FINAL BILL REPORT

SHB 56

                                  C 258 L 87

BYHouse Committee on Natural Resources (originally sponsored by Representative Sutherland)

Modifying provisions relating to surface mining permits and fees.

House Committe on Natural Resources

Senate Committee on Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

The Department of Natural Resources (DNR) regulates surface mining in the state.  Legislation defines surface mining as the disturbance of more than two acres of land or removal of more than 10,000 tons of minerals in any 12-month period.  Prior to operation, each operator of a surface mine must obtain an operating permit from DNR at a cost of $250 per year.  The operator must submit and have approved a reclamation plan which identifies a plan to restore the land's vegetative cover and soil stability, and to create appropriate water and safety conditions.

The operator must reclaim surface mined property simultaneously with surface mining to the extent possible.  If simultaneous reclamation is not possible, reclamation must begin at the earliest possible time after mining is finished or abandoned on any "segment" of the property.  In each case, reclamation shall be completed within two years of disturbance.  An application for a mining permit must include a reclamation plan, including proposed subsequent use of the property.  To ensure reclamation, the operator must maintain a bond.  The bond must be an amount determined by DNR to be sufficient to cover the costs of reclaiming the area planned to be mined in the next 12 months plus any additional area which has not been satisfactorily reclaimed.  DNR will set the amount of bond required.

SUMMARY:

The definition of surface mining is changed to exclude references to quantity of material removed.  The definition refers only to the area disturbed.  Top soil is added to the list of minerals excluded from the definition of surface mining.

In certain situations, the Department of Natural Resources can reduce the $250 annual operating permit fee to $50.  This fee reduction is allowed when an operating permit has been issued, but the property has never been disturbed for surface mining.  As long as the property is not disturbed, the permit may be maintained for $50 per year.  However, in order to begin operating, the operator must pay the balance of the current $250 annual fee.

As part of the statement of proposed subsequent use, the operator must obtain signatures of all owners of a possessory interest in the property who respond to notice sent by the operator.  If the recipients of the notice do not respond within 60 days, their signatures are not required.

The department must define by rule the word "segment" as used in statutes relating to reclamation of land after completion or abandonment of mining.

VOTES ON FINAL PASSAGE:

      House 96   1

      Senate    48     0 (Senate amended)

      House 96   1 (House concurred)

EFFECTIVE:July 26, 1987