, estimate of water levels, accumulation levels, absorbtion levels, flow rates;
b) All water sources in the mine, their
quality and flow prior to discharge (including the analysis of the results);
c) Drainage, collecting and pumping the
waters from the mine "mina";
d) Quality and flow upstream and
downstream of the discharge of the waters from the mine in the emissary
(average of monthly and yearly flows),
the industrial water influence on the total flow-rate and the flooding estimation
for the mine works.
e) Mine water treatment plants, settling
ponds or other facilities for managing the waters from the mine, as well
as the water treatment systems;
f)
Pollutant
sources for the underground and surface waters, assessment of the pollution
level;
g) Identification of the possible links
with other mines, whether they are open or closed;
h) Assessment of the potential for Acid
Mine Drainage;
i)
Assessment
of the level of water pollution and its impact on environment.
j)
Options
for withdrawal the discharge and pumping plants during the closure.
k) Options for diminishing the
pollutants from waters evacuated from the mine/open pit.
l)
Options
proposed for the rehabilitation of the water supplies to comply with Romanian
standards and protect against flooding.
V.1.2.3 Gases
Including elements from the “environmental
assessment” of level I and II and referring to:
a) Regime of gases discharge in the
period of activity of the mine (absolute
flows);
b) Identification of gases in water,
air and soil as a result of their migration from underground;
c) Utilisation of the gas
collecting/drainage systems and of the gases treatment systems;
d) Existence of connections with
operational mines;
e) Existence of possible connections
with surface (other than underground- surface connection works);
f)
Possibility
of gas migration to the surface as a result of underground waters rising;
g) Assessing the air pollution level
and the consequences over the environment;
h) Applied and suggested measures for
restricting the emission of mining specific pollutants and of emission in inhabited areas.
Further details of gas risk
estimation and options for mitigation are contained Annex II.
V.1.2.4. Ventilation
Including information concerning:
a)
the
general ventilation system of the mine, during the normal mining activity, with
reference to:
i)
general
ventilation plan (art. 9 - Graphical
annexes), the number of the main ventilation stations and the
characteristics of the fans;
ii)
the
balance of the air flow-rate at the main ventilation installations level,
respectively, for the main ventilation circuits; information regarding the
impact of the natural flow-rate (size, direction) in various periods of the
year (if applicable);
iii)
information
regarding the impact of the natural flow-rate (size, direction) in various
periods of the year (if applicable);
b)
The
auxiliary ventilation systems used while the mine was active, type and the
characteristics of the installations;
c)
The
spontaneous combustion potential and the effect of the ventilation pressures on
any active or previously active areas.
d)
The
estimated risk of spontaneous combustion both during and after closure.
e)
Identifying
and checking the possible connections to other working or closed mines.
f)
Options
for the ventilation of the mine during activity cessation and closure.
g)
Options
for the reduction likelihood of spontaneous combustion.
V.1.2.5. Surfaces stability
Information within this section should include:
a) a geo-technical report
characterising the surface subsidence during mining;
b) identifying the morphological
changes of the surface;
c) identifying and assessing the areas
influenced by the existent mining works;
d) identifying and assessing the mining
cavities and their possible impact on the surface;
e) identifying the risks of instability
as a result of influences, pillars and sinking
of the mine works;
f)
identification
of the risks of surface collapse due to the underground excavations;
g) proposed measures for ensuring the
stability of the surface, to suit its new utilisation.
Details on the land stability and on the
possibilities of their minimisation are included in Annex III.
V.1.2.6. Access ways to underground works
Including detailed presentation of the main
surface connecting works (pits, drifts, adits, raises, boreholes, drills),
together with their main characteristics (depth,
length, cross-section, gradient, etc.) and their purpose, with the
following information:
a) identification of all categories of
mining works, that connect or had connected the underground to the surface, for
the entire existence of the mine;
b) detailed characterisation of their
technical status utilising all the information sources;
c) inventory of all mining works, whether sloping
or horizontal, located at less than 50 m from the surface;
d) outlining on the topographical
drawings both the old and the active works (see
item 2 and 6 – Graphic Annexes)
e) identification of the surface
hazards due to the existing access ways and/or the method these were driven;
f)
identification
of all entries to be closed;
g) options for closing the access ways
to the mines;
V.1.2.7 Underground mining works (access roads, connections
to outside, preparation, working faces)
This section must include information
concerning the following:
a) details about all the access roads
and working areas which will remain
open, on a layout plan, including the heights of the mining works;
b) identification of all stoppings and
dams;
c) identification of subsidence and
dangerous conditions;
d) identification of areas with
spontaneous combustion;
e) identification of the connections
with other mines;
f)
identification
of the transport systems, access roads, openings and
preparation work
g) possibilities for filling the
underground voids (e.g. by filling up and/or caving-in)
V.1.2.8 Equipment
The information comprised in this section
should include:
a) A detailed list with the surface and
the underground equipment;
b) A detailed plan of their location;
c) The estimate costs for salvaging the
equipment, compared to the recovered value resulting from their capitalisation
and presenting proposals in order to salvage them or to abandon them;
d) The inventory of polluting equipment
and/or parts, which shall be salvaged without any concern to the costs;
Details on assessing the equipment and its
salvage are contained in Annex IV.
V.1.2.9. Buildings
Including information regarding:
a) The layout of the surface, of the perimeter and the inventory of the surface buildings (their name, surface, altitude, access) (point 7 – Graphical Annexes);
b) Inventory of the present status of
the surface buildings (name, inventory
number and physical status description) also presenting the list of the
buildings proposed to be demolished as a consequence of their insecure state or
their isolated location and the estimated costs of the repair works needed to
rehabilitate them for capitalisation;
c) Identification of contaminants or
hazardous materials used in construction or use of the buildings;
d) Identification and brief description
of the buildings listed as historical, cultural and archaeological heritage (where necessary);
e) Possibilities to capitalise the
buildings pursuant to the consultation of the local communities;
f)
An
inventory of all surface buildings (name
and inventory number) in each curtilage with chances to be capitalised (including potential users and the
prospective end-use);
g) Options for demolishing the
buildings;
Details on assessing the buildings and their
demolition are presented in Annex V.
V.1.2.10 Ore processing and concentrating plants
The information comprised by this section shall
include:
a) Location of the plant in relation to
the mine;
b) Reagents and materials used in the
process;
c) Condition of buildings and reuse
potential, depending on their contamination degree;
d) Assessment of contamination both of
the buildings and of the surrounding areas;
e) Assessment of contamination risk for
the "contractor" during
the closure process;
f)
Assessment
of contamination risk for the local communities both during and after closure;
g) Options for treating or neutralising
dangerous waste and for storing such without damage to the environment;
h) Options for demolishing the
buildings;
V.1.2.11 Utilities
Comprising information as follows:
a) Surface and underground power supply
(point 10 – Graphical Annexes) referring to:
1)
Overhead power supply
(voltage);
2)
Surface and underground
transforming/distributing stations or substations (characteristics);
3)
Electric networks, power
lines (constructive type, characteristics);
4)
Power users provided with
double supply;
5)
Underground and surface
lightning networks (voltage, type of lightning used);
b) Surface and underground
communication networks (telephony, etc);
c) Gas monitoring system and network;
d) Compressed air supply (point 11 –
Graphical Annexes) referring to:
i)
Compressor stations and
compressed air networks (number, compressor types, characteristics);
ii)
Tanks, pipes (diameter and
length, etc);
e) Water supply (point 12 – Graphical
Annexes) referring to:
i)
Industrial water supply (sources, network, users);
ii)
Drinking water supply (sources, network, users);
f)
Heating
supply (production method, networks and
main users, etc);
g) Identifying all contaminated or
hazardous materials used in the construction or use of the utilities;
h) Assessing the necessity to preserve
the utilities both during their closure and after their closure;
V.1.2.12 Waste tips
Comprising information as follows:
a) Describing the constructive
parameters existing at the moment mining activities cessation (surface, levels,
general gradient, protective workings, working technologies, other information
related to the existing mining construction) (point 15 – Graphical Annexes);
b) Geo-technical and hydrological
characteristics of the foundation (stability,
resistance, settling drainage, water regime a. o.);
c) Mineralogical composition and
technical parameters of the tip (physical and mechanical characteristics,
combustibility, radioactivity, volume, surface, waste deposit’s behaviour in
time);
d) Classification of the waste tips
according to the technical prescriptions "PT-C39"
respectively "PT-M33";
e) Impact on the environment (resulting
from the level I and II "environment
impact assessment");
f)
Current
measures and work undertaken in order to increase the stability of the waste
tip (improving the technical status)
and to ensure security of the constructions downstream the waste tip,
landscaping and vegetation work, action provided for by
the statutory document for preservation;
g) Assessing the contamination
potential for the materials in the waste tips, chemical characteristics
including pH levels;
h) Materials’ recycling potential;
i)
Assessing
the contamination degree for the materials, including results of the tests;
j)
Assessing
the potential for Acid Mine Drainage (AMD);
k) Assessing the nutrient compounds
(nitrogen, phosphates, potassium) including results of tests;
l)
Assessing
the wildlife, vegetation included;
m) Options to rehabilitate the waste
tip, referring to:
i)
Improve stability of the
tip;
ii)
Reducing the possible
effects of the Acid Mine Drainage (AMD);
iii)
Revegetation for increasing
the stability and preventing soil degradation/erosion;
V.1.2.13 Tailings impoundment (settling ponds)
Presents the results and the conclusions of the
studies performed (geo-technical for
stability, hydro-geological, topographic, monitoring annual reports on tailings
ponds) and of the tests and measurements resulting from the monitoring
activity during their construction and exploitation period, as follows:
a) Describing the constructive
parameters on the date of ceasing the mining activity (surface, levels,
gradient, protection workings, technologies used, other information related to
the existing mining structure) (point 15 – Graphical Annexes);
b) Foundation condition and stability
of the foundation (geo-mechanical characteristics, permeability, cohesion, a.
o.);
c) Physical-mechanical, mineralogical
and geo-mechanical characteristics of the waste deposited and technical
parameters of the settling pond (storing
capacity, storing surface, stability degrees for the dam and slopes);
d) Influence of ponds over the existing
objectives inside the protection area, ponds’ behaviour in time (foundation’s, slopes’, dams’ malformations),
classification according to the technical prescriptions ID-45-88;
e) Influence over the environment
factors (resulting from the level I
and II "environment impact
assessment");
f)
Protection
workings for tailings ponds (drains and
ditches for rain water collection and overflow, fencing and plantations)
and measures provided in the care and maintenance project;
g) Measures provided by the most recent
"environment agreement" issued
by the "environment territorial
authority" referring to the respective impoundments;
h) Measures taken and proposed for
rehabilitation and integration in the economic circuit for the land surfaces on
the impoundments;
Where waste depositing sites are found not to
correspond to the standards in force, a separate project shall be drawn up in
order to cease the activity and revise the non-conforming aspects.
V.1.2. 14 Other types
of waste
Comprising information as follows:
a) Identifying and locating the
dangerous waste (asbestos, lubricants) and
of other types (ferrous, non-ferrous)
etc;
b) Influence over the environment
factors, respectively assessing risks for the environment (resulting from the level I
and II "environment impact
assessment");
c) Measures proposed for capitalising,
treating, neutralising the dangerous wastes, including stocking/depositing
these in ecological conditions;
V.1.2.15. Affecting the soil in the mining area
It shall be presented detailed of the surfaces
affected by the mining activities:
a) Making an inventory of the land
surfaces affected by the mining activities, since the beginning of the activity
and up to the moment, by occupation categories (temporary, final, partially affected, completely affected)
including land surfaces occupied by the waste deposits)
b) Identifying the pollution sources by
representing on the plan of the affected areas (point 7 – Graphical Annexes);
c) Assessing the contamination and
degradation degrees for the soil inside the compounds and inside the "mining area";
d) Assessing the nutrient compounds
(nitrogen, phosphates and potassium) including the results of the tests;
e) Performed and proposed measures for
rehabilitating the soil referring to the final utilisation of the soil agreed
by consulting "the interested/
affected factors";
f)
Options
for disposing, treating or neutralising of the dangerous waste and their
depositing without affecting the environment.
