On August 12, 2019, the National Mining Agency (“ANM”) published Resolution No. 13 (“ANM Resolution 13/19”) in the DOU – Official Gazette of the Union, which establishes new regulatory measures to ensure the stability of mining dams. The text replaces the ANM Resolution 04/2019, published in February this year, and changes provisions of the DNPM Ordinance No. 70.389/17.
Playing some devices from ANM Resolution 04/2019 (notably provisions that prohibit the use of the dam raising method “upstream” throughout the national territory and the maintenance or installation of certain structures in the Self-Rescue Zone – “ZAS”), Resolution ANM 13/19 promotes relevant regulatory changes. The following stand out among them: (I) specification of which structures should be deactivated or removed from the ZAS and (Ii) extension of deadlines for entrepreneurs to fulfill their obligations.
Below is a table summarizing the new deadlines, according to each obligation:
Dams raised using the “upstream” or by an unknown method that are in operation on the date of entry into force of Resolution ANM 13/19 may remain active until September 15, 2021, provided that the executive technical project to de-characterize the structure expressly guarantees the stability and safety of operations , including while the works and actions provided for therein are carried out.
In turn, to drained piles constructed through hydraulic disposal of tailings and which are susceptible to liquefaction as defined by the designer, the same obligations attributed to dams apply.”upstream” provided for in the new Resolution and in the DNPM Ordinance No. 70.389/17. These structures must be registered in the SIGBM – Integrated Mining Dam Safety Management System by October 12, 2019.
Concerning DNPM Ordinance No. 70.389/17, the Resolution modified the wording of articles 2, 7, 9, 15, 22 and 46 to introduce new rules for the decharacterization, reuse and monitoring of dams, as well as penalties for non-compliance with the obligations set out in the Ordinance. It also began to require that the DCE – Declaration of Condition of Stability of the dam also be signed by the most authoritative individual in the hierarchy of the company that owns the dam.
Resolution ANM 13/19 must be evaluated within 05 years after its entry into force, based on the premise of safety and sustainable development of mining.
Visit here Resolution ANM 13/19.