[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6313873,"mediaKeyId","2386512-e009a0a848fac117052e498b7660e6f9","parentId",2386512,"title","Senate panel hears bill to clarify when mine detention ponds are in compliance after storms","audioSeconds",1359,"startMs",256990,"endMs",1616720,"viewUrl","/Search/View?dp=1&key=2386512-e009a0a848fac117052e498b7660e6f9&start=256&end=1616","thumbnailUrl","https://assets.pipeline.soar.com/2386512-e009a0a848fac117052e498b7660e6f9/thumbnail_256990.jpg","articleUrl","/articles/6313873/Montana/Senate-panel-hears-bill-to-clarify-when-mine-detention-ponds-are-in-compliance-after-storms","mediaUrl","https://secure.pipeline.soar.com/6313873-8f34134da815ef2ce9e2e8d8afa80596/orig.mp4?Expires=1771199791&Signature=IJ~7MlM~WrJNxM8oL6-TzqS0WwuRYoNt02ks4jC31j8yYyX1b7w9JeuGggr1396WlbKh35Tu5yOpIX85koGiYUYLB72QOi~8C3aEvxyJhxNQGCDeGIYkzMIurKfhqL57OIhRVWne7juKukFNnUj58WaHW1SUrMD3cVQRdOkKu5trZO3XVg6-2M9PMHMst4~GwIGmzin0cLdi8YkLUoXsKJFYYrNqe2jSz6lFDhpnejxvTHAnY2EguBTZu7S7NoGuWhN5l9KSedwsN8~mVXR2XWS7cWMca1FBZiQ7OJihYewu~3FlU6pWB07Yrwl09y3~rPOT0yvlZVMVfukR0Ru8wQ__&Key-Pair-Id=KUT5TJCACFTXG","author","Montana Legislature","date","2025-02-24T00:00:00Z","article","Senate Natural Resources Committee members heard testimony on Senate Bill 365 on Jan. 20, when sponsor Sen. Barry Usher said the measure would clarify compliance determinations for mine-site detention ponds that overflow after back-to-back storms.

The bill would specify that a detention pond designed under current rule for a 10-year, 24-hour storm is not automatically out of compliance if a series of storms fills the pond, provided the pond was designed to rule specifications and the operator is working “towards dewatering the detention pond in a timely fashion.”

Proponents from the coal industry said the change is a technical clarification that preserves mines’ responsibility for water quality while avoiding automatic penalties. Opponents, including the Montana Environmental Information Center and ranchers, urged stronger language tying the bill to federal Clean Water Act obligations and expressed concern about reduced public notice and enforcement incentives.

\"All SB 65 does is specify that as long as the detention pond is designed in accordance with the specifications outlined in rule and that the operator is working towards dewatering the detention pond in a timely fashion, the pond would be determined to be in compliance with permit conditions even during large storm events that may exceed the capacity of the pond,\" sponsor Sen. Barry Usher said in opening remarks.

Darryl L. James, representing Westmoreland Mining (operator of the Rosebud mine), said detention ponds are sized to capture a 10-year, 24-hour storm and that enlarging ponds to avoid every exceedance would be costly and could harm downstream users by holding back more water than necessary. \"This is just a clarification in statute to make sure that if we design and construct a detention facility per code, that we are in compliance even if we have a series of storm events that exceed that design capacity,\" James said.

George Harris of the Montana Coal Council and Matt Vincent of the Montana Mining Association also testified in support, calling the bill a reasonable balance between environmental protection and operational predictability. Proponents repeatedly emphasized that the bill does not change the operator’s obligation to meet permitted discharge water-quality standards, including MPDES requirements.

Derf Johnson of the Montana Environmental Information Center said he would seek an amendment to make explicit that compliance under the bill does not relieve operators of Clean Water Act obligations. \"If that's the case, I think that that should be included in this language,\" Johnson testified.

Ellen Pfister (Pfister), an opponent, said mine spoils are highly erosive and should be contained on site. \"The permit means to keep the damages on the permit site, not leaving it,\" Pfister said.

Dan Walsh, division administrator for air, energy and mining at Montana Department of Environmental Quality (DEQ), told senators DEQ inspects coal mines monthly and documents pond capacity during inspections. He said DEQ receives regular reporting, including annual hydro reports, and that inspectors look at capacity and would follow up if ponds remained at or near capacity.

