HI BANKING AND POWER SLUICE PERMITS NEEDED IN CALIF. NOW!!!!!

[Wicked Wanda]

Well, if you think that the dredging law is bad here in Ca. then you need to realize that on the ICMJ website, it is posted that YOU KNOW HAVE TO HAVE A PERMIT TO HIBANK AND POWER SLUICE IN THIS GOD FORSAKEN STATE. 10,000.00 DOLLAR FINE PER DAY, PERMIT STARTS AT 1,120.00 AND YOU HAVE TO HAVE A PERMIT FOR EACH SECTION OF CA. THAT YOU ARE PROSPECTING IN.....NO JOKE!!!!

I will fricking run a dredge, the fine is cheaper....rat --deleted--s. The link follows, check it out for yourself.

http://www.swrcb.ca.gov/water_issue...rograms/cwa401/suction_dredge.shtml

FAQ:http://www.swrcb.ca.gov/water_issues/programs/cwa401/docs/suctiondredge/highbank_faq.pdf

Which states.....

"Question: Can I use a highbanker or power sluice to recover gold?
Answer: Yes, under the following conditions:
1.
The Fish and Game Code, the Clean Water Act, and the California Water Code prohibit you from discharging water and waste sediment from your highbanker or power sluice to an area such that it may enter a stream, river, lake, or other surface water body without a permit from the Regional Water Quality Control Board (Regional Water Board) responsible for the area where you’ll be mining. Currently there is no general permit available for discharges of water and waste sediment from highbankers or power sluices to streams, rivers, lakes, or other surface water bodies.
2.
You can discharge water and waste sediment from your highbanker or power sluice to land but you must first apply for a permit from the Regional Water Board responsible for the area where you’ll be mining. To apply for a permit, you must file a Report of Waste Discharge with the Regional Water Board. You cannot begin mining until the Regional Water Board approves your Report of Waste Discharge and notifies you that either your permit has been issued or that a permit is not required because the discharge will not create or threaten to create a condition of pollution or nuisance. The minimum fee for the permit is $1120.00 but may be higher depending on the threat the discharge poses to water quality and the complexity of the discharge as determined by the Regional Water Board. See below for legal details.
3.
If you are diverting water from a riparian parcel for use on that parcel, you must have a riparian water right or be legally entitled to use riparian water rights for the parcel and you must file a Statement of Water Diversion and Use (Statement) with the State Water Resources Control Board’s (State Water Board) Division of Water Rights for each point of diversion. The fee for filing a Statement of Diversion and Use is $50.00. For general information about riparian water rights, and whether you have one, go to:http://www.swrcb.ca.gov/waterrights/board_info/faqs.shtml. For information about Statements of Diversion and Use, and how to file one, go to: http://www.swrcb.ca.gov/waterrights/board_info/faqs.shtml.
4.
If you plan to divert water for use on non-riparian land, or to divert water that would not be there under natural conditions for use on riparian land, you must apply for and receive a permit to appropriate water from the State Water Resources Control Board. For information about applying for water rights, go to: http://www.swrcb.ca.gov/waterrights/board_info/faqs.shtml
Question: What are the penalties if I don’t comply with the conditions?
Answer: Violating conditions 1 and 2 may result in fines of up to $10,000 for each day, or if the matter is referred to the courts, fines up to $25,000 for each day in which the violation occurs.
Violating condition 3 may result in a fine of up to $1,000 plus $500 for each day the violation continues after 30 days of the State Water Board notification of the violation. Go to: http://www.waterboards.ca.gov/water...ard_info/faqs.shtml#toc178761086for details.
Violating condition 4 may result in a fine of up to $500 per day of unauthorized diversion and use. Go to:http://www.waterboards.ca.gov/waterrights/board_info/faqs.shtml#toc178761086 for details.
Legal Information:
In many instances mining activities, including high banking require one or more permits from the State Water Resources Control Board (State Water Board) or appropriate Regional Water Quality Control Board (Regional Water Board). Various federal and state law requirements necessitate permitting and notification of mining activities as they affect the waters of the state of California. The federal Clean Water Act was enacted by Congress “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”1 Section 301 of the Clean Water Act prohibits “the discharge of any pollutant by any person” except in compliance with the Clean Water Act; i.e., except without obtaining a permit.2 The “discharge of any pollutant” means any addition of any pollutant to navigable waters from any point source. As defined by the Clean Water Act, “pollutants” include numerous metals and toxic substances (e.mercury) as well as dredged spoil, rock, sand, and earthen materials.3 In California, the State Water Board and the Regional Water Quality Control Boards (Regional Water Boards) are the state agencies that administer the Clean Water Act.4
California’s counterpart to the Clean Water Act is the Porter-Cologne Water Quality Control Act (Porter-Cologne).5 Pursuant to Porter-Cologne, any person discharging waste, or proposing to discharge waste that could affect the quality of the waters of the state must file a report of the discharge with the appropriate Regional Water Board.6 While certain waters and activities may be beyond the jurisdictional reach of the Clean Water Act, Porter-Cologne is much broader in reach and comprehensive in coverage. Porter-Cologne defines “waste” to include any and all waste substances associated with
1 33 U.S.C. § 1251(a).
2 33 U.S.C. § 1311(a).
3 33 U.S.C. § 1362(6).
4 Wat. Code, § 13160.
5 Wat. Code, § 13000 et seq.
6 Wat. Code, § 13260, subd. (a).

