S-1668.1 _______________________________________________
SENATE BILL 5868
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State of Washington 52nd Legislature 1991 Regular Session
By Senator L. Smith.
Read first time February 26, 1991. Referred to Committee on Environment & Natural Resources.
AN ACT Relating to surface mining; adding new sections to chapter 78.44 RCW; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that it is in the public interest to enable counties, in the exercise of their police powers, and in the interest of public health and safety, to regulate the conduct of surface mining activities to the degree that such activities may adversely impact the citizens and visitors of said counties.
NEW SECTION. Sec. 2. A new section is added to chapter 78.44 RCW to read as follows:
Notwithstanding any common law doctrines, any provisions of this chapter, or any express provisions of any reclamation plan to the contrary, the county legislative authority may, in the exercise of its police powers, and in the interest of public health and safety, by the enactment of ordinances, 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;
(4) Screening from neighboring properties;
(5) Dust created by the operation; and
(6) Public safety.
NEW SECTION. Sec. 3. A new section is added to chapter 78.44 RCW to read as follows:
The county legislative authority shall work with cities affected by a surface mining operation to ensure that the cities' interests are protected. If a surface mining activity is conducted wholly within a city, then the city shall have the power vested in the county legislative authority to regulate ongoing affairs of a surface mining operation under this chapter.
NEW SECTION. Sec. 4. 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.