Bill Text: OR SB732 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to mining.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB732 Detail]

Download: Oregon-2013-SB732-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2377

                         Senate Bill 732

Sponsored by Senator FERRIOLI; Senators BAERTSCHIGER JR, BOQUIST,
  CLOSE, GEORGE, GIROD, HANSELL, KNOPP, KRUSE, OLSEN, THOMSEN,
  WHITSETT, WINTERS

                             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.

  Requires that at least 30 days before agencies give notice of
intended action to adopt, amend or repeal rules pertaining to
recreational or small scale mining, agencies shall perform
certain consultation. Provides that rules are not valid if agency
has not performed consultation.
  Requires that at least 30 days before agencies issue order
pertaining to recreational or small scale mining, agencies shall
perform certain consultation. Provides that orders are not valid
if agency has not performed consultation.

                        A BILL FOR AN ACT
Relating to mining; creating new provisions; and amending ORS
  468B.050 and 517.125.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 517.125 is amended to read:
  517.125.   { - Any rule pertaining to recreational or small
scale mining adopted after June 28, 1999, shall be adopted in
consultation with affected parties. - }
   { +  (1) Agencies, as defined in ORS 183.310, that adopt rules
or issue orders described in this section shall appoint an
advisory committee as described in ORS 183.333.
  (2)(a) In order to resolve disputes and to address the rights
of parties that engage in recreational or small scale mining, an
agency shall, at least 30 days before giving notice of its
intended action pursuant to ORS 183.335 to adopt, amend or repeal
any rule pertaining to recreational or small scale mining,
consult with the following regarding the intended action:
  (A) Parties identified by the agency as likely to be affected
by the rule.
  (B) Persons on the advisory committee appointed pursuant to
subsection (1) of this section.
  (b) A rule described in this subsection is not valid if the
agency has not complied with the requirement described in
paragraph (a) of this subsection prior to giving notice of its
intended action under ORS 183.335.
  (3)(a) In order to resolve disputes and to address the rights
of parties that engage in recreational or small scale mining, an
agency shall, at least 30 days before issuing an order pertaining

to recreational or small scale mining described in ORS 468B.050
(2), consult with the following regarding the proposed order:
  (A) Parties identified by the agency as likely to be affected
by the order.
  (B) Persons on the advisory committee appointed pursuant to
subsection (1) of this section.
  (b) An order described in this subsection is not valid if the
agency has not complied with the requirement described in
paragraph (a) of this subsection. + }
  SECTION 2. ORS 468B.050 is amended to read:
  468B.050. (1) Except as provided in ORS 468B.053 or 468B.215,
without holding a permit from the Director of the Department of
Environmental Quality or the State Department of Agriculture,
which permit shall specify applicable effluent limitations, a
person may not:
  (a) Discharge any wastes into the waters of the state from any
industrial or commercial establishment or activity or any
disposal system.
  (b) Construct, install, modify or operate any disposal system
or part thereof or any extension or addition thereto.
  (c) Increase in volume or strength any wastes in excess of the
permissive discharges specified under an existing permit.
  (d) Construct, install, operate or conduct any industrial,
commercial, confined animal feeding operation or other
establishment or activity or any extension or modification
thereof or addition thereto, the operation or conduct of which
would cause an increase in the discharge of wastes into the
waters of the state or which would otherwise alter the physical,
chemical or biological properties of any waters of the state in
any manner not already lawfully authorized.
  (e) Construct or use any new outlet for the discharge of any
wastes into the waters of the state.
  (2) { + (a) + } The Department of Environmental Quality or the
State Department of Agriculture may issue a permit under this
section as an individual, general or watershed permit. A permit
may be issued to a class of persons using the procedures for
issuance of an order or for the adoption of a rule.
Notwithstanding the definition of 'order' or 'rule' provided in
ORS 183.310, in issuing a general or watershed permit by order
pursuant to this section, the State Department of Agriculture or
Department of Environmental Quality:
    { - (a) - }   { + (A) + } Is not required to direct the order
to a named person or named persons; and
    { - (b) - }   { + (B) + } May include in the order agency
directives, standards, regulations and statements of general
applicability that implement, interpret or prescribe law or
policy.
   { +  (b)(A) Any rules adopted, amended or repealed under this
subsection pertaining to recreational or small scale mining are
subject to the requirements set forth in ORS 517.125 (2).
  (B) Any orders issued under this subsection pertaining to
recreational or small scale mining are subject to the
requirements set forth in ORS 517.125 (3). + }
  (3) The State Department of Agriculture or the Department of
Environmental Quality may define 'confined animal feeding
operation' by rule for purposes of implementing this section.
  SECTION 3.  { + (1) The amendments to ORS 517.125 by section 1
of this 2013 Act do not apply to:
  (a) Any rules for which notices of intended action were given
under ORS 183.335 before the effective date of this 2013 Act.
  (b) Any orders described in ORS 468B.050 (2) that were issued
by the Department of Environmental Quality or the State
Department of Agriculture before the effective date of this 2013
Act.
  (2) The amendments to ORS 468B.050 by section 2 of this 2013
Act do not apply to:
  (a) Any rules for which notices of intended action were given
under ORS 183.335 before the effective date of this 2013 Act.
  (b) Any orders the Department of Environmental Quality or the
State Department of Agriculture issued before the effective date
of this 2013 Act. + }
                         ----------