CC - Item IV.CC-E - Surgace Mining And ReclamationTO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGE~~
DATE: JANUARY 17, 2000
RE: SB 244 (SOLIS) - SURFACE MIMING AND RECLAMATION - SUPPORT
Attached for the City Council's review is a copy of SB 244 (Solis), current bill status, complete bill
history, and a letter from Irwindale's city manager requesting Rosemead's support of the measure.
The existing Surface Mining And Reclamation Act (SMARA) law mandates a local lead agency
adopt an ordinance to regulate mining in its jurisdiction. Existing law requires the ordinance be
"certified" by the State Mining Board, and allows such an ordinance to be more stringent than
existing state mining policy. State mining law does not specifically address impacts on groundwater.
SB 244 will (1) mandate inclusion of procedures in a reclamation plan to insure monitoring and
mitigation of groundwater impacts due to mining or reclamation; (2) include in a reclamation
plan identification of procedures to monitor air, water and soil; (3) and strengthen existing law to
ensure local government, acting as lead agency under SMARA, has the ability to enact
ordinances more stringent than SMARA. SB 244 was scheduled to be heard next by the Senate
Natural Resources and Wildlife Committee on January 18, 2000. Despite the amendments to the
bill, opposition from the mining industry has not been removed. A copy of supporters and
opposition is attached.
RECOMMENDATION:
It is recommended that the City Council support SB 244 (Solis) and authorize the Mayor to forward
the appropriate correspondence.
JAN 2 5 2000
J~• -E
ITEM No.
Staf epor
SUPPORT
OPPOSITION
City of Irwindale (sponsor)
California Mining Association
League of California Cities
California Cement Manufacturers Environmental
Coalition
Association of California Water Agencies
California Manufacturers Association
National Audubon Society
Construction Materials Association of California
Sierra Club
California State Association of Counties
City of Claremont
U.S. Borax Inc.
City of El Monte
California Portland Cement Company
of La Puente
Asphalt Inc., General Engineering Contractors
Dicalite Minerals Corp.
Santa Fe Aggregates Inc.
TXI Riverside Cement
Mitsubishi Cement Corporation
Teichert Aggregates
Southern California Rock Products Association
Southern California Read Mixed Concrete Association
Raisch Products
Los Banos Gravel Group
Triangle Rock Products
Calaveras Materials Inc.
Pack-way Materials, Inc.
DSS Engineering Contractors
West Coast Aggregates
San Diego Rock Products Association
Kaweah River Rock Co., Inc.
Lemoncove Granite Pit
RMC Pacific Materials, Inc.
Stony Point Rock Quarry, Inc.
Granite Construction Company
California Dump Truck Owners Association
Golden Queen Mining Co., Inc.
Brubaker-Mann, Inc.
Chemical Lime
Clorox
Glamis Rand Mining Company
Glamis Imperial Corp.
KCAC, Inc.
LAC Minerals (USA) Inc.
Lassen Gold Mining, Inc.
MK Gold Company
Ralston Purina Company, Golden Products Division
Rheox
Viceroy Gold Corporation
Vulcan Materials, CalMat Division
CURRENT BILL STATUS
MEASURE : S.B. No. 244
AUTHOR(S) Solis.
TOPIC Surface mining and reclamation.
HOUSE LOCATION SEN
+LAST AMENDED DATE 0111412000
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 01/14/2000
LAST HIST. ACTION From committee with author's amendments. Read second
time. Amended. Re-referred to committee.
COMM. LOCATION SEN NATURAL RESOURCES AND WILDLIFE
COMM. ACTION DATE 01/11/2000
COMM. ACTION Author's amendments.
TITLE An act to amend Sections 2772, 2773.1, and 2774 of, and
to add Section 2770.6 to, the Public Resources Code,
relating to surface mining.
COMPLETE BILL HISTORY
BILL NUMBER : S.B. No. 244
AUTHOR Solis
TOPIC Surface mining and reclamation.
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
BILL HISTORY
2000
Jan. 14 From committee with author's amendments. Read second time.
Amended. Re-referred to committee.
Jan. 13 Set for hearing January 18.
Jan. 13 Joint Rule 61(b)(1) suspended.
Jan. 11 Testimony taken. Hearing postponed by committee.
