13397. (a) The Legislature finds and declares all of the following:
(1) Thousands of abandoned mines have been identified in this
state. Waste, including acid rock drainage from abandoned mines, has
a devastating effect on aquatic life and has degraded some major
water bodies in the state. Abandoned mines are the overwhelming
source of copper loading to the Sacramento River and the San
Francisco Bay/Sacramento-San Joaquin Delta. In some instances, waste
from abandoned mines can cause public health and safety problems.
(2) The formation of acid rock drainage is a process that can
continue for centuries after the abandonment of a mine and is
difficult to control. The complete elimination of acid rock drainage
is not possible at this time.
(3) Unless action is taken either by public agencies or private
parties, who are not responsible for creating the waste, abandoned
mines will continue to discharge waste indefinitely. The cleanup of
this waste for the protection of the public and the waterways of the
state should be facilitated by limiting the financial responsibility
for that cleanup.
(4) Public agencies and private parties, who are not otherwise
legally responsible for the abandoned mined land, are reluctant to
remediate abandoned mined lands unless they are assured that they
will be held responsible for completing only the remedial work that
they undertake. The public agencies and private parties may be
willing to implement partial remediation but they do not have
sufficient resources to pay the cost of meeting all applicable
regulatory standards.
(b) The Legislature further finds and declares that it is the
policy of the state to establish a program that permits public
agencies and cooperating private parties to reduce the threat to
water quality caused by abandoned mined lands without becoming
responsible for completely remediating abandoned mine waste to a
point that meets water quality objectives and related regulatory
requirements. This program should provide a streamlined process for
the purpose of approving an abandoned mine remediation plan in lieu
of certain state permits and requirements. The implementation of this
program will foster projects to improve water quality while ensuring
that the taxpayers are not unfairly burdened.
13397.5. Unless the context requires otherwise, the following
definitions govern the construction of this chapter:
(a) "Abandoned mine waste" means the residual of soil, rock,
mineral, liquid, vegetation, equipment, machines, tools, or other
materials 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 "abandoned
surface mined area," as defined in clause (ii) of subparagraph (A) of
paragraph (2) of subdivision (b) of Section 2796 of the Public
Resources Code.
(c) "Acid rock drainage" means acid waste discharge that results
from the oxidation of metal sulfide in minerals associated with mined
lands.
(d) "Mined lands" has the same meaning as set forth in Section
2729 of the Public Resources Code.
(e) "Oversight agency" means either the state board or a regional
board. If the remediating agency is a regional board, the state board
shall be the oversight agency. If the remediating agency is the
state board, the oversight agency shall be the Site Designation
Committee established pursuant to Section 25261 of the Health and
Safety Code. The committee shall have the powers and functions
specified in Chapter 6.65 (commencing with Section 25260) of Division
20 of the Health and Safety Code, except that neither the
chairperson of the state board, nor any designee, shall participate
in the actions of the committee relating to the state board as a
remediating agency.
(f) "Remediating agency" or "agency" means any public agency, or
any private individual or entity acting under a cooperative agreement
with a public agency, that prepares and submits a remediation plan
in accordance with this chapter. "Remediating agency" includes, but
is not limited to, a public agency that holds title to abandoned
mined lands for the purpose of remediating those lands or that is
engaging in remediation activities that are incidental to the
ownership of the lands for other than mining purposes. "Remediating
agency" does not include any person or entity that is not a public
agency, that, before implementing an approved remediation plan, owns
or has owned a property interest, other than a security interest, in
the abandoned mined lands being remediated, or is or has been legally
responsible for, or had a direct financial interest in, or
participated 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 the
waters of the state that have been directly and adversely impacted by
abandoned mine waste.
13398. (a) Notwithstanding any other provision of law, a
remediating agency that has implemented an approved remediation plan,
or a public agency that is effecting reclamation of a mine site
pursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9
(commencing with Section 2710) of Division 2 of the Public Resources
Code), shall not be deemed, based on the actions taken to implement
the remediation plan or the reclamation, to be the owner or operator
of the abandoned mined lands, or any structure, improvement, waste
management unit, or facility on the abandoned mined lands, and shall
not be deemed, based on the actions taken to implement the
remediation plan or the reclamation, to be responsible for any
discharge, or the results of any discharge, of abandoned mine waste
on or from any abandoned mined lands, including discharges which have
been affected by the activities of the remediating agency or the
public agency effecting reclamation of a mine site.
