S-1017.3 _______________________________________________
SENATE BILL 5513
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senator Sutherland.
Read first time February 4, 1991. Referred to Committee on Environment & Natural Resources.
AN ACT Relating to surface mining; amending RCW 78.44.030, 78.44.070, 78.44.080, 78.44.090, 78.44.100, 78.44.110, 78.44.130, 78.44.140, and 78.44.160; adding new sections to chapter 78.44 RCW; creating new sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 78.44.030 and 1987 c 258 s 1 are each amended to read as follows:
As used in this chapter, unless the context indicates otherwise:
(1) "Surface mining" shall mean all or any part of the process involved in mining of minerals by removing the overburden and mining directly from the mineral deposits thereby exposed, including open-pit mining of minerals naturally exposed at the surface of the earth, mining by the auger method, and including the production of surface mining refuse. Surface mining shall not include on-site processing of minerals such as concrete batching or rock crushing operations. For the purpose of this chapter surface mining shall mean those operations described in this paragraph which collectively result in more than three acres of land being disturbed or that result in pit walls more than thirty feet high and steeper than one horizontal to one vertical. Surface mining shall not include disturbances of greater than three acres of land during any time period if the cumulative area that has not been rehabilitated according to the reclamation requirements outlined in this chapter is less than three acres. Surface mining shall not include excavation or removal of sand, gravel, clay, rock, top soil, or other materials in remote areas by an owner or holder of a possessory interest in land for the primary purpose of construction or maintenance of access roads to or on such landowner's property. Surface mining shall not include excavation or grading conducted for farming, on-site road construction or other on-site construction, but shall include adjacent or off-site borrow pits except those on landowner's property for use on access roads on such property. Prospecting and exploration activities shall be included within the definition of surface mining when they are of such nature and extent as to exceed the qualifying sizes listed above or when collectively they disturb more than one acre per eight acres of land area.
(2) "Unit of surface mined area" shall mean the area of land and water covered by each operating permit that is actually newly disturbed by surface mining during each twelve-month period of time, beginning at the date of issuance of the permit, and shall comprise the area from which overburden and/or minerals have been removed, the area covered by spoil banks, and all additional areas used in surface mining operations which by virtue of such use are thereafter susceptible to excessive erosion.
(3)
"Abandonment of surface mining" shall mean a cessation of surface
mining, not set forth in an operator's plan of operation or by any other
sufficient written notice, extending for more than six consecutive months or
when, by reason of examination of the premises or by any other means, it
becomes the opinion of both the department of natural resources and
the county legislative authority that the operation has in fact been
abandoned by the operator: PROVIDED, That the operator does not, within thirty
days of receipt of written notification from the department and county
legislative authority of ((his)) an intent to declare the operation
abandoned, submit evidence to the department's and county legislative
authority's satisfaction that the operation is in fact not abandoned.
(4) "Minerals" shall mean coal, clay, stone, sand, gravel, metallic ore, and any other similar solid material or substance to be excavated from natural deposits on or in the earth for commercial, industrial, or construction uses.
(5) "Overburden" shall mean the earth, rock, and other materials that lie above a natural deposit of mineral.
(6) "Surface mining refuse" shall mean all waste soil, rock, mineral, liquid, vegetation, and other material directly resulting from or displaced by the mining, cleaning, or preparation of minerals during the surface mining operations on the operating permit area, and shall include all waste materials deposited on or in the permit area from other sources.
(7) "Spoil bank" shall mean a deposit of excavated overburden or mining refuse.
(8) "Operator" shall mean any person or persons, any partnership, limited partnership, or corporation, or any association of persons, either natural or artificial, including every public or governmental agency engaged in surface mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors.
(9) "Department" means the department of natural resources.
(10) "Reclamation" shall mean the reasonable protection of all surface resources subject to disruption from surface mining and rehabilitation of the surface resources affected by surface mining including the area under stockpiled materials. Although both the need for and the practicability of reclamation will control the type and degree of reclamation in any specific instance, the basic objective will be to reestablish on a continuing basis the vegetative cover, soil stability, water conditions, and safety conditions appropriate to the intended subsequent use of the area.
