BP BHEAD INT S

AN ACT Relating to metals mining; amending RCW 77.08.010, 78.44.030, 78.44.080, 90.03.260, and 90.48.020; adding a new section to chapter 90.48 RCW; adding a new section to chapter 77.12 RCW; adding a new chapter to Title 78 RCW; creating a new section; prescribing penalties; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature declares that it is the policy of the state of Washington to:

(1) Prevent the degradation of the state's environmental, aesthetic, recreational, social, community, archaeological, and historic resources by metals mining operations;

(2) Require all metals mining operations in the state of Washington to assume the social and environmental costs associated with their operation;

(3) In issuing permits to allow metals mining operations, consider the cumulative impacts of the proposed operation as a decisive factor in permit issuance. Each proposed operation shall be evaluated while taking into consideration existing, planned, or reasonably foreseeable development and natural resource extraction activities and natural occurrences on or off the site;

(4) Before a concerned agency issues a permit, require an applicant to provide clear and convincing evidence demonstrating that a proposed mining operation will have no detrimental effect on humans or the environment;

(5) Authorize all state agencies responsible for protecting the environment of the state to limit, postpone, or prohibit a metals mining operation if the operation presents a danger to the natural, human, or social environment;

(6) Impose substantial monetary, civil, and criminal penalties for unauthorized mining activities or for conducting a metals mining operation in a manner that does not comply with permit requirements.

NEW SECTION. Sec. 2. As used in this chapter:

(1) "Agency" means the department of ecology, department of fisheries, department of wildlife, department of labor and industries, department of transportation, and department of community development.

(2) "Concerned agency" means an agency or the department that must issue a permit or otherwise approve a metals mining operation at the completion of the consolidated application process under sections 3 through 11 of this act in order for a metals mining operation to operate lawfully.

(3) "Consolidated application" means a single document, containing environmental and social impact analysis, strategies for site operation, emergency response and reclamation, and other information required by concerned agencies in order for the agencies to make permitting and approval decisions, that substantially conforms to the requirements for a statement under section 4332 of the national environmental policy act.

(4) "Cumulative impact" means the total impact on the environment that results from the incremental impact of an action if added to other past, present, and reasonably foreseeable future actions, regardless of the agency or person that undertakes the other actions. "Cumulative impacts" may result from individually minor but collectively significant actions taking place over time.

(5) "Department" means the Washington state department of natural resources.

(6) "Detoxification" means removal of all solvents, sulfides, metal or other contaminants from process water, tailings, overburden, or other waste material. For process water, "detoxification" means the process water meets national ambient water quality standards adopted under this chapter. For solid waste, "detoxification" means that when water comes into contact with the solid waste, any resulting contamination of the water does not exceed rules established under RCW 90.48.035 or revised rules based on new scientific data.

(7) "Metals mining" means mining, except placer mining or panning, conducted on state, federal, or private lands for the extraction of metallic ore, including the transportation of materials between the:

(a) Extraction site;

(b) Solvent recovery site; or

(8) "Ore" means a mineral or an aggregate of minerals mixed with gangue, that can be treated.

(9) "Permittee" means a person operating a metals mining operation after obtaining the necessary permits under the consolidated application process set forth in sections 3 through 11 of this act.

(10) "Worst case scenario" means the reasonably foreseeable impacts of an activity including catastrophic consequences even if the probability of occurrence is low, if the analysis is supported by credible scientific evidence, is not based on pure conjecture, and is within the rule of reason.

(11) "Parent" means an individual, partnership, corporation, or other organization holding financial interest in an applicant or permittee or holding a controlling financial interest in another parent.

NEW SECTION. Sec. 3. Each applicant for a permit to operate a metals mining operation shall submit a six‑part consolidated application. The completed application shall include information required under this section and additional information required by rule under section 4 of this act. The six parts of the consolidated application shall consist of:

(1) General information requirements, which shall include:

(a) Name, location, and mailing address of the facility;

(b) Name, mailing address, and phone number of the applicant and a registered agent for the applicant;

(d) List of the applicant's parents;

(e) Name and location of all mining operations in the United States owned by the applicant's parents;

(f) Land ownership status of the facility;

(g) All applications for the patenting of federal lands by the applicant;

(h) Complete review and full documentation of all previous mining activity and impacts of the activity in the area of the proposed operation;