human habitation or resulting from any producing, manufacturing, or processing operation, including mining waste.7 Similarly, “waters of the state” is much broader than what is considered the “nation’s waters” under the Clean Water Act. Waters of the state includes “any surface water or groundwater, including saline waters, within the boundaries of the state.8
When discharging to waters within California’s borders, compliance with both the federal Clean Water Act and the state Porter-Cologne Water Quality Control Act is required in most instances. This includes most federal lands located within California.9 Any person violating these water quality laws may subject that person to fines imposed by the State or Regional Water Boards of up to $10,000 for each day in which the violation occurs plus $10 per gallon of discharge. If the matter is referred to the courts, that court may impose civil fines as high as $25,000 for each day in which the violation occurs.10
In addition to the discharge or proposed discharge of pollutants or waste to the waters of the state, any person or organization who diverts water from a surface stream or other body of surface water or pumps groundwater from a known subterranean stream must file a statement of its diversion and use.11 A Statement of Water Diversion and Use (Statement) must be filed with the State Water Board’s Division of Water Rights for each point of diversion and should identify the amount of water used during the first calendar year. The Statement must be filed with the Division of Water Rights on or before June 30 of the following year. Failure to file a Statement for each diversion that occurred after January 1, 2009, may be subject to civil liabilities that carry a maximum fine of $1,000 plus $500 for each day the violation continues after 30 days of the State Water Board notification of the violation.12 For more information on how to file a Statement and when filing is required, please see:http://www.swrcb.ca.gov/waterrights/water_issues/programs/diversion_use/index.shtml
7 Wat, Code, § 13050, subds. (d) and (q).
8 Id., subd. (e) (emphasis added).
9 E.g., see 36 C.F.R. § 228.8 (Mining operators on Forest Service lands and shall comply with applicable federal and state water quality standards, including regulations issued pursuant to the Clean Water Act.)
10 Wat. Code, §§ 13350, 13385.
11 Wat. Code, § 5101.
12 Wat. Code, § 5107."

NOW, WE NEED A REVOLUTION, THIS CRAP IS GETTING DEEP!!!!!

WORRY LOOKS AROUND, SORRY LOOKS BACK

 

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[Hefty1]

Been doing alot of
All this BS is imo are scare tactics and it seems to be working.
None of these codes overrides the mining laws set by congress years ago.
This is from ca water code 13050
Look at #2 down about half way.....



CAL. WAT. CODE § 13050 : California Code - Section 13050
Search CAL. WAT. CODE § 13050 : California Code - Section 13050
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As used in this division:

(a)"State board" means the State Water Resources Control Board.

(b)"Regional board" means any California regional water quality control board for a region as specified in Section 13200.

(c)"Person" includes any city, county, district, the state, and the United States, to the extent authorized by federal law.

(d)"Waste" includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.

(e)"Waters of the state" means any surface water or groundwater, including saline waters, within the boundaries of the state.

(f)"Beneficial uses" of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.

(g)"Quality of the water" refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water which affect its use.

(h)"Water quality objectives" means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area.

(i)"Water quality control" means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance.

(j)"Water quality control plan" consists of a designation or establishment for the waters within a specified area of all of the following:

(1)Beneficial uses to be protected.

(2)Water quality objectives.

(3)A program of implementation needed for achieving water quality objectives.

(k)"Contamination" means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. "Contamination" includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.

(l)(1)"Pollution" means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following:

(A)The waters for beneficial uses.

(B)Facilities which serve these beneficial uses.

(2)"Pollution" may include "contamination."

(m)"Nuisance" means anything which meets all of the following requirements:

(1)Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

(2)Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

(3)Occurs during, or as a result of, the treatment or disposal of wastes.

(n)"Recycled water" means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource.

(o)"Citizen or domiciliary" of the state includes a foreign corporation having substantial business contacts in the state or which is subject to service of process in this state.

(p)(1)"Hazardous substance" means either of the following:

(A)For discharge to surface waters, any substance determined to be a hazardous substance pursuant to Section 311(b)(2) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).