(b) Except as provided in paragraph (c), Chapter 5.5 (commencing
with Section 13370), and Section 13398.9, the responsibilities of a
remediating agency are limited to the following:
(1) Submitting a remediation plan to the oversight agency for
approval in accordance with Section 13398.3. A remediation plan may
be submitted in connection with a remediation project that was
commenced or completed prior to January 1, 1996.
(2) Implementing a remediation plan that has been approved by the
oversight agency.
(3) If required by a remediation plan approved by the oversight
agency, maintaining any structure, waste management unit,
improvement, or other facility constructed, improved, or placed on
the abandoned mined lands.
(4) Periodically monitoring and reporting as required by the
oversight agency.
(5) (A) Determining if the remediation plan implemented by the
remediating agency has been effective to provide a substantial
improvement in water quality affected by abandoned mine waste.
(B) If the remediating agency determines that the remediation plan
implemented by the agency is not effective, the remediating agency
shall promptly report that determination to the oversight agency. If
the remediating agency or the oversight agency determines that the
remediation plan implemented by the remediating agency is not
effective, the remediating agency shall submit a modified remediation
plan to the oversight agency which includes a proposal to improve
the plan to make it effective, or a proposal to cease remedial
activities on the abandoned mined lands and return those lands,
including the water quality on those lands, to a condition that
approximates the quality that existed prior to commencing remedial
activities. The remediating agency shall implement the modified
remediation plan as approved by the oversight agency.
(6) Notwithstanding any other provision of law, except as provided
in Chapter 5.5 (commencing with Section 13370), if the remediating
agency implements or has implemented the approved remediation plan
and any modifications to the plan approved by the oversight agency,
the remediating agency, with regard to any discharge of abandoned
mine waste that is the subject of the plan, shall not be required to
achieve water quality objectives or to comply with other requirements
of this division or other laws that are administered by the state
board or the regional boards, and shall not be subject to any
enforcement actions pursuant to state law based on actions taken to
implement the approved remediation plan, except for violations
involving gross negligence, including reckless, willful, or wanton
misconduct, or intentional misconduct by the remediating agency.
(c) The responsibilities of a remediating agency that engages in
surface mining operations, as defined in Section 2735 of the Public
Resources Code, in conjunction with the remediation or reclamation of
abandoned mine waste or that performs reclamation of a surface
mining operation pursuant to Section 2773.1 or 2796 of the Public
Resources Code, include performing the applicable requirements of
Section 2207 of the Public Resources Code and the Surface Mining and
Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of
Division 2 of the Public Resources Code). The State Mining and
Geology Board may grant an exemption from the requirements of Section
2207 of the Public Resources Code or from the Surface Mining and
Reclamation Act of 1975 to a remediating agency and its contractors
solely for the purpose of removing abandoned mine waste in connection
with the implementation of an approved remediation plan.
13398.3. The remediation plan to be submitted by a remediating
agency to the oversight agency shall include all of the following:
(a) Identification of the remediating agency, and a certification
that the remediating agency is a remediating agency as defined in
this chapter.
(b) Identification of the abandoned mined lands that are the
subject of the plan.
(c) Identification of the waters of the state, if any, that are
affected by the abandoned mined lands.
(d) A description of the physical conditions at the abandoned
mined lands that are causing or have caused adverse water quality
impacts.
(e) A description of the practices, including system design and
construction plans, and operation and maintenance plans, proposed to
reduce, control, mitigate, or eliminate the adverse water quality
impacts and a schedule for implementing those practices. If the plan
is prepared for an existing remediation project, the remediation plan
shall include a description of practices that have been implemented
and the practices that are proposed to improve the existing project,
if any.
(f) An analysis demonstrating that the implementation of the
practices described in the plan have caused, or are expected to
cause, a substantial improvement in water quality for the identified
waters.
(g) A description of monitoring or other assessment activities to
be undertaken to evaluate the success of the implemented practices
during and after implementation, including an assessment of baseline
conditions.
(h) A budget and identified funding to pay for the implementation
of the plan.
