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.begin insert 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.end 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.begin insert 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.end insert
This bill wouldbegin delete insteadend delete 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.begin insert This bill would prohibit the department from issuing a permit until the permit application is deemed complete, as prescribed.end insert
Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with thebegin delete federal Cleanend deletebegin insert
Federalend insert Waterbegin insert Pollution Controlend insert 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, thebegin delete State Water Resources Controlend deletebegin insert
stateend insert 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 thebegin delete Department of Fish and Wildlifeend deletebegin insert departmentend insert 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 5653 of the Fish and Game Code is
2amended to read:
(a) The use of a vacuum or suction dredge equipment
4by a person in a river, stream, or lake of this state is prohibited,
5except as authorized under a permit issued to that person by the
6department in compliance with the regulations adopted pursuant
7to Section 5653.9. Before a person uses a vacuum or suction dredge
8equipment in a river, stream, or lake of this state, that person shall
9submit an application for a permit for a vacuum or suction dredge
10to the department, specifying the type and size of equipment to be
11used and other information as the department may require.
12(b) (1) The department shall not issue a permit for a vacuum
13or suction dredge until the permit application is deemed complete.
14A complete permit application shall include copies of all required
15permits, including permits required under the Federal Water
16Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and the Water
17Code, and any other applicable permit required to fully mitigate
18all identified significant environmental impacts pursuant to
19regulations adopted under subdivision (b) of Section 5653.1.
20(2) If the State Water Resources Control Board or the
21appropriate regional water quality control board determines that
22no water quality or water rights permit is necessary for the use of
23a vacuum or suction dredge, a letter stating this determination
24signed by the Executive Director of the State Water Resources
25Control Board, the
executive officer of the appropriate regional
26water quality control board, or their designee shall be part of the
27permit application.
28(3) For the purpose of the Permit Streamlining Act (Chapter
294.5 (commencing with Section 65920) of Division 1 of Title 7 of
30the Government Code), the department shall not deem the permit
31application complete until the applicant submits all necessary
32permits and any required letters to the department as part of the
33permit application.
34(b)
end delete
P4 1begin insert(c)end insert Under the regulations adopted pursuant to Section 5653.9,
2the department shall designate waters or areas wherein vacuum or
3suction dredges may be used pursuant to a permit, waters or areas
4closed to those dredges, the maximum size of those dredges that
5may be used, and the time of year when those dredges may be
6used. If the department determines, pursuant to the regulations
7adopted pursuant to Section 5653.9, that the use of a vacuum or
8suction dredge does not cause any significant effects to fish and
9wildlife, it shall issue a permit to the applicant. If a person operates
10equipment other than that authorized by the permit or conducts
11the operation in any waters or area or at any time that is not
12authorized by the permit, or if any person conducts the operation
13without securing the permit, that person is guilty of a misdemeanor.
14(c)
end delete
15begin insert(d)end insert (1) Except as provided in paragraph (2), the department
16shall issue a permit upon the payment, in the case of a resident, of
17a base fee of twenty-five dollars ($25), as adjusted under Section
18713, when an onsite investigation of the project size is not deemed
19necessary by the department, and a base fee of one hundred thirty
20
dollars ($130), as adjusted under Section 713, when the department
21deems that an onsite investigation is necessary. Except as provided
22in paragraph (2), in the case of a nonresident, the base fee shall be
23one hundred dollars ($100), as adjusted under Section 713, when
24an onsite investigation is not deemed necessary, and a base fee of
25two hundred twenty dollars ($220), as adjusted under Section 713,
26when an onsite investigation is deemed necessary.
27(2) The department may adjust the base fees for a permit
28described in this subdivision to an amount sufficient to cover all
29reasonable costs of the department in regulating suction dredging
30activities.
31(d)
end delete
32begin insert(e)end insert It is unlawful to possess a vacuum or suction dredge in areas,
33or in or within 100 yards of waters, that are closed to the use of
34vacuum or suction dredges.
35(e)
end delete
36begin insert(f)end insert For purposes of this section and Section 5653.1, a suction
37dredge contains any of the following:
38(1) A hose that vacuums sediment from a river, stream, or lake.
39(2) A motorized pump.
40(3) A motorized sluice box.
Section 13172.5 is added to the Water Code, to read:
(a) On or before July 1, 2017, the state board shall
3establish by regulation a permitting process for suction dredge
4mining and related mining activities in rivers and streams in the
5state. The regulations shall be consistent with the requirements of
6this division and, at a minimum, address cumulative and water
7quality impacts of each of the following:
8(1) Mercury loading to downstream reaches of rivers and streams
9affected by suction dredge mining.
10(2) Methylmercury formation in water bodies.
11(3) Bioaccumulation of mercury in aquatic organisms.
12(b) A person who violates a regulation adopted pursuant to this
13section shall be liable in the amount of ____ ($____).
14(c) Nothing in subdivision (a) shall prohibit the state board from
15adopting regulations that prohibit suction dredge mining if the
16state board finds that prohibition is necessary to regulate waste
17discharges that violate or impair water quality objectives or other
18criteria under this division, to the extent consistent with federal
19law. In making this determination, the state board may consider,
20but is not limited to, soil types, fueling and refueling activities,
21and horsepower limitations.
22(d) This section does not affect any other law, including the
23California Environmental Quality Act (Division 13
(commencing
24with Section 21000) of the Public Resources Code) and the
25Department of Fish and Wildlife’s streambed alteration
26requirements described in Chapter 6 (commencing with Section
271600) of the Fish and Game Code.
28(e) For purposes of this section, a suction dredge contains any
29of the following:
30(1) A hose that vacuums sediment from a river, stream, or lake.
31(2) A motorized pump.
32(3) A motorized sluice box.
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