Loading...
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 97 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 97 -3- SB 244 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: 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 97 F 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 SB 244 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -4- ifi l l ' eneral l d and shall not ans e a s spee the aea ageftey g p n . , d t i l the i d b sueh b ard eff eaneem, as e reg ona n ne y , e , but not 1krAted to, houn of eper-ation, no ise, dust, fefteing- -77i. 97 -5- SB 244 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 97 SB 244 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -6- 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. 97 F 7- SB 244 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. 97 F 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. 12 13 14 15 re eentinuing, , if these operations ean be 16 e;ndueted, 17 fe be e ed aut 18 19 20 21 , adjaeent 6nds, or methods 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. 29 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 97 -9- SB 244 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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+ t f hi h S b t ll be h d d et inelud but hall u jee s or w e s m a s s s af e, s not be lifnited to, the foli (1) Wildlife habitfit. o 2 B kfilli l di bilit t and - ftg, re ( ) ae reeentethring. gra ng, s ope s tk , ~ 5 P i d h ti lt l l d l i ( ) r me an ot er a l T il 8 ma an ree eu ama o gr edi trib i t d n. ution opsa sa vage, ( ) enanee, ftn r s ma n . th b l e st h a em with the y to e ex... ut on ey f 97 F and ineluding, > sediment, ef:asia reentr-4: SB 244 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -10- 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 elo e d i d l i d v p ree a s may fne tm . , r,remadq of ree}einatiens, l aws, e r thee: nditionn 97 revisions ie these plans are aeeessai~,, it shall eenduet a- publie hearing en the propeged reyigions. The lead reelamation. -11- SB 244 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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. 97 SB 244 - 12 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. 97 F -13- SB 244 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (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: 97 F SB 244 -14 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 97 15- SB 244 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 97 SB 244 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -16- 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 97 -17- SB 244 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (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 97 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.