Jan. 4 From committee with author's amendments. Read second time.
Amended. Re-referred to committee.
1999
Dec. 22 Set for hearing January 11.
Apr. 7 Set, second hearing. Hearing canceled at the request of author.
Apr. S Set for hearing April 13.
Mar. 17 Set, first hearing. Hearing canceled at the request of author.
Mar. 11 Set for hearing March 23.
Feb. 3 To Com. on N.R. & W.
Jan. 27 From print. May be acted upon on or after February 26.
Jan. 26 Introduced. Read first time. To Com. on RLS. for assignment. To
print.
AMENDED IN SENATE JANUARY 14, 2000
AMENDED IN SENATE JANUARY 4, 2000
SENATE BILL No. 244
Introduced by Senator Solis
January 26, 1999
An act to amend Sections 2758, 2764, fn`'
27q4.1 ° and to add Sections 7736 and 2772, 2773.1, and 2774
Of and to add Section 2770.6 to, the Public Resources Code,
relating to surface mining.
LEGISLATIVE COUNSEL'S DIGEST
SB 244, as amended, Solis. Surface mining and
reclamation.
Existing law, the Surface Mining and Reclamation Act of
1975, governs surface mining operations and the reclamation
of mined lands and provides, among other things, for the
submission of reclamation plans to, and issuance of permits by,
lead agencies to persons engaging in surface mining
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SB 244 -2-
The
This bill would revise certain procedures for the submission
and review of reclamation plans by a lead agency, as
prescribed, and would additionally require the lead agency to
notify, and provide copies of an application to conduct surface
mining operations or an application for the approval of a
reclamation plan to, the State Water Resources Control
Board; and the appropriate California regional water quality
control board of surface mining operations that may impact
groundwater quality, as prescribed. The bill would authorize
By
imposing new duties on lead agencies with regard to the
review and approval of surface mining reclamation plans, the
bill would impose a state-mandated local program.
The existing act requires lead agencies to require specified
types of financial assurances of each surface mining operation
to ensure that reclamation is performed in accordance with
the surface mining operation's approved reclamation plan,
which the lead agency reasonably determines are adequate to
pefferm complete reclamation in accordance with the
surface mining operation's approved reclamation plan. The
act requires that the amount of financial assurances required
of a surface mining operation for any one year be adjusted
annually to account for new lands disturbed by surface mining
operations, inflation, and reclamation of lands accomplished
in accordance with the approved reclamation plan.
This bill would, instead, require that those speeified types
of all portions of the subjeet mined lands the amount of
financial assurances required of a mining operation for any
one year, which shall be in amount not less than that required
to ensure reclamation is completed in compliance with the
act, be adjusted annually to account for new lands disturbed
by surface mining operations, inflation, and reclamation of
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lands accomplished in accordance with the approved
reclamation plan.
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required
by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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FGTIGr1-~eefien 2736 is added the Pidblie
msetrreery Cod" to read!
a7-36- "Usable -eenditie
alternative land useg" means a eandifien of land that will
verrf~t - the-eensWaetien of pefmattent buildings
to the eenfiguration that existed belere mintng
needed for the--mined ~lands te-be -usable ` _ alto nati e
land uses.
SEE- 2. Seetien 2754 of the n blie Rene trees E9de-13
.-I p-ent and fu re eendifiert of mined lands, and shail
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-77i.
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SEG. S.
SECTION 1. Section 2770.6 is added to the Public
Resources Code, to read:
2770.6. (a) Wherever surface mining operations are
proposed that may penetrate the groundwater, and
whenever proposed reclamation
activities
may
impact
groundwater quality, the lead
agency
reviewing an
application to conduct surface
mining
operations, or
reviewing an application for
the approval
of a
reclamation plan, shall notify and
provide
copies
of the
subject application to the State Water Resources
Control
Board, the appropriate California
regional
water
quality
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control board, and any water master for the groundwater
recharge basin.
