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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
H0461|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 rulesand regulations and issue general orders13 as may be necessary for carrying out the provisions of sections 42-1710 14 through 42-1721, Idaho Code.Rules and regulations governing mine tailings15slurry impoundment structures will be prepared within a period not to exceed16two (2) years by a committee composed of department of water resources person-17nel and, in an advisory capacity, representatives of owners of such impound-18mentsThe 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 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