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Bill would clarify compliance for mines after storms that exceed detention pond capacity
Summary
Senate Bill 365 would allow a mine's detention pond to remain compliant when a large storm exceeds design capacity if the pond was built to DEQ standards and the operator is actively dewatering and restoring capacity as conditions permit.
Senate Bill 365 clarifies how mines and regulators should treat detention ponds that overflow after large, infrequent storms, proponents told the House Natural Resources Committee.
Sponsor Senator Barry Usher said the measure addresses situations where ponds designed to hold runoff from a 10‑year, 24‑hour storm nonetheless overflow because subsequent storms or overly wet ground prevent operators from accessing and dewatering the pond. “All SB 365 does is specify that as long as the detention pond is designed in accordance with…
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