The state legislature has a responsibility to protect public health by adequately funding the ADEQ.
We need to get serious about how to protect ourselves from toxic mining that can disrupt our way of life. Let’s look at the root issues of our vulnerability to toxic mining interests.
The 1872 federal mining law requires that corporations be permitted to mine and limits our ability to control the environmental consequences of their actions. Mining corporations are not required to pay royalties and are allowed to export mined minerals that are actually owned by the public. Profit is privatized and clean-up costs are subsidized by the taxpayer. It allows our mineral wealth – which is public property – to be exported by foreign operators without royalty fees – zero dollars for us. We need federal legislation requiring royalties and greater bonding costs for mining projects so that taxpayers are not stuck with the cleanup costs. The Arizona legislature should pressure Congress to modernize the 1872 Mining Act so that mining corporations no longer get a free ride on the taxpayer’s back.
The state agency responsible for monitoring the impact of mines on water quality is the Arizona Department of Environmental Quality (ADEQ). ADEQ documents and helps enforce violations to protect our natural resources. It also administers a Water Quality Assurance Revolving Fund (WQARF) to clean up contaminated sites where the owners have gone bankrupt and disappeared. The WQARF budget is inadequate, so ADEQ is unable to clean up sites quickly – Prescott’s Miller Valley Site was identified 25 years ago! It is only now beginning the remediation process. The state legislature has a responsibility to protect public health by adequately funding the ADEQ.
The state legislature can (and should) do more. Water usage by mines is not regulated, or even measured – this is absurd. Mining corporations should pay usage and impact fees for groundwater extraction. The free use of our public resource of water and minerals by mining corporations is a public subsidy of corporate profiteering that needs to stop.
The legislature should also consider laws requiring approvals from municipalities regarding nearby mining projects. For example, any mines within “x” miles from the City of Prescott would need approval from the city of Prescott. If we had a law requiring municipal approval of mines within 15 miles of Prescott, the city would have the right to approve or deny the mining permit on Mt. Tritle. This would enhance local control of environmental and economic issues directly impacting our quality of life.
It’s not the 1800s anymore; mining and its impacts have changed. The loss of Mt. Tritle and the poisoning of the Hassayampa watershed hurts Yavapai County. We need to take the threats of toxic mining seriously and that starts with coherent legislation protecting us from foreign and domestic mining interests that would extract our resources without regard to the consequences.
In the state legislature, I will push for laws that give municipalities rights to approve or deny mining permits impacting the local quality of life. We need fair guidelines for mining companies to pay for water use and financial commitment to clean up mining wastewater. Adequately funding the ADEQ is essential. We need our first line of defense to be robust and vigilant so that this agency can protect us from toxic mining interests.
The threat of toxic mining exists throughout Arizona. I will prioritize this issue and collaborate to address the vulnerabilities in our current laws to protect our beautiful state for future generations.
By Jay Ruby
Jay Ruby is a Prescottonian, Son of the American Revolution, and candidate for Arizona State House in Legislative District 1.
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