68th OREGON LEGISLATIVE ASSEMBLY--1995 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 3795

                           A-Engrossed

                         House Bill 3427
                   Ordered by the House May 12
             Including House Amendments dated May 12

Sponsored by Representative HAYDEN


                             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.

  Requires that, upon making certain findings, Department of
Environmental Quality, Division of State Lands and Water
Resources Department take specified action on permit applications
relating to certain types of mining operations within North
Santiam River watershed. Requires that, under certain
circumstances, state agencies and local governments issue permits
to mining operations in watershed that have obtained Department
of Environmental Quality, Division of State Lands and Water
Resources Department permits.
  Repeals requirements imposed on Department of Environmental
Quality, Division of State Lands and Water Resources Department
effective   { - 15 - }   { + 60 + } days after effective date of
Act. Repeals provisions that require state agency and local
government issuance of permits effective   { - 60 - }
 { + 120 + } days after effective date of Act.  Requires
processing of permit applications made prior to applicable repeal
date.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to permits for mining operations within North Santiam
  River watershed; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds that:
  (1) Modern copper, lead, zinc, gold, silver and molybdenum
mining using the froth flotation process and complying with
federal effluent discharge guidelines are unlikely to produce
significant adverse impacts on high quality water receiving
seasonal discharges.
  (2) The North Santiam River watershed is capable of sustaining
a limited amount of additional mining activity of the type
described under subsection (1) of this section without a
significant likelihood of adversely affecting the beneficial use
of Santiam River waters by existing users.
  (3) Permitting a limited amount of additional mining activity
of the type described under subsection (1) of this section in the
North Santiam River watershed would confer an economic benefit on
communities located in the watershed.
  (4) It is likely that a substantial portion of the jobs created
by a limited amount of additional mining activity in the North
Santiam River watershed would be filled by displaced timber
industry workers in furtherance of the timber worker retraining
objectives of this state. + }
  SECTION 2.  { + As used in this Act, unless the context
requires otherwise:
  (1) 'Seasonal discharge' means discharges occurring during the
period between October and May, when required by other government
agencies or when required by the accumulation of precipitation.
  (2) 'Mining-related purposes' includes ore milling.
  (3) 'Water right' includes but is not limited to a right to
remove water from underground mining activity areas for nuisance
abatement or safety purposes. + }
  SECTION 3.  { + (1) Notwithstanding ORS 390.805 to 390.925,
468B.015 to 468B.030, 468B.048 to 468B.055 or any other provision
of law, including but not limited to statutes, ordinances,
regulations, rules or charter provisions, upon submission to the
Department of Environmental Quality of an application to
discharge wastewater from a facility subject to the effluent
limitations of 40 C.F.R. ÝÝ440.100 to 440.105 (1994) or any
successor provision thereto, the department shall issue a permit
allowing the discharge and approving any associated disposal
system or treatment works if:
  (a) The application establishes that a seasonal discharge will
not exceed the applicable effluent limitations specified under 40
C.F.R. ÝÝ440.100 to 440.105 (1994) or 40 C.F.R.  ÝÝ125.30 to
125.32 (1994) or the successor provision thereto;
  (b) The seasonal discharge will not have a negative impact on
designated beneficial uses of downstream waters and will not,
outside of an appropriate mixing zone, violate in-stream water
quality criteria for protecting designated beneficial uses;
  (c) Water quality, as measured at a point 500 feet downstream
from the discharge point, will not be reduced to a detectable
extent because of the discharge;
  (d) The discharge is into waters within the North Santiam River
watershed; and
  (e) The application establishes that the discharge complies
with any rules necessary to implement the Federal Water Pollution
Control Act or the federal regulations issued pursuant thereto.
  (2) The application for a discharge permit under this section
must be filed on or after the effective date of this Act. The
filing of an application for a discharge permit prior to the
effective date of this Act shall not disqualify an applicant from
refiling the application in the manner allowed under this
section. + }
  SECTION 4.  { + (1) Notwithstanding ORS chapter 196, 273 or 274
or any other provision of law, including but not limited to
statutes, ordinances, regulations, rules or charter provisions,
subject to any restrictions imposed under 33 U.S.C. Ý1344 or
other federal law, upon application by the permit holder filed on
or after the effective date of this Act, the Division of State
Lands shall renew any permit issued under ORS chapter 196, 273 or
274 within five years prior to the effective date of this Act for
the dredging or filling within the North Santiam River watershed
of submersible land, submerged land, formerly submersible or
submerged land, new land, swampland or any waters if:
  (a) The permit is related to mining or mining-related purposes
other than chemical process mining; and
  (b) The permit area does not exceed two acres in area.
  (2) The filing of an application for renewal prior to the
effective date of this Act shall not disqualify a permit holder
from refiling an application for renewal in the manner allowed
under this section. + }
  SECTION 5.  { + (1) Notwithstanding ORS 537.170 to 537.190,
water resource programs adopted under ORS 536.300, or any other
provision of law, including but not limited to statutes,
ordinances, regulations, rules or charter provisions, upon the
filing of an application under ORS 537.140 for a permit to
appropriate water within the North Santiam River watershed for
mining or mining-related purposes other than operation of a
chemical process mine, the Water Resources Department shall issue
the permit if the department finds that the permit will not
injure any existing water right. Review by the Water Resources
Department shall be limited to reviewing the determination of the
department regarding injury to existing water rights.
  (2) The application for a permit to appropriate water under
this section must be filed on or after the effective date of this