(i) Remediation goals and objectives.
(j) Contingency plans.
(k) A description of the remediating agency's legal right to enter
and conduct remedial activities.
(l) The signature of an authorized representative of the
remediating 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 Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) in connection with the review of any
remediation plan.
(b) Provide an opportunity for public review of, and comment with
regard to, the remediation plan.
(c) Disapprove, approve, or modify and approve a remediation plan
at a public meeting.
13398.7. (a) The oversight agency may approve the remediation plan
if the oversight agency finds that there is substantial evidence in
the record that the plan will substantially improve water quality
affected by abandoned mine waste.
(b) The oversight agency may approve a remediation plan for a
project that the remediating agency implemented prior to January 1,
1996, if that oversight agency finds that there is substantial
evidence in the record that the project has substantially improved
water quality adversely impacted by mining activities on the
abandoned mined lands undertaken before the project was implemented.
(c) The remediating agency is not required to include in the
remediation plan a plan to achieve water quality objectives, with
regard to any discharge of abandoned mine waste that is the subject
of the plan, to comply with other requirements of this division,
except for Chapter 5.5 (commencing with Section 13370), or to comply
with any other law that is administered by the state board or the
regional boards, with regard to that discharge.
(d) The oversight agency may approve a modification of an approved
remediation plan to permit additional time for completing the
remediation project or to otherwise modify the plan, after an
opportunity for public comment.
(e) If the oversight agency determines that a remediating agency
is not implementing the approved remediation plan in substantial
compliance with its terms, that oversight agency shall notify the
remediating agency of its determination, including the specific
causes for that determination.
(f) If the oversight agency determines that the specific causes
for the determination are not adequately addressed pursuant to
subdivision (e), or if a compliance plan is not submitted to, and
approved by, the oversight agency within 180 days from the date of
the notification pursuant to subdivision (e), the oversight agency
may determine that the remediating agency is in violation of this
chapter. A remediating agency that is in violation of this chapter is
not protected by the limitations on responsibility for remediation
of abandoned mined lands provided by this chapter and may be subject
to any enforcement action authorized by law.
13398.9. (a) This chapter has no effect on the tort liability of a
remediating agency for personal injury or wrongful death.
(b) This chapter has no effect on the liability of a remediating
agency based upon activities other than those undertaken in
connection with the implementation of an approved remediation plan.
(c) This chapter has no effect on the liability of a remediating
agency if that agency, following implementation of an approved
remediation plan, benefits from, or participates in, any mining
operation, including exploration, associated with the abandoned mined
lands subject to the approved remediation plan.
(d) For the purposes of this chapter, the remediation plan for the
Penn Mine property located in Calaveras County shall, if a
memorandum of understanding is entered into by the state and other
appropriate parties, include the terms and conditions set forth in
that memorandum of understanding.
13397. (a) The Legislature finds and declares all of the following:
(1) Thousands of abandoned mines have been identified in this
state. Waste, including acid rock drainage from abandoned mines, has
a devastating effect on aquatic life and has degraded some major
water bodies in the state. Abandoned mines are the overwhelming
source of copper loading to the Sacramento River and the San
Francisco Bay/Sacramento-San Joaquin Delta. In some instances, waste
from abandoned mines can cause public health and safety problems.
(2) The formation of acid rock drainage is a process that can
continue for centuries after the abandonment of a mine and is
difficult to control. The complete elimination of acid rock drainage
is not possible at this time.
(3) Unless action is taken either by public agencies or private
parties, who are not responsible for creating the waste, abandoned
mines will continue to discharge waste indefinitely. The cleanup of
this waste for the protection of the public and the waterways of the
state should be facilitated by limiting the financial responsibility
for that cleanup.
(4) Public agencies and private parties, who are not otherwise
legally responsible for the abandoned mined land, are reluctant to
remediate abandoned mined lands unless they are assured that they
will be held responsible for completing only the remedial work that
they undertake. The public agencies and private parties may be
willing to implement partial remediation but they do not have
sufficient resources to pay the cost of meeting all applicable
regulatory standards.
