Senate Bill 637

[minerrick]

WMA expected this to happen, eventually

FYI:


Senator Allen, D-26th District (Redondo Beach) introduced SB 637 on 27 February 2015.

This bill requires the California Water Quality Board to regulate suction dredging through water quality permits.

He represents one of the wealthiest districts in the country, which includes Beverly Hills, Pacific Palisades, Brentwood, Palos Verdes Estates and Santa Monica. Yet, he has introduced legislation which is specifically targeted at the poor and working class by imposing yet more fees and permitting requirements which we believe will be impossible to meet by the majority of suction dredgers.



This bill would be enormously harmful to dredging, it requires:

(1) By July 1st, 2017 the Water Board to establish a permitting process for suction dredging and "related mining activities." (The words related mining activities indicates this bill could/would cover panning, sluicing, highbanking and even camping along the rivers)

(2) The language indicates that prior to receiving a permit, each dredger would have to submit a report to the regional Water Board which would provide the details of the specific "wastes" to be discharged.

(3) Authorizes the Water Board to prohibit suction dredge mining "consistent with Federal law). (This indicates to us the Water Board is being given the authority to prohibit dredging on State and private lands).

(4) The bill specifically requires the Water Board to study mercury, and the effects of mercury from suction dredging. (This indicates to us they will prepare yet another biased environmental impact report, find we discharge mercury and prohibit).

This is a bad bill for dredgers (and all miners). Please call Senator Allen, and your local state representative and tell them this bill doesn't help water quality and is specifically targeted to impact the poor. It's ironic a bill introduced by the wealthiest district in California, is targeted to harm the poorest districts of California.

Please call the capitol office, and the district office. Tell them the truth about suction dredging, it takes nothing from the water, and adds nothing to the water. Two Supreme Court cases have already decided the act of taking the water, adding nothing to the water, and returning the water is not a discharge of a pollutant. We will sue again, and we will win again.


Senator Ben Allen
State Capitol, Room 2054
Sacramento, CA 95814
Phone (916) 651-4026

Senator Ben Allen
2512 Artesia Blvd, #320
Redondo Beach, CA 90278
(310) 318-6994

 

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[Hoser John]

Thanx much for the headsup Rick,as the rich get richer keepn' the working man down John.....I have a few kids,friends and cohorts in that aholes district,will see if I can light a fire under his ignorant arse...

 

[fowledup]

SB 637 Senate Bill - INTRODUCED
Contact your local Congressional District Senator as well.
Here is mine, feel free to copy, modify, ignore, or criticize what ever yer pleasure.

Suction Dredging does not introduce anything to the water with it's discharge- a plain and simple proven fact. Numerous tests prove Suction Dredging removes the very hazardous heavy metal material singled out in the proposed bill that being Mercury and many other hazardous heavy metals such as lead. Again nothing is added, hazardous heavy metals are removed and everything else is immediately returned to the river bed unmolested. IF there is Mercury in a dredge location, it has been proven that a suction dredge removes 98% plus of that mercury. That is a huge benefit to the watershed that would not have occured otherwise and should not be ignored. Another fact that is never discussed is that the remaining 2% or less will, with all probablility be recovered during subsequent dredging operations. It should be understood that we are talking about sub ounce quantities at best, not the pounds they would have you believe. In fact most operations don't encounter any Mercury at all. Suction Dredging is the undisputed fact based, best management practice for Hazardous Heavy Metals recovery in a waterway, bar none. A little bit of research will confirm this, as those now receiving grant money for clean-up projects are, based on the latest scientific testing all using or proposing to use Suction Dredging as their principle means for recovering Mercury. Rather than starting a cumbersome permit system that offers no additonal value to an operation that already has the ability to do what the bill proposes. Or outlaw a system or process that is the best we have available; The law makers of this state should shift their focus to facilitate better more efficient disposal methods for these folks willing to do the clean up our waterways at no cost to the taxpayers. Further burdening of our financially strapped citizens, and using "bad Science", not FACT based science to form our Government policy is no longer an option. We have suffered long enough from this careless irresponsible approach. Please stick to the proven facts, and let those facts dictate the proper course of action.

 

[Bejay]

State Water Resources Control Board

Always nice to know just how a agency gets authority and where the authority begins and where it must end. Remember words mean everything. ["waste discharge"]



Bejay

 

[Clay Diggins]

Dredges don't discharge and they don't produce waste.

Dredges filter incoming stream material and return the filtered material all in the same portion of the stream.

Nothing in the water board law or regulations could be twisted to apply to dredging. They can't win this one. It's even more ridiculous and obviously illegal than the fishy dredge moratorium.

Heavy Pans

 

[B H Prospector]

Doesn't that come under the mixed soup kettle deal that has already been ruled on by the courts?

 

[Clay Diggins]

Doesn't that come under the mixed soup kettle deal that has already been ruled on by the courts?

Exactly!
California relies on the same CWA definitions for "point source", "discharge" and "pollutant" that lead to the big Supreme Court losses for the EPA. This proposal will sink faster than a lead (or mercury) balloon.

I doubt having an already loosing proposition will stop them from trying more bogus regulations. Hopefully California miners have learned enough from the State's dredging ban failure to know they can keep on mining right through all the unenforceable regulation schemes.

Heavy Pans

 

[Bejay]

It sure would be nice to stop this mis application of authority. But note NEPA is the "stem" from which all such wrongful "state bearing" fruit comes. The State attempts to gather its strength utilizing the wrongful authoritative attempt of NEPA.