(11) "Reclamation plan" shall mean the operator's written proposal, as required and approved by the department and reviewed by the county legislative authority, for reclamation of the affected resources which shall include, but not be limited to:
(a) A statement of the proposed subsequent use of the land after reclamation which is signed by all individuals with a possessory interest in the land, or a copy of the conveyance that expressly grants or reserves the right to extract the mineral by surface mining methods, or if the conveyance does not expressly grant the right to extract the mineral by surface mining methods, then documentation that under applicable state law, the operator has the legal authority to extract the mineral by those methods: PROVIDED, That the applicant must provide notice reasonably calculated to advise all individuals with a possessory interest of the intent to remove minerals and the proposed subsequent use. If any individual with a possessory interest does not respond to the notice within sixty days, that person's signature shall not be required;
(b) Evidence that this subsequent use would not be illegal under local zoning regulations;
(c) Proposed practices to protect adjacent surface resources;
(d) Specifications for surface gradient restoration to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and proposed method of accomplishment;
(e) Manner and type of revegetation or other surface treatment of disturbed areas;
(f) Method of prevention or elimination of conditions that will create a public nuisance, endanger public safety, damage property, or be hazardous to vegetative, animal, fish, or human life in or adjacent to the area;
(g) Method of control of contaminants and disposal of surface mining refuse;
(h) Method of diverting surface waters around the disturbed areas;
(i) Method of restoration of stream channels and stream banks to a condition minimizing erosion and siltation and other pollution;
(j) Such maps and other supporting documents as reasonably required by the department; and
(k) A time schedule for reclamation that meets the requirements of RCW 78.44.090.
Sec. 2. RCW 78.44.070 and 1970 ex.s. c 64 s 8 are each amended to read as follows:
The
department ((may)) shall cooperate with other governmental and
private agencies in this state and other states and agencies of the federal
government, and ((may)) shall reasonably reimburse them for any
services the department requests that they provide. The department may also
receive any federal funds, state funds and any other funds and expend them for
reclamation of land affected by surface mining and for purposes enumerated in
RCW 78.44.060.
Sec. 3. RCW 78.44.080 and 1970 ex.s. c 64 s 9 are each amended to read as follows:
((After
January 1, 1971, no)) An operator shall not engage in surface
mining without having first obtained ((an)) operating permits
from the department and from the county legislative authority. Except
as otherwise permitted in this section a separate permit shall be required for
each separate surface mining operation. Prior to receiving an operating permit
from the department and from the county legislative authority an
operator must submit an application on a form provided by the department((,
which)) and one provided by the county legislative authority. The
department form shall contain the following information and any other
pertinent data required by the department:
(1) Name and address of the legal landowner, any purchaser of the land under a real estate contract, and the operator and, if any of these are corporations or other business entities, the names and addresses of their principal officers and resident agent for service of process;
(2) Materials to be surface mined;
(3) Type of surface mining to be performed;
(4) Expected starting date of surface mining;
(5) Anticipated termination date of the surface mining project;
(6) Expected amount of mineral to be surface mined;
(7) Maximum depth of surface mining;
(8)
Size and legal description of the area that will be disturbed by surface
mining. If more than ((ten)) five acres will be disturbed by
surface mining or, regardless of the amount of land to be disturbed, if the
department or the county legislative authority finds that conditions
warrant it and so requests, a map of the area to be surface mined shall be
submitted. The map shall show the boundaries of the area of land which will be
affected; topographic detail; the location and names of all streams, roads,
railroads, and utility lines on or immediately adjacent to the area; location
of proposed access roads to be built in conjunction with the surface mining
operation; and the names of the surface and mineral owners of all lands within
the surface mining area;
(9) A plan of surface mining that will provide, within limits of normal operational procedure of the industry, for completion of surface mining and associated disturbances on each segment of the area for which a permit is requested so that reclamation can be initiated at the earliest possible time on those portions of the surface mined area that will not be subject to further disturbance by the mining operation. Whenever feasible, visual screening, vegetative or otherwise, will be maintained or established on the property containing the surface mining to screen the view of the operation from public highways, public parks, and residential areas.