(b) The Legislature further finds and declares that it is the
policy of the state to establish a program that permits public
agencies and cooperating private parties to reduce the threat to
water quality caused by abandoned mined lands without becoming
responsible for completely remediating abandoned mine waste to a
point that meets water quality objectives and related regulatory
requirements. This program should provide a streamlined process for
the purpose of approving an abandoned mine remediation plan in lieu
of certain state permits and requirements. The implementation of this
program will foster projects to improve water quality while ensuring
that the taxpayers are not unfairly burdened.
13397.5. Unless the context requires otherwise, the following
definitions govern the construction of this chapter:
(a) "Abandoned mine waste" means the residual of soil, rock,
mineral, liquid, vegetation, equipment, machines, tools, or other
materials 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 "abandoned
surface mined area," as defined in clause (ii) of subparagraph (A) of
paragraph (2) of subdivision (b) of Section 2796 of the Public
Resources Code.
(c) "Acid rock drainage" means acid waste discharge that results
from the oxidation of metal sulfide in minerals associated with mined
lands.
(d) "Mined lands" has the same meaning as set forth in Section
2729 of the Public Resources Code.
(e) "Oversight agency" means either the state board or a regional
board. If the remediating agency is a regional board, the state board
shall be the oversight agency. If the remediating agency is the
state board, the oversight agency shall be the Site Designation
Committee established pursuant to Section 25261 of the Health and
Safety Code. The committee shall have the powers and functions
specified in Chapter 6.65 (commencing with Section 25260) of Division
20 of the Health and Safety Code, except that neither the
chairperson of the state board, nor any designee, shall participate
in the actions of the committee relating to the state board as a
remediating agency.
(f) "Remediating agency" or "agency" means any public agency, or
any private individual or entity acting under a cooperative agreement
with a public agency, that prepares and submits a remediation plan
in accordance with this chapter. "Remediating agency" includes, but
is not limited to, a public agency that holds title to abandoned
mined lands for the purpose of remediating those lands or that is
engaging in remediation activities that are incidental to the
ownership of the lands for other than mining purposes. "Remediating
agency" does not include any person or entity that is not a public
agency, that, before implementing an approved remediation plan, owns
or has owned a property interest, other than a security interest, in
the abandoned mined lands being remediated, or is or has been legally
responsible for, or had a direct financial interest in, or
participated 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 the
waters of the state that have been directly and adversely impacted by
abandoned mine waste.
13398. (a) Notwithstanding any other provision of law, a
remediating agency that has implemented an approved remediation plan,
or a public agency that is effecting reclamation of a mine site
pursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9
(commencing with Section 2710) of Division 2 of the Public Resources
Code), shall not be deemed, based on the actions taken to implement
the remediation plan or the reclamation, to be the owner or operator
of the abandoned mined lands, or any structure, improvement, waste
management unit, or facility on the abandoned mined lands, and shall
not be deemed, based on the actions taken to implement the
remediation plan or the reclamation, to be responsible for any
discharge, or the results of any discharge, of abandoned mine waste
on or from any abandoned mined lands, including discharges which have
been affected by the activities of the remediating agency or the
public agency effecting reclamation of a mine site.
(b) Except as provided in paragraph (c), Chapter 5.5 (commencing
with Section 13370), and Section 13398.9, the responsibilities of a
remediating agency are limited to the following:
(1) Submitting a remediation plan to the oversight agency for
approval in accordance with Section 13398.3. A remediation plan may
be submitted in connection with a remediation project that was
commenced or completed prior to January 1, 1996.
(2) Implementing a remediation plan that has been approved by the
oversight agency.
(3) If required by a remediation plan approved by the oversight
agency, maintaining any structure, waste management unit,
improvement, or other facility constructed, improved, or placed on
the abandoned mined lands.
(4) Periodically monitoring and reporting as required by the
oversight agency.
(5) (A) Determining if the remediation plan implemented by the
remediating agency has been effective to provide a substantial
improvement in water quality affected by abandoned mine waste.
(B) If the remediating agency determines that the remediation plan
implemented by the agency is not effective, the remediating agency
shall promptly report that determination to the oversight agency. If
the remediating agency or the oversight agency determines that the
remediation plan implemented by the remediating agency is not
effective, the remediating agency shall submit a modified remediation
plan to the oversight agency which includes a proposal to improve
the plan to make it effective, or a proposal to cease remedial
activities on the abandoned mined lands and return those lands,
including the water quality on those lands, to a condition that
approximates the quality that existed prior to commencing remedial
activities. The remediating agency shall implement the modified
remediation plan as approved by the oversight agency.
