HB-1165 Strengthening Mining Reclamation Standards (Fischer-Kefalas/Shaffer)
Posted on January 28, 2008 in Colorado Legislation
- Background: Requires the mined land reclamation board (board) to:Take human health and environmental risks into consideration in the permitting process; Regulate mining operations so as to prevent and mitigate significant adverse environmental impacts; Recognize the established principle of reasonable accommodation; and Protect public health, safety, and welfare, including protection of the environment and wildlife resources. Increases the board to 9 members, including the executive director of the department of public health and environment (department) and one member representing local governments. Gives the department an opportunity to comment during the board's decision-making process. Specifies that construction materials mining operations that alson extract other minerals are subject to the board's jurisdiction. Makes all information submitted to the board a public record other than information relating to the location, size, or nature of an ore deposit. Increases the time to object to or support an application for a permit to 45 days, and increases the time for filing of an appeal to 60 days. Establishes that the funding to ensure that reclamation is achieved should be established as a requirement for permit approval and should be borne by the operator. Requires reclamation costs to be calculated based on when the reclamation is anticipated to occur rather than current costs. Limits the types of proof of financial responsibility that a foreign entity formed under a statute or common law of a jurisdiction outside of the United States may provide. Defines and establishes fees for in situ leach mining. Authorizes the board to take emergency action when an operator fails or refuses to respond to a board order requiring corrective actions for any measure used for in situ leach mining designed to detect, prevent, minimize, or mitigate any adverse impacts on human health, wildlife, or the environment.
- Most Recent Action: 4/3 killed in House Ag committee
- Position: Support