V.1.2.16 Other environment considerations.
The specific problems comprised in
the "Environmental Audit" or
identified during the investigations for drawing up the "TMCP", referring to the temporary problems about
affecting the environment due to mines closure process:
a) Noise;
b) Dust;
c) Water related problems;
d) Physical disturbance of the Human
settlements, Flora and Fauna;
V.1.2.17 Lands and owners
Comprises data referring to:
a) Limits of the geographical area,
part of the "mining activity
area" subject of "TMCP", marked on the drawings by topographic
co-ordinates;
b) Land ownership status at the date of
project drafting; owned and used lands (owned,
leased, used, ceased and those lands whose ownership was not determined) (point
5 – Graphical Annexes);
c) Method of gaining the ownership (presidential decrees, transfer orders and
sales agreements or sales contracts);
d) Situation of the owned lands,
indicating the occupied and unoccupied areas that can be handed over for reuse
and their legal status (Annex 10).
(c)
V.1.3. Evaluation of
Options and Formulation of Programmes
This
section should identify all the options determined from the preceding sections.
Where, due to environment protection
reasons or other reasons drawn by the emergency in closing the mining workings,
there is only one option then this should be accepted.
Where more than one option in any
section is available, each option should give consideration to the following:
a) Technical possibilities to perform
the workings;
b) Benefices obtained by choosing the
option;
c) Security during workings’
performance;
d) Long-term maintenance;
e) Environment protection during and
after workings’ performance;
f)
Reuse
of materials, construction and lands becoming free of technological duties
(disposed for the mining activity)
For those items involving environmental risk
the Best Practical Environmental Option (BPEO) should be taken.
In
addition, the possibilities regarding alternative use of the underground mine
workings should be considered
a) Proposed measures for the prevention
and protection of the human settlements affected by mining activity including
the actions agreed during community consultation.
b) Proposed measures to diminish the
impact on protected areas, cultural and industrial heritage, including actions
agreed during community consultation.
a) Proposed measures of preventing and
protecting against noise, vibrations, gas, and geo technical and hydro
geological risks, including actions agreed following the consultation of the
stakeholders.
The options for alternatively using the constructions,
utilities, equipment becoming available by stopping the activity and closing
the "mines" shall be taken
into consideration.
V.2. Technical program for mine closure
"TMCP" shall comply with legal regulations
on public purchases referring to PT.
V.2.1.1 Mining activity cessation
Description of the workings for finalising the
exploitation, stating the areas to be exploited and the order they should be
exploited, before the closure and of the workings for improving the current
support (reinforcement, additional
support, levelling etc).
Description of the work needed to protect the
remaining reserves (with particular
reference to the prevention of spontaneous combustion) clearly stating:
a) Areas needing to be filled or
stopped off;
b) Areas needing to be waterproofed or
dammed.
V.2.1.2. General and partial ventilation
The following aspects shall be exposed:
a) Setting the main and auxiliary
ventilation circuits and constructions for managing and altering the air
currents, by closure phases, with a respect to Art. 8 of "PT-C33" respectively "PT-M28" (point 9 –
Graphical Annexes);
b) Setting the partial ventilation
system, according to the supposed alterations for the main circuits;
c) Control, Measurement and Reporting
system for gases for all the period of "mine’s"
closure;
d) Monitoring the gas emissions in the
areas adjacent to the closed "mine".
V.2.1.3. Salvaging the technical equipment and the materials
The following aspects shall be exposed:
a) The order of dismantling of the
plant and materials identified for salvaging for future capitalisation;
b) Logistical and technical measures
for the recovery, transport and storage of the equipment;
c) Identifying and locating the
workings and their types (improvement or additional
support);
d) Identifying the polluting equipment
and materials or parts of them that are compulsory to be salvaged and the
workings necessary to perform this task.
V.2.1.4. Closing of faces, preparatory and opening workings
The following aspects shall be exposed:
a) Time schedule for closing work by horisons and inside each horison
(point 8 – Graphical Annexes)
b) Identifying access, circulation and
transport roads for each closure phase
c) Additional work needed for closure (connecting adits, fan drifts, boreholes, etc)
in reference to the closure methods (filling,
caving-in, stopping, leaving as it is, etc);
d) The stopping work for closing the
mining workings and their location on topographical drawings. In areas with
possible floods, the dams shall be dimensioned as to resist the predictable
water pressure (point 14 – Graphical
Annexes).
V.2.1.5. Closing the surface openings of underground workings
The following aspects shall be exposed:
a) Execution order in time for closing
workings;
b) Closing procedure according to "PT-C33" respectively "PT-M28" (point 14 – Graphical Annexes);
c) Stoppings and caps, according to "PT-C33" respectively "PT-M28" (widths, arrangements) with their
location on the topographical plans;
d) Options for alternative utilisation
of the underground workings and method for isolating from the rest of the "mine".
V.2.1.6 Decommissioning of the power supply
The following aspects shall be exposed:
a) Scheduling of the decommissioning
according to the closure stages in accordance with article 9 from "PT-C33" respectively "PT-M28".
b) Establishing a priority of the vital
consumers that need to be connected during the closure works (point 10 – Graphical Annexes).
V.2.1.7 Flowchart of mine closure works
(1) It shall be presented the graphical
and quantitative flow by time, in years, months, weeks, in the natural order of
execution of work for "mine" closure,
underlined by items and work types together with the materials, equipment and
labour required.
(e)
V.2.2. Open pit closure work
V.2.2.1. Finalising the open pit exploitation
It shall be presented in detail the mining
workings for finalising the exploitation, describing the areas to be exploited,
their exploitation order before closure and the workings for the improvement of
the open pit and waste tip slopes’ stability, as follows:
a) Location of the works and their
type;
b) Special workings needed for the
security of the geographical area from the vicinity of the open pit and the
waste tips;
c) Describing the necessary workings
for the protection of the remaining reserves (with a particular reference to
prevent auto-combustion) clearly stating:
i)
Areas needing coverage or
grading;
ii)
Areas needing special
protection measures along with the measures inventory.
V.2.2.2. Closure of the faces in open pits and waste tips (point
8 – Graphical Annexes)
The following aspects shall be exposed:
a) Closure technology (levelling, grading, filling, etc);
b) Performance order in time for the
workings, on levels and by each level;
c) Slopes protection workings in open
pits and waste tips.
V.2.2.3. Closing and/or stopping of the access in the open pit
The following aspects shall be exposed:
a) Methods for warning and stopping of
the access of the unauthorised persons in the permanent void area of the open
pit.
b) The order in which the works are done.
c) Location of the works on the layout
plans.
d) Potential alternative use of the
works.
e) Works necessary for prevention the
falls
f)
Works
necessary for water discharge during closure;
g) It shall be presented the flowchart
and quantity chart in time, by years, months, weeks, following the natural
order for the execution of the workings provided for closing the open pit,
emphasised by objects and workings categories and accompanied by materials,
equipment and labour force quantities needed.
The following aspects shall be exposed:
a) Planning the stopping and
decommissioning the objectives at the surface, depending on the "mine" closure phases (points 13, 16 – Graphical Annexes);
b) The list of buildings identified for
demolition
c) Describing the utilisation or
storage of materials resulting from demolitions, including hazardous waste;
d) Preservation methods for the
constructions that remain functional, are preserved for other utilisation or
have historic value (museum value);
e) Work needed to rehabilitate the
affected environment according to the measures referring to the air, waste
tips, tailings tips, waste, soil, forestry and agriculture, population,
protected areas, human settlements;
f)
Other
specific work for each "mine"
as recommended by the consultant
g) Planning flowchart for the
demolition work of the surface buildings;
V.2.4.1. Waste tips
With reference to:
a) Description of final landform
detailing slope design including length of slopes and incorporation of berms /
terraces.
b) Any measures required for slope
stabilisation such as the use of geotextile or the rapid establishment of a
dense grass cover should be described including the technical specification of
the materials used.
c) Description of compaction or capping
methods to exclude air and water preventing potential Acid Mine Drainage and
spontaneous compaction.
d) Specification for excavation and
removal of potentially contaminated material and waste. Identification of
potential waste discharge locations.
e) Description of surface drainage
including open ditches and channels to control surface drainage water
indicating proposed intervals and cross-sections. Protection measures to
prevent ditch erosion, where required, should be incorporated into the design.
Description of underdrainage including depth of drain pipes identifying lateral
and main drain pipes, where required. The drainage scheme should detail the
size and interval of the drain pipes
f)
Description
of water collection systems for surface water run-off and points for discharge
off-site. Identification of existing watercourses for surface water discharge
where applicable.
g) Description of cultivation methods,
e. g. ripping or subsoiling to relieve compaction specifying depth and spacing
of tines to allow for free drainage and sufficient root penetrable depth
h) Description of proposed after use
including vegetation cover specifying species mix and/or grass mix and
density/sowing rate
V.2.4.2. Impoundments
V.2.4.3. Other land surfaces
a) Description of final landform
detailing area design including length of slopes and incorporation of any
berms/terraces;
b) Description of any measures such as
the use of geotextile or the rapid establishment of a dense grass cover should
be described including the technical specification of the materials used;
c) Description of the methods to
compact and insulate the surfaces of the slopes and berms in order to prevent
air ventilation, water filling and to prevent acid drainage and the
auto-combustion of the materials composing the waste tip;
d) Specifications regarding the
excavation workings and the disposal of the potentially contaminated materials
or wastes and identifying the appropriate places for depositing the potential
waste;
e) Description of surface drainage
including open ditches and channels to control surface drainage water
indicating proposed intervals and cross-sections. Protection measures to
prevent ditch erosion, where required, should be incorporated into the design.
Description of underdrainage including depth of drain pipes identifying lateral
and main drain pipes, where required. The drainage scheme should detail the
size and interval of the drain pipes;
f)
Description
of water collection systems for surface water run-off and points for discharge
off-site. Identification of existing watercourses for surface water discharge
where applicable;
g) Description of cultivation methods,
e. g. ripping or subsoiling to relieve compaction specifying depth and spacing
of tines to allow for free drainage and sufficient root penetrable depth;
h) Description of proposed after use
including vegetation cover specifying species mix and/or grass mix and
density/sowing rate;
V.2.4.4. Surface stability
a)
Description
of those areas identified as being or could be affected by the mining activity,
including crown holes, collapsed shafts, undermined and risk areas, areas of
continued subsidence.
b)
The
remedial action to be taken to stabilise the area or minimise the visual
impact, including where appropriate cutting and filling, grouting, backfilling
of voids
c)
Description
of areas which require to be fenced or isolated.
d)
Identification
of areas to be monitored and monitoring programme to be carried out.