(6) Notwithstanding any other provision of law, except as provided
in Chapter 5.5 (commencing with Section 13370), if the remediating
agency implements or has implemented the approved remediation plan
and any modifications to the plan approved by the oversight agency,
the remediating agency, with regard to any discharge of abandoned
mine waste that is the subject of the plan, shall not be required to
achieve water quality objectives or to comply with other requirements
of this division or other laws that are administered by the state
board or the regional boards, and shall not be subject to any
enforcement actions pursuant to state law based on actions taken to
implement the approved remediation plan, except for violations
involving gross negligence, including reckless, willful, or wanton
misconduct, or intentional misconduct by the remediating agency.
(c) The responsibilities of a remediating agency that engages in
surface mining operations, as defined in Section 2735 of the Public
Resources Code, in conjunction with the remediation or reclamation of
abandoned mine waste or that performs reclamation of a surface
mining operation pursuant to Section 2773.1 or 2796 of the Public
Resources Code, include performing the applicable requirements of
Section 2207 of the Public Resources Code and the Surface Mining and
Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of
Division 2 of the Public Resources Code). The State Mining and
Geology Board may grant an exemption from the requirements of Section
2207 of the Public Resources Code or from the Surface Mining and
Reclamation Act of 1975 to a remediating agency and its contractors
solely for the purpose of removing abandoned mine waste in connection
with the implementation of an approved remediation plan.
13398.3. The remediation plan to be submitted by a remediating
agency to the oversight agency shall include all of the following:
(a) Identification of the remediating agency, and a certification
that the remediating agency is a remediating agency as defined in
this chapter.
(b) Identification of the abandoned mined lands that are the
subject of the plan.
(c) Identification of the waters of the state, if any, that are
affected by the abandoned mined lands.
(d) A description of the physical conditions at the abandoned
mined lands that are causing or have caused adverse water quality
impacts.
(e) A description of the practices, including system design and
construction plans, and operation and maintenance plans, proposed to
reduce, control, mitigate, or eliminate the adverse water quality
impacts and a schedule for implementing those practices. If the plan
is prepared for an existing remediation project, the remediation plan
shall include a description of practices that have been implemented
and the practices that are proposed to improve the existing project,
if any.
(f) An analysis demonstrating that the implementation of the
practices described in the plan have caused, or are expected to
cause, a substantial improvement in water quality for the identified
waters.
(g) A description of monitoring or other assessment activities to
be undertaken to evaluate the success of the implemented practices
during and after implementation, including an assessment of baseline
conditions.
(h) A budget and identified funding to pay for the implementation
of the plan.
(i) Remediation goals and objectives.
(j) Contingency plans.
(k) A description of the remediating agency's legal right to enter
and conduct remedial activities.
(l) The signature of an authorized representative of the
remediating 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 Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) in connection with the review of any
remediation plan.
(b) Provide an opportunity for public review of, and comment with
regard to, the remediation plan.
(c) Disapprove, approve, or modify and approve a remediation plan
at a public meeting.
13398.7. (a) The oversight agency may approve the remediation plan
if the oversight agency finds that there is substantial evidence in
the record that the plan will substantially improve water quality
affected by abandoned mine waste.
(b) The oversight agency may approve a remediation plan for a
project that the remediating agency implemented prior to January 1,
1996, if that oversight agency finds that there is substantial
evidence in the record that the project has substantially improved
water quality adversely impacted by mining activities on the
abandoned mined lands undertaken before the project was implemented.
(c) The remediating agency is not required to include in the
remediation plan a plan to achieve water quality objectives, with
regard to any discharge of abandoned mine waste that is the subject
of the plan, to comply with other requirements of this division,
except for Chapter 5.5 (commencing with Section 13370), or to comply
with any other law that is administered by the state board or the
regional boards, with regard to that discharge.
(d) The oversight agency may approve a modification of an approved
remediation plan to permit additional time for completing the
remediation project or to otherwise modify the plan, after an
opportunity for public comment.