Senators asked how DEQ would retain enforcement \"teeth\" and whether monthly inspections and reporting requirements are sufficient to ensure timely dewatering and dredging. Walsh said DEQ retains discretion to find noncompliance if an operator fails to dewater and maintain ponds in a timely fashion; the bill would remove an automatic determination of noncompliance tied solely to design-capacity exceedance.

The hearing closed without a committee vote; Usher asked for a \"do pass\". The committee moved on to additional bills on its agenda.

Why it matters: Mining detention ponds are a primary control for silt and runoff on mine sites. The bill addresses how regulators and operators treat overflow after consecutive storms, a detailed technical point that proponents say avoids unintended penalties while opponents worry it could weaken enforcement or public transparency if not tied explicitly to existing water-quality law.","mediaType","Video","parentTitle","Senate Natural Resources","oneSentenceSummary","Senate Natural Resources Committee members heard testimony on Senate Bill 365 on Jan. 20, when sponsor Sen. Barry Usher said the measure would clarify compliance determinations for mine-site detention ponds that overflow after back-to-back storms.","taxTitle","2025 Legislature MT, Montana","taxId",77694,"location","Montana","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6313865,"Natural Resources committee moves two bills out of committee unanimously",188,3268260,3456750,"/Search/View?dp=1&key=2386512-e009a0a848fac117052e498b7660e6f9&start=3268&end=3456","https://assets.pipeline.soar.com/2386512-e009a0a848fac117052e498b7660e6f9/thumbnail_3268260.jpg","/articles/6313865/Montana/Natural-Resources-committee-moves-two-bills-out-of-committee-unanimously","https://secure.pipeline.soar.com/6313865-96d2b257db5d0a5ac2065a767f5116d2/orig.mp4?Expires=1771199791&Signature=Amnvc3eik3kL3JfawNltRXPcULf7QZdfn4RPS7c6hAV8MW8AU4bbhYRMwT8eSHV~6j7yrJJDQTeVS36j6PZgbzoJSS8aLvq2U-OY~Q~BkPyhYyVm54czSDr6Wlt4oyt5os1hIUvcb8Cwr2FeF~WzjbuBeN80N1sjUDxX1m5iwf75QFZsmPXCyNYPXxEiyEdUAi6qwcZAFgu75T8Slx-bN8-tE8PtDTwvn-4UDYsaEdT8qV7~TinaIgOc~CMC2gmlKPsjswCozGI4d4QLfrpEi~yalPHcvTl-V71iFdnA7qeC7KKzckhxF7EG29l0ls4VRqTijk~CAMqXm46x08XKPg__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Natural Resources Committee recorded committee actions on two bills late in the Jan. 20 meeting: a due-pass motion for Senate Bill 106 (hazing wildlife with drones) and a due-pass motion for Senate Bill 315 (reimbursement-related). Committee officers moved each bill and the committee approved both measures unanimously.

Senators conducted a roll-call/voice vote for SB 106 after a motion to move the bill out of committee. The transcript records a unanimous outcome for SB 106 and notes proxy votes on the record: \"Senator Barshaw votes by proxy,\" and a proxy for Senator Nolan (transcript phrasing: \"senator Noles Nolan is I by proxy\"). The chair announced the bill \"passes unanimously.\" Senator Vinton later noted a proxy for Senator Zolnickoff when voting on a different bill in the same sequence.

For SB 315, the vice chair moved a due-pass recommendation; the committee discussed the bill briefly and approved it by voice vote. The transcript shows several proxy votes recorded during the SB 315 action (for example: \"Senator Zelnickoff votes aye by proxy,\" \"Senator Burjos aye by proxy\", \"Senator Nolan, aye by proxy\"). The chair announced the bill passed unanimously.

The transcript does not provide a numerical roll-call tally or the full list of individual votes; it records unanimous committee approval and notes of proxies. No floor fiscal notes or additional amendments were resolved in the committee record quoted in the transcript; one senator asked staff to request a fiscal note for a bill before it reaches the floor.