V.2.4.5. Water discharge and treatment plant
Comprises:
a) Description of the water discharge
arrangements from the mine site excluding the waste tips and tailings
impoundments, including discharge pipes from shafts, adits, drifts and
boreholes, connection drains or ditches to the main water courses or rivers;
b) Description of surface run off
drains or ditches and connection drains or ditches to the main water courses or
rivers;
c) Description of settling arrangements
to be constructed or refurbished intended for the separation of solid bodies
off the "mine" water;
d) Description of the water courses to
be constructed or reprofiled, including connection to the local stream or
river;
e) Description of water course
protection measures to be constructed e. g. gabions, geotextiles, breaking
levels, slopes protection, etc;
f)
Description
of any pumping facilities or water treatment plant utilities that need to be
constructed or modernised;
g) Identification of monitoring areas
(points) and monitoring programme to be carried out;
V.2.4.6. Waste removal
a) List of waste material identified as
requiring safe disposal and its category, including location e. g contaminated
soil, building materials, chemicals, liquids, gases etc, also indicating the
depositing place;
b) Arrangements for the construction of
waste disposal facilities where no authorised local disposal facilities exist;
c) Locations for depositing for all
waste categories, including accepted depositing areas, as agreed pursuant to
the consultation with the "local
consortiums".
Record of the necessary utilities in the
underground and on surface during and after "mines" closure workings with reference to:
a) Power supply;
b) Compressed air supply;
c) Industrial and drinking water
supply;
d) "Mine’s" ventilation (general and partial ventilation systems);
e) Water discharge (water pumping
stations);
f)
Filling
installations temporarily required for shafts, fan drifts, adits, drifts (conveyors, crushers, grinders);
g) Special installations (neutralising,
etc);
h) Site management (workshops, lamp shade, baths, stores, etc);
i)
Water
treatment stations;
j)
Means
of transport the materials (horizontal
and vertical);
k) Sources for the filling material;
l)
Special
utilities for surface rehabilitation;
Only the utilities needed for the
respective objective will be specified.
V.3 Task Books
"The
designer"
selected by the "DCCPESM"
to develop the TCMP has the obligation to draw up the task books according to
the regulations in force, task books he will present in separate brochures, by
types of activities for each object separately. The technical elements
mentioned in the schemas present information, specifications, and
prescriptions, all complementary to the task books.
The task books form integral part of the tender
documents and represent the detailed description of the workings making the
object of the tender, specifications, methodology and labour security
requirements giving the necessary information to draw up the estimates
concerning the workings’ costs;
The task books for preparing the tender
documentation for international contracts shall offer all information to make
possible the filling in of the workings description, the technical
specifications, the lists of materials and the measurement methods. The
mentioned documentation should not dictate the methodology unless major Health
and Safety issues are involved in which case the methodology should be
followed;
The task books and the graphical part (the
plans) will include the necessary information to determine the quantities of
workings, by objects and workings categories, equipment, labour force,
utilities needed to perform the workings so that to allow the bidders to
evaluate the costs employed by the workings provided in TMCP.
The task books shall be detailed so as to allow
the evaluation of the estimate costs for the workings.
All legal regulations concerning labour
security applicable to the activity performed shall be mentioned in the task
books.
The task
books shall be drawn up for the following sections of the "mine" closure process:
V.3.1. Closure
of the underground mining works;
V.3.2.
Closure of the adits;
V.3.3.
Closure of the open-pits works;
V.3.4.
Removal and dismantle of the structures, constructions and surface utilities;
V.3.5.
Field rehabilitation;
V.3.6. "Mine" care and maintenance
(both active and passive);
V.3.7. Post
closure monitoring.
This part will comprise the
monitoring necessities established by the "designer"
and will include the following items (not necessarily only these):
a)
monitoring
the stability of the waste tips and of the tailing pounds;
b)
monitoring
the subminated areas;
c)
monitoring
the fillings and the filling degree of compaction for shafts ................
d)
monitoring
the quality of the soil;
e)
monitoring
the growth of the plants on the revegetated areas;
f)
monitoring
any spill of water either in the treatment plants or, from the collectors into
the rivers.
g)
Monitoring
the passive water treatment system;
h)
Monitoring
the quality of the air (toxic, radiation, explosive gases emissions);
i)
Monitoring
the potential emissions generated by the spontaneous combustion.
"The designer" will set up the frequency and the
length of the monitoring sessions. Supplementary details regarding the
post-closure monitoring are presented in Annex VI.
Each
taskbook will comprise:
1. General considerations;
2. Works description;
3. On site organising;
4. Calculation details for dimensioning
the elements for constructions;
5. Monitoring and responsibilities
during closure;
6. Standards and other technical
prescriptions which have to be respected when the works are executed.
7. Reception conditions, measurements,
limits of tolerance;
8. Drawings;
V.4. The estimated Bill of
Quantities
It will comprise all the elements
necessary for assessing the value of the works and their duration.
V.4.1.
Estimated Bill of Quantities for the works provisioned for each element (Object
Bill of Quantities)
V.4.2.
Estimated Bill of Quantities on categories of works (Categories of works Bill
of Quantities)
V.4.3. The
lists with the quantities of works.
The lists
with the quantities of works will be structured on chapters of works for each
object making the Bill of Quantities on categories of works easy to draft.
V.4.4.
Estimated Bill of quantities for utilities and technological equipment.
V.4.5.
Technical details;
V.5. Care and maintenance for the mines;
i)
The
care and maintenance for the mines/open pits will be realised on the basis of a
technical project which will be drafted according to the principles of the
present manual by a specialist consultant at the request of the interested
"mining operator".
ii)
The
technical care and maintenance project for the mines whose operators are
subordinated to MIR as for the "historical heritage" mines will be
approved by the MIR specific directorate as well as by the field authority.
iii)
It
is compulsory for the mining operator to execute, within the care and
maintenance works, as much as possible from the works stated in the mine
closure project (equipment and materials recovery, protection walls, etc)
iv)
The
mining operator is forced to ask the consultant to take into account the
technical project for care and maintenance and the prospective of capitalising
the deposits of the mine/open pit in a fashion which will determine the care
and maintenance manner.
V.5.1. Care and
maintenance for the possibility of future capitalising according to the mining law.
It
will be applied to the mines/open pits who are under closure and are offered
for capitalising according to the provisions of the mining law.
During
the care and maintenance period the mine will be taken care of in such a manner
that production can be started immediately should a investor decide to buy the
mine.
V.5.2. Care and
maintenance for closure
It
will be applied to mines/open pits whose closure decision was approved through
a governmental order. The care and maintenance period is similar, usually, to
the period necessary for drafting the Technical Mine Closure Plan, put the
works to bidding and, respectively, transfer the mine/open pit to the
contractor.
The
care and maintenance works will be limited to the areas which are necessary for
closure.
V.5.2.1. Active care
and maintenance with technical assistance and permanent inspections
It
will be applied to the mines that have a lot gas in the deposit, present a
danger for spontaneous combustion, acid waters and where there is a need for
maintaining the access roads, the ventilation as well as the surface facilities
for treating the mine waters.
These
mines have the necessity of maintaining a large number of employees who will
execute the ventilation works, dewatering and water treatment as well as other
works specific for maintaining the adits.
V.5.2.2. Passive
monitored care and maintenance
It
will be applied to the mines where works for maintaining the physical status of
the mining works have been done. These mines will be monitored trough regular
surface inspections (weekly or monthly). The access to the underground will be
secured by executing fencing works, closing the access roads and, for the objectives with many entrances
watch stations will be put in place.
V.5.3. Care and
maintenance for future opening
It
will be applied to the mines where, through legal provisions, the deposits are
declared of strategic importance and the exploitation will be opened. In this
case the mine workings and preparings as well as the auxiliary (ventilation,
other special works) will be maintained in function so that the access can be
made with minimum operational costs.
The
same provisions will be applied for the mines which are exploiting the deposits
with important reserves and which are subject to temporary closure because of
temporary stop.
Annex I: SOCIAL PROTECTION PROGRAM
A. General responsibilities
1) All
mines identified for closure shall have an obligation to provide and facilitate
a as part of the activity cessation plan the social protection program of the
personnel according to law no.61/1998 art 38 (1) point d, and according to
Urgent Governmental Order 98/1999 modified by Urgent Governmental Order
77/2000.
2) All
mines shall advert through mass-media, publish notices, which should be
displayed prominently within their communities, and which should include the
following:
i) the
official announcement that the mine is to close (to be published as soon as
possible after the decision to close has been taken, no more
than 28 days later)
ii)
a layout plan of the mine surface, including buildings,
together with preliminary indications of end-use, and an invitation to
interested local bodies to contribute ideas for ultimate usage of buildings and
for surface contouring within a prescribed period no more than 3 months
iii)
an announcement of future redundancies should be
submitted to the local Employment Office at least 60 days before the
redundancies take effect, according to Urgent Governmental Order no.98/1999.
3) All mines identified for closure shall
identify and appoint a Community Liaison Director, whose general role will be
to provide a focus for individual and collective consultation of persons to
become redundant and affected communities and the evaluation of their results. The designed person will be
the community liaison director and his
specific responsibilities will include:
a)
establishing a way of informing and consulting the
personnel to become redundant through:
i)
recognised trade-unions
ii)
establishing counselling/consultation services for
redundant personnel and their families giving focussed advice on job search
iii)
to co-ordinate his activities with the activities
undertaken by The Employment Agency and NAD.
iv)
to organise psychological counselling/support services
for redundant personnel and their families
v)
to issue leaflets on social rights of redundant
personnel
vi)
to organise community interest groups
vii)
to establish a community involvement mechanism to
ensure community involvement in the specific works of mines closure works as
environmental rehab and social protection as follows
viii)
assisting the local mayor in the establishment of a
Community Task Force (Consortium).
b
to inform the Community consortium about the progress
of mine closure activity
·
to include within the technical plans for
closure and other documents regarding the mine closure proposals and ideas
coming from the members of the Community Consortium
·
a very closed relationship with the institutions
involved in the mine closure in order to reflect mainly the needs and interests
of the local community
c)
to commission surveys on labour market activity, local
NGO actions and initiatives, and local opportunities
d)
to report the progress of the mine closure activity to
the public
e)
co-ordinate together with NAD the activities undertaken
by the economic and social development institutions individuals and NGOs whose
preoccupation is the social and economic development of the area.
f)
to liase with all relevant local bodies to ensure
community involvement in the promulgation of the social protection program
g)
to liase with all relevant bodies to ensure community
involvement in the development of the environmental rehab program
h)
to provide secretarial assistance to the Community
Consortium
4) The
community liaison director will be designed according to proved aptitudes as
mediating the work, public debates, consultation for professional training and
to demonstrate communication abilities.
B. Community consultation
(1)All mines identified for closure have to fulfil the social protection
program and have an obligation to provide and develop a consultative process of
the communities.
(2) The mining company will carry out
activities additionally to the legal requirements and according to the present
manual by paying all costs assuming the obligation to:
a)assist the mayors and
communities affected by ceasing the mining activity in setting up and
organizing the community consortiums and to insure secretarial assistance
b)to initiate and organize the
community consultation process through the liaison director before the mine
closure decision is made as follows:
B.1. collective consultation as
follows:
·
through initiating and organizing meetings with
the community members about subjects of common interest generated by ceasing
the activity /closing the mine
·
through active participation within the
community consortiums
·
through commissioning and publishing surveys
regarding labour market, skills and jobs that the redundant personnel can
learn, creating new jobs etc
·
involving the interested bodies in the
preparation of the closure specific processes
(social programs and environmental rehab)
·
publishing the progress and the problems through
mass-media
·
through organisation of “Open days” to publicise
progress
The collective consultation will be
organized and carried-out with the trade-unions support, with the mine company support of local bodies by using mass-media,
notices, professional meetings etc
B.2. individual
consultation through:
·
through “open-door” policy to public enquiry
·
informing the public on progress by leaflets,
informative notices located within institutions and public places, meetings
with individuals, groups and mass-media
B.3. Consulting the
personnel to become redundant:
1. The mine company
through the community liaison director will ask the employment office according
to Urgent governmental order no 98/1999 art. 46
services as follows:
a)
consultation on:
i)
legal requirements regarding the redundant social
protection and their professional reintegration
ii)
finding local existing vacant jobs and training in
job-search
iii)
professional training inside or outside the employing
company including short-term training
iv)
surveying the employees opinion and informing them
regarding the active measures of fighting against unemployment.
b)
active measures for fighting against unemployment:
i)
preparation activities for recruiting and training the
personnel in view of carrying out the active measures
ii)
providing services and specialized assistance for the
active measures beneficiaries
iii)
assessing the active measures activities
(3)The mining company will carry out additionally to what is required within the
law and according to the present manual by paying all expenditures for work
force consultancy assuming the obligation of organizing and managing through
the liaison director before the activity cessation insuring:
c)
collective consultation through :
i)
main trade unions and professional organizations
ii)
collective meetings with groups, sectors, mines,
general activities, preparation activities etc
iii)
Notice Boards
iv)
Publishing and distributing leaflets for public
information
d)
individual consultation through:
i)
consulting services and job search support
ii) support and psychological consultation
services
B.4. FUNCTIONS AND ROLE OF COMMUNITY CONSORTIUM
1.
