BILL NUMBER: SB 637 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2015
INTRODUCED BY Senator Allen
FEBRUARY 27, 2015
An act to amend Section 5653 of the Fish and Game Code, and
to add Section 13172.5 to the Water Code, relating to
water quality dredging .
LEGISLATIVE COUNSEL'S DIGEST
SB 637, as amended, Allen. Water quality: suction
Suction dredge mining: permits.
Existing law prohibits the use of any vacuum or suction dredge
equipment by any person in any river, stream, or lake of this state
without a permit issued by the Department of Fish and Wildlife.
Existing law requires the department to issue a permit, if the
department determines that the use of a vacuum or suction dredge will
not be deleterious to fish, upon the payment of a specified fee.
This bill would instead require the department to issue a permit
if the department determines that the use does not cause any
significant effects on fish and wildlife and would authorize the
department to adjust the specified fee to an amount sufficient to
cover all reasonable costs of the department in regulating suction
dredging activities.
Under existing law, the State Water Resources Control Board and
the California regional water quality control boards prescribe waste
discharge requirements in accordance with the federal Clean Water Act
and the Porter-Cologne Water Quality Control Act (state act). The
state act, with certain exceptions, requires a waste discharger to
file certain information with the appropriate regional board and to
pay an annual fee. The state act additionally requires a person,
before discharging mining waste, to submit to the regional board a
report on the physical and chemical characteristics of the waste that
could affect its potential to cause pollution or contamination and a
report that evaluates the potential of the mining waste discharge to
produce acid mine drainage, the discharge or leaching of heavy
metals, or the release of other hazardous substances.
This bill would require, by July 1, 2017, the State Water
Resources Control board to establish a permitting process for suction
dredge mining and related mining activities in rivers and streams in
the state, consistent with requirements of the state act. The bill
would require that the regulations, at a minimum, address cumulative
and water quality impacts of specified issues. A person who violates
these regulations would be liable for an unspecified penalty. The
bill would provide that the state board is not prohibited from
adopting regulations that would prohibit suction dredge mining, if
the state board makes a certain finding relating to water quality
objectives, to the extent consistent with federal law. The bill would
prohibit these provisions from affecting any other law, including
the California Environmental Quality Act and specified provisions
relating to streambed alteration requirements.
The bill would specify that a suction dredge contains any of
specified components for purposes of permits issued by the Department
of Fish and Wildlife and for purposes of the permitting process
established by the state board.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5653 of the Fish and
Game Code is amended to read:
5653. (a) The use of any a vacuum
or suction dredge equipment by any a
person in any a river, stream, or lake
of this state is prohibited, except as authorized under a permit
issued to that person by the department in compliance with the
regulations adopted pursuant to Section 5653.9. Before any
a person uses any a
vacuum or suction dredge equipment in any
a river, stream, or lake of this state, that person shall
submit an application for a permit for a vacuum or suction dredge to
the department, specifying the type and size of equipment to be used
and other information as the department may require.
(b) Under the regulations adopted pursuant to Section 5653.9, the
department shall designate waters or areas wherein vacuum or suction
dredges may be used pursuant to a permit, waters or areas closed to
those dredges, the maximum size of those dredges that may be used,
and the time of year when those dredges may be used. If the
department determines, pursuant to the regulations adopted pursuant
to Section 5653.9, that the operation will not be
deleterious to fish use of a vacuum or suction dredge
does not cause any significant effects to fish and wildlife ,
it shall issue a permit to the applicant. If any
a person operates any equipment other
than that authorized by the permit or conducts the operation in any
waters or area or at any time that is not authorized by the permit,
or if any person conducts the operation without securing the permit,
that person is guilty of a misdemeanor.
(c) The (1) Except
as provided in paragraph (2), the department shall issue a
permit upon the payment, in the case of a resident, of a base fee of
twenty-five dollars ($25), as adjusted under Section 713, when an
onsite investigation of the project size is not deemed necessary by
the department, and a base fee of one hundred thirty dollars ($130),
as adjusted under Section 713, when the department deems that an
onsite investigation is necessary. In Except
as provided in paragraph (2), in the case of a nonresident, the
base fee shall be one hundred dollars ($100), as adjusted under
Section 713, when an onsite investigation is not deemed necessary,
and a base fee of two hundred twenty dollars ($220), as adjusted
under Section 713, when an onsite investigation is deemed necessary.
(2) The department may adjust the base fees for a permit described
in this subdivision to an amount sufficient to cover all reasonable
costs of the department in regulating suction dredging activities.
(d) It is unlawful to possess a vacuum or suction dredge in areas,
or in or within 100 yards of waters, that are closed to the use of
vacuum or suction dredges.
(e) For purposes of this section and Section 5653.1, a suction
dredge contains any of the following:
(1) A hose that vacuums sediment from a river, stream, or lake.
(2) A motorized pump.
(3) A motorized sluice box.
SECTION 1. SEC. 2. Section 13172.5 is
added to the Water Code, to read:
13172.5. (a) On or before July 1, 2017, the state board shall
establish by regulation a permitting process for suction dredge
mining and related mining activities in rivers and streams in the
state. The regulations shall be consistent with the requirements of
this division and, at a minimum, address cumulative and water quality
impacts of each of the following:
(1) Mercury loading to downstream reaches of rivers and streams
affected by suction dredge mining.
(2) Methylmercury formation in water bodies.
(3) Bioaccumulation of mercury in aquatic organisms.
(b) A person who violates a regulation adopted pursuant to this
section shall be liable in the amount of ____ ($____).
(c) Nothing in subdivision (a) shall prohibit the state board from
adopting regulations that prohibit suction dredge mining if the
state board finds that prohibition is necessary to regulate waste
discharges that violate or impair water quality objectives or other
criteria under this division, to the extent consistent with federal
law. In making this determination, the state board may consider, but
is not limited to, soil types, fueling and refueling activities, and
horsepower limitations.
(d) This section does not affect any other law, including the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) and the Department of
Fish and Wildlife's streambed alteration requirements described in
Chapter 6 (commencing with Section 1600) of the Fish and Game Code.
(e) For purposes of this section, a suction dredge contains any of
the following:
(1) A hose that vacuums sediment from a river, stream, or lake.
(2) A motorized pump.
(3) A motorized sluice box.