SENATE BILL REPORT

SB 5250

BYSenators Sutherland and Amondson

Reclaiming land at surface mining sites.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 31, 1989

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Vic Moon (786-7469)

                  March 3, 1989

AS PASSED SENATE, MARCH 2, 1989

BACKGROUND:

The Department of Natural Resources regulates surface mining activities in the state of Washington.  The department sets the amount of the bond required for surface mining operators.  That bond is held until the surface mining activities are finished and the area is reclaimed according to plans developed by the department and the operator.  The department specifies the amount of the bond required for each surface mining area. 

The original surface mining act provided that monies owed to the department by the operator for reclamation carried out by the state could be recovered by a lien against the reclaimed property if not paid by the operator.  The lien would be enforced in the manner of a mechanic's lien.  Given the changes in the Department of Natural Resources' bonding authority, the mechanic's lien provisions are no longer needed to insure compliance with the reclamation.  The reclamation is guaranteed by a bond which the department would use if the operator failed to reclaim the land.

SUMMARY:

The Department of Natural Resources no longer has the authority to establish a mechanic's lien against surface mined property.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 23, 1989

Senate Committee - Testified: Myron G. Smith (pro)