The main role of the CC will be to bring together
representatives of all relevant State and Non-State bodies in the area and
ensure that all are kept informed of progress, and are invited to contribute to
specific activities of the closure process as collective redundancies measures
of social protection and environmental rehabilitation.
2.
The formulation
of a local action Plan is the most important task assumed by the community
consortium.
To be properly representative, the CTF will compulsory
comprise representatives of bodies like Mayor, Prefecture, Public Health
Service, Police, Church, Education Service, Culture Service, Employment Service, local environmental
services, trade-unions, private business representation, women organisations,
banks, local development agencies, NAD, MIR, NGOs involved in the economic
reconstruction and environmental rehabilitation, Donor Project representation
and other bodies considered relevant by mayors and local councillors.
The functions of the CTF will be:
i)
formulation of the local action plan
ii)
analysing the documents regarding mines closure for
finding suggestions, proposals and ideas that will contribute to the mine
closure process relating to a
development of a social protection and environmental rehabilitation
program ensuring that all local interests and ideas are fully included.
iii)
to seek relevant clarification from the CLD on various
issues relating to the mine closure process
iv)
to assist in the dissemination of information to the
public.
5. When carrying out
the tasks within the social protection program the mining company can set up
organize and finance in the community social accommodation centres that will
provide the services stipulated in this manual to the redundant personnel and
affected communities.
Annex II: Gas
Mine gases represent a hazard to
the environment for public safety reasons, as a possible source of vegetation
distress and as contributors to the greenhouse effect.
One of the hazards that has been
recognised as important is the emission of mine gases at the surface. Uncontrolled emissions at the surface from
abandoned underground coal mine workings can affect buildings, property and
people .
For surface gas emissions to
occur from abandoned mine workings there needs to be:
·
a reservoir of hazardous gas within the
workings, and;
·
a seepage pathway to the surface from the
reservoir of gas, and;
·
a fairly rapid and substantial fall in
barometric pressure to cause mine gas to flow to the surface.
Rising groundwater in mineworkings
is also a contributory factor. However, gas displacement rates due to water
inflow are generally low compared with gas flow arising due to barometric
pressure fluctuations. Nevertheless, mine gas pressurised by rising water can
lead to problems if accidentally encountered by drilling, for example, during
opencast exploration.
The most frequently encountered
gas seepage pathways at the surface are:
·
abandoned mine entries (shafts, adits or
boreholes) where no controlled venting arrangements have been made, and;
·
fractured, competent rock overlying shallow
workings with thin or absent superficial cover.
Of lesser importance, but
nonetheless significant in terms of gas migration risk are collapsed
near-surface workings and former backfilled opencast which intercept shallow
underground coal workings.
A general understanding of the
various processes which determine gas compositions in abandoned mineworkings,
and in unconsolidated cover material, is a necessary element of hazard
identification and risk management.
The principal hazardous mine
gases are:
·
CH4,
·
CO2 and N2 (carbon dioxide
and nitrogen).
·
CO,
·
Radon.
Gases evolved from operational
and abandoned mines will include methane, carbon dioxide, carbon monoxide and
nitrogen but the overall quantities are likely to be relatively minor.
The composition of gas in old
mine workings depends on fresh air ingress, the types of gas generation and
emission processes taking place and the relative rates of these processes. Firedamp, carbon dioxide
and nitrogen occur naturally in coal seams and are emitted as a result of the
disturbance of coal seams by mining. In
abandoned mines, methane of recent biogenic origin may also be generated from
the decay of wood and any other organic material remaining in the mine. Blackdamp is formed by oxidation effects
which become pronounced once fresh air ventilation ceases. Atmospheric oxygen
reacts with coal forming carbon dioxide and carbon monoxide. Thus, the mine
atmosphere becomes depleted in oxygen and enriched in the unreactive
atmospheric nitrogen. Additional carbon
dioxide may also arise from the following sources:
·
organic metabolism
·
release from solution
·
action of acidic water on carbonates
·
emissions from geological sources.
Oxidation effects are of
particular importance in abandoned coal mines. Low rank coals (brown,
sub-bituminous) are substantially more reactive than high rank coals with
oxygen from atmospheric air. During low temperature oxidation, the ratio of
oxygen to carbon increases showing that oxygen is taken up without water or
carbon dioxide being formed. The
oxidation process which occurs at normal temperatures is termed
chemisorption. Oxygen molecules
penetrate deep into cracks within the coal substance and attack to internal
surfaces with the evolution of heat. Under certain conditions this process can
lead to spontaneous combustion with significant additional carbon monoxide and
other products of combustion being formed.
Rapid flooding of a mine offers
environmental benefits in the reduction of gas emission risks due to:
·
isolation of gas sources
·
halting of gas emission processes
·
halting of oxidation processes
·
reduction of spontaneous combustion risks
·
minimisation of monitoring requirements to the
short-term
Greenhouse gas emissions
Methane and other gases emitted
from abandoned underground mines contribute to the global emission of gases
associated with man’s industrial activities. The concentrations of these gases
are increasing in the earth’s atmosphere and international protocols have been
agreed in an attempt to regulate emissions and prevent unacceptable global
warming.
In comparison with operational
coal mines, greenhouse gas emissions associated with abandoned mines are
relatively low. It is not practical to totally seal off mines and prevent any
emissions. However, where flooding takes place, emission processes from the
coal are halted. Commercial exploitation
of methane is considered to represent a practical opportunity for reducing
emissions from abandoned mines. Such schemes are only likely to be financially
viable at a few mine sites. Suitable sites are those where coals of relatively
high gas content were worked, extensive underground voids remain, flooding
rates are low and there is a favourable market for the gas or generated
electricity.
The mine must therefore be sealed
in such a way that the environment is least affected by the closure . This will
necessitate the analysis of the potential for unplanned emissions of gas such
that :
·
The possibility of problems associated with gas
have been neutralised by actions taken at the time of closure, or
·
if this is not possible the monitoring of the
mine’s connection with the surface or underground is in place such that when
predicted problems do arise they are picked up and dealt with speedily
utilising a pre planned method .
It may not be possible to stop some
mines from creating problems particularly where large volumes of gas may be
forced to the surface by rising water levels, but it should be possible to
predict this happening and take measures accordingly.
The procedure for the control and
reduction of gas emissions involves:
·
Obtaining underground mine and surface
topographic plans
·
Locating all mine entries including
shafts,drifts, and boreholes
·
Surface and underground inspections for
accessible entries
·
Appraisal of sealing ,gas venting and safety
requirements
·
Incorporation into outline specification of
works for inclusion with contract documents
Where there is a lack of
information on the composition of gases in abandoned mines and the likely
emission scenarios after abandonment a series of experiments can be planned to
provide the necessary information.
·
Desorption Studies
·
Residual Gas Content
·
Gases emitted in opencast boreholes
·
Shallow soil gases.
·
Underground gas monitoring in different parts of
the mine
·
Radon from bulk mine air samples
The gaseous hazards and risks
that need to be considered from uncontrolled gas emissions are summarised in
the following table.
Rigorous gas dynamic modelling is
very difficult and complex . However for most practical purposes simplifying
the process by assuming the worst case condition will probably be of most
interest.
Two types of gas migration hazard
should be considered:
·
A potential for gas seepage onto the mine site
from the mine entries after abandonment.
·
A potential for escape of gas to the surface at
locations remote from the mine site.
The former
hazard can be minimised by the design of appropriate venting and gas dispersion
measures for incorporation in the mine entry sealing programme.The latter
hazard is addressed by investigating the possibility of aerodynamic connections
with the mine workings to be abandoned and any shallow, outcrop workings
situated beneath existing or planned buildings. If shallow , relatively thick
coal seams are present in a former industrial area but no records of mining
exist then it is prudent to assume the presence of unrecorded shallow workings
unless proved otherwise.Where there is a possibility of underground connections,
a drilling and testing programme may be needed to demonstrate the existence of
open voids and the transmission of fan ventilation pressure. Clearly this
should be done before the ventilating fans are switched off
Information
on the possible presence and disposition of old workings is obtained by
searching mining records. The lack of a plan is not proof of the absence of old
workings.
Shallow soil gases
Boreholes can
be drilled using a hand auger to depths
ranging from 420mm to 720mm in opencast backfill and adjoining natural ground.
The objectives are to determine typical ground gas compositions, to examine the
occurrence of carbon monoxide as an indicator of continuing spontaneous
combustion risk in reclaimed opencast areas and to provide background levels
against which the ease of identifying surface mine gas emissions by testing
gases in shallow probe holes can be assessed. A more detailed study would be
needed to identify all potential “hot spots” together with regular monitoring
to determine whether spontaneous combustion was taking place in the ground.
Such a study would only be warranted at a mine site where there was a history
of fires in the backfill and a potential for the occurrence of vegetation
distress, smoke emissions and ground instability.
|
Table 1
Principal
gas-related surface hazards to be considered
on
the closure of underground coal mines
|
|
Hazard
|
Significance
and implications
|
|
Methane emission
|
Any uncontrolled emission to the surface is unacceptable.
|
|
Blackdamp emission
(carbon dioxide and nitrogen)
|
Major emission needed to produce harmful effects at the surface. These would involve a low resistance
pathway to the surface and a rapid barometric pressure fall
|
|
Carbon monoxide emission
|
Minor emission could be harmful. Rapidly rising concentrations could
be indicative of spontaneous combustion in the abandoned workings.
|
|
Carbon dioxide-rich emission
|
Relatively minor emissions could be harmful
|
|
Cessation of ventilation
|
Whilst operational, any suction effects transmitted to shallow,
abandoned workings draws air into the system through any surface
connections. Once ventilation is
removed, gases will be free to migrate to the surface.
|
|
Flooding
|
Gases are displaced as mine voids are allowed to flood. They can be
pressurised where surface venting is inadequate leading to uncontrolled gas
seepages at abandoned mine entries.
Gas migration routes can also be substantially altered as the workings
fill with water.
|
Information on the possible
presence and disposition of old workings is obtained by searching mining
records. The lack of any mine plans is
not proof of the absence of old workings.
Annex III: SURFACE STABILITY
One of the most serious
consequences of mine closure is the potential effect of surface movement as a
result of the underground workings.
This can result in any of the
following:
1.
Crown holes
2.
Fault Slips
3.
Subsidence
4.
Surface collapse due to pillar failure and crown rock
failure
5.
Surface movement due to flooding of the workings.
6.
