Senate Bill 365 clarifies how mines and regulators should treat detention ponds that overflow after large, infrequent storms, proponents told the House Natural Resources Committee.

Sponsor Senator Barry Usher said the measure addresses situations where ponds designed to hold runoff from a 10‑year, 24‑hour storm nonetheless overflow because subsequent storms or overly wet ground prevent operators from accessing and dewatering the pond. “All SB 365 does is specify that as long as the detention pond is designed in accordance with specification outlined in the rule and that the operator is working towards dewatering the detention pond in a timely fashion, the pond would be determined to be in compliance with permit conditions even during large storm events that may exceed the capacity of the pond,” he said.

Why it matters: Under current practice an overflow event can trigger a notice of noncompliance and fines up to $5,000 per day, witnesses said. Proponents — including trade groups and local chambers — said the bill balances environmental protection with workable regulatory expectations and preserves incentives to restore capacity promptly.

What proponents testified: Industry witnesses explained that enlarging all ponds to guarantee zero overflow is expensive and often impractical; instead they said a combination of design to DEQ standards, downstream siltation controls, and timely operator action should be treated as compliance. The sponsor and proponents reported a senate amendment that requires operators to undertake measures to restore capacity “as soon as weather and ground conditions permit.” Dan Walsh of DEQ’s Air, Energy and Mining Division was present as an informational witness and available for questions.

Committee action: The committee advanced SB 365 in executive action; a voice vote carried the bill and several members’ ayes were recorded by proxy. The committee record shows no opponents had appeared in person for the hearing.

Limits and conditions: The testimony emphasized that the bill does not remove responsibility for water‑quality protection; downstream obligations and reclamation requirements remain in place.