Brief Description: Providing the department of natural resources with more consistent enforcement authority for protection against mining without a permit.

Sponsors: Senate Committee on Natural Resources, Ocean & Recreation (originally sponsored by Senators Morton, Jacobsen, Swecker, Rockefeller, Poulsen, Rasmussen, Hargrove and Shin).

Hearing Date: 3/28/07

Staff: Colleen Kerr (786-7168).

Background:

In Washington, "reclamation" means rehabilitation of disturbed areas resulting from surface or underground mining to reestablish the vegetative cover, soil stability, and water conditions at the site. Surface mining activities in Washington consist primarily of rock, sand, and gravel mining. The Legislature has designated the Department of Natural Resources (DNR) to regulate surface mine reclamation in Washington. Persons engaging in surface mining activities must have an approved reclamation plan and a reclamation permit issued by the DNR. Along with these regulatory duties, the DNR has the authority to take enforcement actions when the law, a reclamation plan, or a reclamation permit is violated.

The DNR currently has the following enforcement authorities for surface mine violations:   

• Order to rectify deficiencies: The DNR may issue an order to rectify deficiencies when a       miner or permit holder conducts surface mining in any manner not authorized by statute,       rule, a reclamation plan, or a reclamation permit. The order must specify the deficiencies       and set a required time for compliance.
• Order to suspend surface mining: When a miner or permit holder fails to comply with an       order to rectify deficiencies, the DNR may order that surface mining, on all or part of the       operation, be suspended until the violations have been mitigated to the satisfaction of the       DNR. When a miner or permit holder conducts unauthorized mining activities that create       an imminent danger to health or public safety, DNR may issue an emergency order to       rectify deficiencies and suspend mining.
• Civil penalties: The DNR may impose a fine should the miner or permit holder fail to       obey a DNR order. The amount of the civil penalty may not exceed $10,000 for each       violation, based on a penalty schedule set by rule. Each day an order is disobeyed          constitutes a separate violation. The DNR's penalty decisions are subject to appeal to the       Pollution Control Hearings Board.

Summary of Bill:

The Department of Natural Resources (DNR) is provided several new authorities with regard to enforcement, and several existing authorities are amended.

Notice of correction
The DNR may issue a notice of correction to a permit holder or other person violating statute, rules, a reclamation plan, or a reclamation permit. Issuance of a notice of correction does not limit the DNR's use of other enforcement authorities. The notice must describe the corrections needed and provide reasonable time for the corrections. A notice is not an enforcement action and is not subject to appeal.

Order to rectify deficiencies
The DNR may issue an order to rectify deficiencies to a permit holder or other person violating statute, rules, a reclamation plan, or a reclamation permit. The order must describe the deficiencies and set a required time for compliance. The order becomes final and effective after completion of administrative and judicial review.

Order to stop surface mining
The DNR may issue an order to stop all surface mining to a permit holder or other person who engages in surface mining activities without a permit. The DNR may issue an order to stop surface mining occurring outside of a permit area to a permit holder that does not have the legal right to occupy the area. When a permit holder operates outside of its permit boundary, but within land it has the right to occupy, the DNR may issue an order to stop surface mining outside of the authorized area after the permit holder fails to comply with a notice of correction.

Permit suspension
The DNR may suspend a reclamation permit when a surface mine is out of compliance with a final order of the DNR. A suspension is final and effective after completion of all administrative review proceedings. No surface mining or reclamation may occur while a permit is suspended.

Permit cancellation
A permit holder may seek to cancel a reclamation permit in favor of a local development or construction permit when:
⋅   the permit holder has received a development or construction permit;
⋅   the local jurisdiction and landowner agree to the cancellation; and
⋅   the local jurisdiction assures that construction or development is being implemented.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.