(b) Each agency shall have 43 30 days to review and
comment on the proposed surface mining operation and
the adoption of any reclamation plan therefor. Each
agency shall comment on the current groundwater
quality and the potential impacts to water quality that
may result from the mining operations and the proposed
reclamation plan, and shall recommend methods and
procedures to protect groundwater quality and prevent
groundwater degradation. Each agency shall also
comment on the proposed mining activities, including
the conduct of excavation and backfilling operations in
contact with groundwater, and the impact of any
proposed alternative land uses on groundwater quality.
the r-eelwnatien plan. Where the proposed
surface mining operations or reclamation plan will
impact the groundwater, the lead agency shall not
approve the reclamation plan without imposing
appropriate conditions to minimize and mitigate the
impact of the activities on groundwater.
SEG 6.
SEC. 2. Section 2772 of the Public Resources Code is
amended to read:
2772. (a) The reclamation plan shall be filed with the
lead agency, on a form provided by the lead agency, by
any person who owns, leases, or otherwise controls or
operates on all, or any portion of any, mined lands, and
who plans to conduct surface mining operations on the
lands.
(b) All documentation for the reclamation plan shall
be submitted by the lead agency to the department at one
time.
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1 (c) The reclamation plan shall include all of the
2 following information and documents:
3 (1) The name and address of the surface mining
4 operator and the names and addresses of any persons
5 designated by the operator as an agent for the service of
6 process.
7 (2) The anticipated quantity and type of minerals for
8 which the surface mining operation is to be conducted.
9 (3) The proposed dates for the initiation and
10 termination of surface mining operation.
11 (4) The maximum anticipated depth of the surface
12 mining operation.
13 (5) The size and legal description of the lands that will
14 be affected by the surface mining operation, a map that
15 includes the boundaries and topographic details of the
16 lands, a description of the general geology of the area, a
17 detailed description of the geology of the area in which
18 surface mining is to be conducted, the location of all
19 streams, roads, railroads, and utility facilities within, or
20 adjacent to, the lands, the location of all proposed access
21 roads to be constructed in conducting the surface mining
22 operation, and the names and addresses of the owners of
23 all surface interests and mineral interests in the lands.
24 (6) A description of, and a plan for, the type of surface
25 mining to be employed, and a time schedule that will
26 provide for the completion of surface mining on each
27 segment of the mined lands so that reclamation can be
28 initiated at the earliest possible time on those portions of
29 the mined lands that will not be subject to further
30 disturbance by the surface mining operation.
31 (7) A description of the proposed use or potential uses
32 of the mined lands after reclamation and evidence that all
33 owners of a possessory interest in the land have been
34 notified of the proposed use or potential uses.
35 (8) A description of the manner in which reclamation,
36 adequate for the proposed use or potential uses will be
37 accomplished, including both of the following:
38 (A) A description of the manner in which
39 contaminants will be controlled, and mining waste will be
40 disposed.
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SB 244 -8
1 (B) A description of the manner in which affected
2 streambed channels and streambanks will be
3 rehabilitated to a condition minimizing erosion and
4 sedimentation will occur.
5 (9) An assessment of the effect of implementation of
6 the reclamation plan on future mining in the area.
7 (10) A description of any programs necessary to
8 monitor the effects of mining and reclamation operations
9 on air, water, and soil quality, on the surrounding area,
10 backfill characteristics, geologic conditions, slope
11 stability, and similar environmental conditions.
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22 of eel tier, ehanges - in the 6%, under. whieh
23 reelenatiea- is eanied - ut, er other nditi ns of eting
24 reelemation.
25 {q-3)
26 (11) A statement that the person submitting the
27 reclamation plan accepts responsibility for reclaiming the
28 mined lands in accordance with the reclamation plan.
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30 (12) Any other information which the lead agency
31 may require by ordinance.
32 (d) An item of information or a document required
33 pursuant to subdivision (c) that has already been
34 prepared as part of a permit application for the surface
35 mining operation, or as part of an environmental
36 document prepared for the project pursuant to Division
37 13 (commencing with Section 21000), may be included in
38 the reclamation plan by reference, if that item of
39 information or that document is attached to the
40 reclamation plan when the lead agency submits the
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reclamation plan to the director for review. To the extent
that the information or document referenced in the
reclamation plan is used to meet the requirements of
subdivision (c), the information or document shall
become part of the reclamation plan and shall be subject
to all other requirements of this article.
(e) Nothing in this section is intended to limit or
expand the department's authority or responsibility to
review a document in accordance with Division 13
(commencing with Section 21000).
