SECTIONS 13397-13398.9

13397.  (a) The Legislature finds and declares all of the following: (1) Thousands of abandoned mines have been identified in thisstate. Waste, including acid rock drainage from abandoned mines, hasa devastating effect on aquatic life and has degraded some majorwater bodies in the state. Abandoned mines are the overwhelmingsource of copper loading to the Sacramento River and the SanFrancisco Bay/Sacramento-San Joaquin Delta. In some instances, wastefrom abandoned mines can cause public health and safety problems. (2) The formation of acid rock drainage is a process that cancontinue for centuries after the abandonment of a mine and isdifficult to control. The complete elimination of acid rock drainageis not possible at this time. (3) Unless action is taken either by public agencies or privateparties, who are not responsible for creating the waste, abandonedmines will continue to discharge waste indefinitely. The cleanup ofthis waste for the protection of the public and the waterways of thestate should be facilitated by limiting the financial responsibilityfor that cleanup. (4) Public agencies and private parties, who are not otherwiselegally responsible for the abandoned mined land, are reluctant toremediate abandoned mined lands unless they are assured that theywill be held responsible for completing only the remedial work thatthey undertake. The public agencies and private parties may bewilling to implement partial remediation but they do not havesufficient resources to pay the cost of meeting all applicableregulatory standards. (b) The Legislature further finds and declares that it is thepolicy of the state to establish a program that permits publicagencies and cooperating private parties to reduce the threat towater quality caused by abandoned mined lands without becomingresponsible for completely remediating abandoned mine waste to apoint that meets water quality objectives and related regulatoryrequirements. This program should provide a streamlined process forthe purpose of approving an abandoned mine remediation plan in lieuof certain state permits and requirements. The implementation of thisprogram will foster projects to improve water quality while ensuringthat the taxpayers are not unfairly burdened.13397.5.  Unless the context requires otherwise, the followingdefinitions govern the construction of this chapter: (a) "Abandoned mine waste" means the residual of soil, rock,mineral, liquid, vegetation, equipment, machines, tools, or othermaterials or property on, or discharging from, abandoned mined lands,directly resulting from, or displaced by, surface mining operations. (b) "Abandoned mined lands" has the same meaning as "abandonedsurface mined area," as defined in clause (ii) of subparagraph (A) ofparagraph (2) of subdivision (b) of Section 2796 of the PublicResources Code. (c) "Acid rock drainage" means acid waste discharge that resultsfrom the oxidation of metal sulfide in minerals associated with minedlands. (d) "Mined lands" has the same meaning as set forth in Section2729 of the Public Resources Code. (e) "Oversight agency" means either the state board or a regionalboard. If the remediating agency is a regional board, the state boardshall be the oversight agency. If the remediating agency is thestate board, the oversight agency shall be the Site DesignationCommittee established pursuant to Section 25261 of the Health andSafety Code. The committee shall have the powers and functionsspecified in Chapter 6.65 (commencing with Section 25260) of Division20 of the Health and Safety Code, except that neither thechairperson of the state board, nor any designee, shall participatein the actions of the committee relating to the state board as aremediating agency. (f) "Remediating agency" or "agency" means any public agency, orany private individual or entity acting under a cooperative agreementwith a public agency, that prepares and submits a remediation planin accordance with this chapter. "Remediating agency" includes, butis not limited to, a public agency that holds title to abandonedmined lands for the purpose of remediating those lands or that isengaging in remediation activities that are incidental to theownership of the lands for other than mining purposes. "Remediatingagency" does not include any person or entity that is not a publicagency, that, before implementing an approved remediation plan, ownsor has owned a property interest, other than a security interest, inthe abandoned mined lands being remediated, or is or has been legallyresponsible for, or had a direct financial interest in, orparticipated in, any mining operation, including exploration,associated with the abandoned mined lands being remediated. (g) "Remediation plan" means a plan to improve the quality of thewaters of the state that have been directly and adversely impacted byabandoned mine waste.13398.  (a) Notwithstanding any other provision of law, aremediating agency that has implemented an approved remediation plan,or a public agency that is effecting reclamation of a mine sitepursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9(commencing with Section 2710) of Division 2 of the Public ResourcesCode), shall not be deemed, based on the actions taken to implementthe remediation plan or the reclamation, to be the owner or operatorof the abandoned mined lands, or any structure, improvement, wastemanagement unit, or facility on the abandoned mined lands, and shallnot be deemed, based on the actions taken to implement theremediation plan or the reclamation, to be responsible for anydischarge, or the results of any discharge, of abandoned mine wasteon or from any abandoned mined lands, including discharges which havebeen affected by the activities of the remediating agency or thepublic agency effecting reclamation of a mine site. (b) Except as provided in paragraph (c), Chapter 5.5 (commencingwith Section 13370), and Section 13398.9, the responsibilities of aremediating agency are limited to the following: (1) Submitting a remediation plan to the oversight agency forapproval in accordance with Section 13398.3. A remediation plan maybe submitted in connection with a remediation project that wascommenced or completed prior to January 1, 1996. (2) Implementing a remediation plan that has been approved by theoversight agency. (3) If required by a remediation plan approved by the oversightagency, maintaining any structure, waste management unit,improvement, or other facility constructed, improved, or placed onthe abandoned mined lands. (4) Periodically monitoring and reporting as required by theoversight agency. (5) (A) Determining if the remediation plan implemented by theremediating agency has been effective to provide a substantialimprovement in water quality affected by abandoned mine waste. (B) If the remediating agency determines that the remediation planimplemented by the agency is not effective, the remediating agencyshall promptly report that determination to the oversight agency. Ifthe remediating agency or the oversight agency determines that theremediation plan implemented by the remediating agency is noteffective, the remediating agency shall submit a modified remediationplan to the oversight agency which includes a proposal to improvethe plan to make it effective, or a proposal to cease remedialactivities on the abandoned mined lands and return those lands,including the water quality on those lands, to a condition thatapproximates the quality that existed prior to commencing remedialactivities. The remediating agency shall implement the modifiedremediation plan as approved by the oversight agency. (6) Notwithstanding any other provision of law, except as providedin Chapter 5.5 (commencing with Section 13370), if the remediatingagency implements or has implemented the approved remediation planand any modifications to the plan approved by the oversight agency,the remediating agency, with regard to any discharge of abandonedmine waste that is the subject of the plan, shall not be required toachieve water quality objectives or to comply with other requirementsof this division or other laws that are administered by the stateboard or the regional boards, and shall not be subject to anyenforcement actions pursuant to state law based on actions taken toimplement the approved remediation plan, except for violationsinvolving gross negligence, including reckless, willful, or wantonmisconduct, or intentional misconduct by the remediating agency. (c) The responsibilities of a remediating agency that engages insurface mining operations, as defined in Section 2735 of the PublicResources Code, in conjunction with the remediation or reclamation ofabandoned mine waste or that performs reclamation of a surfacemining operation pursuant to Section 2773.1 or 2796 of the PublicResources Code, include performing the applicable requirements ofSection 2207 of the Public Resources Code and the Surface Mining andReclamation Act of 1975 (Chapter 9 (commencing with Section 2710) ofDivision 2 of the Public Resources Code). The State Mining andGeology Board may grant an exemption from the requirements of Section2207 of the Public Resources Code or from the Surface Mining andReclamation Act of 1975 to a remediating agency and its contractorssolely for the purpose of removing abandoned mine waste in connectionwith the implementation of an approved remediation plan.13398.3.  