(i) An assessment of the cumulative environmental impacts on existing, currently proposed, and reasonably foreseeable development in the area;

(j) An assessment of all alternatives to the plan of operation, the size and scope of the proposed activity, and the location of the proposed activity that minimize or eliminate harm to the human and natural environment, including, but not limited to, as applicable, consideration of:

(i) Operation of an underground operation instead of an open pit;

(ii) Variations in the operating schedule to lengthen the lifetime of the operation;

(iii) Contained chemical leaching instead of heap leaching;

(iv) Mechanical processing instead of chemical processing;

(v) The no‑action alternative in which the operation does not take place;

(k) A complete assessment of the economic benefits and costs over time to affected communities of all alternatives considered in (j) of this subsection (1), including an economic assessment of the value of the minerals to be mined against the costs of mitigation measure and other resources lost versus the value of an undisturbed, intact ecosystem to those communities;

(l) A surface and subsurface description of the proposed facility site and areas to where operation expansion is a possibility to characterize the local hydrologic and geological regimes, including characterization of ores present;

(m) A topographic site map and aerial photos extending at least fifteen miles beyond the outer limits of the facility site, identifying and showing the following features:

(i) All wells, springs, wetlands, surface waters, and irrigation ditches within fifteen miles of the site boundary;

(ii) All process water supply sources;

(iii) All public and private drinking water supply sources within fifteen miles of the site boundary;

(iv) All United States geologic survey identified flood plain areas as shown on sectional quadrangle maps;

(v) All service roads and public roads currently in existence and the location of service roads proposed for construction;

(vi) All historic records of precipitation and temperature;

(vii) All buildings and structures within five miles of the site boundary and their function; and

(viii) All results of exploratory mineral surveys within the site boundary and lands adjacent to or within fifteen miles of the site boundary;

(n) Identification of threatened, endangered, or candidate species under the endangered species act, 16 U.S.C. Secs. 1531‑1543 found within fifteen miles of the site boundary and the likely impacts upon these species by the proposed operation;

(o) Topographic maps, aerial photos, and an accompanying engineering report with drawings showing the location and design of those portions of the facility intended to contain or detoxify process water;

(p) Topographic maps, aerial photos and an accompanying engineering report with drawings showing the location and design of those portions of the facility designed to contain, on a permanent or temporary basis, all mine spoils, tailings, and overburden generated. The applicant shall supply data to support the conclusion that methods chosen use the best available technology and the best management practices for the control of acidic and toxic contamination of ground and surface waters. All methods adopted shall be consistent with the requirements of chapter . . ., Laws of 1993 (this act);

(q) Consideration of potential seismic occurrences and their implications and impacts on the proposed operation;

(r) The information provided in paragraphs (i) and (j) of this subsection (1) shall be sufficiently detailed to allow the concerned agencies to make necessary factual determinations concerning design competence and environmental protection and shall include the following:

(i) A drawing that shows surface gradients and flow of runoff and run‑on;

(ii) Design criteria and processing schematic;

(iii) Leach pad and pond cross sections;

(iv) Details of the liner system for pads, ponds, and process related impoundments;

(v) Treatment process schematics;

(vi) Leak detection and monitoring system details;

(vii) A hydraulic survey identifying ground and surface water relationships, ground water flow, and estimated aquifer recharge rates;

(viii) An estimate of the projected rate of aquifer drawdown;

(ix) A water quality profile for all affected and potentially affected aquifers and provisions for testing at a variety of depths and locations;

(x) A survey of fish and wildlife within fifteen miles of the site boundaries that includes a detailed description of existing habitat upon which the fish and wildlife are dependent;

(xi) Current population of local communities and population growth rate projections for the next fifty years; and

(xii) An estimate of current land and water use requirements of local communities and projected use over the next fifty years.