Act. The filing of an application for a permit to appropriate
water prior to the effective date of this Act shall not
disqualify an applicant from refiling the application in the
manner allowed under this section. + }
  SECTION 6. { +  An application made under section 3, 4 or 5 of
this Act shall be granted or denied by the applicable agency not
later than the 60th day following the application date. + }
  SECTION 7.  { + Notwithstanding sections 3 and 6 of this Act,
the Department of Environmental Quality shall not be required to
grant a permit to a facility applying under section 3 of this Act
unless the following conditions are met:
  (1) The applicant agrees to contract with the department for
applicant funding of a mutually agreeable monitoring and
inspection program by the department. The amount of annual
funding by the applicant shall not exceed $100,000.
  (2) The applicant agrees to contribute to and maintain a
separate cash account for reclamation purposes. The required
ultimate amount of the account shall not exceed one and one-half
times the State Department of Geology and Mineral Industries'
estimate of reclamation costs for the mining facility or $2
million, whichever is less. Periodic contributions to the account
shall be made so that the amount in the account at any time is in
approximately the same proportion to the ultimate account balance
as the proportion that the tonnage of ore removed bears to the
total tonnage of ore expected to be removed during the life of
the mining facility. The applicant shall be entitled to any
interest accruing on the account. Unless otherwise authorized by
the Department of Environmental Quality, the account shall be
held by the applicant in a commercial bank.
  (3) Any persons or entities who control the applicant agree to
assume liability for environmental injuries, remediation expenses
and penalties caused by discharges from the facility.  However, a
condition imposed under this subsection shall not be more
stringent than conditions imposed by Department of Environmental
Quality rules governing the assumption of liability for chemical
process mining. The investors in any publicly traded entity shall
not be required to assume liability.
  (4) The applicant agrees to create an off-site spillage
prevention program if required by the Department of Environmental
Quality. + }
  SECTION 8.  { + Notwithstanding ORS 537.830 or any other
provision of law, any operating permit issued or reclamation plan
approved by the State Department of Geology and Mineral
Industries under ORS 517.750 to 517.951 for a mining or
mining-related facility that has received permits from two or
more agencies in the manner described under section 3, 4 or 5 of
this Act shall not include requirements relating to water
quality, fill or removal of wetlands or water appropriations that
are inconsistent with or more stringent than requirements set
forth in section 3, 4 or 5 of this Act. + }
  SECTION 9.  { + (1) Notwithstanding any other provision of law,
including but not limited to statutes, ordinances, regulations,
rules or charter provisions, any state agency that must approve a
permit for the construction or operation of a mining or
mining-related facility that has received permits from two or
more agencies in the manner provided under section 3, 4 or 5 of
this Act shall issue the required permit if the applicant submits
proof satisfactory to the agency that the mining or
mining-related facility complies with all permit-related
requirements imposed under federal law. However, this subsection
shall not apply to require issuance of any permit of a type
described under section 3, 4, 5 or 8 of this Act.
  (2) Each state or local government agency that issues a permit,
license or certificate shall continue to exercise enforcement
authority over the permit, license or certificate. + }
  SECTION 10. { +  (1) Notwithstanding ORS 183.400, 183.482,
183.484 and 197.825 or any other law, exclusive jurisdiction for
review of any permit, license or certificate issued, renewed,
limited, conditioned, denied or refused renewal under this Act,
other than an operating permit or reclamation plan approved under
ORS 517.750 to 517.951, is conferred upon the Supreme Court.
  (2) Proceedings for review shall be instituted when any person
or local government adversely affected files a petition with the
Supreme Court that meets the following requirements:
  (a) The petition shall be filed within 21 days of the specific
permit, license or certificate decision on which the petition is
based or 21 days after the effective date of this Act, whichever
is later.
  (b) The petition shall state the nature of the permit, license
or certificate decision that the petitioner desires reviewed, in
what manner the decision maker rejected the position raised by
the petitioner in the administrative proceeding and shall state,
by supporting affidavit, the facts showing how the petitioner is
adversely affected.
  (3) Within 30 days after service of the petition, the agency
acting on the permit, license or certificate shall transmit to
the Supreme Court, or to a special master it designates, the
original or a certified copy of the entire record and any
findings that may have been made.
  (4) Upon review, the Supreme Court may reverse or remand the
decision if the permit, license or certificate decision
challenged is not contrary to law or is not supported by
substantial evidence. + }
  SECTION 11.  { + (1) Sections 1 to 6 of this Act are repealed
effective on the 60th day following the effective date of this
Act.
  (2) Notwithstanding the repeal of sections 1 to 6 of this Act
by subsection (1) of this section, the rights, privileges and
obligations granted under sections 1 to 6 of this Act shall
continue in full force and effect as to any application made in
compliance with section 3, 4 or 5 of this Act, including but not
limited to the processing of the application and the granting of
any permit allowed under those sections.
  (3) Section 7 of this Act is repealed effective on the 180th
day following the effective date of this Act. + }
  SECTION 12.  { + (1) Sections 8 and 9 of this Act are repealed
effective on the 120th day following the effective date of this
Act.
  (2) Notwithstanding the repeal of section 9 of this Act by
subsection (1) of this section, the rights, privileges and
obligations granted under section 9 of this Act shall continue in
full force and effect as to any application made in compliance
with section 9 of this Act, including but not limited to the
processing of the application and the granting of any permit,
license or certificate under that section. + }
  SECTION 13. { +  This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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