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

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-Amended.html

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BILL NUMBER: SB 637	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2015
	AMENDED IN SENATE  APRIL 22, 2015

INTRODUCED BY   Senator Allen

                        FEBRUARY 27, 2015

   An act to amend Section 5653 of the Fish and Game Code, and to add
Section 13172.5 to the Water Code, relating to dredging.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 637, as amended, Allen. 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. 
Existing law requires, before any person uses any vacuum or suction
dredge equipment in any river, stream, or lake of this state, that
person to submit an application for a permit for a vacuum or suction
dredge to the department specifying certain information. 
Existing law requires the department to issue a permit, if the
department determines that the use of a vacuum or suction dredge will
not be deleterious to fish, upon the payment of a specified fee.
 Existing law designates the issuance of permits to  
operate vacuum or suction dredge equipment to be a project under the
California Environmental Quality Act and suspends the issuance of
permits and mining pursuant to a permit until the department has
completed an environmental impact report for the project as ordered
by the court in a specified court action. Existing law prohibits the
use of any vacuum or suction dredge equipment in any river, stream,
or lake of this state until the Director of Fish and Wildlife makes a
prescribed certification to the Secretary of State, including
certifying that new regulations fully mitigate all identified
significant environmental impacts and that a fee structure is in
place that will fully cover all costs to the department related to
the administration of the program. 
   This bill would  instead  require the department
to issue a permit if the department determines that the use does not
cause any significant effects on fish and wildlife and would
authorize the department to adjust the specified fee to an amount
sufficient to cover all reasonable costs of the department in
regulating suction dredging activities.  This bill would prohibit
the department from issuing a permit until the permit application is
deemed complete, as prescribed. 
   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
  Federal  Water  Pollution Control  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   state  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.
   The bill would specify that a suction dredge contains any of
specified components for purposes of permits issued by the 
Department of Fish and Wildlife   department  and
for purposes of the permitting process established by the state
board.
   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 5653 of the Fish and Game Code is amended to
read:
   5653.  (a) The use of a vacuum or suction dredge equipment by a
person in a river, stream, or lake of this state is prohibited,
except as authorized under a permit issued to that person by the
department in compliance with the regulations adopted pursuant to
Section 5653.9. Before a person uses a vacuum or suction dredge
equipment in a river, stream, or lake of this state, that person
shall submit an application for a permit for a vacuum or suction
dredge to the department, specifying the type and size of equipment
to be used and other information as the department may require. 
   (b) (1) The department shall not issue a permit for a vacuum or
suction dredge until the permit application is deemed complete. A
complete permit application shall include copies of all required
permits, including permits required under the Federal Water Pollution
Control Act (33 U.S.C. Sec. 1251 et seq.) and the Water Code, and
any other applicable permit required to fully mitigate all identified
significant environmental impacts pursuant to regulations adopted
under subdivision (b) of Section 5653.1.  
   (2) If the State Water Resources Control Board or the appropriate
regional water quality control board determines that no water quality
or water rights permit is necessary for the use of a vacuum or
suction dredge, a letter stating this determination signed by the
Executive Director of the State Water Resources Control Board, the
executive officer of the appropriate regional water quality control
board, or their designee shall be part of the permit application.
 
   (3) For the purpose of the Permit Streamlining Act (Chapter 4.5
(commencing with Section 65920) of Division 1 of Title 7 of the
Government Code), the department shall not deem the permit
application complete until the applicant submits all necessary
permits and any required letters to the department as part of the
permit application.  
   (b) 
    (c)  Under the regulations adopted pursuant to Section
5653.9, the department shall designate waters or areas wherein vacuum
or suction dredges may be used pursuant to a permit, waters or areas
closed to those dredges, the maximum size of those dredges that may
be used, and the time of year when those dredges may be used. If the
department determines, pursuant to the regulations adopted pursuant
to Section 5653.9, that the use of a vacuum or suction dredge does
not cause any significant effects to fish and wildlife, it shall
issue a permit to the applicant. If a person operates equipment other
than that authorized by the permit or conducts the operation in any
waters or area or at any time that is not authorized by the permit,
or if any person conducts the operation without securing the permit,
that person is guilty of a misdemeanor. 
   (c) 
    (d)  (1) Except as provided in paragraph (2), the
department shall issue a permit upon the payment, in the case of a
resident, of a base fee of twenty-five dollars ($25), as adjusted
under Section 713, when an onsite investigation of the project size
is not deemed necessary by the department, and a base fee of one
hundred thirty dollars ($130), as adjusted under Section 713, when
the department deems that an onsite investigation is necessary.
Except as provided in paragraph (2), in the case of a nonresident,
the base fee shall be one hundred dollars ($100), as adjusted under
Section 713, when an onsite investigation is not deemed necessary,
and a base fee of two hundred twenty dollars ($220), as adjusted
under Section 713, when an onsite investigation is deemed necessary.
   (2) The department may adjust the base fees for a permit described
in this subdivision to an amount sufficient to cover all reasonable
costs of the department in regulating suction dredging activities.

   (d) 
    (e)  It is unlawful to possess a vacuum or suction
dredge in areas, or in or within 100 yards of waters, that are closed
to the use of vacuum or suction dredges. 
   (e) 
    (f)  For purposes of this section and Section 5653.1, a
suction dredge contains any of the following:
   (1) A hose that vacuums sediment from a river, stream, or lake.
   (2) A motorized pump.
   (3) A motorized sluice box.
  SEC. 2.  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 refueling 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.
   (e) For purposes of this section, a suction dredge contains any of
the following:
   (1) A hose that vacuums sediment from a river, stream, or lake.
   (2) A motorized pump.
   (3) A motorized sluice box.