(B)For discharge to groundwater, any substance listed as a hazardous waste or hazardous material pursuant to Section 25140 of the Health and Safety Code, without regard to whether the substance is intended to be used, reused, or discarded, except that "hazardous substance" does not include any substance excluded from Section 311(b)(2) of the Federal Water Pollution Control Act because it is within the scope of Section 311(a)(1) of that act.




THIS IS VERY INTERESTING>>>>>

(2)"Hazardous substance" does not include any of the following:

(A)Nontoxic, nonflammable, and noncorrosive stormwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers.

(B)Any pesticide which is applied for agricultural purposes or is applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, and is not discharged accidentally or for purposes of disposal, the application of which is in compliance with all applicable state and federal laws and regulations.

(C)Any discharge to surface water of a quantity less than a reportable quantity as determined by regulations issued pursuant to Section 311(b)(4) of the Federal Water Pollution Control Act.

(D)Any discharge to land which results, or probably will result, in a discharge to groundwater if the amount of the discharge to land is less than a reportable quantity, as determined by regulations adopted pursuant to Section 13271, for substances listed as hazardous pursuant to Section 25140 of the Health and Safety Code. No discharge shall be deemed a discharge of a reportable quantity until regulations set a reportable quantity for the substance discharged.

(q)(1)"Mining waste" means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. Mining waste includes, but is not limited to, soil, waste rock, and overburden, as defined in Section 2732 of the Public Resources Code, and tailings, slag, and other processed waste materials, including cementitious materials that are managed at the cement manufacturing facility where the materials were generated.

(2)For the purposes of this subdivision, "cementitious material" means cement, cement kiln dust, clinker, and clinker dust.

(r)"Master recycling permit" means a permit issued to a supplier or a distributor, or both, of recycled water, that includes waste discharge requirements prescribed pursuant to Section 13263 and water recycling requirements prescribed pursuant to Section 13523.1.

 

[Hoser John]

Waterboard had a meeting--supposedly after 3 cancels and location changes too--on monday to cut our throats completely. Latest kalif scam is for the state to deliberately break the law to force them into court as they don't care as you pay both bills-one through taxes and the other straight to your legal team...sic sic sic sad state a affairs--time for yet another 1776 as done with the insanity---John

 

[Lanny in AB]

Yikes!!

All the best,

Lanny

 

[ncclaymaker]

My take on the dredging ban is simple... TAKE YOUR MONEY, YOUR DREDGES, CAMPING DAYS AT LOCAL SITES AND PARKS, ETC. TO NEVADA, OREGON OR WASHINGTON. Let's face it... you've been Californicated and just didn't know it. I lived in SoCal for 12 years and figured it out that the state was over-populated, over-taxed and run by clerks who could care less. Didn't like it... so I left for North Carolina. Life is good.

WATERBOARDING HAS TAKEN ON A NEW MEANING FOR THOSE WILLING TO BE CALIFORNICATED.

May your sluice be blinded, not your judgement.

 

[Alex Burke]

Can I run a goldcube with the hi banker attachment if I'm recycling the water in a tub? It uses a small electric motor run off a battery. I've read many a thread and can't figure it out. I'm in Northern California. Thanks in advance for any answers.

 

[Hoser John]

Party on-John

 

[Alex Burke]

Cool thank you, do you know if this set-up is ok for Auburn Rec or not? Don't plan on going there but might try a couple of tailing spots if it ok to use.

 

[vini]

Bureaucratic micro management, people in the government agencys are so bored they have to make it look like there worth keeping around and this is the cr3P they come up with.

JUST DO IT take it to court if they site you, its time to take this cr3p to court and keep letting the courts throw the cr3p out, the word will get around eventually how ridiculous these agencys are getting

 

[Hoser John]

NNNNNNNNNNNNNOOOOOOOOOOOOOOOOOOOOOOOOOO Auburn is a national recreation area and go to website for regs as an autonomous entity like whiskeytown up here in shasta county,not only no but LL NO-John

 

[vini]

john heir feinstein is talking about making your shasta damn bigger did u hear?

 

[Alex Burke]

Ok thanks I know I've used a sluice there before and had no problems. I just don't understand how it changes anything if I'm running recycled water through it and none of it is in the water. I'm not diverting any water or creating any silt other than in the tub which I could disperse evenly on bank after. The way I read the regulations is that as long as I wait till 4th week in may I could use it. The PDF of the rules seems old and all I could find that was official. I noticed it's the same doc John posted in another thread. I've read everything from pan only gotta use your fingernails to dig, to dredging is ok. I'm aware of the ridiculous amoratorium on dredging and it was part of my reasoning behind getting a highbanking setup. If they are going to make freedom stripping laws and rules the least they could do is concisely post them on their site. Thanks for info guys.