,sir-G 4. Section-2 73 of ` the i ublie Resvstrees-Gode--is
amended to rea+
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ef:asia reentr-4:
SB 244
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plamed or ftetual subsequent tise or uses of the mining
eite:
(e) The reelamation plan may be reviewed evefy fi-ve
years by the lead ageney. Any queh feview shall be
be de
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p
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a
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fne
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,
r,remadq of ree}einatiens, l
aws, e
r thee: nditionn
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revisions ie these plans are aeeessai~,, it shall eenduet a-
publie hearing en the propeged reyigions. The lead
reelamation.
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by the operator, aftd shall not fnedify the reelamation
SECS.
SEC. 3. Section 2773.1 of the Public Resources Code
is amended to read:
2773.1. (a) Lead agencies shall require financial
assurances of each surface mining operation to ensure
reclamation is performed in accordance with the surface
mining operation's approved reclamation plan, as follows:
(1) Financial assurances may take the form of surety
bonds executed by an admitted surety insurer, as defined
in subdivision (a) of Section 995.120 of the Code of Civil
Procedure, irrevocable letters of credit, trust funds, or
other forms of financial assurances specified by the board
pursuant to subdivision (e), which the lead agency
reasonably determines are adequate to complete
reclamation in accordance with the surface mining
operation's approved reclamation plan.
(2) The financial assurances shall remain in effect for
the duration of the surface mining operation and any
additional period until reclamation is completed.
(3) The amount of financial assurances required of a
surface mining operation for any one year, which shall be
in an amount not less than that required to ensure
reclamation is completed in compliance with this
chapter, shall be adjusted annually to account for new
lands disturbed by sutfaee , ehanges
surface mining
operations, inflation, and reclamation of lands
accomplished in accordance with the approved
reclamation plan.
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1 (4) The financial assurances shall be made payable to
2 the lead agency and the department. Financial
3 assurances that were approved by the lead agency prior
4 to January 1, 1993, and were made payable to the State
5 Geologist shall be considered payable to the department
6 for purposes of this chapter. However, if a surface mining
7 operation has received approval of its financial assurances
8 from a public agency other than the lead agency, the lead
9 agency shall deem those financial assurances adequate for
10 purposes of this section, or shall credit them toward
11 fulfillment of the financial assurances required by this
12 section, if they are made payable to the public agency, the
13 lead agency, and the department and otherwise meet the
14 requirements of this section. In any event, if a lead agency
15 and one or more public agencies exercise jurisdiction
16 over a surface mining operation, the total amount of
17 financial assurances required by the lead agency and the
18 public agencies for any one year shall not exceed that
19 amount that is necessary to perform reclamation of lands
20 remaining disturbed. For purposes of this paragraph, a
21 "public agency" may include a federal agency.
22 (b) If the lead agency or the board, following a public
23 hearing, determines that the operator is financially
24 incapable of performing reclamation in accordance with
25 its approved reclamation plan, or has abandoned its
26 surface mining operation without commencing
27 reclamation, either the lead agency or the director shall
28 do all of the following:
29 (1) Notify the operator by personal service or certified
30 mail that the lead agency or the director intends to take
31 appropriate action to forfeit the financial assurances and
32 specify the reasons for so doing.
33 (2) Allow the operator 60 days to commence or cause
34 the commencement of reclamation in accordance with its
35 approved reclamation plan and require that reclamation
36 be completed within the time limits specified in the
37 approved reclamation plan or some other time period
38 mutually agreed upon by the lead agency or the director
39 and the operator.
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(3) Proceed to take appropriate action to require
forfeiture of the financial assurances if the operator does
not substantially comply with paragraph (2).
(4) Use the proceeds from the forfeited financial
assurances to conduct and complete reclamation in
accordance with the approved reclamation plan. In no
event shall the financial assurances be used for any other
purpose. The operator is responsible for the costs of
conducting and completing reclamation in accordance
with the approved reclamation plan which are in excess
of the proceeds from the forfeited financial assurances.
(c) Financial assurances shall no longer be required of
a surface mining operation, and shall be released, upon
written notification by the lead agency, which shall be
forwarded to the operator and the director, that
reclamation has been completed in accordance with the
approved reclamation plan. If a mining operation is sold
or ownership is transferred to another person, the
existing financial assurances shall remain in force and
shall not be released by the lead agency until new
financial assurances are secured from the new owner and
have been approved by the lead agency in accordance
with Section 2770.