(10) A
reclamation plan that must be acceptable to and approved by the department and
must be reviewed by the county legislative authority, except as provided in
RCW 78.44.100. An operator may not depart from an approved plan without having
previously obtained from the department and the county legislative authority
written approval of ((his)) the proposed change.
The
department and the county legislative authority may adopt rules and
regulations permitting an operator of more than one surface mining operation to
submit a single application for a combined operating permit covering all ((of
his)) the surface mining operations within a single county.
Such application may require detailing of information required by this section
for each separate location. An operator operating under such a combined permit
may submit a consolidated reclamation program covering ((all his)) the
operations within each county under rules and regulations prescribed by
the department, but may be required to furnish specific information relative to
reclamation of any single operating area if the department or the county
legislative authority determines that such is necessary to carry out the
purposes of this chapter.
The county legislative authority permit shall contain all information the county needs to meet zoning and other local requirements.
NEW SECTION. Sec. 4. A new section is added to chapter 78.44 RCW to read as follows:
The county legislative authority shall regulate the ongoing affairs of a surface mining operation, including but not limited to:
(1) The level of noise;
(2) Traffic, including ingress and egress of vehicles from the operation site;
(3) Hours of operation; and
(4) Dust created by the operation;
(5) Public safety;
(6) All county, and if applicable, city land use requirements; and
(7) Business permits.
NEW SECTION. Sec. 5. The county legislative authority shall work with cities affected by a surface mining operation to insure that the cities' interests are protected. If a surface mining activity is conducted wholly within a city than the city shall have the power vested in the county legislative authority under this chapter.
Sec. 6. RCW 78.44.090 and 1970 ex.s. c 64 s 10 are each amended to read as follows:
The reclamation plan shall provide that reclamation activities, particularly those relating to control of erosion, shall, to the extent feasible, be conducted simultaneously with surface mining and in any case shall be initiated at the earliest possible time after completion or abandonment of mining on any segment of the permit area. he plan shall provide that reclamation activities shall be completed not more than two years after completion or abandonment of surface mining on each segment of the area for which a permit is requested.
A reclamation plan will be approved by the department and the county legislative authority if it adequately provides for the accomplishment of the activities specified in the definition of "reclamation plan", RCW 78.44.030(11), has been reviewed by the county legislative authority, and meets those of the following minimum standards that are applicable:
(((1)
Excavations made to a depth not less than two feet below the low groundwater
mark, which will result in the establishment of a lake of sufficient area and
depth of water to be useful for residential, recreational, game, or wildlife
purposes, shall be reclaimed in the following manner:
(a)
All banks in soil, sand, gravel, and other unconsolidated materials shall be
sloped to two feet below the low groundwater line at a slope no steeper than
one and one-half feet horizontal to one foot vertical;
(b)
Portions of solid rock banks shall be stepped or other measures be taken to
permit a person to escape from the water.
(2)
In all other excavations in soil, sand, gravel, and other unconsolidated
materials, the side slopes and the slopes between successive benches shall be
no steeper than one and one-half feet horizontal to one foot vertical for their
entire length.
(3)
The sides of all strip pits and open pits in rock and other consolidated
materials shall be no steeper than one foot horizontal to one foot vertical, or
other precautions must be taken to provide adequate safety.
(4)
The slopes of quarry walls in rock or other consolidated materials shall have
no prescribed angle of slope, but where a hazardous condition is created that
is not indigenous to the immediate area, the quarry shall be either graded or
backfilled to a slope of one foot horizontal to one foot vertical or other
precautions must be taken to provide adequate safety.
(5)
In strip mining operations the peaks and depressions of the spoil banks shall
be reduced to a gently rolling topography which will minimize erosion and which
will be in substantial conformity with the immediately surrounding land area.
(6)
In no event shall any provision of this section be construed to allow stagnant
water to collect or remain on the surface mined area. Suitable drainage
systems shall be constructed or installed to avoid such conditions if natural
drainage is not possible.
(7)
All grading and backfilling shall be made with nonnoxious, nonflammable,
noncombustible solids unless approval has been granted by the director for a
supervised sanitary fill.