(e) If the oversight agency determines that a remediating agency
is not implementing the approved remediation plan in substantial
compliance with its terms, that oversight agency shall notify the
remediating agency of its determination, including the specific
causes for that determination.
(f) If the oversight agency determines that the specific causes
for the determination are not adequately addressed pursuant to
subdivision (e), or if a compliance plan is not submitted to, and
approved by, the oversight agency within 180 days from the date of
the notification pursuant to subdivision (e), the oversight agency
may determine that the remediating agency is in violation of this
chapter. A remediating agency that is in violation of this chapter is
not protected by the limitations on responsibility for remediation
of abandoned mined lands provided by this chapter and may be subject
to any enforcement action authorized by law.
13398.9. (a) This chapter has no effect on the tort liability of a
remediating agency for personal injury or wrongful death.
(b) This chapter has no effect on the liability of a remediating
agency based upon activities other than those undertaken in
connection with the implementation of an approved remediation plan.
(c) This chapter has no effect on the liability of a remediating
agency if that agency, following implementation of an approved
remediation plan, benefits from, or participates in, any mining
operation, including exploration, associated with the abandoned mined
lands subject to the approved remediation plan.
(d) For the purposes of this chapter, the remediation plan for the
Penn Mine property located in Calaveras County shall, if a
memorandum of understanding is entered into by the state and other
appropriate parties, include the terms and conditions set forth in
that memorandum of understanding.
13397. (a) The Legislature finds and declares all of the following:
(1) Thousands of abandoned mines have been identified in this
state. Waste, including acid rock drainage from abandoned mines, has
a devastating effect on aquatic life and has degraded some major
water bodies in the state. Abandoned mines are the overwhelming
source of copper loading to the Sacramento River and the San
Francisco Bay/Sacramento-San Joaquin Delta. In some instances, waste
from abandoned mines can cause public health and safety problems.
(2) The formation of acid rock drainage is a process that can
continue for centuries after the abandonment of a mine and is
difficult to control. The complete elimination of acid rock drainage
is not possible at this time.
(3) Unless action is taken either by public agencies or private
parties, who are not responsible for creating the waste, abandoned
mines will continue to discharge waste indefinitely. The cleanup of
this waste for the protection of the public and the waterways of the
state should be facilitated by limiting the financial responsibility
for that cleanup.
(4) Public agencies and private parties, who are not otherwise
legally responsible for the abandoned mined land, are reluctant to
remediate abandoned mined lands unless they are assured that they
will be held responsible for completing only the remedial work that
they undertake. The public agencies and private parties may be
willing to implement partial remediation but they do not have
sufficient resources to pay the cost of meeting all applicable
regulatory standards.
(b) The Legislature further finds and declares that it is the
policy of the state to establish a program that permits public
agencies and cooperating private parties to reduce the threat to
water quality caused by abandoned mined lands without becoming
responsible for completely remediating abandoned mine waste to a
point that meets water quality objectives and related regulatory
requirements. This program should provide a streamlined process for
the purpose of approving an abandoned mine remediation plan in lieu
of certain state permits and requirements. The implementation of this
program will foster projects to improve water quality while ensuring
that the taxpayers are not unfairly burdened.
13397.5. Unless the context requires otherwise, the following
definitions govern the construction of this chapter:
(a) "Abandoned mine waste" means the residual of soil, rock,
mineral, liquid, vegetation, equipment, machines, tools, or other
materials 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 "abandoned
surface mined area," as defined in clause (ii) of subparagraph (A) of
paragraph (2) of subdivision (b) of Section 2796 of the Public
Resources Code.
(c) "Acid rock drainage" means acid waste discharge that results
from the oxidation of metal sulfide in minerals associated with mined
lands.
(d) "Mined lands" has the same meaning as set forth in Section
2729 of the Public Resources Code.
(e) "Oversight agency" means either the state board or a regional
board. If the remediating agency is a regional board, the state board
shall be the oversight agency. If the remediating agency is the
state board, the oversight agency shall be the Site Designation
Committee established pursuant to Section 25261 of the Health and
Safety Code. The committee shall have the powers and functions
specified in Chapter 6.65 (commencing with Section 25260) of Division
20 of the Health and Safety Code, except that neither the
chairperson of the state board, nor any designee, shall participate
in the actions of the committee relating to the state board as a
remediating agency.