Collapse of near surface underground workings
Ground movement caused by subsidence is
not controllable unless steps have been taken during the life of the mine to
extract the mineral in a way that limits surface movement. The cause of the
movement is the mining activity itself. There are two forms of subsidence that
occur due to normal coal mining activity, excluding diverse forms of coal
extraction such as sub-level caving etc. Subsidence either takes the form of a
saucer shaped trough or a crown hole. Where sub-level caving or metalliferous
mines have extracted mineral from an ore body surface movement takes the form
of large crown holes or sudden collapse of the crown pillar
Where longwall mining has occurred the
subsidence generally takes the form of a trough, the maximum subsidence being a
function of the depth of the working, extraction thickness and the width and
length of the panel. The result is a general lowering of the ground above the
panel, with some parts being affected by tensile or compressive strain. Where coal bearing strata are overlain by
younger brittle strata then fissuring can occur. Additionally, where faulting
is affected by mining induced ground movements stepping at surface can result.
In either case the magnitude and duration of ground movement can be greater
than expected. Generally, ground movements associated with longwall mining are
contemporaneous with the mining event, residual ground movement being complete
some time in the 2 to 5 years thereafter.
In the case of shallow mine workings
surface ground instability can occur many years after the mining. As with
longwall mining a trough can develop when pillars punch into a weak floor,
pillar failure occurs or there is weak roof strata. Alternatively, void
migration can occur and under certain conditions a crown hole can occur at
surface. There is, therefore, a possibility that ground movement and subsidence
damage could occur after mine closure if the potential for mechanisms
associated with such movement prevail.
Often pillars of support are left to
support particularly vulnerable areas. Pillar types used in mining are either
designed as a pillar of support for buildings or strategic installations or as
pillars to separate underground working panels and to provide protection to
underground roadways.
The size of a pillar of support is based
on the angle of draw, that is, the angle between a line drawn
perpendicular to the seam from the edge
of the working and another line drawn from the same point to that position on
the surface where zero subsidence is expected.
Underground pillars used to separate
panels, to reduce deformation of roadways and to reduce the effects of
subsidence on surface are designed using empirical formulae based on the strata
characteristics, extraction height and depth below surface.
Where pillars have not been designed for
long term stability then over time and the probable flooding of the mine they
may become unstable and movement could occur at surface resulting in damage.
Also the closure decision can result in the pillars being mined which could cause
problems after the mine has closed. Once the closure process has started it is
possible to limit the subsidence by not mining the support pillars for
vulnerable surface features . If the decision is made to mine the pillars then
careful investigation into the potential for future damage and calculation of
future liabilities is however possible.
Upon abandonment, underground
roadway stability generally becomes an issue where the solid rock cover above
the roadway is not sufficient to prevent void migration to the surface. In
Romania a rule that in soft or loose ground there should be at least 50m rock
cover, or the road should be filled, is conservative. However there has been
experience of crown holes appearing from roadways up to 80m depth..The history
of the formation of the underground roadway is therefore important , inrushes
or major falls that were not properly treated can create void paths
Even though the condition of the
roadway may be excellent upon abandonment, the long term stability of the
roadway cannot be guaranteed and if the solid rock cover is insufficient void
migration can occur resulting in surface instability. Examination of the
roadways in relation to the surface need to be assessed and where insufficient
solid rock cover is found remedial action should be undertaken.
The risk from instability of the
surface will depend on a number of factors. Mines remote from settlements often
in mountainous terrain are generally less likely to generate as great a risk as
a mine near to populated areas with its associated services and in order to
assess the risk the following should be taken into account .
a)
Location of the mine and its workings to settlements or
commercial premises
b)
Surface topography
c)
Public access or activity carried on in the area
d)
Subsidence or pillar collapse history
e)
Any information regarding the backfilling of the
underground voids or roadways
f)
Power distribution lines
g)
Gas Pipelines
h)
Rivers and Streams
i)
Roads and railways
j)
Potential Reuse of the Area
.
The designer must consider the
underground layout and estimate the risk of surface movement. Where the
location of the workings is remote from settlements and where the end use is of
a non sensitive nature then the risk from surface movement can be categorised
as low, with the minimum of remediation measures required.
However in areas where there are
existing settlements or planned development then the options for remediation
need to be carefully examined.
In
order to do this the following information should be gathered.
1.
Surface
Topographical map showing all natural features and infrastructure.
2.
Sections
of the mine showing the rock or overburden cover
3.
Surface
plan showing the extent of the underground workings superimposed on it
4.
For
metalliferous mines, the stope configuration, including the length , span,
thickness with detail of the surrounding host rock..
5.
Areas
where backfill has been used.
6. Groundwater recharge and flooding calculations
7. A rock mass characterization including,
·
the
geology,
·
the
strike and dip of the ore body and host rocks,
·
the
presence of structural features such a joints, faulting or cleavage,
Annex IV: EQUIPMENT
Equipment Recovery
The determination of the amount
of equipment that can be usefully salvaged. The process is divided into two
principal sub-processes.
1.
Equipment Inventory
2.
Equipment Recovery Selection System
1. Equipment Inventory
In order to gather the
information needed the mine should be broken down into zones and areas eg.
working places and surface sites, and the equipment identified and logged.
The information gathered during
this process is used in the equipment recovery selection and should as a
minimum give the items of equipment a unique ID number, general description,
location, detailed description, and estimate of the condition of the equipment
and the age of the equipment. Where
appropriate a photographic reference should be included.
Experience has found that identity of the
equipment is not easy as many of the mines have an inventory that is for
accounting purpose only and is not representative of the equipment underground
or on the surface. Therefore assessment by visual examination is the only sure
way of establishing the true status.
It is recommended that each item
of equipment be painted with a unique number that can be used to cross
reference with the mine inventories and hence establish basic information about
the equipment quickly and easily. A simple numbering system is perfectly
adequate for the task.
Equipment Recovery Selection System
Following compilation of the
equipment inventory a formal system of selection is essential to provide a
structure for equipment and mine zones to be compared with each other and to be
assessed against some pre defined yard stick.
The following ranking system has been devised.
Ranking System
A three tier ranking system has
been devised to allow an equipment recovery selection procedure to be used to
prioritise equipment recovery either on an
·
individual equipment basis; on
·
zones of a mine; or on
·
areas in a mine.
The lower tier is devised to
assess the merits for salvage of individual items of equipment. Ten characteristics were selected as
important in determining whether or not to salvage equipment. As some characteristics are more important
than others, it was necessary to assign weightings to each aspect. Weightings are assigned on a percentage scale
from 3 to 15, the higher the number the more importance is attached to that
characteristic.
The ten selected characteristics
and their relative weighting are:
|
|
Relative Weight
|
|
1.
Age
|
9
|
|
2.
Condition
|
12
|
|
3.
Maintenance History
|
3
|
|
4.
Ease of Salvage (Location)
|
12
|
|
5.
Ease of Salvage (Transport
|
5
|
|
6.
Saleability
|
15
|
|
7.
Cost of Salvage
|
15
|
|
8.
Safety Consideration
|
9
|
|
9.
Residual Value
|
15
|
|
10.Programme constraints
|
5
|
In order to assist in the
evaluation the following guidance notes should be used. These notes are intended to explain to the
evaluation team what is meant by each of the characteristics and how each of
them has been weighted.
1. Age This
should, not only, reflect the physical age of the equipment but also take into
account the life expectancy and utilisation.
Eg. large items of plant like winding engines that may be 10-15 years
old would be considered more favourably than small pumps of a similar age that
would normally be written of over such a period of time. This characteristic has been given a
moderate weighting of 9% and hence not considered as one of the most important.
2. Condition This characteristic should relate to
a physical inspection, and where possible witness operational performance, of the
equipment and in many cases can be a very good indicator. This evaluation should also reflect other
characteristics such as age and maintenance history. The extent of the evaluation should be a
measure of the size and importance of the item. Care needs to be exercised where only
external visual inspection is possible as this is not always a good indicator,
for example: large motors may appear in good condition but the internal
windings are not sound. This, however,
is still an important characteristic and has been given a weighting of 12%.
3. Maintenance History This should be determined by
consultation with the mine management as to the existence or not of plant
maintenance records. Where records
exist then an overall judgement should be made as to the efficiency of the
maintenance regime. Although it can be considered important it is more
accurately reflected in the characteristics
- condition, saleability and re-sale value. This has therefore been
given a weighting of 3%.
4. Ease of Salvage (Location) Plant and equipment will be scattered
throughout the surface and underground and hence location is an important
characteristic in deciding if particular items are worth salvaging. In most cases the characteristic will denote
the ease or difficulty associated with gaining access to, and salvaging such
equipment. Plant and equipment sited
near main haulage routes will generally be in more favourable locations than
those sited in dynamic working faces.
Due to the importance of this characteristic it has been given a
weighting of 12%.
5. Ease of Salvage (Transport) Wherever equipment is located it will normally
require transportation prior to it being made available for re-sale or
re-use. Due to the nature of mining it
may not always be possible to remove equipment due to changes within the
structure of the mine. Consideration
should be given to the ease of transport, particularly where large items may
require remedial work to be carried out on the fabric of the mine prior to salvage. This should be judged on the knowledge of the
mine’s infrastructure. This
characteristic has been given a weighting of
5%.
6. Saleability Plant and equipment must be judged on
its ability for re-sale or re-use.
Re-sale can be considered where a third party is involved and re-use
where it is considered for re-use within the existing enterprise. Plant and equipment should not be salvaged
unless there is a ready market and the cost of salvage can be justified.
However, small items of plant which individually may be of little value may be
easier to sell at scrap value if
combined with other items. Motors
may be valuable for their conductors and casings rather than as a motor. This is an important characteristic and as
such has been given a weighting of 15%.
7. Cost of Salvage This is one of the most
important characteristic, although other considerations such as the re-sale
value will interact with it. For
example, where the cost of salvaging a piece of equipment is high and
uneconomic in monetary terms but its value is high in terms of making available
similar items of plant. Cost of salvage
may be generally related to a combination of a number of other
characteristics. In most cases a value
can be placed which relates to size and location. This characteristic has been given a
weighting of 15%.
8. Safety Considerations This aspect should take into
account the risk to personnel and also mine stability issues, where salvage of
primary support is being considered, in the execution of the work. This characteristic needs to recognise the
timing of salvage operations, particularly where the mine is not stable or at
risk because of spontaneous combustion, flooding etc. Although of primary importance it has been
given a moderate rating of 9% as it should be possible to minimise risk to
personnel and the fabric of the mine by the application of appropriate
methodologies and work practices.
9. Residual Value This can be subjective or objective
provided the information is available or can be easily obtained. In most cases it is likely to be subjective
and should be carried out by personnel with some knowledge of the internal
markets available. However, it should
be recognised that high value second hand equipment does not necessarily
command a high re-sale value. This can
be dependant upon a number of factors relating to such issues as equipment
specification and the time when it could be available for re-sale.
This is considered to be one of the most important characteristic and
has been given a weighting of 15%.
10. Programme Constraints This relates to making the item
available for salvage. Where certain
items of plant are not available because they are required during the overall
salvage operation then they would score lower than equipment that can be salvaged
and disposed of at will. This
characteristic has been given a weighting of 5%.
Note: The weightings
assigned above are subjective and as such may be altered to suit the
circumstances pertaining at a particular mine or point in time.
Having selected the key characteristics,
the principle behind all formal ranking systems is to take each option in turn
and to make an assessment of how the individual items of equipment satisfies
the selected characteristics one at a time.
A perfect candidate for recovery would score highly in each key
characteristic.