It would not be prudent for the State to continue down a path that will fail. You would think there would be an attentive ear; and a person with enough clout to get some attention to a path of failure. Not sure if a politician can be educated. It seems many (politicians) are not so fortunate to have the ability to learn.

Paying attention to the "words" and asking the state to define their use, when and if the bill is introduced would be a valuable tool. Applying each and every word to the Water Boards purpose and scope seems very appropriate!

I believe it worthy of consideration. Agencies tend to get off track and extend their control/power to regulate beyond their authority. Hold their feet to the fire...that they themselves constructed legally/lawfully.

Bejay

 

[fowledup]

In the words of Justice O'Connor, "f one takes a ladle of soup from a pot, lifts it above the pot, and pours it back into the pot, one has not added soup or anything else to the pot." (emphasis added)


"In order to be a discharge of a “pollutant”, there must be an “addition” into water. Dredge spoil and other excavated material coming from shore-based excavations being discharged into waters of the United States would be a pollutant – they are an addition (to the water). The tailings from the mining of on-shore placer deposits being discharged into waters of the United States might be a “pollutant”. Dredge spoil from large dredges used for deepening navigational channels, harbors, filling wetlands, etc. that is discharged into the same waters from whence they came are not an “addition”, and thus not a “pollutant”. The streambed sediments and water (the soup) from a suction dredge mining underwater gold deposits being returned back into the very same water (the pot) almost exactly from where they came from (the pot) are not an “addition” and thus not a “pollutant” (i.e.; …one has not added soup or anything else to the pot.)."

 

[specksandflecks]

He represents one of the wealthiest districts in the country, which includes Beverly Hills, Pacific Palisades, Brentwood, Palos Verdes Estates and Santa Monica. Yet, he has introduced legislation which is specifically targeted at the poor and working class by imposing yet more fees and permitting requirements which we believe will be impossible to meet by the majority of suction dredgers.

Hm, basically this then?

 

[B H Prospector]

The problem with liberal politicians Bejay is that the are educated beyond their intelligence and have most if not all common sense educated out of them. They go on to prove that liberalism is a mental disorder.

 

[Bejay]

The problem with liberal politicians Bejay is that the are educated beyond their intelligence and have most if not all common sense educated out of them. They go on to prove that liberalism is a mental disorder.

I have known my share of conservative politicians who have little grey matter....and simply go by what they are told by others. I think many politicians today simply rely on their own need/willingness to accept others' positions; and they get elected to carry the torch of their ideologues. But I always rely on the simple sticker on a motorized lawnmowers that states: "Don't place hands under mower while mower is running". We have come a long way! Educated........NOT!

Political clout can carry a big torch...and the $$$$ that encompasses it bears a lot of fruit at times.

But I understand what you say B H Guy.

Most often I simply sit and shake my head in disgust anymore!

Bejay

 

[2cmorau]

point source of our problem, see a conservative in this picture

 

[russau]

Almost ALL socalled "representatives" of ours does what "their party" tells them todo! when they get up in front of real people and ask for their ideas suggestions , its just a smoke screen for their intentions! they represent "their party" NOT we the people! and don't ever forget that! if someone comes into getting elected and wants to work for the people (like hes supposed todo) "their party' will tell him other wise if he wants to get on ANY board or commission or ever wants to push a bill! if their lips are moveing , they are lieing!

 

[fishnfacts]

Nowadays politicians go to school to learn how to be politicians. To bad they get passing grades for not learning the rights and laws of the people of this land. You would think they would need to know this this. I think the only course they have to pass is how to campaign without getting caught in their own lies and fingers in the till. They need to get a real job.

 

[winners58]

I found this desription from the Montana DEQ they call it wash water or non-process wastewater

Portable suction dredges are mechanical devices that float on the stream surface and
pump stream water and stream bed material through a suction dredge intake to a sluice
box, from which gold or other precious metals are recovered. Unwanted gravels and
other naturally occurring stream bottom material fall off the end of the sluice box and are
redeposited back onto the stream bottom. Since the discharge consists of naturally
occurring stream bottom material and no chemicals are allowed to be added to enhance
gold recovery, there is no additional load of pollutants to the receiving stream.
Therefore, the discharge from suction dredges permitted under this General Permit
consists only of stream water and bed material; no chemicals may be added as part of the
suction dredging process. Oil and grease and fuel are also potential pollutants if the
operating dredge has leaking seals or if fuel is spilled during refilling.

 

[fowledup]

Nowadays politicians go to school to learn how to be politicians. To bad they get passing grades for not learning the rights and laws of the people of this land. You would think they would need to know this this. I think the only course they have to pass is how to campaign without getting caught in their own lies and fingers in the till. They need to get a real job.

We no longer have politicians or government officials in the sense of our fore fathers. All we have now are different levels of lobbyists working for big money agendas.

 

[Skiddum]

I'd say send out invites to every city to there city council and to the senators and so on in California and invite them out for a weekend of prospecting. they've done this before in other states with great effects. all these people are are lawyers and so on and all they here from are these eco natzis that say mining is bad it kills the fish it does this it does that. they don't here from legitimate groups who do there best to help clean up the planet. we go out and we clean up all kinds of trash and make sure our areas look like we where never there. allot won't come but allot will and it gives you a voice that's more say reputable. these people get a chance to come out try it out and see what where all about and it turns allot of heads they get to experience it first hand instead of here say from peoplewho've never tried it. they think k were all using Mercury and other nasty chemicals like allot of these extreme companies. but they have the money and power to get away with it what voice do these eco natzis have when compared to money. so we have to show were not bad and let people come do it themselves to prove it