(2) Operating plans, which shall include:

(a) A general ore processing overview that accurately identifies all planned construction and excavation;

(b) A plan for habitat and wildlife protection. The wildlife protection plan shall be based on a no‑death standard;

(d) A plan for backfilling and grading all excavations, including open pits and shafts, using all available overburden and other spoils and waste material in order to restore the approximate original contour of the area;

(e) A plan for concurrent reclamation of at least twenty-five percent of the area to be disturbed for each year of operation;

(f) A plan for revegetation with native flora species and for ongoing ecosystem maintenance. Flora density and diversity shall be comparable to undamaged ecosystems in the area. A decision to broadcast seed rather than plant seedlings must be justified;

(g) A water management strategy that describes:

(i) The process water balance and the methods to manage all process water, process‑containment water, run-off or run‑on water, excess water due to flood, rain, snow melt, or other similar event and emergency release;

(ii) The basis for impoundment volumes and all estimations;

(iii) The strategy for ground and surface water quality monitoring to ensure that the water remains of potable quality;

(iv) If applicable, a seasonal closure strategy that describes procedures, methods, and schedules to be implemented for the detoxification of process water, the control of drainage from the facility during the period of closure, the control of drainage from the surrounding area, and the secure storage of chemicals; and

(v) A permanent closure plan that describes procedures, methods, and schedules to be implemented for the detoxification of process water, and the control and monitoring of potential discharges;

(h) A plan for storage of cyanide and other hazardous material;

(i) A plan for employee orientation and ongoing education that stresses emergency clean‑up response, effective monitoring, and the proper handling of cyanide and other hazardous material;

(j) A plan for tracking hazardous material that is transferred to disposal sites off the mine premises to ensure proper disposal;

(k) A plan for baseline air quality sampling. If an operation is located in an area designated a "class I" airshed, the operator must outline steps to be taken to prevent violation of standards adopted pursuant to the federal clean air act, as amended;

(l) A plan for noise and light pollution reduction;

(m) A plan to respond to potential seismic occurrences and their implications and impacts on the operation.

(3) A local impact analysis, which shall include an impact plan describing the economic impact the proposed mining operation will have on owners of land within fifteen miles of the site boundaries and affected cities, counties, or special districts. An impact plan shall include but need not be limited to:

(a) A timetable for development of the project;

(b) The estimated number of persons coming into the impacted area as a result of the mine;

(d) The increased capital and operating costs to cities, counties, or special service districts for providing services that can be expected as a result of development;

(e) Financial or other assistance, the permittee will give to cities, counties, or special service districts to meet the increased need for services;

(f) An evaluation of the compatability of the operation's impact with a comprehensive plan adopted by an affected region, county, or locality under chapters 36.70 and 36.70A RCW.

(4) A worst‑case scenario analysis.

(5) All other information required by rule under section 5 of this act.

(6) A meaningful synopsis of the information required by subsections (1) through (5) of this section of no more than sixty pages, useful to concerned lay people who wish to assess the proposed operation and comment on the application.

NEW SECTION. Sec. 4. (1) The department shall establish by rule additional information requirements to be submitted as part of the consolidated application. The application shall be designed to include all information required to determine whether to issue the following permits or approvals as they may be needed for the proposed operation:

(a) Approval of forest practices under chapter 76.09 RCW;

(b) Explosives use license under chapter 70.74 RCW;

(d) Shoreline substantial development permit under chapter 90.58 RCW;

(e) Waste disposal permits and approvals under chapters 90.48, 90.52, and 90.54 RCW;

(f) Permits to appropriate water under chapter 90.44 or 90.03 RCW;

(g) Hydraulic project approval under chapter 75.20 RCW;

(h) Landfill or dumping approval under chapter 70.95 RCW;

(i) Hazardous waste disposal permit under chapter 70.105 RCW and the federal resource conservation and recovery act;

(j) Air pollution permits under chapters 43.21A and 70.94 RCW;

(k) Burning permit under chapter 76.04 RCW and the federal clean air act;

(l) Archeological excavation permit under chapter 27.53 RCW;

(m) Game fish mitigation approval under chapter 77.18 RCW;

(n) Wildlife protection permit under chapter 77.12 RCW;

(o) Flood plain management approval under chapter 86.16 RCW.

(2) In addition to developing the content of the consolidated application, the department also shall establish an initial nonrefundable application fee to be submitted with the application.

(3) After the department receives the consolidated application and distributes the application to all concerned agencies and after the scoping process required under section 8 of this act is complete, each concerned agency shall submit an estimate of the agency's anticipated application review costs, including estimated costs to the department for a report required by section 5 of this act and chapter 43.21C RCW. The department shall compile a processing fee schedule to be paid by the applicant before any further action is taken by the concerned agencies. The processing fee shall not be lower than the sum of all costs submitted by the concerned agencies. The applicant also shall be responsible for payment of unanticipated costs incurred by a concerned agency in processing the application.