(8)
In all types of surface mining, in order to prevent water pollution, all acid-forming
surface mining refuse shall be disposed of by covering all acid-forming
materials with at least two feet of clean fill. The final surface covering
shall be graded so that surface water will drain away from the disposal area.
(9)
Vegetative cover will be required in the reclamation plan as appropriate to the
future use of the land.
(10)
All surface mining that will disturb streams must comply with the requirements
of the state fisheries laws (Title 75 RCW), and every application for an
operating permit for such operations must have a reclamation plan that shall
have been approved by the department of fisheries with regard to operations in
streams as required by Title 75 RCW.)) (1) Reclamation activities,
particularly those relating to control of erosion, shall, to the extent
feasible, be conducted simultaneously with surface mining, and in any case
shall be initiated at the earliest possible time after completion or
abandonment of mining on any segment of the permit area;
(2) All reclamation activities shall be completed not more than two years after completion or abandonment of surface mining on each segment of the area for which a permit is in force;
(3) Mining operations may not deviate from the approved reclamation plan without prior written approval for the proposed change;
(4) Prior to mining, topsoil on the site shall be stockpiled for use in reclamation, except when the approved subsequent use of the land does not require revegetation;
(5) During operations, contaminants, garbage, and other noxious wastes shall be removed from the pit based on the waste plan required under section 16 of this act;
(6) All grading and backfilling shall be made with nonnoxious, nonflammable, noncombustible solids unless approval has been granted by the county health district for a locally supervised land fill;
(7) In excavations in soil, sand, gravel, and other unconsolidated materials, all reclaimed slopes shall be no steeper than two feet horizontal to one foot vertical for their entire length;
(8) Slopes in rock shall have no prescribed slope angle, but where a hazardous condition is created that is not indigenous to the immediate area, the slopes shall be backfilled to a slope of two feet horizontal to one foot vertical. However, steeper slopes are acceptable in remote areas or where evidence is submitted that such slopes would not be illegal under local zoning regulations; and
(9) Excavations that penetrate seasonal or permanent water tables, which will result in the establishment of a wetland, pond, or lake useful for residential, recreational, or wildlife purposes, shall be reclaimed in the following manner:
(a) All banks in soil, sand, gravel, and other unconsolidated materials shall be sloped to five feet below the minimum ground water level at a slope no steeper than two feet horizontal to one foot vertical;
(b) Solid rock banks shall be formed to allow a person to escape from the water. However, steeper slopes shall be acceptable in remote areas or where evidence is provided that such slopes would not be illegal under local zoning regulations;
(c) Spillways and measures to prevent undesirable seepage shall be provided to stabilize all such water bodies within the mine; and
(d) Lakes, ponds, and wetlands shall be created to maximize potential for natural wildlife habitat by incorporating such measures as irregular shapes, sinuous contours, variable depths, and artificial peninsulas and islands. Clay-bearing material placed below water level may be required to avoid establishing sterile wetlands.
(10) Final topography shall generally comprise sinuous contours, chutes and buttresses, gently rolling mounds and hills, all of which shall conform with adjacent topography. Straight planar slopes and right angles shall be avoided;
(11) Sinuous natural-appearing channels will be established for postmining drainage. Drainages shall be graded and contain adequate energy dissipation devices such that essentially natural conditions of water velocity, volume, and turbidity are reestablished within six months of cessation of operations.
(12) The floors of mines shall be graded at gentle slopes into postmining drainages to preclude sheet-wash erosion during intense precipitation;
(13) Topsoil shall be restored as necessary to promote effective revegetation and to stabilize slopes. Where limited topsoil is available, topsoil shall be placed and revegetated in such a way as to ensure that it is not lost to erosion;
(14) Acid-forming rock exposures such as sulfurous coal or acid-forming mine wastes shall be isolated by covering such materials with at least two feet of clay-bearing fill. The final surface covering shall be graded so that surface water will drain away from the acid-forming materials;
(15) Revegetation shall be required as appropriate to stabilize slopes, reduce erosion and turbidity, mask rectilinear contours, and restore the appearance of the land to the extent feasible as appropriate to the subsequent use. Generally, revegetation shall include a multispecies ground cover and trees appropriate to impoverished soils such as pines, junipers, and alders;
(16) Some or all minimum reclamation standards may be waived in writing by the department in order to accommodate unique and beneficial reclamation schemes such as parks, swimming facilities, buildings, wildlife reserves, and so forth. However, waivers are granted only after written approval of a reclamation plan describing the variances to the minimum reclamation standards, receipt of a favorable state environmental protection agency declaration, and approval by the landowner and by the local land use authority.
