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Panel approves bill letting DEQ give warnings for minor mine maintenance issues
Summary
Senate Bill 368 would let DEQ treat minor maintenance items at mines — such as small equipment leaks or misplaced signage — with written warnings and a 14‑day correction period before turning the matter into a formal notice of noncompliance; proponents characterized it as a common‑sense fix with a zero fiscal note.
Senator Sue Vinton sponsored Senate Bill 368, saying it gives DEQ discretion to handle minor maintenance items at mines in a more reasonable way instead of immediately issuing notices of noncompliance and fines of up to $5,000 per day.
Why it matters: Proponents said daily fines and immediate notices can be disproportionate when incidents present no imminent danger and are quickly correctable. The bill defines minor issues as those that do not pose imminent public‑health or environmental danger, are within the permit boundary and are reasonably correctable without major alteration to the operation.
Daryl James (Westmoreland Mining) said the bill would allow operators to coordinate with DEQ to correct small, routine incidents (for example, a quart of hydraulic fluid spilled and cleaned up within a day) without threatening permits. The sponsor and proponents noted the Senate amended the bill to shorten the correction period from 30 to 14 days after stakeholder feedback. Dan Walsh (DEQ) served as an informational witness and made himself available to answer technical questions. The sponsor noted the bill carries a zero fiscal note.
Committee action: The committee moved to concur and, by voice vote with proxy ayes recorded, sent SB368 to the floor; Representative Henkel agreed to carry the bill on the floor.
Next steps: The bill advances for floor action and any implementing guidance would come from DEQ; the record includes the 14‑day correction window and the Senate language clarifying incidents outside permit boundaries remain violations.