Why it matters: Committee passage advances these bills to the Senate floor for further consideration. The transcript shows the committee handling a high volume of bills and recording unanimous committee support for the two motions taken at the end of the session.","The committee recorded unanimous committee actions on Senate Bill 106 (hazing wildlife with drones) and Senate Bill 315 (reimbursement-related bill), both moved as \"do pass\" and approved by the committee; roll-call/voice votes and proxies were noted.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6313869,"Bill would let DEQ treat small mine maintenance issues as correctable before costly violations",1451,1634620,3085770,"/Search/View?dp=1&key=2386512-e009a0a848fac117052e498b7660e6f9&start=1634&end=3085","https://assets.pipeline.soar.com/2386512-e009a0a848fac117052e498b7660e6f9/thumbnail_1634620.jpg","/articles/6313869/Montana/Bill-would-let-DEQ-treat-small-mine-maintenance-issues-as-correctable-before-costly-violations","https://secure.pipeline.soar.com/6313869-22a392f2500d93c87479a47d2c2e7c46/orig.mp4?Expires=1771199791&Signature=mUcpL6pxlSxkYP6Epn7bPZI~gzIVVv4CjyFCc1whOU3dQ4Wg3UpDepbKqEVBdrsZYKGCHfK4rY~-iejhxgPHU2KVhxIgwJkqW~0F4Fs1conmlDNQbTW4vzoYZ87VVv3Os88l2Lbtw4anlbCAOvFztleNjV817V~nwjX-49UPypGlGo0jhurrbIZ-OsUO9UauNghDoVaTmz2TNDK57d9vPZNgr0ze46I8we7FawizKpcytfeygHmuk4Hb6-mCAo6oKnvhzWpRCbrq1NROGXAz~lrmT4b-s1l3b8XxC9nf8PkBmrhI~7GpkzcFwPhoaj~WXXNw5RUFKocY9~~c416kKg__&Key-Pair-Id=KUT5TJCACFTXG","Senate Bill 368, introduced by Sen. Sue Vinton, would create a formal path for DEQ to categorize certain routine, quickly correctable incidents at mine sites as \"minor maintenance items\" and give operators 30 days to fix them before issuance of a notice of noncompliance.

Vinton told the Senate Natural Resources Committee the bill targets everyday issues such as temporary signage knocked down by wind or small equipment leaks that do not pose imminent danger to public health or cause significant environmental harm. Under the proposal, DEQ could issue a written warning for qualifying items and allow 30 days for correction; failure to correct would open the standard enforcement path.

Westmoreland Mining and industry groups, including the Montana Coal Council, Montana Mining Association, Treasure State Resources Association and the Montana Association of Oil, Gas, and Coal Counties, testified in favor. \"This is really dealing with small, minor issues that currently the DEQ doesn't have the proper tools to address,\" Darryl L. James said.

Opponents, including the Montana Environmental Information Center and a local rancher who testified online, said the bill narrows public notice and can remove enforcement incentives. Derf Johnson of MEIC argued the bill removes agency discretion by using mandatory language and could prevent penalties where environmental harm occurs. \"That to me does not seem like an enforcement program in terms of trying to make sure that these companies are following the law,\" Johnson said.

Rancher Steve Charter, testifying remotely, said he lost access to water on leased land in the Bull Mountains and warned that reduced transparency and public involvement in permit violations would harm ranchers who rely on fresh water. \"This bill represents an erosion of the protections that property owners and ranchers rely on to defend their land, water, and livelihoods,\" Charter said.

DEQ's Dan Walsh told senators the agency reviewed the bill and expects to treat items such as temporary signage, limited record-keeping deficiencies and routine maintenance of diversions as potential minor infractions under the language, but that items posing an immediate potential for adverse environmental impact would remain subject to standard enforcement.

Senators pressed proponents and DEQ on how the 30-day period would operate, whether the provision would create repeated 30-day cycles without penalty, and how the public would be notified. Proponents countered that the bill does not change permit terms and that issues requiring a permit revision or presenting significant environmental risk would not qualify as \"minor maintenance items.\" Vinton asked the committee for a \"do pass.\" The hearing closed without a committee vote.

Why it matters: The bill would change the enforcement pathway for routine, fixable problems at mine sites across Montana. Proponents say it avoids disproportionate penalties for trivial matters; opponents say it risks weakening enforcement and reducing public participation in environmental oversight.","Senate Bill 368 would give DEQ authority to issue written warnings and a 30-day correction period for minor maintenance items at mine sites; supporters call it common-sense; opponents say it reduces transparency and enforcement.","actionData","errors"]

Article not found

Senate panel hears bill to clarify when mine detention ponds are in compliance after storms

Natural Resources committee moves two bills out of committee unanimously

Bill would let DEQ treat small mine maintenance issues as correctable before costly violations