To compile an overall weighted
total, a formal rating was necessary for each characteristic. Rating boxes provided an objective result in
carrying out ranking exercises and in this case a five box scoring system was
set up. The characteristics which have
the highest merit were scored in the highest scoring box. Those with the lowest merit were scored in
the lowest scoring box. To aid the
scoring process the most favourable box, to the left of the form was described
as Very Favourable whilst on the other end of the scale, the low scoring box
was labelled Very Unfavourable. For a
particular item, a characteristic ranked as Very Favourable would score 5
marks, a characteristic marked as Very Unfavourable would only score 1 mark for
that characteristic. These individual
characteristic scores are multiplied by the weighting to produce a weighted
score for the particular characteristic under consideration. A total weighted score for each item of equipment
is generated by totalling all the individual characteristic scores together.
These figures can then be divided into two broad bands, those which should be a
priority for salvage and those to be left in place. The position at which the dividing line is
drawn may be shifted to favour either end of the spectrum of equipment. There will inevitably be a grey area, and
equipment in this area may need a further evaluation to place it in one of the
aforementioned categories.
Notwithstanding the above ranking
system, in some cases, the mine has no choice but to remove equipment either
based on legislative or environmental requirements. An example may be electrical units containing
polychlorinated biphenyls (PCB’s) must be removed.
Accordingly prior to carrying out
the above ranking exercise equipment falling into the “must be salvaged”
category shall be identified.
The second tier of ranking can be
used to prioritise zones of a mine where individual items of equipment are
summated to give an overall total for that zone. Scores can then be compared and if necessary
a league table prepared to highlight the areas of highest potential for
equipment recovery.
A further tier can be evaluated,
if necessary, by summating all the zones in a particular area of the mine to
produce a total score for that area.
Similarly, as above, a league table can then be produced based on each
area in the mine.
It is likely that only one tier
of decision is required as experience is that generally all areas of the mine
are salvaged the only decision being the order in which they are salvaged.
Annex V: Buildings and Surface Features
As with the equipment selection the decision to keep
or demolish a building will depend on several factors which may alter according
to when the building is being assessed. Reuse or sale of a building will depend
on the fortunes of the surrounding economic environment as much as the
condition of the building itself.
Demolition of buildings is a specialist job, normally
undertaken by contractors which can be profitable for the mining company if
decisions are taken at the right time.
Identification of buildings to be demolished and
sufficient time for contracts to be assembled can result in the contractor
paying the mine operator for the demolition contract, particularly where steel
structures form part of the building construction and the value of scrap is
high.
Building
Inventory
In order to assess the future use
or otherwise all buildings and facilities should be identified on a plan. Each building
should be given an I.D. which could be its number or its use name e.g.Bath
House.It is useful to have a photographic record of the building as this may
also help in the sale, auction or lease of the building. The information
gathered for the decision making process
on whether a building should be demolished or kept should include its
age , condition, general description, and its construction.
The following characteristics
have been identified as those which should be evaluated in order to determine
the future of buildings and facilities at the mines.
1.
Age
2.
Condition
3.
Environmental Considerations
4.
Social and Business Considerations
5.
Location
6.
Demolition Costs
7.
Value/Saleability
8.
Safety Considerations
9.
Land Value
10. Services.
In order to assist in the evaluation
the following guidance notes were used.
These notes were intended to explain to the evaluation team what is
meant by the characteristics and at what level each of them has been weighted.
1. Age This
should take into account the age of the structure and its life expectancy. This has been given a weighting of 3.
2. Condition This should relate to
physical, and where appropriate structural, inspection. This will be a good indication of the
building’s useful future viability, although a high score would not necessarily
ensure a building would be re-used or saved from demolition. This has been given a moderate weighting of
10.
3. Environmental Considerations This should take into account the
contaminants associated with the building or facility, the likely implications
of in-situ contamination and the likely effect on such things as saleability,
land value, safety considerations and demolition costs. This is an important characteristic and has
been given a weighting of 12. In some
instances it may be necessary to isolate the site until funds can be made
available to clean up the site.
4. Social and Business Considerations
To
assess the potential for re-use the social and business opportunities need to
be identified. The area in the vicinity
of the buildings needs to be assessed for facilities of a supporting
nature. These can take the form of local
housing that could supply a local workforce or local businesses that could
supply or purchase items from a new business venture. The expansion potential of the site needs to
be considered for potential future growth.
This is one of the most important characteristics and has been given a
weighting of 15.
5. Location Location of the
structures is important when considering the access to road and rail
networks. Ease of access is important
when considering import and export of tangible goods. Additional consideration needs to be given to
the availability of similar structures that could provide alternative
sites. This is an important characteristic
and has been given a weighting of 12.
6. Demolition
Costs These
should be evaluated in relation to cost of demolition compared to potential for
re-sale of letting. Prohibitive
demolition costs may be outweighed by much less onerous costs for keeping the
structures in a safe and sound condition for future re-sale or letting as
market opportunities improve. This has
been given a moderate weighting of 9.
7. Value
and Saleability This
is an important characteristic in the decision to demolish or re-use/sell. If a ready market exists for a sale this
could be the best option to discharge all liabilities and at a profit. If no ready market exists a low score would
be registered but would not necessarily lead to demolition. Other characteristics could be scored high if
the structures could be kept in a safe and sound condition at relatively low
cost until market opportunities improve.
This is one of the most important characteristics and has been given a
weighting of 15.
8. Safety
Considerations This
is an important consideration but should be able to be mitigated against by the
adoption of appropriate procedures and practices. This should take account of the overall risk
associated with various likely outcomes associated with the building’s or
facilities’ failure. This has been given
a rating of 6.
9. Land Value This should evaluate the
land value without the building or facility and as a greenfield site that can
be re-exploited as either building land or for agricultural use. This has been given a moderate weighting of
9.
10. Services This
can be evaluated on the basis of probable re-use options. Where agricultural re-use is likely, then
services would not necessarily be valued as highly as if individual development
was planned. This has been given a
weighting of 9.
Having selected the key
characteristics, the principle behind all formal ranking systems is to take
each option in turn and to make an assessment of how the individual buildings
satisfy the selected characteristics one at a time.
NB In the case of the characteristics Demolition
and Land Value, it should be borne in mind that the scores are the reverse of
the other categories, i.e.
Demolition - if the cost of demolition is high, this would
normally indicate a high score as this
will reflect the argument for keeping the building.
Land Value - if the value of land is high without the
building then it would normally indicate a
low score as this will reflect the argument against keeping the
building.
Buildings which could be used
after the mine has closed would score highly in each key characteristic.
To compile an overall weighted
total, a formal rating is necessary for each characteristic. Each
characteristic is then given a score dependent on its merit. Merit is defined
as the level between two extremes.Eg between Very Favourable and Very
Unfavourable. For a particular item, a
characteristic ranked as Very Favourable would score 5 marks. A characteristic marked as Very Unfavourable
would only score 1 mark for that characteristic. These individual characteristic scores are
multiplied by the weighting to produce a weighted score for the particular
characteristic under consideration. A
total weighted score for each building is generated by totalling all the
individual characteristic scores together.
These figures can then be divided
into two broad bands, those buildings which should be demolished and those to
be left in place. The position at which
the dividing line is drawn may be shifted to favour either end depending on the
situation when the closure takes place. There will inevitably be a grey area of
decision making, and buildings in this area may need further evaluation before
the decision is made
Not withstanding the above
ranking system, in some cases, the mine has no choice but to demolish buildings
based on legislative or environmental requirements. An example may be buildings which have been
contaminated. It is even possible that because of lack of opportunity to sell
or lease the building then demolition would be the only option.
Annex VI: Post Closure Management
Post Closure Management will
involve the monitoring of the mine site with a view to the detection of
potential problems.Apart from the obvious need to keep the public away from
buildings that may have been left for further reuse or sale which may involve
the provision of security fences and notices, the post closure period will
require the monitoring of:
a)
The stability of waste tips and tailing impoundments.
b)
subsidence of the area either
through settlement or catastrophic failure of the surface.
c)
fill material settlement in
shafts , raises and crownholes
d)
soil quality
e)
the growth of cultivated areas.
f)
any discharged water either
through water treatment plants or direct discharge
g)
passive water treatment systems
h)
air quality (toxic and /or
explosive gas emissions, radiation)
i)
potential emissions due to
spontaneous combustion.
Where stability of the ground has
been properly established and measures taken to remove the problem then no
further monitoring is necessary. However where pillars of support have been
removed and the possibility of ground movement remains then this should be
monitored. Generally, ground movements associated with longwall coal mining are
contemporaneous with the mining event, residual ground movement being complete
some time in the 2 to 5 years thereafter. However ground movement in more
competent ground associated with some metalliferous operations may occur at
considerably longer periods
In the case of shallow mine workings surface ground
instability can occur many years after the mining. Troughs can develop when
pillars punch into a weak floor, pillar failure occurs or there is weak roof
strata. Alternatively, void migration can occur and under certain conditions a
crown hole can occur at surface. There is, therefore, a possibility that ground
movement and subsidence damage could occur after mine closure if the potential
for mechanisms associated with such movement prevail.
Monitoring of the surface
GAS MONITORING STRATEGIES
Strategies for the monitoring and
control of gas emissions following mine closure can only be operated
satisfactorily if the responsibilities for action are clearly identified with
specific organisations. The
organisations must then have sufficient resources to be able to provide an
effective response, to sustain the monitoring programme as long as necessary
and to maintain gas control measures.
Environmental monitoring is
usually undertaken when the impacts of change are uncertain, where a technical
response may need to be triggered and where legislation requires evidence that
control measures are performing satisfactorily. Account has to be taken of
local resources and expertise in designing a suitable environmental monitoring
system. In respect of gases, no long-term hazards are likely to arise at the
surface provided that the recommended precautionary engineering measures are
taken..
Gas-related monitoring is
required prior to, during and after the closure of a mine as shown in Table
11. Information gathered during the
closure programme forms the basis for designing a post-closure monitoring and
response schedule. Significant changes will occur within underground workings
when the main colliery fans are switched off.
Firedamp and blackdamp concentrations will tend to rise in abandoned
deep workings and elevated concentrations of potentially hazardous gases are
expected to arise at vent sites. As the
purpose of a gas venting scheme is to control surface gas emission risk, post-closure monitoring should record gas
composition and pressure trends at selected monitoring locations relevant to
identified areas of potential risk. Action levels should be set such that
natural variations and predicted, but acceptable, changes within the
underground system can be safely ignored but sufficiently sensitive to allow a
satisfactory response time for appropriate measures to be implemented. The method for devising a suitable scheme is
described below.
Action criteria Action
criteria are determined from an assessment of the risks, the site specific
setting and a knowledge of the underground gas regime. Appropriate conditions are those which
indicate a significant change in the underground regime or that an unacceptable
surface hazard may be developing.
Critical concentration levels and
trends are chosen which are easily and unambiguously detectable with portable
monitoring instruments. If there are no receptors, and therefore no risk, then
no detailed monitoring programme is necessary. A minimum requirement for closed
mines would be monitoring of vents until the absence of spontaneous combustion
risks could be confirmed.
Monitoring schedule
A monitoring schedule defines the
measurement processes necessary to provide information on the performance of a
gas control system. Thus, potential
problems can be identified at a sufficiently early stage for remedial measures
to be undertaken. The key monitoring
locations are identified together with the parameters to be measured and the
monitoring frequency.