NEW SECTION. Sec. 7. An environmental impact statement as provided for under chapter 43.21C RCW is required for either a new surface mining site or operator after the effective date of this act. An environmental impact statement is required for an expansion of either an existing site or operation after the effective date of this act.
NEW SECTION. Sec. 8. A new section is added to chapter 78.44 RCW to read as follows:
The board of natural resources shall create a graduated state permit fee schedule sufficient to offset the cost of the program. The schedule shall be presented to the natural resources committee of the legislature for review by January 1, 1992.
NEW SECTION. Sec. 9. The department, in cooperation with local government, shall require compliance with the following minimum reclamation standards:
(1) Reclamation activities, particularly those relating to control of erosion, shall, to the extent feasible, be conducted simultaneously with surface mining, and in any case shall be initiated at the earliest possible time after completion or abandonment of mining on any segment of the permit area;
(2) All reclamation activities shall be completed not more than two years after completion or abandonment of surface mining on each segment of the area for which a permit is in force;
(3) Mining operations may not deviate from the approved reclamation plan without prior written approval for the proposed change;
(4) Prior to mining, topsoil on the site shall be stockpiled for use in reclamation, except when the approved subsequent use of the land does not require revegetation;
(5) During operations, contaminants, garbage, and other noxious wastes shall be removed from the pit based on the waste plan required under section 16 of this act;
(6) All grading and backfilling shall be made with nonnoxious, nonflammable, noncombustible solids unless approval has been granted by the county health district for a locally supervised land fill;
(7) In excavations in soil, sand, gravel, and other unconsolidated materials, all reclaimed slopes shall be no steeper than two feet horizontal to one foot vertical for their entire length;
(8) Slopes in rock shall have no prescribed slope angle, but where a hazardous condition is created that is not indigenous to the immediate area, the slopes shall be backfilled to a slope of two feet horizontal to one foot vertical. However, steeper slopes are acceptable in remote areas or where evidence is submitted that such slopes would not be illegal under local zoning regulations; and
(9) Excavations that penetrate seasonal or permanent water tables, which will result in the establishment of a wetland, pond, or lake useful for residential, recreational, or wildlife purposes, shall be reclaimed in the following manner:
(a) All banks in soil, sand, gravel, and other unconsolidated materials shall be sloped to five feet below the minimum ground water level at a slope no steeper than two feet horizontal to one foot vertical;
(b) Solid rock banks shall be formed to allow a person to escape from the water. However, steeper slopes shall be acceptable in remote areas or where evidence is provided that such slopes would not be illegal under local zoning regulations;
(c) Spillways and measures to prevent undesirable seepage shall be provided to stabilize all such water bodies within the mine; and
(d) Lakes, ponds, and wetlands shall be created to maximize potential for natural wildlife habitat by incorporating such measures as irregular shapes, sinuous contours, variable depths, and artificial peninsulas and islands. Clay-bearing material placed below water level may be required to avoid establishing sterile wetlands.
(10) Final topography shall generally comprise sinuous contours, chutes and buttresses, gently rolling mounds and hills, all of which shall conform with adjacent topography. Straight planar slopes and right angles shall be avoided;
(11) Sinuous natural-appearing channels will be established for postmining drainage. Drainages shall be graded and contain adequate energy dissipation devices such that essentially natural conditions of water velocity, volume, and turbidity are reestablished within six months of cessation of operations.
