S-3259.1 _______________________________________________
SENATE BILL 6066
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Senator McCaslin
Read first time 01/14/92. Referred to Committee on Environment & Natural Resources.
AN ACT Relating to surface mining; adding new sections to chapter 78.44 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The purposes of sections 2 and 3 of this act are to:
(1) Provide for local regulation of surface mining operations in order to prevent or mitigate environmental and social impacts of surface mining operations;
(2) Ensure the right of counties, cities, and towns to regulate surface mining operations so that they are compatible with local land use regulations; and
(3) Ensure that reclamation plans be consistent with local land uses.
NEW SECTION. Sec. 2. Counties, cities, or towns shall regulate surface mining operations and surface mine siting pursuant to the authority granted local government.
For the purposes of this chapter, "surface mining operations" means surface mine-related activities, exclusive of reclamation, that include, but are not limited to activities that affect noise generation, air quality, surface and ground water quality and quantity, glare, pollution, traffic safety, ground vibrations, and/or public safety impacts commonly regulated under provisions of land use or operating permits, or other state laws. Surface mining operations specifically include:
(1) Blasting, equipment maintenance, sorting, crushing, and loading;
(2) On-site mineral processing including heap leaching, asphalt or concrete batching, concrete recycling, and other aggregate recycling; and
(3) Transporting minerals to and from the surface mine, road maintenance, traffic safety, and traffic control.
NEW SECTION. Sec. 3. (1) Counties, cities, and towns enforcing the provisions of this chapter may:
(a) Consider historical surface mining uses but update the operations to be in compliance with this chapter and new operating standards; and
(b) Impose fines pursuant to regulatory ordinances.
(2) Local ordinances shall:
(a) Be performance-based and generally applicable to other land use activities having similar impacts in similar situations in similar land use designated areas; and
(b) Limit exactions and other standards to those that are both authorized by state law and proportional to the direct operational impacts sought to be mitigated.
NEW SECTION. Sec. 4. A surface mining model ordinance advisory committee is hereby created. The committee shall be composed of representatives of local government, state agencies, surface mining interests, and the environmental community. The department of natural resources shall appoint the members of the committee and the department shall staff the committee. This temporary advisory committee shall draft model ordinances for different surface-mining settings and shall assist counties, cities, and towns in developing ordinances. The committee shall also consider various mechanisms for funding the closure of surface mines. The committee shall complete its work and shall expire by July 1, 1993.
NEW SECTION. Sec. 5. Sections 2 and 3 of this act are each added to chapter 78.44 RCW.