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Western Geographic Science Center (WGSC) OFFSET RESEARCH GUIDANCE
Officially, lawyers familiar with environmental laws should be consulted, but here are some general laws and concepts to analyze the feasibility of offsets for meeting water-quality standards:
- Clean Water Act
- Identifies those waters not attaining water-quality standards
- Sets priorities for addressing identified pollution problems
- Establishes a “total-maximum-daily-load” for each identified water body and pollutant to attain water-quality standards
- Enforces anti-degradation rules
- Resource Conservation and Recovery Act
- Gives the EPA authority over operation sites using or generating hazardous substances: requires permits and costly transportation, storage, and disposal sites
- Note: Mercury is exempt 98% of the time as a hazardous waste under the mining act
- Emergency Planning and Community Right-to-Know
- Mandates a toxic-release inventory
- Mandates annual reports from any industry releasing 10 lb of Hg per year
- California State Regulations: Proposition 65 of 1986; Surface Mining and Reclamation Act of 1975; Porter Cologne Water Quality Control Act of 1970; Water Code, secs. 13397-13398.9; Fish and Game Code, sec. 5650, Health and Safety Code, sec. 105,705; Public Resources Code, secs. 2,755-2,764, Health and Safety Code, sec. 25208
- Surface Mining and Reclamation Act
- Requires new and existing mines to have approved reclamation plans backed by financial assurances sufficient to cover the costs of reclamation
- Porter Cologne Water Quality Control Act (Water Code, sec. 13000)
- Protects California’s surface, coastal, and ground water
- Provides guidance for NPDES, wastewater-discharge permits, and stormwater discharges
- Implementation focuses on the establishment of a framework which ensures that appropriate practices or technologies are implemented (Porter-Cologne Water Quality Control Act, secs. 13241, 13242), including those elements necessary to meet federal TMDL requirements
- Water Code, secs. 13397-13398.9
- Provides liability protection to private or public agencies with approved remediation plans for cleanup of abandoned mine sites.
- Health and Safety Code, sec. 105705
- Permits County Boards of Supervisors to order coverings or fencing around abandoned mine excavations; gives the local community control over potentially hazardous conditions
- Public Resources Code, secs. 2755-2764
- Mandates general and specific plan amendments when urban expansion incorporates mine lands; requires adjustments in zoning, land use, and conservation elements.
- Toxic Pits Cleanup Act of 1984 (Health and Safety Code, secs. 25208 et seq.)
- Grants the State Water Resources Control Board authority to protect waters of the State from hazardous liquid contamination from surface impoundments
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