SB161 S EIM AM #1

Fisher 7874

The Committee on Energy, Industry and Mining moved to amend the bill on page one, section one, line five, after the word “authorized” by striking out the period and adding the following: with the following amendments:

On page 147, by striking out all of paragraph 12.2.a.4. and inserting in lieu thereof a new paragraph 12.2.a.4. to read as follows:

12.2.a.4. Notwithstanding any other provisions of this rule to the contrary, the Secretary will not release or reduce the bond if, at the time, water discharged from or affected by the operation requires chemical or passive treatment in order to comply with applicable effluent limitations standards. Permit-approved measures taken during operations to prevent the formation of acid drainage shall not be considered passive treatment; Provided, That the Secretary may approve a request for release if the applicant demonstrates to the satisfaction of the Secretary that either:;

And,

On page 148, by striking out all of subparagraph 12.2.a.4.B. and inserting in lieu thereof a new subparagraph 12.2.a.4.B. to read as follows:

12.2.a.4.B. The operator has provided assurances in a form satisfactory to the Secretary through a contract or other mechanism enforceable under provisions of law adequate to provide for long term treatment of the drainage.  Default on a treatment obligation under this paragraph will subject the operator to penalties and sanctions, including permit blocking.

In order to make this demonstration, the applicant shall address, at a minimum, the current and projected quantity and quality of drainage to be treated, the anticipated duration of treatment, the estimated capital and operating cost of the treatment facility, and the calculations that demonstrate the adequacy of the remaining bond or other financial assurance.

Adopted

Rejected