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2017 - 2018 LEGISLATURE
November 2, 2017 - Offered by Representatives Sinicki, Shankland, Anderson,
Hesselbein, Kolste, Ohnstad, C. Taylor, Vruwink, Sargent, Subeck, Doyle
and Hebl.
AB499-AA8,1,11 At the locations indicated, amend the bill as follows:
AB499-AA8,1,2 21. Page 32, line 1: after that line insert:
AB499-AA8,1,3 3 Section 37am. 293.505 of the statutes is created to read:
AB499-AA8,1,5 4293.505 Local liability for pollution from mining of sulfide ore bodies.
5(1) In this section:
AB499-AA8,1,116 (a) “Pollution" means degradation that results in any violation of any
7environmental law as determined by an administrative proceeding, civil action,
8criminal action, or other legal proceeding. For the purpose of this paragraph,
9issuance of an order or acceptance of an agreement requiring corrective action or a
10stipulated fine, forfeiture, or other penalty is considered a determination of a
11violation, regardless of whether there is a finding or admission of liability.
AB499-AA8,1,1312 (b) “Sulfide ore body" means a mineral deposit in which nonferrous metals are
13mixed with sulfide minerals.
1(2) No city, village, town, or county may be held liable for any pollution within
2its boundaries that is caused by the exploration, bulk sampling, mining, or
3prospecting of a sulfide ore body, regardless of when the activity occurs or is
4discovered or where the activity occurs, including whether the activity occurs on
5property that is owned, either at the time of the activity or subsequently, by the city,
6village, town, or county.”.