Bill Text: CA SB637 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Suction dredge mining: permits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-09 - Chaptered by Secretary of State. Chapter 680, Statutes of 2015. [SB637 Detail]

Download: California-2015-SB637-Introduced.html

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BILL NUMBER: SB 637	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Allen

                        FEBRUARY 27, 2015

   An act to add Section 13172.5 to the Water Code, relating to water
quality.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 637, as introduced, Allen. Water quality: suction dredge
mining: permits.
   Existing law prohibits the use of any vacuum or suction dredge
equipment by any person in any river, stream, or lake of this state
without a permit issued by the Department of Fish and Wildlife.
   Under existing law, the State Water Resources Control Board and
the California regional water quality control boards prescribe waste
discharge requirements in accordance with the federal Clean Water Act
and the Porter-Cologne Water Quality Control Act (state act). The
state act, with certain exceptions, requires a waste discharger to
file certain information with the appropriate regional board and to
pay an annual fee. The state act additionally requires a person,
before discharging mining waste, to submit to the regional board a
report on the physical and chemical characteristics of the waste that
could affect its potential to cause pollution or contamination and a
report that evaluates the potential of the mining waste discharge to
produce acid mine drainage, the discharge or leaching of heavy
metals, or the release of other hazardous substances.
   This bill would require, by July 1, 2017, the State Water
Resources Control board to establish a permitting process for suction
dredge mining and related mining activities in rivers and streams in
the state, consistent with requirements of the state act. The bill
would require that the regulations, at a minimum, address cumulative
and water quality impacts of specified issues. A person who violates
these regulations would be liable for an unspecified penalty. The
bill would provide that the state board is not prohibited from
adopting regulations that would prohibit suction dredge mining, if
the state board makes a certain finding relating to water quality
objectives, to the extent consistent with federal law. The bill would
prohibit these provisions from affecting any other law, including
the California Environmental Quality Act and specified provisions
relating to streambed alteration requirements.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13172.5 is added to the Water Code, to read:
   13172.5.  (a) On or before July 1, 2017, the state board shall
establish by regulation a permitting process for suction dredge
mining and related mining activities in rivers and streams in the
state. The regulations shall be consistent with the requirements of
this division and, at a minimum, address cumulative and water quality
impacts of each of the following:
   (1) Mercury loading to downstream reaches of rivers and streams
affected by suction dredge mining.
   (2) Methylmercury formation in water bodies.
   (3) Bioaccumulation of mercury in aquatic organisms.
   (b) A person who violates a regulation adopted pursuant to this
section shall be liable in the amount of ____ ($____).
   (c) Nothing in subdivision (a) shall prohibit the state board from
adopting regulations that prohibit suction dredge mining if the
state board finds that prohibition is necessary to regulate waste
discharges that violate or impair water quality objectives or other
criteria under this division, to the extent consistent with federal
law. In making this determination, the state board may consider, but
is not limited to, soil types, fueling and re-fueling activities, and
horsepower limitations.
   (d) This section does not affect any other law, including the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) and the Department of
Fish and Wildlife's streambed alteration requirements described in
Chapter 6 (commencing with Section 1600) of the Fish and Game Code.