SENATE BILL REPORT

SHB 56

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

Senate Hearing Date(s):March 31, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Owen, Chairman; DeJarnatt, Vice Chairman; Barr, Craswell, McDonald, Metcalf, Stratton.

Senate Staff:Vic Moon (786-7469)

                  April 2, 1987

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES, MARCH 31, 1987

BACKGROUND:

The Department of Natural Resources (DNR) regulates most surface mining in the state.  The federal government regulates the surface mining operation at the coal plant in Centralia under the Surface Mining Control and Reclamation Act.  Surface mining involves either the disturbance of more than two acres or removal of more than 10,000 tons of minerals in a 12 month period.  Prior to mining, each operator must obtain a permit from DNR at a cost of $250/year.  The operator must submit and have approved a reclamation plan which identifies a plan to restore the land's vegetative cover, soil stability, and create appropriate water and safety conditions.

The operator must reclaim surface mined property simultaneously with surface mining, to the extent possible.  In each case, reclamation shall be completed within two years of disturbance.  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 shall set the amount of bond required.

SUMMARY:

The definition of surface mining is changed to exclude references to quantity removed, referring only to area of less than two acres disturbed.  Removing top soil is added to the list of minerals excluded from the definition of surface mining.

In certain situations, the DNR can reduce the $250 annual operating fee to $50.  Fees paid in excess of $50 in 1985 and 1986 may be credited towards future fees.  Property with an operating permit and which has never been disturbed for surface mining may obtain future operating permits at $50 per year. In order to begin operating, the balance of the $250 fee must be paid.  For the statement of proposed subsequent use, the operator must obtain signatures of all owners of a possessory interest who respond to notice sent by the operator.  If the recipients of the notice do not respond within 60 days, their signature is not required.

If a landowner agrees in writing not to remove any material for a period of five years the permit may be kept in effect by payment of a fee sufficient to cover the cost of an annual inspection but not more that $50.

When the bond to pay for reclamation is insufficient to cover the costs, the authority of the state to put a mechanics lien into effect is revoked.

The Department must define the word "segment" by rule.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Surface mining shall not include on site processing of minerals such as concrete batching or rock crushing.  Surface mining is any area disturbed more than three acres, or that results in pit wells more than 30 feet high and steeper than one foot horizontal to one foot vertical.  Provisions relating to volume of removed materials as part of the definition of surface mining are deleted.

Surface mining does not include the removal of topsoil.  Reclamation requirements apply to areas under stockpiled materials. Individuals who have a possessory interest in land will be given notice of the intent to remove minerals and the proposed subsequent use of those minerals.  If any individual with a possessory interest does not sign the notice within 60 days, that person's signature shall not be required.

A person who has a valid surface mining permit may keep such permit in effect if the property has not been disturbed and an annual fee of $50.00 is paid.  Before surface mining is permitted, a person must pay the remainder of the $250 permit fee.  Provisions relating to the Department of Natural Resources' authority to use a mechanics lien in addition to their bonding requirement authority is deleted.  The Department must define by rule the word "segment" as it applies to parts of a mined area.

Fiscal Note:      available

Senate Committee - Testified: Ray Lasmanis, Department of Natural Resources