Parameters and Measuring
Instruments
Routine monitoring of the key
locations may include the measurement of concentrations of flammable gas
(methane), oxygen and oxides of carbon together with the borehole (or sampling
point) pressure relative to atmospheric pressure. The routine gas measurements can be taken
either using portable instruments of a type designed to analyse oxygen
deficient gas mixtures or by taking samples in a suitable container for
laboratory analysis. Portable instruments with pellistor based detectors and
portable flame ionisation detectors (without an independent air supply) are not
usually suitable for on-site monitoring. Preferable, are instruments reliant on
infra red or thermal conductivity detector technologies. Any portable
instruments used should be serviced and calibrated as directed by the
manufacturers instructions and a record kept to demonstrate compliance. Should
there be any doubt as to efficacy of a gas concentration reading taken with a
portable instrument, or if the readings are approaching the action limits, then
a sample should be taken for laboratory analysis. In any event, it is
recommended that every 6 months a laboratory sample is taken for checking purposes.
The results of monitoring should be entered on a pro-forma together with the
date, time and barometric conditions prevailing together with any observations
pertinent to the monitoring or to the integrity of the sampling point.
The monitoring interval can be
varied according to the apparent stability of the gas regimes in the
underground workings. When the
ventilation effect is first removed, or dewatering ceases, there will be some
uncertainty as to the magnitude of the effects of the various events likely to
take place and the response time of the system.
Weekly or even remote, continuous monitoring may, therefore, be
initially appropriate.
Specification for an
underground gas monitoring instrument
Portable, rugged and waterproof
Approved for use in coal mines
Detectors for:
Flammable
gases 0 - 5% volume
(or 0 - 100% LEL)
Oxygen 0
- 21%
Carbon monoxide 0 - 1000ppm
(Hydrogen 0 - 1000ppm if
possible)
Automatic warning of hazardous gases from pre-set alarms.
Internal data logging facility with interface for standard
PC.
User friendly software, Windows 95 compatible.
User configurable alarm levels, data logging frequency,
display type and clock.
Manufacturers/suppliers support for maintenance, repair and
calibration.
Manufactured to European standards.
Mains powered charger unit supplied.
Specification for a
surface gas monitoring instrument
Portable, rugged and water resistant
Detectors for:
Flammable
gases 0 - 100% by
volume
Oxygen 0 - 21% by
volume
Carbon
monoxide 0 - 10,000ppm
Carbon
dioxide 0 - 100%
Differential pressure transducer (mb).
Barometric pressure transducer (mb).
Internal data logging facility with interface for standard
PC.
User friendly software, Windows compatible.
Manufacturers/suppliers support for maintenance, repair and
calibration.
Manufactured to European standards.
Mains powered charger unit supplied.
A response strategy
A response strategy should
identify a succession of actions which can be taken if the action criteria at
the key monitoring locations continue to be met or exceeded.
The first action response may be
to check the validity of measurements by laboratory analysis if appropriate and
corroborate the results of monitoring by increasing the frequency of monitoring
at the key locations, or by collection of additional data from a wider range of
monitoring stations. Should a problem be identified, for example spontaneous
combustion within an abandoned mine, the next stage could involve one or a
combination of:
·
temporarily closing a vent until oxygen levels
decreased;
·
permanently closing a vent if groundwater has
recovered filling most of the mined voids; or
·
fitting an automatic valve which closes to
prevent air ingress during a rise in barometric pressure.
It is suggested that any
monitoring should continue after full closure until stable conditions are
indicated, but should not extend beyond 2 years unless justified on the basis
of adverse trends. In most instances, it is anticipated that adverse trends
would have been identified and stabilised by taking appropriate action within
this period.
Maintenance of passive vents
Where flammable concentrations of
mine gas are found, it is usual practice to fit a flame trap to a vent. Passive
venting systems require systematic attention if they incorporate flame traps in the vent
stacks. Unless the flame traps are
changed or cleaned regularly the resistance of a vent stack will increase until
it becomes ineffective. If gas concentrations at a particular vent are non-flammable,
omission of the flame trap will improve the venting, dilution and pressure
relief performance characteristics of the vent. In addition, the maintenance
requirement will largely be removed.
Active gas extraction schemes
require regular attention. Planned preventative maintenance ensures the
reliability of the machinery and ancillary equipment. While fully automatic operation is possible,
active systems are inevitably more demanding of maintenance than passive
systems.
Where new building development is
taking place, any remaining risks can be minimised by incorporating structural
precautions. Retro-fitting gas
precautions to existing buildings is, however, more costly and not always
effective. The range of options for the
treatment of abandoned mine workings to minimise gas migration risk is
summarised in Table 10. Not all of these
options are practicable or appropriate for implementation at mine closure. Any intervention deemed necessary would
generally involve a venting scheme involving either:
(1)active gas extraction to
produce a negative pressure in underground workings similar to that previously
produced by the main ventilation fan (ie. maintaining the status quo); or
(2) passive ventilation using
drilled boreholes or shafts and drifts fitted with appropriately sized passive
venting stacks.
WATER MONITORING
Where water quality issues associated with minewater recovery and
discharge are relatively minor and the rate of recovery is expected to be slow,
the appropriate approach for mitigation is pre- and post-closure water level
and water quality monitoring, combined with contingency mitigation options.
However if discrete discharges occur at the surface and their combined flow
rate is of the order of several hundred cubic metres per day there may be a
requirement to treat the water.
The purpose of the monitoring is to confirm that predictions are
reasonable, and if necessary revise predictions based on further
information. If revised predictions
indicate an increase in risks to unacceptable levels it may be necessary to
implement a contingency response. It
will be necessary to review the monitoring results and predictions regularly to
agree the future course of action.
The key monitoring issues will be the relative water level responses
in different mine sections and the water quality in flooded workings. If it is shown that the water levels
throughout the mined system act as a single water table and that minewater
recovery is maintained at a rapid rate, it is more likely that discrete
discharges will occur, whilst diffuse seepage would be more likely to occur if
the water level responses vary across the mined system and the rate of water
level rise is slow.
If monitoring indicates that water quality is worsening significantly,
it will be necessary to revise predictions and potentially develop mitigative
responses, particularly if the levels of toxicants are increasing.
Options for treatment of the minewater are as follows:
•
use of existing settlement
pond;
•
development of a surface flow
wetland;
•
alkali addition to enhance
metal precipitation coupled with use of the existing system;
•
treatment in an anaerobic
(compost) wetland;
•
construction of active
treatment plant.
Existing settlement pond
If discrete discharges occur above the existing settlement pond, the
water could be transferred into the pond in open channels. Aeration in channels
would probably be sufficient to precipitate out most of the iron. Other metals
would probably be adsorbed to the iron hydroxide precipitates in sufficient
quantities to lower their dissolved concentrations to acceptable levels. There would also be potential for some
oxidation of ammonia.
In this case the settlement ponds would be required to remove this
newly precipitated material (floc) from the water. The new flocs may be finer than the material
in the existing minewater, and therefore may settle more slowly. Velocities of
about 5 mm/hr are required to produce a clarified effluent.
Based on a discharge flow rate of 500 m3/day the
area required to achieve this would be about 0.4 ha. Given that by-pass flows generally reduce the
effective area of ponds which are not highly engineered it is prudent to double
this area to 0.8 ha. The area of
the existing pond is about 1.1 ha, and therefore this would probably
provide sufficient area to settle flocs.
Settlement of iron would also remove other metals from
suspension. However it is likely that
sulphate and manganese concentrations would only be reduced by dilution, which
would not affect the loading of these contaminants and would therefore have
little benefit to the receiving water course.
Surface flow wetland
Minewaters can be treated in surface flow wetlands which create the
conditions for precipitation, settlement and stabilisation of metals. These systems involve passing the water
through a shallow pool in which reeds or bullrushes are planted. Take up of metals by plants is not usually an
important removal process and the main processes are oxygenation of the water
and precipitation and settlement of the metals.
The plants may enhance settlement by providing filtration surfaces.
Assuming a flow rate of 500 m3/day and a
concentration of 9 mg/l, the loading is 4500 g/day, and the wetland
area required would be 450 m2.
Even at an assumed maximum flow rate of 1000 m3/day the
required wetland area would be 900 m2. Such an area could easily be incorporated
into the site technical restoration plans.
In order to achieve treatment within the design area it is important
to have good hydraulic control, however in this case it may be more cost
effective to combine a low level of hydraulic control with an area well in
excess of the design area. An area of
about 40 m x 100 m would be appropriate. The water would enter the wetland at one end
via a single pipe and be taken off at the other downstream end in a single pipe
from a collection chamber. It should be
possible to raise the entry and discharge points with a weir structure to allow
for vertical accretion of the wetland bed resulting from sedimentation and
accumulation of plant material.
In order to create a reedbed it would be necessary to select a
relatively flat low lying area and impound water using earth bunds of about 1 m
height. The area should be in a location
suitable for capturing the discharge and gravity drainage of the discharge to
the local river system. The water level
should be controlled to a uniform depth of about 0.3 m. Colonisation of the wetland would probably
occur spontaneously, but this could be enhanced by transplanting of some local
wetland plants.
Alkali addition
If settlement in the existing system is not fully effective, either
because sufficient precipitation of metals is not achieved in the open
channels, or because the settlement velocity in the pond is insufficient, the
system could be improved by continuous or batch dosing of a strong alkali such
as lime (Ca(OH)2) to the system, probably at a point close to the
discharge or soon after discharges from different areas merge. Sufficient lime should be added to raise the
pH to between 9 and 10. This would
result in effective precipitation of all the metals The lime would also act as
a coagulant and improve the settlement velocity of flocs.
The settlement pond would work as described above, and in addition would
allow the pH to drop to acceptable levels as the water equilibrates with
atmospheric CO2.
Lime is usually the preferred alkali as the cost is usually
significantly lower than alternatives such as caustic soda (NaOH). Lime also has the advantage of causing the
precipitation of calcium sulphate and therefore lowering the sulphate
level. However it is unlikely that the
benefit in terms of sulphate concentration would be significant. A disadvantage of using lime is that it
creates large volumes of sludge which may rapidly fill the ponds.
Alkali addition requires active labour and energy input as well as
capital for the dosing equipment as well as revenue for ongoing chemicals costs
and should therefore be a voided if possible.
Anaerobic wetland
An anaerobic wetland is one in which the water flows through an
organic substrate. The aim of the
wetland is to produce conditions favourable for sulphate reducing bacteria to
thrive. These bacteria reduce the
sulphate to hydrogen sulphide (H2S) which either reacts with metals
to produce sulphide minerals or is released as a gas.
These wetlands are more difficult to construct and operate than
surface flow wetlands and large areas are generally required to remove
significant amounts of sulphate from the water.
Active treatment
Mechanical plant for minewater treatment would normally involve
automated lime dosing, aeration through mechanical agitation or air sparging
and settlement in a circular clarifier with raked underflow. Such a system may also involve membrane
filtration of sludges and polishing of final effluents in a sand filter.
These systems are expensive to construct and operate and are not
appropriate some problems
If sulphate removal is required to achieve compliance with surface
water norms, more sophisticated and expensive forms of active treatment such as
reverse osmosis would be required.
The approaches to mitigating against environmental effects of
minewater on land and permanent standing water are outlined below:
•
Accumulation of minewater within
depressions is not considered a significant problem as, if required, this could
be remedied by enhancing the drainage of the land, diverting the minewater
around the depression or engineering a permanent wetland feature to enhance the
local ecology.
•
Seepage to the surface could be
more problematic as such areas are more likely to be used for agriculture. The approach would be to install drainage
channels to lower the groundwater level by about 1 m. In order for this to be cost-effective
channels would have to drain to the local river under gravity. If the area is too low for this, a change of
status to permanent marsh or wetland would be inevitable, and alternative
agricultural land would have to be provided by restoration of other areas.
•
The quality of permanent
standing water would be monitored through the recovery period. The potential use of the water would be
dependent on the quality, which should be compared to the appropriate
standards.
The above list presents possible actions if post-closure monitoring
indicates that water related problems are likely to occur. Most of the options comprise relatively minor
earthworks and landscaping, and it is these which are most likely to be
required.