(d) The lead agency shall have primary responsibility
to seek forfeiture of financial assurances and to reclaim
mine sites under subdivision (b). However, in cases
where the board is not the lead agency pursuant to
Section 2774.4, the director may act to seek forfeiture of
financial assurances and reclaim mine sites pursuant to
subdivision (b) only if both of the following occurs:
(1) The financial incapability of the operator or the
abandonment of the mining operation has come to the
attention of the director.
(2) The lead agency has been notified in writing by the
director of the financial incapability of the operator or the
abandonment of the mining operation for at least 15 days,
and has not taken appropriate measures to seek forfeiture
of the financial assurances and reclaim the mine site; and
one of the following has occurred:
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1 (A) The lead agency has been notified in writing by
2 the director that failure to take appropriate measures to
3 seek forfeiture of the financial assurances or to reclaim
4 the mine site shall result in actions being taken against the
5 lead agency under Section 2774.4.
6 (B) The director determines that there is a violation
7 that amounts to an imminent and substantial
8 endangerment to the public health, safety, or to the
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environment.
(C) The lead agency notifies the director in writing
that its good faith attempts to seek forfeiture of the
financial assurances have not been successful.
The director shall comply with subdivision (b) in
seeking forfeiture of financial assurances and reclaiming
mine sites.
(e) The board may adopt regulations specifying
financial assurance mechanisms other than surety bonds,
irrevocable letters of credit, and trust funds, which the
board determines are reasonably available and adequate
to ensure reclamation pursuant to this chapter, but these
mechanisms may not include financial tests, or surety
bonds executed by one or more personal sureties. These
mechanisms may include reclamation bond pool
programs.
(f) The board shall adopt
section. The guidelines
requirements of Chapter 3.5
11340) of Part 1 of Division 3
Code, and are not subject 1
Administrative Law.
SE G. 9.
guidelines to implement this
are exempt from the
(commencing with Section
of Title 2 of the Government
review by the Office of
SEC. 4. Section 2774 of the Public Resources Code is
amended to read.
2774. (a) (1) Every lead agency shall adopt
ordinances in accordance with state policy whieh that
establish procedures for the review and approval of
reclamation plans and financial assurances and the
issuance of a permit to conduct surface mining
operations, except that any lead agency without an active
surface mining operation in its jurisdiction may defer
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1 adopting an implementing ordinance until the filing of a
2 permit application. The ordinances shall establish
3 procedures requiring at least one public hearing and shall
4 be periodically reviewed by the lead agency and revised,
5 as necessary, to ensure that the ordinances continue to be
6 in accordance with state peliey law, but the ordinances
7 may be more stringent than the requirements of this
8 chapter or the policies and procedures established by the
9 board pursuant to this chapter.
10 (2) Ordinances adopted by a lead agency may provide
11 for the periodic review of approved reclamation plans
12 and financial assurances if the lead agency determines
13 that revisions to reclamation plans or financial assurances
14 may be necessary or desirable due to one or more of the
15 following:
16 (A) Changes in the environmental conditions under
17 which the reclamation will be undertaken.
18 (B) Changes in environmental laws and regulations
19 affecting reclamation.
20 (C) Changes in methods or processes for
21 accomplishing reclamation.
22 (D) Changes in the use of adjacent properties and the
23 surrounding communities.
24 (E) Changes in the lead agency's specific or general
25 plans concerning the alternative land uses for which the
26 reclaimed lands may be developed.
27 (F) Public health and safety and the environment.
