S-0362.1  _______________________________________________

                         SENATE BILL 5438

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Morton, Rasmussen, Stevens, Benton, Anderson and Hargrove

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

Revising provisions relating to surface mining reclamation permits.

    AN ACT Relating to surface mining; and amending RCW 78.44.151, 78.44.171, and 78.44.910.

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

    Sec. 1.  RCW 78.44.151 and 1993 c 518 s 23 are each amended to read as follows:

    The department and the permit holder may modify the reclamation plan at any time during the term of the permit for any of the following reasons:

    (1) To modify the requirements so that they do not conflict with existing or new laws;

    (2) If the department and permit holder jointly determine((s)) that the previously adopted reclamation plan is impossible or impracticable to implement and maintain; or

    (3) The previously approved reclamation plan is not accomplishing the intent of this chapter as determined by the department and permit holder jointly.

    Modified reclamation plans shall be reviewed by the department as lead agency under SEPA.  Such SEPA analyses shall consider only those impacts relating directly to the proposed modifications.  Copies of proposed and approved modifications shall be sent to the appropriate county, city, or town.

    Sec. 2.  RCW 78.44.171 and 1993 c 518 s 22 are each amended to read as follows:

    Reclamation permits shall be transferred to a subsequent permit holder and the department shall release the former permit holder from the duties imposed by this chapter if((:

    (1))) both permit holders comply with all rules of the department addressing requirements for transferring a permit((; and

    (2) Unless waived by the department, the mine and all others operated by both the former and subsequent permit holders and their principal officers or owners are in compliance with this chapter and rules)).

    Sec. 3.  RCW 78.44.910 and 1993 c 518 s 36 are each amended to read as follows:

    Miners and permit holders shall not be required to reclaim any segment where all surface mining was completed prior to January 1, 1971.  However, the department shall make an effort to reclaim previously abandoned or completed surface mining segments.  However, the department shall not require an applicant to reclaim lands not under his or her control.

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