2004 Legislation
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HOUSE BILL NO. 592 – Dams/mine tailing structure/inspect

HOUSE BILL NO. 592

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Bill Status



H0592.........................................by RESOURCES AND CONSERVATION
DAMS -  MINE TAILINGS IMPOUNDMENT STRUCTURES - Amends existing law to
provide that all dams or mine tailings impoundment structures regulated by
the Department of Water Resources shall be inspected at least once every
five years.
                                                                        
01/30    House intro - 1st rdg - to printing
02/02    Rpt prt - to Res/Con
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 61-0-9
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black,
      Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Cuddy, Deal,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk,
      Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Trail(Bennett), Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Campbell, Crow, Henbest, Lake, Ring,
      Roberts, Shirley, Wood
    Floor Sponsor - Jones
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Res/Env
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 29-1-5
      AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Cameron, Compton,
      Darrington, Davis, Geddes, Goedde, Hill, Ingram, Kennedy, Keough,
      Little, Lodge, Malepeai, Marley, McKenzie, Noble, Noh, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- Calabretta
      Absent and excused -- Brandt, Burkett, Gannon, McWilliams, Pearce
    Floor Sponsor - Burtenshaw
    Title apvd - to House
03/19    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 168
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 592
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WATER STORAGE AND MINE TAILINGS DAMS;  AMENDING  SECTION  42-1717,
  3        IDAHO  CODE,  TO PROVIDE THAT ALL DAMS OR MINE TAILINGS IMPOUNDMENT STRUC-
  4        TURES REGULATED BY THE DEPARTMENT OF WATER RESOURCES SHALL BE INSPECTED AT
  5        LEAST ONCE EVERY FIVE YEARS AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 42-1717, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        42-1717.  JURISDICTION  OVER  SUPERVISION  OF  MAINTENANCE,  OPERATION AND
 10    INSPECTION OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES. Supervision  over
 11    the  maintenance  and operation of dams, reservoirs and mine tailings impound-
 12    ment structures insofar as necessary  to  safeguard  life  and  property  from
 13    injury  by  reason  of  the  failure  thereof is vested in the director of the
 14    department of water resources. The director shall at state expense inspect  or
 15    cause  to  be  inspected,  as often as he thinks advisable, every dam used for
 16    holding water and mine tailings impoundment structure used for  holding  tail-
 17    ings  slurry  in  this  state;  however,  all dams twenty (20) feet or more in
 18    height or mine tailings impoundment structures more than thirty (30)  feet  in
 19    height  regulated by the department shall be inspected at least once every two
 20    (2) five (5) years, and if after any such inspection such dam or mine tailings
 21    impoundment structure, in the opinion of the director, is unsafe, and life  or
 22    property  liable  to  be endangered by reason thereof, the director shall give
 23    written notice and order by certified mail or by  personal  service  upon  the
 24    owner  or  owners  to remove or repair the same so as to make it safe. If such
 25    owner or owners shall neglect or refuse to remove or  repair  the  same  after
 26    notice  to that effect has been given in writing by the director, the director
 27    may draw off all or part of such water from behind  such  dam,  embankment  or
 28    mine  tailings slurry from behind mine tailings impoundment structure and keep
 29    said water or mine tailings slurry drawn off until such  time  as  the  orders
 30    shall be complied with. In determining whether or not a dam, reservoir or mine
 31    tailings  impoundment  structure  or  proposed dam, reservoir or mine tailings
 32    impoundment structure constitutes or would constitute  a  danger  to  life  or
 33    property,  the director shall take into consideration the possibility that the
 34    dam, reservoir or mine tailings impoundment structure might be  endangered  by
 35    overtopping,  seepage,  settlement, erosion, cracking, earth movement or other
 36    conditions which exist or might occur in any area in the vicinity of the  dam,
 37    reservoir or mine tailings impoundment structure.
 38        No  action  shall  be brought against the state, the water resource board,
 39    the director, or the department of water resources or their respective  agents
 40    or  employees for the recovery of damages caused by the partial or total fail-
 41    ure of any dam, reservoir or mine tailings impoundment  structure  or  through
 42    the  operation  of  any  dam, reservoir or mine tailings impoundment structure
 43    upon the ground that such defendant is liable by virtue of any of the  follow-
                                                                        
                                           2
                                                                        
  1    ing:
  2        (a)  The  approval  of  the  dam,  reservoir  or mine tailings impoundment
  3    structure.
  4        (b)  The issuance or enforcement of  orders  relative  to  maintenance  or
  5    operation of the dam, reservoir or mine tailings impoundment structure.
  6        (c)  Control  and  regulation  of  the  dam,  reservoir  or  mine tailings
  7    impoundment structure.
  8        (d)  Measures taken to protect against failure during an emergency.
  9        (e)  The use of design and construction criteria prepared by  the  depart-
 10    ment.
 11        (f)  The  failure to issue or enforce orders, to control or regulate dams,
 12    or to take measures to protect against dam failure.
 13        No action shall be brought by the state against the  owner  for  pollution
 14    which  may  occur  in  the event that the director orders emergency dumping or
 15    bypassing.
 16        Nothing in this part shall be construed to relieve an owner or operator of
 17    a dam, reservoir or mine tailings impoundment structure of the  legal  duties,
 18    obligations  or liabilities incident to the ownership or operation of the dam,
 19    reservoir or mine tailings impoundment structure.
 20        The findings and orders of the director and the certificate of approval of
 21    any dam, reservoir or mine tailings impoundment structure issued by the direc-
 22    tor are final and conclusive and binding upon all state  agencies,  regulatory
 23    or otherwise, as to the safety of design, construction, maintenance and opera-
 24    tion of any dam, reservoir or mine tailings impoundment structure.
 25        The  director  may  require  owners  to keep records of, and to report on,
 26    maintenance, operation, staffing and engineering and geologic  investigations,
 27    and  the water resource board shall issue such rules and regulations as neces-
 28    sary to secure maintenance and operation and to require staffing and engineer-
 29    ing and geologic investigations which will safeguard  life  and  property.  In
 30    addition, the owner of a dam, reservoir or mine tailings impoundment structure
 31    or  his  agent shall fully and promptly advise the department of any sudden or
 32    unprecedented flood or unusual or alarming circumstance or occurrence  affect-
 33    ing  the  safety of the dam, reservoir or mine tailings impoundment structure.
 34    The director, from time to time, shall make inspections  of  dams,  reservoirs
 35    and  mine  tailings impoundment structures at state expense for the purpose of
 36    determining their safety, but shall require owners to perform at their expense
 37    such work as necessary to disclose information sufficient to enable the direc-
 38    tor to determine conditions of dams, reservoirs, and mine tailings impoundment
 39    structures in regard to their safety and to perform  at  their  expense  other
 40    work  necessary  to secure maintenance and operation which will safeguard life
 41    and property.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 13460
The purpose of this legislation is to amend Section 42-1717, Idaho
Code, to modify the maximum length of time between inspections of
water storage and mine tailings dams.  This legislation will allow
inspections to be performed at federally-owned and federally-
regulated dams on cycles that match current standard practice at
those types of facilities.  The amending language will also include
water storage dams between 10 and 20 feet in height that currently
do not have a specified inspection frequency, but which are
currently being routinely inspected on a periodic basis.



                         FISCAL  IMPACT
Enactment of this legislation would result in more efficient use of
a portion of the Department's general fund appropriations.  No
other state or local funds would be affected.



CONTACT   
Name:     Karl J. Dreher
Agency:   Department of Water Resources
Phone:    (208) 327-7910

Statement of Purpose/Fiscal Impact                  H 592