Expensive water treatment methods involving dosing of the minewater
with chemicals and mechanical and electrical control are unlikely to be
required to achieve the environmental objectives and are unlikely to be
appropriate in view of the expense involved.
|
Table 10
Various
gas control options at mine closure
|
|
|
Method
|
Mine gas source being treated
|
Preventative Measures
|
|
Opencast and backfill
|
All shallow voids and
migration pathways
|
Permanent solution by
removing ground instability and surface emission risks.
|
|
Grout voids
|
Shallow, abandoned mine
workings and entries
|
Reduce gas migration
risk by stabilising ground and treatment of abandoned mine entries.
|
|
Allow flooding
|
Abandoned mine workings
|
Reduces reservoir
volume and opportunity for gas release, generation and migration. Possible ground instability implications.
|
|
Active gas extraction (1)
|
Interconnected
abandoned workings
|
Negative pressure
prevents escape of gas to surface.
|
|
Passive venting
|
Shallow, abandoned mine
workings
|
Reduces gas migration risks from abandoned mine entries and shallow workings.
|
|
|
|
|
(1)
Achieved by linking to mine ventilation system of
adjoining operational mine or by installing a dedicated surface gas extraction
plant.
Annex VII: GRAPHICAL ANNEXES
1
Location Plan of the
Area including settlements.
2
Plan of Exploitation
Licence Area
3
Geological plan of the
area and mine to be closed and cross section plan.
4
Reserves Plan
5
Topographical plan
with the land occupancy/ownership
6
Underground Layout
Plan
7
Topographical-survey
plan with the location of the surface structures including the subsidence areas
8
Topographical plan
with the closure works clearly marked in stages.
9
General ventilation
plan and staged closure plan
10
Electric power supply
wiring diagram
11
Compressed air
supplies distribution plan.
12
Potable and industrial
water distribution plan.
13
Architecture plans and
sections for new designed objectives or for those to be demolished.
14
Design drawings for
mining works sealing constructions (stopping and caps)
15
Cross sections and
longitudinal sections for tips, ponds and other specific works before and after
rehabilitation.
16
Demolition Plan
17 Transport plans
18
Cross and longitudinal
sections of the mine entries/mining works connected to the surface (shafts,
adits, drifts, fan drifts, boreholes)
19
Mine/opencast water
discharge plans for each stage of closure
Annex VIII: HEALTH
AND SAFETY AND FIRE PROTECTION STANDARDS
Legislation regulating closure,
from the point of view of occupational health and safety, as well as fire
protection that shall be complied with by the contractor during the closing
activity are specified, relating to:
a)
Health and Safety Act no. 90/1996;
b)
Methodological Norms for Act no. 90/1996 enforcement;
c)
General Health and Safety Norms, 1996 edition;
d)
Health and Safety Norms (SLPN) for coal mines and
bituminous shales, 1997 edition, as well as Technical Prescriptions (TP)
appended (TP-C**), 1997 edition;
e)
Health and Safety Norms (SLPN) for underground ferrous,
non-ferrous, rare, radioactive and non-metal ore mines, as well as Technical
Prescriptions appended (TP-M**), 1998 edition;
f)
Health and Safety Norms (SLPN) for quarry mining of
mineral substances by rock blasting, 1999 edition, as well as Technical
Prescriptions appended (TP-C**), 1997 edition;
g)
Unique Health and Safety norms for lignite quarries;
h)
Health and Safety Norms (SLPN) for storage, transport
and use of explosive materials, 1997 edition, as well as Technical
Prescriptions appended (TP-E**), 1997 edition;
i)
Other Health and Safety Norms for related activities
(the related activities and the applicable SLPN will be presented)
FIRE PROTECTION REGULATIONS FOR
SURFACE
a)
General fire prevention and
extinguishing norms, enforced by the Ministry of Internal Affairs Order no.
775/1998;
b)
Government Decision no. 678/1998 for violation of fire
protection regulation;
c)
Technical norms for building, design and execution
related to fire protection - P118/1999.
a)
Emergency plan and a distinct chapter with preventive
actions for labor protection, as part of the preliminary plan;
b)
Health and safety document showing that all relevant
measures have been taken for the safety and health of the employees, both for
normal and critical situations (according to the SLPN);
c)
The health and safety document highlights that
employees’ occupational health and safety risks are determined and assessed. It
also highlights that the work places and equipment are safely designed,
exploited and maintained.
d)
Internal instructions for the application of labor
protection norms depending on the particularities of the work process involved,
according to article 5 (6) of the Health and Safety Act no. 90/1996.
During the
mine/open pit closure, the organizational structure of the health and safety
system will be identical to the one existing at an operating mine, depending on
necessities (gas control organization etc.)
ANNEX IX: LEGAL FRAMEWORK
The mining law no. 61/05.03.1998
§
The
motivation of activity cessation.
§
The
content of the Activity Cessation Plan.
§
Approval
of the Activity Cessation Plan by M.I.R and A.N.R.M. and final approval through
Governmental Decision.
Governmental
Decision 639/25.09.1998 regarding the approval of the Regulations for the application of the Mining Law.
§
Approval
for temporary closure
Technical
directions for closing the mines/opencasts - approved by a common order issued
by A.N.R.M and M.I.C no. 116/16672/ 17/18.09.1998.
§
Drafting
the technical-economical documentation and the documentation for the programs
from within the Activity Cessation Plan.
Completions
to the Technical directions for closing mines/opencasts - approved by the
common order issued by M.I.C. and A.N.RM no. 115/62
24/19.05.1999.
§
Drafting
the technical-economical documentation and the documentation for the programs
from within the Activity Cessation Plan.
Technical
directions no. 85-02/1998 approved by the A.N.R.M.
Order no. 93/23.07.1998.
§
Mineral
resources assessment.
Environment
protection law no. 137/1995, republished.
§
Drafting
the Environmental Impact Assessment.
M.A.P.P.M
Order no. 184/1997.
§
Drafting
the Environmental Impact Assessment
The M.A.P.P.M. Order
no. 125/19.03.1996 regarding the approval of the procedure for regulating the
economic activities that have an impact on the environment.
§
Conformity
program.
Approved
through the Common Order issued by M.F., M.L.P.A.T., no. 784/34N/13.04.1998.
§
Approval
for the Activity Cessation Plan (feasability)
Governmental
Decision no. 632/05.08.1999 regarding assets capitalizing.
§
Taking
over the mining objectives with all the assets and technological annexes.
Law
no. 213/17.11.1998 regarding the public property and its legal regime.
§
Taking
over the mining objectives with all the assets and technological annexes.
M.I.C.
Order no. 1670/25.09.1998 regarding the creation of the Central Group for Mines
Closures.
§
Organizing
the bidding or the selection of the offers for the drafting of the technical
closure project;
Governmental
Decision no. 418/26.05.1999 regarding the ensurance of the implementation
conditions of the Mining Sector Restructuring Project.
§
C.C.I.P.,
U.M.P. and U.I.P. are formed.
M.I.C.
Order no. 167200/02.2.1998 regarding the general content of the technical
projects.
§
General
content of the technical closure projects.
Governmental
Decision no. 376/08.07.1994.
§
Rules
for drafting the Bill of Quantities.
Law
no. 10/1995.
§
Check
of the technical projects realised by specialists approved by M.L.P.A.T.
Governmental
Decision no. 925/1995.
§
Check
of the technical projects realised by specialists approved by M.L.P.A.T.
M.L.P.A.T
Order no. 77/N/28.10.1998 regarding the approval of a Guide for the application
of the provisions of the checking and project technical expertise regulations.
§
Check
of the technical projects realised by specialists approved by M.L.P.A.T.
Law
no. 50/29.07.1991 regarding the authorization of the constructions.
§
Authorization
for construction execution.
M.I.C.
Order no. 1768/20.12.1998 regarding the approval of the technical project.
The
common Order issued by M.I.C. - M.M.P.S. - M.A.P.P.M. no. 20/87/111/
12.02.1999.
§
Checking
and approving the health and safety regulations of the technical closure
projects by INSEMEX Petrosani.
Methodology
approved by the M.F - M.L.P.A.T. common Order no. 784/34/N/13.04.1998 and
changes approved by the M.F. M.L.P.A.T. common Order no. 553/5367N/31.05.1999.
§
Organizing
the bidding for realizing the mining closure works.
Governmental
Decision no. 267/08.04.1999 regarding the change of the GD no. 592/1993.
§
Organizing
the bidding for realizing the mining closure works.
Governmental
Ordinance no. 12/04.03.1993.
§
Finalizing
the execution contract - between the investor and the winner of the bidding.
Regulations
approved by the Governmental Decision no.
273/`4.06.1994.
§
Organizing
the final and partial receptions.
The
19/06.03.1995 Law regarding the change of the Governmental Ordinance no. 36/05.08.1994.
§
Taking
over the dispozed lands.
MIC Order no. 234/08.09.1999 regarding
the approval of the directions for the application of the GD no. 632/1999.
§
Capitalizing
the assets (technological annexes and buildings.)
The Law no. 5/24.08.1994 regarding the
depreciation of the fixed assets.
§
Fixed
assets disposal.
Water Law no. 107/1996.
§
Regulations
regarding waters.
M.A.P.P.M.
order no. 462/1993 for the approval of the technical conditions regarding air
protection.
§
Air
quality survey.
STAS 12574/1987 Air in protected areas –
quality conditions
§
Air
quality survey.
M.A.P.P.M. Order on. 756.
§
Soil
quality survey.
Regulations regarding the assessment of the air
pollution.
N.T.P.A.
001/1997 and N.T.P.a. 002/1993 regarding the limits of polluting the used
waters.
§
Water
quality survey.
Governmental
Ordinance
no. 118/31.08.1999 regarding the public acquisitions.
§
Establishes
the general framework for awarding the public acquisition contract.
Governmental Decision no. 724/22.08.2000
regarding the public acquisitions.
§
Establishes
rules and regulations for the procedures for awarding the public acquisitions
contracts.
Governmental
Decision no. 725/22.08.2000 regarding the public
acquisitions.
§
Establishes
rules and regulations for the procedures for awarding the public acquisitions
contracts.
Governmental
Decision no. 726/22.08.2000 regarding the public acquisitions.
§
Establishes
rules and regulations for the procedures for awarding the public acquisitions
contracts.
Governmental
Decision no. 727/22.08.2000 regarding the public
acquisitions.
§
Establishes
rules and regulations for the procedures for awarding the public acquisitions
contracts.
Governmental
Decision no. 728/22.08.2000 regarding the public
acquisitions.
§
Establishes
rules and regulations for the procedures for awarding the public acquisitions
contracts.
Governmental
Decision no. 729/22.08.2000 regarding the public
acquisitions.
§
Establishes
rules and regulations for the procedures for awarding the public acquisitions
contracts.
Governmental Ordinance no 33/95 regarding the
management of the reusable wastes
§
Establishes
measures for collecting, recycling and reuse of reusable wastes
Law No. 26/1996 Forestry Code
§
Regulates
the activity in forestry domain.
Law No. 84/1996 Land refurbishing
§
Regulates
the activity in land improvement domain.
Annex X: Land situation
|
No
|
Legal
act for obtaining the land
|
Land
surface
|
Occupied
surface
|
Unoccupied
lands which can be used
|
|
|
|
|
Total,
out of which
|
Agriculture
|
Forest
|
Others
|
Total,
out of which
|
Open
pits
|
Waste
tips
|
Precincts
|
Roads
|
Others
|
Total,
out of which
|
Agriculture
|
Forest
|
Others
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Annex XI: The Risk Assessment Process
Table A
(continued)