28 (b) The lead agency shall conduct an inspection of a
29 surface mining operation within six months of receipt by
30 the lead agency of the surface mining operation's report
31 submitted pursuant to Section 2207, solely to determine
32 whether the surface mining operation is in compliance
33 with this chapter. r-- me event shall ° A lead agency shall
34 inspect a surface mining operation not less than once in
35 any calendar year. The lead agency may cause sueh an
36 the inspection to be conducted by a state-registered
37 geologist, state-registered civil engineer, state-licensed
38 landscape architect, or state-registered forester, who is
39 experienced in land reclamation and who has not been
40 employed by the surface mining operation in any
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capacity during the previous 12 months. All inspections
shall be conducted using a form developed by the
department and approved by the board. The operator
shall be solely responsible for the reasonable cost of the
inspection. The lead agency shall notify the director
within 30 days of the date of completion of the inspection
that the inspection has been conducted. The notice shall
contain a statement regarding the surface mining
operation's compliance with this chapter, shall include a
copy of the completed inspection form, and shall specify
which aspects of the surface mining operations, if any, are
inconsistent with this chapter. If the surface mining
operation has a review of its reclamation plan, financial
assurances, or an interim management plan pending
under subdivision (b), (c), (d), or (h) of Section 2770, or
an appeal pending before the board or lead agency
governing body under subdivision (e) or (h) of Section
2770, the notice shall so indicate. The lead agency shall
forward to the operator a copy of the notice, a copy of the
completed inspection form, and any supporting
documentation, including, but not limited to, any
inspection report prepared by the geologist, civil
engineer, landscape architect, or forester.
(c) Prior to approving a surface mining operation's
reclamation plan, financial assurances, including existing
financial assurances reviewed by the lead agency
pursuant to subdivision (c) of Section 2770, or any
amendments, the lead agency shall submit the plan,
assurances, or amendments to the director for review. All
documentation for that submission shall be submitted to
the director at one time. When the lead agency submits
a reclamation plan or plan amendments to the director
for review, the lead agency shall also submit to the
director, for use in reviewing the reclamation plan or plan
amendments, information from any related document
prepared, adopted, or certified pursuant to Division 13
(commencing with Section 21000), and shall submit any
other pertinent information. The lead agency shall certify
to the director that the reclamation plan is in compliance
with the applicable requirements of Article 1
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(commencing with Section 3500) of Chapter 8 of Division
2 of Title 14 of the California Code of Regulations in effect
at the time that the reclamation plan is submitted to the
director for review.
(d) (1) The director shall have 30 days from the date
of receipt of a reclamation plan or plan amendments
submitted pursuant to subdivision (c), and 45 days from
the date of receipt of financial assurances submitted
pursuant to subdivision (c), to prepare written
comments, if the director so chooses. The lead agency
shall evaluate any written comments received from the
director relating to the reclamation plan, plan
amendments, or financial assurances within a reasonable
amount of time.
(2) The lead agency shall prepare a written response
to the director's comments describing the disposition of
the major issues raised. In particular, if the lead agency's
position is at variance with any of the recommendations
made, or objections raised, in the director's comments,
the written response shall address, in detail, why specific
comments and suggestions were not accepted. Copies of
any written comments received and responses prepared
by the lead agency shall be forwarded to the operator.
(3) To the extent that there is a conflict between the
comments of a trustee agency or a responsible agency
that are based on the agency's statutory or regulatory
authority and the comments of other commenting
agencies whieh that are received by the lead agency
pursuant to Division 13 (commencing with Section
21000) regarding a reclamation plan or plan
amendments, the lead agency shall consider only the
comments of the trustee agency or responsible agency.
(e) Lead agencies shall notify the director of the filing
of an application for a permit to conduct surface mining
operations within 30 days of suer- an the application being
filed with the lead agency. By 4ely 1, , eoeh lead
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SB 244 -18-
I each went year, the lead agency shall submit to the
2 director for each active or idle mining operation a copy
3 of any permit or reclamation plan amendments, as
4 applicable, or a statement that there have been no
5 changes during the previous year. Failure to file with the
6 director the information required under this section shall
7 be cause for action under Section 2774.4.
8 SEC. 5. No reimbursement is required by this act
9 pursuant to Section 6 of Article XIII B of the California
10 Constitution because a local agency or school district has
11 the authority to levy service charges, fees, or assessments
12 sufficient to pay for the program or level of service
13 mandated by this act, within the meaning of Section 17556
14 of the Government Code.