(12) The floors of mines shall be graded at gentle slopes into postmining drainages to preclude sheet-wash erosion during intense precipitation;
(13) Topsoil shall be restored as necessary to promote effective revegetation and to stabilize slopes. Where limited topsoil is available, topsoil shall be placed and revegetated in such a way as to ensure that it is not lost to erosion;
(14) Acid-forming rock exposures such as sulfurous coal or acid-forming mine wastes shall be isolated by covering such materials with at least two feet of clay-bearing fill. The final surface covering shall be graded so that surface water will drain away from the acid-forming materials;
(15) Revegetation shall be required as appropriate to stabilize slopes, reduce erosion and turbidity, mask rectilinear contours, and restore the appearance of the land to the extent feasible as appropriate to the subsequent use. Generally, revegetation shall include a multispecies ground cover and trees appropriate to impoverished soils such as pines, junipers, and alders;
(16) Vegetative cover will be required in the reclamation plan as appropriate to the future use of the land.
(17) All surface mining that will disturb or in any way impact streams, riparian zones, or wetlands must comply with the requirements of the state fisheries laws, Title 75 RCW, and every application for an operating permit for such operations must have a reclamation plan that shall have been approved by the departments of fisheries and wildlife with regard to operations in streams, riparian zones, or wetlands as required by Title 75 RCW.
(18) Some or all minimum reclamation standards may be waived in writing by the department in order to accommodate unique and beneficial reclamation schemes such as parks, swimming facilities, buildings, wildlife reserves, and so forth. However, waivers are granted only after written approval of a reclamation plan describing the variances to the minimum reclamation standards, receipt of a favorable state environmental protection agency declaration, and approval by the landowner and by the local land use authority.
Sec. 10. RCW 78.44.100 and 1984 c 215 s 3 are each amended to read as follows:
Upon receipt of an application for a permit, the surface mining site must be inspected by a representative of the department and the county legislative authority. Within twenty-five days of receipt of the application and reclamation plan by the department and receipt of the permit fee, the department and the county legislative authority shall either issue an operating permit to the applicant or return any incomplete or inadequate application to the applicant along with a description of the deficiencies.
Failure to act within the twenty-five day period on the reclamation plan shall not be cause for a denial of a permit. The department shall set the amount of the bond or other security required for a permit governing the surface mining operation set forth in the application.
If the department or the county legislative authority refuses to approve a reclamation plan in the form submitted by the operator, it shall notify the operator, in writing, stating the reasons for its refusal and listing such additional requirements to the operator's reclamation plan as are necessary for the approval of the plan by the department or the county legislative authority. Within thirty days, the operator shall either accept such additional requirements as part of the reclamation plan or file notice of appeal.
The operating permit shall be granted for the period required to mine the land covered by the plan and shall be valid until the surface mining authorized by the permit is completed or abandoned, unless the permit is suspended by the department or the county legislative authority as provided in this chapter. The operating permit shall provide that the reclamation plan may be modified, after timely notice and opportunity for hearing, at any time during the term of the permit for any of the following reasons:
(1) To modify the requirements so that they will not conflict with existing laws;
(2) The department determines that the previously adopted reclamation plan is clearly impossible or impracticable to implement and maintain;
(3) The department determines that the previously adopted reclamation plan is obviously not accomplishing the intent of this chapter; or
(4)
The operator ((and)), the department ((mutually)), and
the county legislative authority agree to change the reclamation plan.
When one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, lease, or otherwise, the department and the county legislative authority may release the first operator from the duties imposed upon him by this chapter as to such operation: PROVIDED, That both operators have complied with the requirements of this chapter and the successor operator assumes the duty of the former operator to complete the reclamation of the land, in which case the department and the county legislative authority shall transfer the permit to the successor operator upon approval of the successor operator's bond as required under this chapter.
Sec. 11. RCW 78.44.110 and 1987 c 258 s 2 are each amended to read as follows:
The permit fees required under this chapter shall be as follows:
(1)
The basic fee for the department's permit shall be ((two hundred
fifty dollars per permit year)) established by the board of natural
resources for each separate location, payable with submission of the
application and annually thereafter with submission of the report required in
RCW 78.44.130: PROVIDED, That a person who has held a valid surface mining
permit and whose property has never been disturbed for surface mining may keep
such permit in effect by paying an annual fee of ((fifty)) one
hundred dollars. Before a person holding a ((fifty)) one hundred
dollar permit begins surface mining during any permit year, that person shall
pay the remainder of the ((two hundred fifty dollar)) established
fee.