(f) "Remediating agency" or "agency" means any public agency, or
any private individual or entity acting under a cooperative agreement
with a public agency, that prepares and submits a remediation plan
in accordance with this chapter. "Remediating agency" includes, but
is not limited to, a public agency that holds title to abandoned
mined lands for the purpose of remediating those lands or that is
engaging in remediation activities that are incidental to the
ownership of the lands for other than mining purposes. "Remediating
agency" does not include any person or entity that is not a public
agency, that, before implementing an approved remediation plan, owns
or has owned a property interest, other than a security interest, in
the abandoned mined lands being remediated, or is or has been legally
responsible for, or had a direct financial interest in, or
participated 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 the
waters of the state that have been directly and adversely impacted by
abandoned mine waste.
13398. (a) Notwithstanding any other provision of law, a
remediating agency that has implemented an approved remediation plan,
or a public agency that is effecting reclamation of a mine site
pursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9
(commencing with Section 2710) of Division 2 of the Public Resources
Code), shall not be deemed, based on the actions taken to implement
the remediation plan or the reclamation, to be the owner or operator
of the abandoned mined lands, or any structure, improvement, waste
management unit, or facility on the abandoned mined lands, and shall
not be deemed, based on the actions taken to implement the
remediation plan or the reclamation, to be responsible for any
discharge, or the results of any discharge, of abandoned mine waste
on or from any abandoned mined lands, including discharges which have
been affected by the activities of the remediating agency or the
public agency effecting reclamation of a mine site.
(b) Except as provided in paragraph (c), Chapter 5.5 (commencing
with Section 13370), and Section 13398.9, the responsibilities of a
remediating agency are limited to the following:
(1) Submitting a remediation plan to the oversight agency for
approval in accordance with Section 13398.3. A remediation plan may
be submitted in connection with a remediation project that was
commenced or completed prior to January 1, 1996.
(2) Implementing a remediation plan that has been approved by the
oversight agency.
(3) If required by a remediation plan approved by the oversight
agency, maintaining any structure, waste management unit,
improvement, or other facility constructed, improved, or placed on
the abandoned mined lands.
(4) Periodically monitoring and reporting as required by the
oversight agency.
(5) (A) Determining if the remediation plan implemented by the
remediating agency has been effective to provide a substantial
improvement in water quality affected by abandoned mine waste.
(B) If the remediating agency determines that the remediation plan
implemented by the agency is not effective, the remediating agency
shall promptly report that determination to the oversight agency. If
the remediating agency or the oversight agency determines that the
remediation plan implemented by the remediating agency is not
effective, the remediating agency shall submit a modified remediation
plan to the oversight agency which includes a proposal to improve
the plan to make it effective, or a proposal to cease remedial
activities on the abandoned mined lands and return those lands,
including the water quality on those lands, to a condition that
approximates the quality that existed prior to commencing remedial
activities. The remediating agency shall implement the modified
remediation plan as approved by the oversight agency.
(6) Notwithstanding any other provision of law, except as provided
in Chapter 5.5 (commencing with Section 13370), if the remediating
agency implements or has implemented the approved remediation plan
and any modifications to the plan approved by the oversight agency,
the remediating agency, with regard to any discharge of abandoned
mine waste that is the subject of the plan, shall not be required to
achieve water quality objectives or to comply with other requirements
of this division or other laws that are administered by the state
board or the regional boards, and shall not be subject to any
enforcement actions pursuant to state law based on actions taken to
implement the approved remediation plan, except for violations
involving gross negligence, including reckless, willful, or wanton
misconduct, or intentional misconduct by the remediating agency.
(c) The responsibilities of a remediating agency that engages in
surface mining operations, as defined in Section 2735 of the Public
Resources Code, in conjunction with the remediation or reclamation of
abandoned mine waste or that performs reclamation of a surface
mining operation pursuant to Section 2773.1 or 2796 of the Public
Resources Code, include performing the applicable requirements of
Section 2207 of the Public Resources Code and the Surface Mining and
Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of
Division 2 of the Public Resources Code). The State Mining and
Geology Board may grant an exemption from the requirements of Section
2207 of the Public Resources Code or from the Surface Mining and
Reclamation Act of 1975 to a remediating agency and its contractors
solely for the purpose of removing abandoned mine waste in connection
with the implementation of an approved remediation plan.
