§ 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 by the department;
(3) The approved reclamation plan; or
(4) The reclamation permit;
and that activity has created a situation involving an immediate danger to the public health, safety, welfare, or environment requiring immediate action, the department may issue an emergency notice and order to rectify deficiencies, and/or an emergency order to suspend surface mining. These orders shall be effective when entered. The department may take such action as is necessary to prevent or avoid the danger to the public health, safety, welfare, or environment that justifies use of emergency adjudication. The department shall give such notice as is practicable to the permit holder or miner who is required to comply with the order. The order shall comply with the requirements of the administrative procedure act.
Regulations of surface mining operations administered by other state and local agencies shall be preempted by this section to the extent that the time schedule and procedures necessary to rectify the emergency situation, as determined by the department, conflict with such local regulation.
[1993 c 518 § 27.]
Notes:
Captions -- Severability -- Effective date -- 1993 c 518: See notes following RCW 78.44.010.
Sections: Previous 78.44.131 78.44.141 78.44.151 78.44.161 78.44.171 78.44.181 78.44.190 78.44.200 78.44.210 78.44.220 78.44.230 78.44.240 78.44.250 78.44.260 78.44.270 Next
Last modified: April 7, 2009