(4) In adopting the application under subsection (1) of this section, the department shall consult with the department of ecology and the department of wildlife in order to coordinate rules adopted under this section with rules adopted by those agencies relating to the consolidated application process established under sections 3 through 11 of this act. If there is a conflict between the provisions of chapter . . ., Laws of 1993 (this act) and any other statutory provision or a rule adopted by an agency, the more stringent statute or rule shall apply. The department shall include all information reporting requirements of any agency in the consolidated application.

(5) The applicant may not directly contract with consultants to conduct studies necessary to satisfy the information requirements of the consolidated application. The department shall contract with consultants to gather the information needed at the expense of the applicant.

(6) Each concerned agency shall take into consideration environmental or social impact review required by the federal government and other information generated that is not included in the consolidated application process, but information or a study commissioned by a concerned agency shall take precedence.

NEW SECTION. Sec. 5. (1) The approval by the department of a permit to operate a metals mining operation shall be considered a major action having a probable significant, adverse environmental impact under chapter 43.21C RCW. Before the department may approve such a permit, the department shall make a report and recommendation as required under RCW 43.21C.030.

(2) The applicant shall pay the costs of a report required by subsection (1) of this section above the costs for a report estimated by the department and included in the application processing fee.

NEW SECTION. Sec. 6. Within five days after each of the following actions, the department shall give public notice of:

(1) Receipt by the department of a notice of intent to file a metals mining application;

(2) Receipt of a completed consolidated application acceptable to all agencies;

(3) Determination of the date of the informal hearing required under section 13 of this act;

(4) Determination of the date of the formal hearing required under section 14 of this act;

(5) A determination by the department or a concerned agency to issue a notice of intent to issue a permit or to deny the application for a permit;

(6) The notice of an appeal granted or denied;

(7) The scheduling of a public meeting related to a proposed or operating metals mining operation;

(8) An application for modification of the permit conditions or for modification of permitted activities.

NEW SECTION. Sec. 7. (1) The notice required under section 6 of this act shall be reasonably calculated to give actual notice to all affected persons. Written notice shall be mailed by first class mail to:

(a) The applicant;

(b) All persons on the department's mailing list who request to be notified, which shall include persons who have contacted the department and concerned state or federal agencies; and

(2) In addition to the notice provided under subsection (1) of this section, the department shall publish the notice each day for at least one week in a newspaper of general circulation in the county or counties nearest to the proposed metals mining operation. The notice shall include information regarding where a person may obtain a copy of the consolidated application or impact analysis. These documents shall be made available to concerned persons at numerous locations in the affected county or counties and across the state.

(3) The permittee for a metals mining site or exploration site that is established in anticipation of metals mining activity shall post signs along the perimeter of the operations at intervals of not more than one hundred feet. The sign shall provide the department and United States bureau of land management or forest service permit numbers and the name and location of the mine. The signs shall be clearly visible and state:

"WARNING: The environment behind this sign may be severely disturbed as the result of a (company name) metals mining operation. Concerned person should contact the Washington Department of Natural Resources at (department phone number) for further information."

NEW SECTION. Sec. 8. (1) A person who intends to apply for a metals mining permit under section 10 of this act shall file with the department a notice of intent to file an application for a metals mining permit. The notice of intent must describe the proposed mining operation with sufficient detail to enable the department to identify the proposed site and understand the proposed operation.

(2) The department shall cause notice to be given as required under section 6 of this act whenever a notice of intent is filed and provide a description of the proposed operation in sufficient detail to inform the public of its location and possible impact.

NEW SECTION. Sec. 9. (1) Upon receipt of a notice of intent under section 8 of this act, the department shall initiate a preapplication scoping process in which agencies and the public shall identify areas of concern that must be addressed in the consolidated application.

(2) A concerned agency may amend the data required on the consolidated application developed under section 3 of this act to include concerns raise by persons or agencies during the preapplication scoping process or to include additional information relevant to the decision‑making process.