O
97
CITY OF IRWINDALE
5050 North Irwindale Avenue • Irwindale, California 91706
(818) 962-3381 • Facsimile: (818) 962-4209
January 4, 2000
Mr. Frank Tripepi
City Manager
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Re: Proposed Mining Legislation
Dear Mr. Tripepi:
Approximately one year ago, the City of Irwindale commissioned a comprehensive mining
study to analyze the various impacts of mining operations on its community. The study
has cost nearly $200,000 to complete. While it is designed to address impacts from
mining operations in Irwindale, it provides compelling information on the impacts of mining
throughout the State and the various deficiencies with the State's existing surface mining
legislation, the Surface Mining and Reclamation Act of 1975 ("SMARA"
One of the primary concerns raised by the study is the ineffectiveness of existing
reclamation plans and the inability of lead agencies to update such plans to address
environmental, health and safety, and land use concerns that are not known or suspected
at the time that mining operations commence. The mining study shows in very clear
terms the numerous problems created by deficient or nonexistent reclamation plans, and
the need for significant changes to SMARA so that local governments throughout
California can ensure environmentally sound restoration of mined pits to beneficial uses.
In particular, groundwater contamination, slope failure, illegal dumping, and potential
personal injuries are just a few of the adverse consequences of unreclaimed or
inadequately reclaimed mining pits. Unfortunately, current law does not adequately
address these consequences and, in fact, allows many mines to sit in an idle condition
once mining operations cease. Irwindale has six pits of this type which, without the
proposed legislation, will remain unusable blights that pose substantial health and safety
concerns. Even those pits where reclamation planning is required can remain up to 100-
foot deep holes which will not be suitable for any alternative land uses, despite the
existing requirements of SMARA. Unfortunately, we know that these are not problems
that are unique to Irwindale.
Mr. Frank Tripepi
January 4, 2000
Page 2
Yet, these consequences can be avoided. With the legislative changes provided by
Senate Bill No. 244 and Assembly Bill No. 219, mined land can be filled or otherwise
reclaimed in a timely manner that will prolong the life of existing municipal landfills.
Once reclamation is complete, the mined land will have restored economic value, and
the health and safety of the community will have been enhanced.
The particulars of SB 244 and AB 219 are detailed in the attachments to this letter, but in
summary include the following:
SB 244 will allow periodic review of reclamation plans and allow for limited
revisions to plans in certain circumstances.
);;I SB 244 will modify SMARA to clarify that mined land will be reclaimed to a
useable condition that is readily adaptable to alternative land uses, and in a
configuration similar to that when mining commenced.
Currently SMARA requires that the local agencies' general plan conform
with state policies to promote mining. SB 244 would make it clear that the
end use of a reclaimed site be established by the local agency's general
plan.
➢ SB 244 will require that reclamation plans include both (a) a monitoring
requirement to track the effects of reclamation activities, and (b) a provision
for periodic review and revision of the reclamation plan.
7 Under SB 244, in circumstances where mining will occur in groundwater,
the legislation will allow local/regional water authorities the opportunity to
review and comment on reclamation plans prior to their approval.
Both legislation will clarify that mining companies' financial assurances must
be sufficient to complete reclamation activities and will broaden the
circumstances when financial insurance may be increased.
AB 219 will require an interim management plan for pre-SMARA pits that
remain inactive for more than 90 days.
➢ AB 219 will change the makeup of the State Mining and Geology Board by
merging the technical qualifications of two of the members into a single seat
on the Board, and filling the resulting vacancy with a citizen responsible for
representing the public interest that resides in a community with mining
operations.
Mr, Frank Tripepi
January 4, 2000
Page 3
AB 219 will create an exemption for reclamation activities from the definition
of solid waste disposal to encourage the diversion of inert materials into
reclamation sites, thereby accelerating reclamation and prolonging the life of
existing landfills.
SIB 244 and AB 219 were introduced to the legislature by Senator Solis and Assemblyman
Gallegos in January, 1999. The Senate and Assembly Natural Resource Committee
hearings on, these bil!s are scheduled for January 10 and 11, 2000.
It is important to let our Legislature know that cities throughout the State support SB 244
and AB 219. Toward that end, you can help ensure that mines are reclaimed in a
sensible, safe, and economically beneficial fashion by submitting letters of support for SB
244 and AB 219 as soon as possible.
For your convenience, we have enclosed draft letters of support that can easily be
modified for your submittal. If you have any questions or comments on the proposed
legislation, please feel free to contact me at (626) 430-2217.
Thank you in advance for your consideration of these issues--issues that are important to
Californians and our local communities.
ery
truly yours,
•
Robert Griego
City Manager, City of Irwindale
RG:al
Enc.