(2) In addition, there shall be a five dollar per acre fee for all acreage exceeding ten acres which was newly disturbed by surface mining during the previous permit year, which acreage fee shall be paid at the time of submission of the report required in RCW 78.44.130.
(3) All fees collected shall be deposited in the general fund.
(4) The county legislative authority may set reasonable fees to cover county expenses.
Sec. 12. RCW 78.44.130 and 1970 ex.s. c 64 s 14 are each amended to read as follows:
Within
thirty days after completion or abandonment of mining on an area under permit
or within thirty days after each annual anniversary date of the operating
permit, whichever is earlier, or at such later date as may be provided by
department rules ((and regulations)), and each year thereafter until
reclamation is completed and approved, the operator shall file a report of
activities completed during the preceding year on a form prescribed by the
department to the department and the county legislative authority, which
report shall:
(1) Identify the operator and permit number;
(2) Locate the operation by subdivision, section, township, and range, and with relation to the nearest town or other well known geographic feature;
(3) Estimate acreage to be newly disturbed by surface mining in the next twelve-month period; and
(4) Update any maps previously submitted or provide such maps as may be specifically requested by the department. Such maps shall show:
(a) The operating permit area;
(b) The unit of surface mined area;
(c) The area to be surface mined during the next twelve-month period;
(d) If completed, the date of completion of surface mining;
(e) If not completed, the area that will not be further disturbed by the mining operations; and
(f) The date of beginning, amount, and current status of reclamation performed during the previous twelve months. An operator operating under a combined operating permit may submit a single annual report, but such report shall include the data required in this section for each separate operating area.
Sec. 13. RCW 78.44.140 and 1989 c 230 s 1 are each amended to read as follows:
Upon
receipt of the operator's report, and at any other reasonable time the
department may elect, the department shall cause the permit area to be
inspected to determine if the operator has complied with the reclamation plan
and the department's and the county legislative authority's rules ((and
regulations)).
The operator shall proceed with reclamation as scheduled in the reclamation plan. Following any written notice by the department noting deficiencies, the operator shall commence action within thirty days, or as directed by the department or the county legislative authority if it has determined that emergency actions are required, to rectify these deficiencies and shall diligently proceed until the deficiencies are corrected: PROVIDED, That deficiencies that also violate other laws that require earlier rectification shall be corrected in accordance with the applicable time provisions of such laws. The department may extend performance periods referred to in this section and in RCW 78.44.090, for delays clearly beyond the operator's control, but only when the operator is, in the opinion of the department, making every reasonable effort to comply.
Within thirty days after notification by the operator and when in the judgment of the department and the county legislative authority reclamation of a unit of surface mined area is properly completed, the mining operator shall be notified in writing and his or her bond on said area shall be released or decreased proportionately.
If reclamation of surface mined land is not proceeding in accordance with the reclamation plan and the operator has not commenced action to rectify deficiencies within thirty days after notification by the department or as directed by the department, or if reclamation is not properly completed in conformance with the reclamation plan within two years after completion or abandonment of surface mining on any segment of the permit area, the department is authorized, with the staff, equipment and material under its control, or by contract with others, to take such actions as are necessary for the reclamation of the surface mined areas. If the department intends to undertake the reclamation, the department shall ascertain the probable costs of reclamation and shall notify the operator, the surety, the county legislative authority, and the owner of the probable costs. The operator or surety, or both, shall pay that amount to the department for reclaiming the surface mined land. The department shall keep a record of all necessary expenses incurred in carrying out any project or activity authorized under this section, including a reasonable charge for the services performed by the state's personnel and the state's equipment and materials utilized.
The department shall notify the operator, the owner, the county legislative authority, and the surety by order. The order shall state the amount of necessary expenses incurred by the department in reclaiming the surface mined land and a notice that the amount is due and payable to the department by the operator and the surety to the extent that the amount has not already been paid. The department shall refund all amounts received above the amount of expenses incurred.
