2000 Legislation
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HOUSE BILL NO. 461 – Mine tailing structures, rules

HOUSE BILL NO. 461

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Daily Data Tracking History



H0461.........................................by RESOURCES AND CONSERVATION
MINE TAILING STRUCTURES - Amends existing law to provide for the Water
Resources Board to adopt rules requiring the owner of a mine tailings
impoundment structure to file a plan and a bond or other acceptable surety
in the event of the abandonment of mine tailings impoundment structures.
                                                                        
01/28    House intro - 1st rdg - to printing
01/31    Rpt prt - to Res/Con
02/04    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 67-0-3
      AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr
      Speaker
      NAYS -- None
      Absent and excused -- Alltus, Crow, Kunz
    Floor Sponsor - Barrett
    Title apvd - to Senate
02/09    Senate intro - 1st rdg - to Res/Env
03/23    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Danielson
    Title apvd - to House
04/04    To enrol - rpt enrol - Sp signed
04/05    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 298
         Effective: 07/01/00

Bill Text


 H0461
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 461
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RULES OF THE WATER RESOURCE BOARD GOVERNING MINE  TAILINGS  STRUC-
  3        TURES;  AMENDING  SECTION  42-1714,  IDAHO  CODE, TO PROVIDE FOR THE WATER
  4        RESOURCE BOARD TO ADOPT RULES PROVIDING FOR THE OWNER TO FILE A PLAN AND A
  5        BOND OR OTHER ACCEPTABLE SURETY TO ASSURE ABANDONMENT OF A  MINE  TAILINGS
  6        IMPOUNDMENT  STRUCTURE AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN
  7        EFFECTIVE DATE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 42-1714, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        42-1714.  RULES. AND REGULATIONS. The water resource board shall adopt and
 12    revise  from  time to time such rules and regulations and issue general orders
 13    as may be necessary for  carrying  out  the  provisions  of  sections  42-1710
 14    through  42-1721,  Idaho  Code.  Rules and regulations governing mine tailings
 15    slurry impoundment structures will be prepared within a period not  to  exceed
 16    two (2) years by a committee composed of department of water resources person-
 17    nel  and,  in an advisory capacity, representatives of owners of such impound-
 18    ments The rules governing  mine  tailings  and  impoundment  structures  shall
 19    require  the owner to provide an abandonment plan to assure that the site will
 20    be in a safe maintenance-free condition upon completion of the  mining  opera-
 21    tion. The rules shall also require the owner to provide to the director a bond
 22    or  other  acceptable  surety adequate to complete the abandonment plan if the
 23    owner abandons the site without conforming to the plan. The amount of the bond
 24    shall be determined by the director and shall be established to avoid duplica-
 25    tion with sureties deposited with other governmental agencies. In lieu of  any
 26    surety required hereunder, the owner may deposit cash and governmental securi-
 27    ties  with  the  director in an amount equal to that of the required surety on
 28    conditions as prescribed in the rules.
                                                                        
 29        SECTION 2.  This act shall be in full force and effect on and  after  July
 30    1, 2000.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                           RS09389C1 

The purpose of this legislation is to provide a statutory basis 
for an existing rule. The Mine Tailings Impoundment Structures 
Rules (IDAPA 37.03.05), first adopted in 1978, include a 
requirement for the owner to file an abandonment plan and a bond 
or other surety to provide a means by which a tailings impoundment 
can be placed in a safe maintenance-free condition if the owner 
does not conform to the abandonment plan approved by the Director 
of the Department of Water Resources. Although this rule was written 
and promulgated with the assistance of those involved in the 
mining industry, the courts may find this rule to be invalid 
as not having a statutory basis. Bonds are on file with the 
Department of Water Resources for mine tailing impoundment 
structures built and operated since passage of the rule. The 
amendment to the Safety of Dams Act proposed in this 
legislation will insure that the financial resources are 
available to restore and stabilize a  tailings site if the 
need for state action does occur.

                          FISCAL IMPACT 

This change will not require additional appropriations to 
the Department of Water Resources. However, if the state 
fails to enact legislation to ensure that financial resources 
are available torestore and stabilize a tailings site, the 
state could be faced with funding all or part of the cost of 
taking such an action. 

Contact 
Name: Karl Dreher/Norm Young 
Agency: Department of Water Resources
Phone: 327-7910 

STATEMENT OF PURPOSE/FISCAL NOTE                       H 461