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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 - 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
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