(3) The preapplication scoping process shall begin ninety days after the department issues a notice of intent to establish a metals mining operation. The scoping process shall take place for a period of forty-five days. The concerned agencies shall have an additional forty-five days to add additional information reporting requirements to the consolidated application. The applicant shall be allowed as much time as needed to comply with the agency information requirements.

NEW SECTION. Sec. 10. (1) A person proposing to conduct a metals mining operation shall complete and submit the consolidated application developed under section 3 of this act. An application shall not be processed:

(a) Until all concerned agencies verify that the application is complete;

(b) If an applicant, its parent, or any subsidiary of an applicant's parent is currently in violation of or noncompliance with a federal law or regulation or a statute or regulation of a state relating to a mining operation;

(c) If the applicant, its parent, or a subsidiary of an applicant's parent was found in violation of or in noncompliance with a federal statute or regulation or a statute or rule of the state related to a mining operation during the two‑year period immediately preceding the date the applicant filed a notice of intent under section 8 of this act.

(2) An expansion or significant modification of an existing metals mining facility that was not anticipated in the consolidated application and addressed by a condition in the permit of a concerned agency shall be approved through the consolidated application process described in section 3 of this act. The department of ecology, in consultation with other concerned agencies, shall determine whether a proposed modification is significant.

(3) A permit authorizing an activity related to a metals mining operation is valid for a period of not more than five years. Upon expiration of a permit, the permittee shall submit a new consolidated application and comply with the process set forth in sections 3 through 9 of this act.

(4) A concerned agency may, at its discretion, revoke a permit prior to the expiration of the permit or add a new permit condition to an existing permit if the action is considered necessary to protect human health or the environment.

(5) If there is a reasonable doubt as to the validity, quality, or quantity of information provided by an applicant in the consolidated application, the applicant shall resolve the doubt to the satisfaction of the concerned agency that included the information reporting requirement in the consolidated application. If the applicant fails to resolve the doubt, the concerned agency shall deny the permit. Consistent with the requirement of a cumulative impact analysis, a concerned agency that believes there is a reasonable doubt as to the validity or quality of information necessary to the permitting decision of another concerned agency may request that the other concerned agency verify the information. If reasonable doubt exists, a member of the public may also request verification of the application information. In addition, if a member of the public has a reasonable doubt, the person may petition a concerned agency to review the validity of the information. The petition shall become part of the public record and the concerned agency shall either act on the petition or address the petitioner's concern in the agency's decision document.

NEW SECTION. Sec. 11. (1) The applicant shall provide a copy of the completed application to:

(a) Each concerned agency from whom the applicant must obtain a permit; and

(b) Persons or organizations that have expressed an interest in reviewing the consolidated application.

(2) An agency shall return without processing an incomplete application, even if the portion of the application the agency is responsible for is complete.

(3) Each completed application shall be a public record and shall be available for public inspection at several locations in the affected county or counties and across the state.

(4) The department shall maintain the mailing list of interested persons to whom an applicant must provide copies of the consolidated application under subsection (1) of this section.

(5) Each application shall be accompanied by the fee established under section 4 of this act.

(6) Upon acceptance of a completed consolidated application approved by all concerned agencies, the department shall issue a public notice in accordance with section 6 of this act advising the public that the application has been accepted for processing.

NEW SECTION. Sec. 12. Before issuing an operating permit to an applicant, the concerned agencies shall calculate the administrative costs of regulating the proposed metals mining operation for a period of one year. The costs shall include but need not be limited to construction and reclamation oversight, inspections, and thorough, effective, and regular monitoring. The concerned agencies shall also estimate the long-term monitoring costs for the site beyond the life of the operation. The total amount of all such administrative costs and a pro rata portion of the long-term monitoring costs, calculated so that the whole estimated long-term monitoring costs shall be paid over the life of the operation, shall be the annual operating permit fee, and shall be paid by the permittee before a permit is issued. The concerned agencies shall review the fee annually to ensure that the annual operating fee is adequate to pay the expenses of the concerned agencies. If an applicant fails to pay the annual operating fee, the permit shall be revoked.

NEW SECTION. Sec. 13. (1) Not less than thirty days after the department provides public notice of acceptance of an application, the department, in conjunction with other agencies responsible for issuing a permit or for approving the issuance of a permit, shall conduct an informal public hearing.

(2) The purpose of the informal public hearing shall be to:

(a) Establish the agenda for the formal hearing conducted under section 14 of this act; and

(b) Allow persons an opportunity to comment on the proposed metals mining operation.

