Amended in Senate April 22, 2015

Senate Bill No. 637

Introduced by Senator Allen

February 27, 2015

An act to begin insert amend Section 5653 of the Fish and Game Code, and to end insert add Section 13172.5 to the Water Code, relating to begin delete water quality end delete begin insert dredging end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 637, as amended, Allen. begin delete Water quality: suction end delete begin insert Suction end insert 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. begin insert 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. end insert

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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.

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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.

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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 and for purposes of the permitting process established by the state board.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 5653 of the end insert begin insert Fish and Game Code end insert begin insert is
amended to read: end insert

5653.  

(a) The use of begin delete any end delete begin insert a end insert vacuum or suction dredge
equipment by begin delete any end delete begin insert a end insert person in begin delete any end delete begin insert a end insert 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 begin delete any end delete begin insert a end insert person uses begin delete any end delete
begin insert a end insert vacuum or suction dredge equipment in begin delete any end delete begin insert a end insert 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) 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 begin delete operation will not be
deleterious to fish end delete begin insert use of a vacuum or suction dredge does not
cause any significant effects to fish and wildlife end insert , it shall issue a
permit to the applicant. If begin delete any end delete begin insert a end insert person operates begin delete any end delete 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)  begin delete The end delete begin insert (1) end insert begin insert   end insert begin insert Except as provided in paragraph (2), the end insert 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. begin delete In end delete begin insert Except as
provided in paragraph (2), in end insert 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.

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(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.

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(d) 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.

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(e) For purposes of this section and Section 5653.1, a suction
dredge contains any of the following:

end insert begin insert

(1) A hose that vacuums sediment from a river, stream, or lake.

end insert begin insert

(2) A motorized pump.

end insert begin insert

(3) A motorized sluice box.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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.

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(e) For purposes of this section, a suction dredge contains any
of the following:

end insert begin insert

(1) A hose that vacuums sediment from a river, stream, or lake.

end insert begin insert

(2) A motorized pump.

end insert begin insert

(3) A motorized sluice box.

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