S-0363.1  _______________________________________________

                         SENATE BILL 5437

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Stevens, Hargrove and Benton

Read first time 01/27/97.  Referred to Committee on Natural Resources & Parks.

Removing authority of the department of natural resources to delegate enforcement of reclamation plans.

    AN ACT Relating to surface mining; and amending RCW 78.44.131.

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

    Sec. 1.  RCW 78.44.131 and 1994 c 232 s 24 are each amended to read as follows:

    The need for, and the practicability of, reclamation shall control the type and degree of reclamation in any specific instance.  However, the basic objective of reclamation is to reestablish on a continuing basis the vegetative cover, slope stability, water conditions, and safety conditions suitable to the proposed subsequent use consistent with local land use plans for the surface mine site.

    Each permit holder shall comply with the minimum reclamation standards in effect on the date the permit was issued and any additional reclamation standards set forth in the approved reclamation plan.  The department may modify, on a site specific basis, the minimum reclamation standards for metals mining and milling operations regulated under chapter 232, Laws of 1994 in order to achieve the reclamation and closure objectives of that chapter.  The basic objective of reclamation for these operations is the reestablishment on a continuing basis of vegetative cover, slope stability, water conditions, and safety conditions.

    Reclamation activities, particularly those relating to control of erosion and mitigation of impacts of mining to adjacent areas, 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 of surface mining on any segment of the permit area.

    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 reclamation permit is in force.

    ((The department may by contract delegate enforcement of provisions of reclamation plans to counties, cities, and towns.  A county, city, or town performing enforcement functions may not impose any additional fees on permit holders.))

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