1st Sub.
S.B.
68
MINING PROTECTION AMENDMENTS
house floor
Amendments
Amendment 3 March 11, 2009 12:38 pm
Representative Christine F. Watkins
proposes the following amendments:
1. Page
5, Lines 147 through 148
:
147
industrial protection area, respectively.
(20) "Residential subdivision" means a lawful division of land into separate fee simple interests:
(a) by:
(i) a subdivision plat that is:
(A) authorized by a county, city, or town; and
(B) recorded; or
(ii) a lawful conveyance that creates a division of land into ten or more lots with an average size of
ten acres or less; and
(b) if the authorized use of the subdivided parcels under applicable zoning and subdivision
ordinances includes the development of dwellings for residential occupancy.
148
[(11)]
{
(20)
}
(21)
"State agency" means each department, commission, board, council,
2. Page
6, Lines 151 through 153
:
151
[(12)]
{
(21)
}
(22)
"Unincorporated" means not within a city or town.
152
{
(22)
}
(23)
"Vested mining use" means a mining use:
153
(a) by a mine operator;
{
and
}
3. Page
6, Line 155
:
155
prohibits, restricts, or otherwise limits a mining use
{
.
}
; and
(c) that is at least one mile away from a residential subdivision.
4. Page
9, Line 250
:
250
mining use to comply with
{
the generally applicable,
}
reasonable health and safety regulations
,
setback ordinances, residential zoning ordinances,
5. Page
9, Line 269
:
269
law and regulations
and all applicable ordinances and regulations enacted by a political subdivision
is
presumed to be operating within sound mining practices.
6. Page
10, Line 275
:
275
land within the vicinity of the vested mining use
, if the vested mining use does not result in off-site
contamination or an off-site release of pollutants
.
7. Page
11, Line 310
Senate 2nd Reading Amendments
3-9-2009
:
310
use
{
existed or was conducted or otherwise engaged in
}
lawfully operated:
(i) within a permit area authorized by the division but at least one mile away from a residential
subdivision; and
(ii)
before a political subdivision prohibits,
8. Page
11, Line 313
Senate 2nd Reading Amendments
3-9-2009
:
313
of proof to show by
{
clear and convincing
}
a preponderance of the
evidence that the vested
mining use has not been
9. Page
12, Line 356
Senate 2nd Reading Amendments
3-9-2009
:
356
vested mining use to new land
, if the expansion conforms with all applicable:
(i) federal or state laws and regulations; and
(ii) ordinances enacted by a political subdivision
.
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sb0068s01.hfa.03.wpd
LRGC
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