New Bill in State Senate Would Devastate Small-Scale Mining

As if to prove the truth of Judge Gideon J. Tucker's observation that "No man's life, liberty or property are safe while the legislature is in session," Senator Ken Jacobsen (D-Seattle) has introduced SB 6448. This particular piece of legislative perversity has a number of "features" that should prove both perplexing and dismaying to the small-scale mining community. A brief summary follows:

Things get going on page 4 with the definition:

(14) "Small scale prospecting and mining" means the use of only the following methods: Pans; nonmotorized sluice boxes; concentrators; and minirocker boxes for the discovery and recovery of minerals.

This definition sort of leaves the status of dredges, highbankers, mini-highbankers and even spiral wheels in limbo.

Page 10 discloses that Section 6 permit fees will take effect on July 1 as per the schedule on page 11:

$100 for a "Pamphlet permit," which fee must be paid every five years.
$250 for an "Application submittal," plus up to
$5,250 for a "Permit processing fee."
$150 for a "Permit modification."

In case there's any doubt, the language on page 15 makes it clear that these fees apply to small-scale mining and prospecting operations:

(4) Permittees conducting activities under authority of pamphlets issued under this section (Sec. 10. RCW 77.55.091 and 2005 c 146 s 402 - Tom) must possess proof of payment of any applicable fees required by section 6 of this act.

Page 10 also discloses that

Unlawfully undertaking hydraulic project activities is a gross misdemeanor.

The civil penalties for daring to dig the queen's gold without proper authorization are described on pages 12 and 13:

Sec. 8. RCW 77.55.291 and 2005 c 146 s 701 are each amended to read as follows:

(1)(a) The department may levy civil penalties of up to one hundred dollars per day ((for violation of any provisions of RCW 77.55.021)) when a person:

(i) Constructs any form of hydraulic project or performs other work on a hydraulic project and fails to have a hydraulic project approval required under this chapter for such construction or work;
(ii) Violates any requirements or conditions of the hydraulic project approval for the construction or work;
(iii) Fails to pay applicable application submittal or permit processing fees within thirty days of receipt of expedited permits or the written follow-up to emergency oral approvals under RCW 77.55.021;35 or
(iv) Violates any rule adopted under RCW 77.55.021, 77.55.081,2 77.55.091, or section of this act that identifies the time, manner, locations, methods, or other conditions under which an activity is approved or not approved.

This bill is scheduled for a public hearing before the full Natural Resources, Ocean & Recreation Committee on 1/20/2010 at 8:00 A.M. in Senate Hearing Room 2 of the J. A. Cherberg Building in Olympia. (In the meantime, HB 2597, discussed in posts here, here, and here and beneficial to miners, languishes in the House Agriculture and Natural Resources Committee.)

Current information on SB 6448 is available at the link near the top of this post. You may also download a .pdf copy of SB 6448 at the link here and at the link in the right-hand sidebar in the "Legislative Alerts" section of this blog.