Revised Code of Washington - RCW Title 78 Mines, Minerals, And Petroleum - Chapter 78.44 Surface Mining

78.44.010 Legislative finding
The legislature recognizes that the extraction of minerals by surface mining is an essential activity making an important contribution to the economic well-being of the ...

78.44.011 Intent
The legislature recognizes that the extraction of minerals through surface mining has historically included regulatory involvement by both state and local governments. It is the ...

78.44.020 Purposes
The purposes of this chapter are to: (1) Provide that the usefulness, productivity, and scenic values of all lands and waters involved in surface mining ...

78.44.031 Definitions
Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter. (1) "Approved subsequent use" means the post surface-mining land use ...

78.44.040 Administration of chapter -- Rule-making authority
The department of natural resources is charged with the administration of reclamation under this chapter. In order to implement and enforce this chapter, the department, ...

78.44.045 Surface mining reclamation account
(1) The surface mining reclamation account is created in the state treasury. Annual mining fees, funds received by the department from state, local, or federal ...

78.44.050 Exclusive authority to regulate reclamation -- Department may delegate enforcement authority to counties, cities, towns -- Other laws not affected
The department shall have the exclusive authority to regulate surface mine reclamation. No county, city, or town may require for its review or approval a ...

78.44.055 Surface mining of coal -- Preemption of chapter by federal laws, programs
In the event state law is preempted under federal surface mining laws relating to surface mining of coal or the department of natural resources determines ...

78.44.060 Investigations, research, etc. -- Dissemination of information
The department shall have the authority to conduct, authorize, and/or participate in investigations, research, experiments, and demonstrations, and to collect and disseminate information relating to ...

78.44.070 Cooperation with other agencies -- Receipt and expenditure of funds
The department may cooperate with other governmental and private agencies and agencies of the federal government, and may reasonably reimburse them for any services the ...

78.44.081 Reclamation permits required -- Applications
After July 1, 1993, no miner or permit holder may engage in surface mining without having first obtained a reclamation permit from the department. Operating ...

78.44.083 Reclamation permit -- Refusal to issue
The department shall refuse to issue a reclamation permit if it is determined during the SEPA process that the impacts of a proposed surface mine ...

78.44.085 Application fee -- Annual permit fee -- Confidential records -- Appeals -- Collection of fees
(1) An applicant for an expansion of a permitted surface mine, a new reclamation permit under RCW 78.44.081, or for combining existing public or private ...

78.44.087 Performance security required -- Department authority
(1) The department should ensure that a sufficient performance security is available to reclaim each surface mine permitted under this chapter. To ensure sufficient funds ...

78.44.091 Reclamation plans -- Approval process
An applicant shall provide a reclamation plan and copies acceptable to the department prior to obtaining a reclamation permit. The department shall have the sole ...

78.44.101 Joint reclamation plans may be required
Where two or more surface mines join along a common boundary, the department may require submission of a joint reclamation plan in order to provide ...

78.44.111 Segmental reclamation -- Primary objective
The permit holder shall reclaim each segment of the mine within two years of completion of surface mining on that segment except as provided in ...

78.44.121 Reclamation setbacks -- Exemption
Reclamation setbacks shall be as follows unless waived by the department: (1) The reclamation setback for unconsolidated deposits within mines permitted after June 30, 1993, ...

78.44.131 Reclamation specifics -- Basic objective -- Modifications for metals mining and milling operations -- Timeline
The need for, and the practicability of, reclamation shall control the type and degree of reclamation in any specific instance. However, the basic objective of ...

78.44.141 Reclamation -- Minimum standards -- Waiver
Reclamation of surface mines permitted after June 30, 1993, and reclamation of surface mine segments addressed by reclamation plans modified after June 30, 1994, shall ...

78.44.151 Reclamation plans -- Modification, when required -- SEPA
(1) The permit holder may modify the reclamation plan at any time during the term of the permit provided that the modified reclamation plan meets ...

78.44.161 Reclamation compliance -- Inspection of disturbed area -- Special inspection requirements for metals mining and milling operations
The department may order at any time an inspection of the disturbed area to determine if the miner or permit holder has complied with the ...

