CERTIFICATION OF ENROLLMENT

                   ENGROSSED SENATE BILL 6635

                        54th Legislature

                      1996 Regular Session

Passed by the Senate February 13, 1996   YEAS 48   NAYS 0 President of the Senate Passed by the House February 28, 1996   YEAS 96   NAYS 0

CERTIFICATE I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 6635 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                    ENGROSSED SENATE BILL 6635

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             Passed Legislature - 1996 Regular Session

State of Washington      54th Legislature     1996 Regular Session

By Senators Morton and Drew

Read first time 01/22/96.  Referred to Committee on Natural Resources.

Concerning application permits for small public works projects mines.

    AN ACT Relating to application fees for mines used primarily for public works projects in counties with 1993 populations of less than twenty thousand; and amending RCW 78.44.085.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 78.44.085 and 1993 c 518 s 14 are each amended to read as follows:

    (1) An applicant for a public or private reclamation permit shall pay an application fee to the department before being granted a surface mining permit.  The amount of the application fee shall be six hundred fifty dollars.

    (2) After June 30, 1993, each public or private permit holder shall pay an annual permit fee of six hundred fifty dollars.  The annual permit fee shall be payable to the department on the first anniversary of the permit date and each year thereafter.  Annual fees paid by a county for ((small)) mines used exclusively for public works projects ((shall be paid on those small mines from which the county elects to extract minerals in the next calendar year and)) and having less than seven acres of disturbed area per mine shall not exceed one thousand dollars.  Annual fees are waived for all mines used primarily for public works projects if the mines are owned and primarily operated by counties with 1993 populations of less than twenty thousand persons.

    (3) After July 1, 1995, the department may modify annual permit fees by rule if:

    (a) The total annual permit fees are reasonably related to the approximate costs of administering the department's surface mining regulatory program;

    (b) The annual fee does not exceed five thousand dollars; and

    (c) The mines are small mines in remote areas that are used primarily for public service, then lower annual permit fees may be established.

    (4) Appeals from any determination of the department shall not stay the requirement to pay any annual permit fee.  Failure to pay the annual fee may constitute grounds for an order to suspend surface mining or cancellation of the reclamation permit as provided in this chapter.

    (5) All fees collected by the department shall be deposited into the surface mining reclamation account.

    (6) If the department delegates enforcement responsibilities to a county, city, or town, the department may allocate funds collected under this section to ((such)) the county, city, or town.

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