CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 1468

 

 

                   Chapter 413, Laws of 1997

 

 

 

 

                        55th Legislature

                      1997 Regular Session

 

 

SURFACE MINING FEES--WAIVER FOR SMALL MINES--REMOVAL OF DEPARTMENT OF NATURAL RESOURCES' AUTHORITY TO MODIFY

 

 

 

                    EFFECTIVE DATE:  7/27/97

Passed by the House April 19, 1997

  Yeas 90   Nays 1

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

 

Passed by the Senate April 14, 1997

  Yeas 46   Nays 2

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1468  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

               BRAD OWEN

President of the Senate

          TIMOTHY A. MARTIN

                          Chief Clerk

 

 

Approved May 19, 1997 Place Style On Codes above, and Style Off Codes below.   

                                FILED          

 

 

             May 19, 1997 - 7:22 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                          HOUSE BILL 1468

          _______________________________________________

 

             Passed Legislature - 1997 Regular Session

 

                     AS AMENDED BY THE SENATE

 

                                

State of Washington      55th Legislature     1997 Regular Session

 

By Representatives Buck, Chandler, Grant, Sump, Sheldon, Hatfield, Alexander, Delvin and Pennington

 

Read first time 01/28/97.  Referred to Committee on Natural Resources.

Removing authority to modify reclamation permit fees.  


    AN ACT Relating to surface mining; and amending RCW 78.44.085.

 

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

 

    Sec. 1.  RCW 78.44.085 and 1996 c 70 s 1 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 mines used exclusively for public works projects 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, and if each mine has less than seven acres of disturbed area.

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

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


    Passed the House April 19, 1997.

    Passed the Senate April 14, 1997.

Approved by the Governor May 19, 1997.

    Filed in Office of Secretary of State May 19, 1997.