WSR 14-17-076 PERMANENT RULES DEPARTMENT OF NATURAL RESOURCES [Filed August 18, 2014, 12:19 p.m., effective September 18, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: Amend rules in WAC 332-18-05005 and 332-18-05006 and repeal WAC 332-18-05007 to incorporate provisions of the 2010 natural resources reform (chapter 210, Laws of 2010) pertaining to adjudicative proceedings and changing proceedings related to mitigation of surface mining penalties.
Citation of Existing Rules Affected by this Order: Repealing WAC 332-18-05007; and amending WAC 332-18-05005 and 332-18-05006.
Statutory Authority for Adoption: RCW 78.44.404, 34.05.220, 43.21C.135, 78.44.250.
Adopted under notice filed as WSR 14-04-130 on February 5, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 2, Repealed 1; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 11, 2014.
Peter Goldmark
Commissioner of
Public Lands
AMENDATORY SECTION (Amending WSR 94-14-051, filed 6/30/94, effective 8/2/94)
WAC 332-18-05005 Calculation of penalty.
Fines shall be calculated using the following steps:
(1) The base penalty shall be the minimum fine in each category as set forth in WAC 332-18-05004((, unless mitigated pursuant to WAC 332-18-05007)).
(2) The department may adjust the fine by multiplying the Category II and III base penalties by factors specific to the incident, miner or permit holder, and/or site. The following factors shall not be imposed unless the department explains in writing how each factor was determined:
(a) Severity: The department shall adjust the penalty to reflect the extent or magnitude and difficulty of repairing the damage to lands, waters, and neighboring properties. This factor shall increase the base penalty by not more than 5.0 times the base penalty.
(b) Previous violation(s): The department shall consider whether the violator has had previous significant violations of the act, rules, permit, or reclamation plan as documented by an enforcement action. This factor shall increase the base penalty by not more than 3.0 times the base penalty.
AMENDATORY SECTION (Amending WSR 94-14-051, filed 6/30/94, effective 8/2/94)
WAC 332-18-05006 Penalties due.
(1) Penalties imposed under this section shall become due and payable thirty days after receipt of a notice imposing the fine unless the miner or permit holder ((applies for mitigation or)) files an appeal.
(2) Thirty days after the miner or permit holder is notified that administrative review of penalties is complete, the penalty shall become due and payable.
(3) Thirty days after a penalty becomes due and payable, interest shall accrue at the maximum rate allowed by RCW 19.52.020 until the penalty is paid to the department.
REPEALER
The following section of the Washington Administrative Code is repealed:
| ||||