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CYANIDE REGULATIONS . The state BLM office pre-
pares a cyanide management plan before permits are issued to mine applicants. Another reoccurring theme is that the closure operations should not allow any residual cyanide problems. Nevada leads the way in conforming to BLM's cyanide containment policy. Nevada's Bureau of Mining Regulation and Reclamation's policy is set out in "Preparation Requirements and Guidelines for Permanent Closure Plans and Final Closure Reports" (NRS 445A). It applies to all mines on any property. It pri- marily ensures that waters of the state are not degraded after mining operations have ceased. BLM will not consider approval of mine closure without a satisfactory closure report. For individual sources nearing clo- sure, all heap leaching pads and tailing impoundments must be neutralized; prior detoxification historic chemical use and materials characterization must be detailed in a closure report.
In the U.S., Montana currently has the only state-wide complete ban on the use of cyanide heap-leach processes, and pro- hibits any new open-pit gold or silver mines. Only open-pit mining operations with a valid permit before November, 1998 are exempted. This ban is in place as a result of Citizens Initiative 137 (I-137), enacted in 1998. This ban remains in effect. The cyanide ban stopped the Canyon Resources Seven-up Pete project—a pro- posed gold mine that could have been worth $10 billion today. Canyon Re- sources tried unsuccessfully to overturn the Montana law in court. The argument on the part of Canyon Resources was that the ban in effect worked an unconstitutional and uncompensated taking of its property. One day the project was worth $3 billion and the next day, after the ban, it is worthless. Montana Senate Bill 306, vetoed by the governor May 12, 2011, would have amended the 1998 cyanide ban to allow any new or existing open-pit mine to process its ore at cyanide leach operations that existed in 1998, and which were exempted from the ban. There are only two such exempted facilities in the state, nei- ther of which has much additional capaci- ty to leach imported ore. SB 306 would have also allowed for the development of new open-pit gold and silver mines. Montana has gold and it could benefit from the jobs and revenue that gold mining would bring. The state seems to be trying to strike a balance between those who
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oppose cyanide at all costs—those who believe no matter how carefully it is used, it will harm the environment—and those that realize that, if it's carefully monitored and regulated, cyanide can be used in an effective, environmentally safe, and cost efficient manner.
The Idaho Surface Mining Act of 1971, effective as of 2005, requires any mining operation using cyanidation facilities to pro- vide financial assurance. Cyanidation facil- ity operators may be required to provide up to $5 million in financial assurance. An even greater amount of financial assurance may be required if the Idaho Board of Land Commissioners deems it necessary. The Act also ensures that all approved cyanide clo- sure activities protect the soil and ground- water at and surrounding the site. Essentially Idaho is primarily concerned with closure activities. Its Mining Act is designed ensure that enough financial assurances exist to pay for any cleanup, so the state and taxpayers are not left high and dry, which was the case in Colorado with the Summitville cyanide disaster. Galactic Resources' Summitville mine in Colorado, which should probably not have been permitted in the first place, was not followed carefully by state regulators.
The International Cyanide Management Code is a voluntary initiative for the gold mining industry and the producers and transporters of the cyanide used in gold mining. It is intended to complement an operation's existing regulatory require- ments. Compliance with the rules, regula- tions and laws of the applicable political jurisdiction is necessary; this code is not intended to contravene such laws. The Code focuses exclusively on the safe management of cyanide that is pro- duced, transported and used for the recov- ery of gold, and on cyanidation mill tailings and leach solutions. The Code originally was developed for gold mining operations, and addresses production, transport, stor- age and use of cyanide, and the decom- missioning of cyanide facilities. It also includes requirements related to financial assurance, accident prevention, emergency response, training, public reporting, stake- holder involvement and verification proce- dures. Cyanide producers and transporters are subject to the applicable portions of the Code identified in their respective. It does not address all safety or envi- ronmental activities that may be present at
In 1991, it produced a high country disas- ter and destroyed a large stretch of the Alamosa River, when 85,000 gallons of cyanide-laced water leaked through dam- aged leach pad liners. Summitville seared into the consciousness of Colorado and Montana that cyanide produces disasters. The I-137 ban on cyanide in Montana was influenced in large part by the Summitville disaster in Colorado.
Oregon is the only state that has devel- oped a specific regulatory program for cyanide leaching operations and facilities. It is carried out by the state's Department of Environmental Quality (DEQ). Oregon has an extensive regulatory plan for cyanide, but no mines.
The U.S. federal government has laws that, at most, indirectly regulate cyanide when used in mining operations. There is no federal anti-cyanide statute for mining. Federal statutes that will affect the use of cyanide include the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Federal Land Policy Manage- ment Act (FLPMA) and the National Forest Management Act. Those are the five statutes that will be used by litigators to challenge cyanide operations on federal
International Cyanide Management Code
gold mining operations such as the design and construction of tailings impoundments or long-term closure and rehabilitation of mining operations.
As it applies to gold mining operations, the Code is comprised of two major ele- ments. The Principles broadly state com- mitments that signatories make to manage cyanide in a responsible manner. Stand- ards of Practice follow each Principle, identifying the performance goals and objectives that must be met to comply with the Principle. The Principles and Practices applicable to cyanide production and transportation operations are included in their respective Verification Protocols. Operations are certified as being in com- pliance with the Code upon an independ- ent third-party audit verifying they meet the Standards of Practice, Production Practice or Transport Practice. www.cyanidecode.org
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from a 24-hour storm with a 100-year reoc- currence interval