If the amount specified in the notice or order is not paid within thirty days after receipt of the notice, the attorney general, upon request of the department, shall bring an action on behalf of the state in the superior court for Thurston county or any county in which the persons to whom the notice or order is directed do business to recover the amount specified. The surety shall be liable to the state to the extent of the bond.
In addition to the other liabilities imposed by this chapter, failure to commence action to rectify deficiencies in reclamation within thirty days after notification by the department or failure satisfactorily to complete reclamation work on any segment of the permit area within two years after completion or abandonment of surface mining on any segment of the permit area shall constitute sufficient grounds for cancellation of a permit and refusal to issue another permit to the delinquent operator until such deficiencies are corrected by the operator.
Sec. 14. RCW 78.44.160 and 1984 c 215 s 7 are each amended to read as follows:
When the department finds that an operator is conducting surface mining on an area for which a valid operating permit is not in effect, or is conducting surface mining in any manner not authorized by his or her operating permit or by the rules and regulations adopted by the department or the county legislative authority, the department or the county legislative authority may forthwith order such operator to suspend all such operations until compliance is effected or assured to the satisfaction of the department and the county legislative authority. In the event the operator fails or declines to obey such order, the operator shall be subject to a civil penalty in an amount of not more than five hundred dollars for each violation by both the department and the county legislative authority. Every day on which a failure or declining to obey the order continues is a separate violation.
The penalty provided for in this section shall be imposed by notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department and the county legislative authority for the remission or mitigation of the penalty. Upon receipt of the application, the department and the county legislative authority may remit or mitigate the penalty upon whatever terms the department and the county legislative authority in its discretion considers proper, provided the department and the county legislative authority considers the remission or mitigation to be in the best interests of carrying out the purposes of this chapter.
A person incurring a penalty under this section may appeal the penalty as provided in RCW 78.44.170. The appeal shall be filed within thirty days of receipt of notice imposing the penalty unless an application for remission or mitigation is made to the department and the county legislative authority. When an application for remission or mitigation is made, the appeal shall be filed within thirty days of receipt of notice from the department and the county legislative authority setting forth the disposition of the application.
A penalty imposed under this section becomes due and payable thirty days after receipt of a notice imposing the penalty unless application for remission or mitigation is made or an appeal is filed. When an application for remission or mitigation is made, the penalty becomes due and payable thirty days after receipt of notice setting forth the disposition of the application unless an appeal is filed from the disposition. If an appeal of the penalty is filed, the penalty becomes due and payable only upon completion of all review proceedings provided for in RCW 78.44.170 and the issuance of a final decision by the department confirming the penalty in whole or in part.
If the penalty is not paid to the department or the county legislative authority within thirty days after it becomes due and payable, the attorney general, upon the request of the department or the county prosecuting attorney, upon request of the county legislative authority, shall bring an action in the name of the state of Washington in the superior court of Thurston county or any county in which the person incurring the penalty does business, to recover the penalty. In all such actions the procedures and rules of evidence shall be the same as in an ordinary civil action except as otherwise provided in this chapter. The attorney general or the county prosecuting attorney shall forthwith take the necessary legal action to enjoin, or otherwise cause to be stopped, such conduct of surface mining.
NEW SECTION. Sec. 15. A new section is added to chapter 78.44 RCW to read as follows:
The county legislative authority shall have the power to conduct or authorize investigations, research, experiments, and demonstrations, and to collect and disseminate information relating to surface mining and operation of and reclamation of surface mined lands.
NEW SECTION. Sec. 16. The department of natural resources and the department of ecology shall jointly develop a mandatory waste removal plan for each public and private surface mining site. The cost of such plan is to be paid by the site operator. The department of ecology shall inspect sites as needed to insure compliance with the waste removal plan. The department of ecology may charge reasonable site inspection fees to cover costs of inspection.
NEW SECTION. Sec. 17. A person domiciled within the state of Washington has standing to seek administrative or judicial relief under this chapter.
NEW SECTION. Sec. 18. 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 of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 19. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.