SB637 amended in assembly 7/7/15

[fowledup]

Bill Text - SB-637 Suction dredge mining: permits.

Some new and significant changes to the bill:

(2) The department may adjust the base fees for a permit described in this subdivision to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities.
(e) It is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges.
(f) For purposes of this section and Section 5653.1, a suction dredge is equipment used for mining operations that contains any of the following:
(1) A hose that vacuums sediment from the bed or bank of a river, stream, or lake.
(2) A motorized pump.
(3) A motorized sluice box.
(4) Related small-scale mechanized mining equipment.

 

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[CA Gold Hunter]

Does #4 make pvc hand pumps illegal now or am I reading that wrong?

 

[fowledup]

I'm sure they will say that is not the intent but who's to say that if an leo wanted to cite you, you would be obliged to defend it

Blacks Law Dictionary- What is MACHINE?

In patent law. Any contrivance used to regulate or augment force or motion; more properly, a complex structure, cousisting of a combination, or peculiar modification, of the mechanical powers.The term "machine," in patent law, includes every mechanical device, or combination of mechanical powers and devices, to perform some function and produce a certain effect or result. But where the result or effect is produced by chemical action, by the operation or application of some element or power of nature, or of one substance to another, such modes, methods, or operations are called "processes." A new process is usually the result of discovery; a machine, of inventtion.


American Heritage Dictionary--
mechanized
Also found in: Legal, Acronyms, Encyclopedia, Wikipedia.
mech·a·nize (mĕk′ə-nīz′)
tr.v. mech·a·nized, mech·a·niz·ing, mech·a·niz·es
1. To equip with machinery: mechanize a factory.
2. To equip (a military unit) with motor vehicles, such as tanks and trucks.
3. To make automatic or unspontaneous; render routine or monotonous.
4. To produce by or as if by machines.

 

[winners58]

if it were to pass wouldn't we want some checks & balances written in.
you could still strongly oppose this bill but say if it were to pass we would like to have stakeholder status

and it should only include facts based closure for mercury like 303d category 5 list with a strict timeline for TMDL's

equipment that does not exceed water quality limits should not have to apply or pay a fee.

shouldn't be based on the tools, if anything its a "point source" you can have lower water quality for short periods in a mixing zone.
the standard is a 300ft mixing zone, anything under a 4 inch dredge will not exceed these standards under the CWA
you could say they still have to follow best management practices and maybe carry a copy with them.

the permit should not be based on mining waste if anything its non-process wash-water
in California its a longstanding common rule that anything in the water stays in the water anything from outside stays out of the water.
the stream bed materiel is already cleaned as opposed to rock that has a coating of dirt like high-banking.

also in these drought conditions off stream mining should be allowed closer so that the water is filtered back into the stream from holding ponds.

maybe an MAO until the permit is completed, like 30 days from passage they could issue a mutual agreement order something with BMP's
to still have a dredging season this year.

if, I say if but this will probably pass, what would be workable for miners
look at Oregon's DEQ 700pm its not good but at least we can still dredge

testimony wont get it. you would have to find a lobbyist if you want anything put in that would be helpful to miners.

 

[SLNugget]

if it were to pass wouldn't we want some checks & balances written in.
you could still strongly oppose this bill but say if it were to pass we would like to have stakeholder status

and it should only include facts based closure for mercury like 303d category 5 list with a strict timeline for TMDL's

equipment that does not exceed water quality limits should not have to apply or pay a fee.

shouldn't be based on the tools, if anything its a "point source" you can have lower water quality for short periods in a mixing zone.
the standard is a 300ft mixing zone, anything under a 4 inch dredge will not exceed these standards under the CWA
you could say they still have to follow best management practices and maybe carry a copy with them.

the permit should not be based on mining waste if anything its non-process wash-water
in California its a longstanding common rule that anything in the water stays in the water anything from outside stays out of the water.
the stream bed materiel is already cleaned as opposed to rock that has a coating of dirt like high-banking.

also in these drought conditions off stream mining should be allowed closer so that the water is filtered back into the stream from holding ponds.

maybe an MAO until the permit is completed, like 30 days from passage they could issue a mutual agreement order something with BMP's
to still have a dredging season this year.

if, I say if but this will probably pass, what would be workable for miners
look at Oregon's DEQ 700pm its not good but at least we can still dredge

testimony wont get it. you would have to find a lobbyist if you want anything put in that would be helpful to miners.

Does that equate to "BAGMAN" ?

 

[Hoser John]

In court mandated arbitration Stopher is still mandating that it takes $2.5 million a year to ADMINISTRATE and police us with SPECIAL cops...such insane bs as cops already there and all they do is take your money for a permit and write tickets. Do the godawful math 2.5 mil divided by 1,200 permits with a lousy 4" dredge and not within 3' of a shore. Most of my mining IS in creeks barely 5' wide. THEN them ungodly 2012 regs have miniscule season-winter-in non gold producing creeks by 95++% so no yaaa today =OMG. John

 

[Clay Diggins]

"Point source" and "mixing zone" aren't even factors. The Supreme Court has already defined those terms to NOT be applicable to instream activity.

The amazing thing to me is how after people have been wronged by government action they are eager to line up for more regulation. The facts haven't changed in all these years. Dredging isn't any more damaging than it was in 1970. If you want regulations why not go all the way back to no regulation that served miners and the State very well for 150 years.

The Little Hoover Commission permit result was a rollover by the miners in my opinion. How and why suction mining became part and parcel with public works and channel dredging is a subject for another thread. Suffice it to say the mistake was in joining the dance - not in who was doing the dancing. With these recent rulings miners should be shooting for the moon - not just deeper into more regulations and nuisance.

Hoser your friend needs to get a better understanding how the court system works. 800 pages is massively stupid - the court will probably instruct him on where he can find the "rules of court" once and then throw him out if he still brings that much dreck into the case. A good case can always be stated in a dozen or so pages at most. This isn't television law, it's the real thing, and there are rules about how you conduct yourself.

There is a great opportunity for the profession of mining to reassert it's rights in California. If you get bogged down in details about dredging regulation you are missing the point. It's time to think in terms of the freedom granted in the mining acts. Getting buried in discussions of how much more regulation you would be willing to accept so you can dredge is a disservice to all miners in my opinion.

Heavy Pans

 

[beekbuster]

This bill makes gravity dredge and any high banker fall under this law

 

[Hoser John]

Clay, Yes we agree on size insanity. He hired a retired ol'lawyer as ALL his costs over this 7 year fight in courts has been from his OWN pocket-no help from nobody else except Eric from WMA. It's being chopped to pieces as akin to mining,you must remove the legalese overburden to aquire the nuggets of wisdom contained within. A jog from which only the strong will survive. I have found a couple of those nuggets in the Little Hoover Com Report also. KEEP digging or that's ALL we will ever be left to do. Regulations are NOT accepted but shoved down our collective throats by gunpoint, tickets and confiscation of our precious toys....John