(3) All testimony, whether written or oral, received at the informal hearing shall become a public record and, upon request of a party or an agency, may be made a part of the record of the formal hearing conducted under section 14 of this act.

(4) In addition to the comments received at the informal hearing, a person or agency may submit written comments within thirty days after the close of the informal hearing.

NEW SECTION. Sec. 14. (1) No sooner than six months after each concerned agency has completed a draft permit and decision documents, the department shall conduct a formal hearing on the metals mining application. Except as provided in this section, the hearing shall be conducted according to the provisions under chapter 34.05 RCW applicable to adjudicative proceedings.

(2) Each concerned agency may appoint a hearings officer to participate in the formal hearing or a single hearings officer may be appointed by the department with the consent of all other concerned agencies.

(3) Information received in the informal hearing conducted under section 13 of this act may be used by the participants in the formal hearing.

NEW SECTION. Sec. 15. (1) An organization or coalition representing twenty or more persons, or a person who may be distinctly affected by the proposed operation, may participate in the formal hearing process under section 14 of this act. An organization representative, an individual, or an attorney for an organization or individual may present witnesses, cross‑examine hostile witnesses, and submit other evidence required to support the position of the organization or individual.

(2) Funding shall be provided to community or environmental organizations wishing to improve the quality of its participation in the formal hearing. Funding will be made available through public participation grants offered in chapter 70.105D RCW.

NEW SECTION. Sec. 16. (1) All concerned agency decisions regarding whether to issue a permit shall be based on evidence in the formal hearing record.

(2) Notwithstanding subsection (1) of this section, all concerns of participants in the informal hearing shall be addressed. The department shall determine the concerned agency that is best able to respond to the participant's concern.

NEW SECTION. Sec. 17. Nothing in sections 13 through 16 of this act is intended to limit the right of informal or formal hearing participants to pursue an administrative or court appeal.

NEW SECTION. Sec. 18. (1) The department and agencies shall incorporate into the permit commitments that a permittee makes regarding plans of operation and technical design criteria during the permit approval process. The commitments shall be binding on all subsequent mine owners or mining right lease holders.

(2) Before the department or agencies authorize the assumption of a metals mining permit by a subsequent mine owner or mining right lease holder, the subsequent owner or lease holder shall provide proof of financial ability and intent to comply with all terms of the original permit, all conditions attached to subsequent plan and permit modification, and all written and oral agreements with concerned agencies or third parties.

(3) Notwithstanding any other provisions of chapter . . ., Laws of 1993 (this act) no permit shall be issued:

(a) If an applicant, a parent, or a parent's subsidiary is currently in violation of or noncompliance with federal statutes or regulations or statutes or rules of a state relating to a mining operation.

(b) If the applicant, a parent, or a parent's subsidiary was found in violation of or noncompliance with a federal statute or regulation or a statute or rule of a state related to a mining operation during the two‑year period immediately preceding the date the applicant filed a notice of intent under section 8 of this act.

NEW SECTION. Sec. 19. (1) All exploration in anticipation of conducting a metals mining operation as defined in section 2 of this act shall be conducted in a manner that minimizes impacts to water quality, wildlife, vegetation, and the natural beauty of the land.

(2) All exploration in anticipation of conducting a metals mining operation shall comply with all reclamation, monitoring, and waste handling requirements applicable to a permitted, operating metals mining site under chapter . . ., Laws of 1993 (this act). In addition, the department shall adopt rules that address any unusually destructive activities associated with metals mining exploration and provide for public participation in the exploration permitting process.

(3) Any person conducting exploration in anticipation of a metals mining operation shall pay a fee in an amount determined by the department to be adequate to cover the cost of investigating and monitoring the exploratory activity.

NEW SECTION. Sec. 20. (1) A person engaging in exploration for the purposes of a metals mining operation shall obtain an exploration permit regardless of the size of the exploration site.