13398.3. The remediation plan to be submitted by a remediating
agency to the oversight agency shall include all of the following:
(a) Identification of the remediating agency, and a certification
that the remediating agency is a remediating agency as defined in
this chapter.
(b) Identification of the abandoned mined lands that are the
subject of the plan.
(c) Identification of the waters of the state, if any, that are
affected by the abandoned mined lands.
(d) A description of the physical conditions at the abandoned
mined lands that are causing or have caused adverse water quality
impacts.
(e) A description of the practices, including system design and
construction plans, and operation and maintenance plans, proposed to
reduce, control, mitigate, or eliminate the adverse water quality
impacts and a schedule for implementing those practices. If the plan
is prepared for an existing remediation project, the remediation plan
shall include a description of practices that have been implemented
and the practices that are proposed to improve the existing project,
if any.
(f) An analysis demonstrating that the implementation of the
practices described in the plan have caused, or are expected to
cause, a substantial improvement in water quality for the identified
waters.
(g) A description of monitoring or other assessment activities to
be undertaken to evaluate the success of the implemented practices
during and after implementation, including an assessment of baseline
conditions.
(h) A budget and identified funding to pay for the implementation
of the plan.
(i) Remediation goals and objectives.
(j) Contingency plans.
(k) A description of the remediating agency's legal right to enter
and conduct remedial activities.
(l) The signature of an authorized representative of the
remediating 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 Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) in connection with the review of any
remediation plan.
(b) Provide an opportunity for public review of, and comment with
regard to, the remediation plan.
(c) Disapprove, approve, or modify and approve a remediation plan
at a public meeting.
13398.7. (a) The oversight agency may approve the remediation plan
if the oversight agency finds that there is substantial evidence in
the record that the plan will substantially improve water quality
affected by abandoned mine waste.
(b) The oversight agency may approve a remediation plan for a
project that the remediating agency implemented prior to January 1,
1996, if that oversight agency finds that there is substantial
evidence in the record that the project has substantially improved
water quality adversely impacted by mining activities on the
abandoned mined lands undertaken before the project was implemented.
(c) The remediating agency is not required to include in the
remediation plan a plan to achieve water quality objectives, with
regard to any discharge of abandoned mine waste that is the subject
of the plan, to comply with other requirements of this division,
except for Chapter 5.5 (commencing with Section 13370), or to comply
with any other law that is administered by the state board or the
regional boards, with regard to that discharge.
(d) The oversight agency may approve a modification of an approved
remediation plan to permit additional time for completing the
remediation project or to otherwise modify the plan, after an
opportunity for public comment.
(e) If the oversight agency determines that a remediating agency
is not implementing the approved remediation plan in substantial
compliance with its terms, that oversight agency shall notify the
remediating agency of its determination, including the specific
causes for that determination.
(f) If the oversight agency determines that the specific causes
for the determination are not adequately addressed pursuant to
subdivision (e), or if a compliance plan is not submitted to, and
approved by, the oversight agency within 180 days from the date of
the notification pursuant to subdivision (e), the oversight agency
may determine that the remediating agency is in violation of this
chapter. A remediating agency that is in violation of this chapter is
not protected by the limitations on responsibility for remediation
of abandoned mined lands provided by this chapter and may be subject
to any enforcement action authorized by law.
13398.9. (a) This chapter has no effect on the tort liability of a
remediating agency for personal injury or wrongful death.
(b) This chapter has no effect on the liability of a remediating
agency based upon activities other than those undertaken in
connection with the implementation of an approved remediation plan.
(c) This chapter has no effect on the liability of a remediating
agency if that agency, following implementation of an approved
remediation plan, benefits from, or participates in, any mining
operation, including exploration, associated with the abandoned mined
lands subject to the approved remediation plan.
(d) For the purposes of this chapter, the remediation plan for the
Penn Mine property located in Calaveras County shall, if a
memorandum of understanding is entered into by the state and other
appropriate parties, include the terms and conditions set forth in
that memorandum of understanding.
