72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2810
 
                         House Bill 2899
 
Sponsored by Representative BUTLER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Revises standards relating to chemical process mining
operations. Specifies that standards, regulations and technology
allowed be consistent with standards, regulations and technology
allowed in other states. Directs Environmental Quality Commission
to adopt rules and standards consistent with rules and standards
found in adjacent states, to greatest extent practicable.
 
                        A BILL FOR AN ACT
Relating to the environment; amending ORS 468.020, 517.760 and
  517.956.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 517.760 is amended to read:
  517.760. (1) The Legislative Assembly finds and declares that:
  (a) It is the policy of the State of Oregon to recognize the
important and essential contribution that the extraction of
minerals makes to the economic well-being of the state and the
nation and to prevent unacceptable adverse impacts to
environmental, scenic, recreational, social, archaeological and
historic resources of the state that may result from mining
operations, while permitting operations that comply with the
provisions set forth in ORS 517.702 to 517.951.
  (b) Proper reclamation of surface-mined lands is necessary to
prevent undesirable land and water conditions that would be
detrimental to the general welfare, health, safety and property
rights of the citizens of this state.
  (c) Surface mining takes place in diverse areas where the
geologic, topographic, climatic, biological and social conditions
are significantly different and that reclamation operations and
the specifications therefor must vary accordingly.
  (d) It is not practical to extract minerals required by our
society without disturbing the surface of the earth and producing
waste materials and that the very character of many types of
surface mining operations precludes complete restoration of the
affected lands to their original condition.
  (e) Reclamation of surface-mined lands as provided by ORS
517.702 to 517.951 will allow the mining of valuable minerals in
a manner designed for the protection and subsequent beneficial
use of the mined and reclaimed lands.
   { +  (f) Reclamation that mixes low grade ore with waste rock
or that covers low grade ore or other minerals left in place has
a negative effect on future resource production.
  (g) It is beneficial that the state develop a uniform
classification of hazardous materials for all industries and
industrial sites. + }
  (2) The Legislative Assembly, therefore, declares that the
purposes of ORS 517.702 to 517.951 are:
  (a) To provide that the usefulness, productivity and scenic
values of all lands and water resources affected by surface
mining operations within this state shall receive the greatest
practical degree of protection and reclamation necessary for
their intended subsequent use.
  (b) To provide for cooperation between private and governmental
entities in carrying out the purposes of ORS 517.702 to 517.951
and reclamation of abandoned mined lands that may pose a hazard
to public health, safety or the environment.
  SECTION 2. ORS 517.956 is amended to read:
  517.956. Any chemical process mining operation in Oregon shall
comply with the following standards:
  (1) Chemical process mining including extraction, processing
and reclamation  { - , - }  shall be undertaken in a manner that
minimizes environmental damage through the use of   { - the best
available, practicable and necessary technology to assure
compliance with environmental standards - }  { +  standards,
regulations and technology that are, to the greatest extent
practicable, consistent with chemical process mining standards,
regulations and technology acceptable in other states + }.
  (2) Protection measures for fish and wildlife shall be
consistent with policies of the State Department of Fish and
Wildlife, including:
  (a) Protective measures to maintain an objective of
 { - zero - }  { + minimal fish and + } wildlife mortality. All
chemical processing solutions and associated waste water shall be
covered or contained to   { - preclude - }   { + minimize + }
access by  { + fish and + } wildlife or maintained in a condition
that is not  { + more + } harmful to  { + fish and + }
wildlife { +  than are chemical processing solutions and
associated waste water used in industrial applications other than
chemical process mining + }.
  (b) On-site and off-site mitigation   { - insuring - }
 { + ensuring + } that there is no   { - overall net - }
 { + significant + } loss of habitat value. { +  The protection
measures for fish and wildlife under this subsection shall be
consistent with the requirements imposed on other industries
since 1950. + }
  (c) No loss of existing critical habitat of any state or
federally listed threatened or endangered species. { +  The
protection measures required to protect critical habitat shall be
consistent with the requirements imposed on other industries
since 1950. + }
  (d) Fish and wildlife mortality shall be reported in accordance
with a monitoring and reporting plan approved by the State
Department of Fish and Wildlife.
  (e) The State Department of Fish and Wildlife shall establish
by rule standards for review of a proposed chemical process
mining operation for the purpose of developing conditions for
fish and wildlife habitat protection that satisfy the terms of
this section for inclusion in a consolidated permit by the
 { - department - }  { +  State Department of Geology and Mineral
Industries + }.
  (3) Surface reclamation of a chemical process mine site shall:
  (a)   { - Assure - }   { + Ensure + } protection of human
health and safety, as well as that of livestock, fish and
wildlife;
  (b)   { - Assure - }   { + Ensure + } environmental
protection; { +  and + }
 
 
  (c) Require certification to the permittee, by the State
Department of Fish and Wildlife and the State Department of
Agriculture, that a self-sustaining ecosystem, comparable to
  { - undamaged ecosystems in the area - }  { +  other reclaimed
mining areas found in the western United States + }, has been
established in satisfaction of the permittee's habitat
restoration obligations   { - ; and - }
    { - (d) Include backfilling or partial backfilling as
determined on a case-by-case basis by the department when
necessary to achieve reclamation objectives that cannot be
achieved through other mitigation activities - }  { +  and other
mitigation activities + }.
  SECTION 3. ORS 468.020 is amended to read:
  468.020. (1) In accordance with the applicable provisions of
ORS 183.310 to 183.550, the Environmental Quality Commission
shall adopt such rules and standards as it considers necessary
and proper in performing the functions vested by law in the
commission. { +  To the greatest extent practicable, rules and
standards adopted pursuant to this section shall be consistent
with the rules and standards found in adjacent states. + }
  (2) Except as provided in ORS 183.335 (5), the commission shall
cause a public hearing to be held on any proposed rule or
standard prior to its adoption. The hearing may be before the
commission, any designated member thereof or any person
designated by and acting for the commission.
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