The remediation plan to be submitted by a remediatingagency to the oversight agency shall include all of the following: (a) Identification of the remediating agency, and a certificationthat the remediating agency is a remediating agency as defined inthis chapter. (b) Identification of the abandoned mined lands that are thesubject of the plan. (c) Identification of the waters of the state, if any, that areaffected by the abandoned mined lands. (d) A description of the physical conditions at the abandonedmined lands that are causing or have caused adverse water qualityimpacts. (e) A description of the practices, including system design andconstruction plans, and operation and maintenance plans, proposed toreduce, control, mitigate, or eliminate the adverse water qualityimpacts and a schedule for implementing those practices. If the planis prepared for an existing remediation project, the remediation planshall include a description of practices that have been implementedand the practices that are proposed to improve the existing project,if any. (f) An analysis demonstrating that the implementation of thepractices described in the plan have caused, or are expected tocause, a substantial improvement in water quality for the identifiedwaters. (g) A description of monitoring or other assessment activities tobe undertaken to evaluate the success of the implemented practicesduring and after implementation, including an assessment of baselineconditions. (h) A budget and identified funding to pay for the implementationof the plan. (i) Remediation goals and objectives. (j) Contingency plans. (k) A description of the remediating agency's legal right to enterand conduct remedial activities. (l) The signature of an authorized representative of theremediating agency. (m) Identification of the pollutants to be addressed by the plan.13398.5.  The oversight agency shall do all of the following: (a) Comply with the requirements of the California EnvironmentalQuality Act (Division 13 (commencing with Section 21000) of thePublic Resources Code) in connection with the review of anyremediation plan. (b) Provide an opportunity for public review of, and comment withregard to, the remediation plan. (c) Disapprove, approve, or modify and approve a remediation planat a public meeting.13398.7.  (a) The oversight agency may approve the remediation planif the oversight agency finds that there is substantial evidence inthe record that the plan will substantially improve water qualityaffected by abandoned mine waste. (b) The oversight agency may approve a remediation plan for aproject that the remediating agency implemented prior to January 1,1996, if that oversight agency finds that there is substantialevidence in the record that the project has substantially improvedwater quality adversely impacted by mining activities on theabandoned mined lands undertaken before the project was implemented. (c) The remediating agency is not required to include in theremediation plan a plan to achieve water quality objectives, withregard to any discharge of abandoned mine waste that is the subjectof the plan, to comply with other requirements of this division,except for Chapter 5.5 (commencing with Section 13370), or to complywith any other law that is administered by the state board or theregional boards, with regard to that discharge. (d) The oversight agency may approve a modification of an approvedremediation plan to permit additional time for completing theremediation project or to otherwise modify the plan, after anopportunity for public comment. (e) If the oversight agency determines that a remediating agencyis not implementing the approved remediation plan in substantialcompliance with its terms, that oversight agency shall notify theremediating agency of its determination, including the specificcauses for that determination. (f) If the oversight agency determines that the specific causesfor the determination are not adequately addressed pursuant tosubdivision (e), or if a compliance plan is not submitted to, andapproved by, the oversight agency within 180 days from the date ofthe notification pursuant to subdivision (e), the oversight agencymay determine that the remediating agency is in violation of thischapter. A remediating agency that is in violation of this chapter isnot protected by the limitations on responsibility for remediationof abandoned mined lands provided by this chapter and may be subjectto any enforcement action authorized by law.13398.9.  (a) This chapter has no effect on the tort liability of aremediating agency for personal injury or wrongful death. (b) This chapter has no effect on the liability of a remediatingagency based upon activities other than those undertaken inconnection with the implementation of an approved remediation plan. (c) This chapter has no effect on the liability of a remediatingagency if that agency, following implementation of an approvedremediation plan, benefits from, or participates in, any miningoperation, including exploration, associated with the abandoned minedlands subject to the approved remediation plan. (d) For the purposes of this chapter, the remediation plan for thePenn Mine property located in Calaveras County shall, if amemorandum of understanding is entered into by the state and otherappropriate parties, include the terms and conditions set forth inthat memorandum of understanding.