Z-0554.1 _______________________________________________
SENATE BILL 5822
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State of Washington 53rd Legislature 1993 Regular Session
By Senator Fraser; by request of Office of Financial Management
Read first time 02/16/93. Referred to Committee on Natural Resources.
AN ACT Relating to mines; adding new sections to chapter 78.44 RCW; repealing RCW 78.44.110; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 78.44 RCW to read as follows:
The surface mining reclamation account is created in the state treasury. Annual mining fees, funds received by the department for reclamation or mine regulatory research, and fines collected pursuant to this chapter shall be deposited into this account.
The department may use funds in the surface mining reclamation account to:
(1) Administer the regulatory program required by this chapter;
(2) Undertake research relating to surface mining reclamation, regulation, and related issues; and
(3) Cover costs arising from appeals and determinations of the department pursuant to this chapter.
The account is subject to chapter 43.88 RCW. Expenditure of funds from this account may only occur after appropriation.
NEW SECTION. Sec. 2. A new section is added to chapter 78.44 RCW to read as follows:
(1) An applicant for a new surface mining permit shall pay an application fee to the department before being granted a surface mining permit. The amount of the application fee is six hundred fifty dollars.
(2) After June 30, 1993, each operator shall pay an annual permit fee of six hundred fifty dollars. The annual permit fee is payable to the department on the first anniversary of the permit date and each year thereafter.
(3) Appeals from a determination of the department shall not stay the requirement to pay an annual permit fee. Failure to pay the annual fee may constitute grounds for an order to suspend surface mining or cancellation of the permit as provided in this chapter.
(4) All fees collected by the department under this section shall be deposited into the surface mining reclamation account.
(5) Beginning July 1, 1994, fees shall be adjusted annually in accordance with the implicit price deflator.
NEW SECTION. Sec. 3. RCW 78.44.110 and 1987 c 258 s 2, 1984 c 215 s 4, & 1970 ex.s. c 64 s 12 are each repealed.
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.
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