78.44.171 Reclamation -- Transfer of permits
Reclamation permits shall be transferred to a subsequent permit holder and the department shall release the former permit holder from the duties imposed by this ...

78.44.181 Reclamation -- Report by permit holder on anniversary date
On the anniversary date of the reclamation permit and each year thereafter until reclamation is completed and approved, the permit holder shall file a report ...

78.44.190 Deficiencies -- Order to rectify -- Time extension
(1) The department may issue an order to rectify deficiencies to the following: (a) Any permit holder, miner, or other person who authorizes, directs, violates, ...

78.44.200 Immediate danger -- Emergency notice and order to rectify deficiencies -- Emergency order to suspend surface mining
When the department finds that a permit holder is conducting surface mining in any manner not authorized by: (1) This chapter; (2) The rules adopted ...

78.44.210 Suspension of a reclamation permit
The department, through the state geologist or assistant state geologist, may suspend a reclamation permit whenever a permit holder or surface mine is out of ...

78.44.220 Declaration of abandonment -- Reclamation -- Subsequent miner
The department may issue a declaration of abandonment when it determines that all surface mining has ceased for a period of one hundred eighty consecutive ...

78.44.230 Abandonment -- Cancellation of the reclamation permit
When the department determines that a surface mine has been abandoned, it may cancel the reclamation permit. The permit holder shall be informed of such ...

78.44.240 Reclamation by the department -- Order to submit performance security -- Cost recovery
The department may, with the staff, equipment, and material under its control, or by contract with others, reclaim the disturbed areas when it finds that ...

78.44.250 Fines -- Civil penalties -- Damage recovery
Each order of the department may impose a fine or fines in the event that a miner or permit holder fails to obey the order ...

78.44.260 Operating without permit -- Penalty
Any miner or permit holder conducting surface mining within the state of Washington without a valid reclamation permit shall be guilty of a gross misdemeanor. ...

78.44.270 Appeals -- Standing
Appeals from department determinations under this chapter shall be made as follows: Appeals from department determinations made under this chapter shall be made under the ...

78.44.280 Underground operation -- Surface disturbances subject to chapter
Surface disturbances caused by an underground metals mining and milling operation are subject to the requirements of this chapter if the operation is proposed after ...

78.44.300 Reclamation awards -- Recognition of excellence
The department shall create reclamation awards in recognition of excellence in reclamation or reclamation research. Such awards shall be presented to individuals, miners, operators, companies, ...

78.44.310 Reclamation consulting -- No cost service
The department shall establish a no-cost consulting service within the department to assist miners, permit holders, local government, and the public in technical matters related ...

78.44.320 Definitions applicable to RCW 78.44.330
The definitions in this section apply throughout RCW 78.44.330 unless the context clearly requires otherwise. (1) "Bedrock sluice" means a wood or metal flume or ...

78.44.330 Mineral trespass -- Penalty
(1) A person commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder or person conducting the ...

78.44.340 Mineral trespass -- Limitation on application
(1) RCW 78.44.330 does not apply to conduct that would otherwise constitute an offense when it is required or authorized by law or judicial decree ...

78.44.350 Blanket performance security
(1) A permit holder, in lieu of an individual performance security for each mining site, may file a blanket performance security with the department for ...

78.44.360 Performance security insufficient to cover cost of reclamation -- Lien established in favor of department
(1) To the extent a performance security is insufficient to cover the cost of reclamation performed by the department, a lien shall be established in ...

78.44.370 Notice of correction
(1) The department may issue a notice of correction to the following: (a) Any permit holder, miner, or other person who authorizes, directs, violates, or ...

78.44.380 Stop work orders
(1) The department may issue an order to stop all surface mining to any permit holder, miner, or other person who authorizes, directs, or conducts ...

78.44.390 Cancellation of a reclamation permit
(1) In addition to the department's other authority to cancel a reclamation permit, a permit holder may seek cancellation of its reclamation permit in favor ...

78.44.910 Previously mined land
Miners and permit holders shall not be required to reclaim any segment where all surface mining was completed prior to January 1, 1971. However, the ...

78.44.920 Effective date -- 1970 ex.s. c 64
This act shall become effective January 1, 1971.[1970 ex.s. c 64 § 23.] ...

78.44.930 Severability -- 1970 ex.s. c 64
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...