(2) Prior to receiving an exploration permit, an applicant shall submit a permit application on a form provided by the department. Information required shall include the information necessary to assess impacts of the proposed exploration, including but not limited to:

(a) The name and address of the surface owner and mineral owner;

(b) The names and addresses of the persons conducting the exploration;

(d) A brief description of the exploration activities, including but not limited to:

(i) The amount of road to be constructed;

(ii) The number, depth, and location of proposed drill holes;

(iii) The number, depth, and location of proposed monitoring wells; and

(iv) The number, length, width, and depth of exploration trenches;

(e) Provisions for the reclamation of surface disturbance caused by exploration activities;

(f) Exploration drill hole or monitoring well abandonment procedures, including but not limited to:

(i) The capping of all holes;

(ii) The plugging of holes producing surface flow; and

(iii) Appropriate sealing for holes that have encountered aquifers;

(g) A map with the location of the proposed exploration and delineation of exploration boundaries.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, a person engaged in exploration for purposes of a metals mining operation shall follow the procedure established under section 19 of this act.

NEW SECTION. Sec. 21. (1) At least monthly, for a period of two years previous to the start up of a facility, the department shall gather baseline data on the following aspects of the site area:

(a) Surface and ground water quantity;

(b) Surface and ground water quality;

(d) Noise levels;

(e) Light levels;

(f) Species and frequency of flora;

(g) Species and frequency of fauna; and

(h) Other aspects as designated by a concerned agency.

(2) In determining locations in and around the area of the facility for the taking of baseline data and the means to be used and measures to be taken for the gathering of baseline data, the department shall consult with the department of ecology and the department of wildlife.

(3) The permittee shall reimburse the department for costs of gathering the baseline data prior to start up of a facility.

(4) Baseline data gathered shall be made available upon request to concerned citizens.

NEW SECTION. Sec. 22. The permittee shall notify the department and all concerned agencies of the permittee's intent to construct, start up, seasonally close, or close a facility. The permittee shall provide such notice at least thirty days before the action is to begin.

NEW SECTION. Sec. 23. A new section is added to chapter 90.48 RCW to read as follows:

(1) A permit issued under RCW 90.48.160 for discharge resulting from a metals mining operation shall include at least the following conditions:

(a) Protective measures required by the department of wildlife after reviewing the proposed operation;

(b) An eight-foot high chain link fence and hardware cloth extending two feet below and two feet above ground must encircle all artificial bodies of water;

(c) All artificial bodies of water must be wholly contained or covered fully with netting approved by the department of wildlife to prevent harm to or death of wildlife;

(d) All metals and acidity levels within the mill tailings and tailing ponds must be neutralized and detoxified to a level not lethal to wildlife, humans, or the environment;

(e) All ore heaps and chemical solvent distribution systems must be covered to prevent the creation of a pool and subsequent attraction of wildlife;

(f) A requirement that the holder of the permit must immediately report to the department of wildlife each death or contamination of bird or wildlife associated with the artificial body of water for which the permit is issued; and

(g) A provision granting the department of natural resources and concerned agencies unlimited access without prior notice to enter the site of the metals mining operation.

(2) A one and one‑half mile buffer zone shall be established between the metals mining operation and a residence, business establishment, farm or community, state or federal wildlife refuge or area, park, monument, scenic waterway, wilderness, wilderness study area, or other state or federal preservation area.

(3) If the conditions required under subsections (1) and (2) of this section are imposed under a permit issued under this chapter, the conditions need not be duplicated in a permit issued under RCW 90.48.160 for the same operation.

NEW SECTION. Sec. 24. A new section is added to chapter 77.12 RCW to read as follows:

The state wildlife commission shall establish by rule a process by which the department of wildlife may issue a permit to an applicant for a metals mining operation. The rules shall include guidelines, procedures, and standards of operation that a metals mining operation must comply with in order to protect wildlife. The guidelines, procedures, and standards shall be consistent with the provisions of chapter ..., Laws of 1993 (this act).

NEW SECTION. Sec. 25. (1) The department of ecology shall establish by rule design criteria to assure that all metals mining operation facilities are designed to contain the maximum expected operating capacity including capacity required to contain the probable maximum flood, as determined by the national weather service, with a safety factor of fifty percent. The capacity requirement also shall take into consideration capacity required to contain snow melts. Containment design shall be based on data supplied by the national weather service.

(2) Impoundments, tanks, pipes, pumps, or mechanisms designed to contain or convey process water, mine tailings, or overburden, shall include a leachate monitoring and collection system and an overflow containment and spill detection system.

NEW SECTION. Sec. 26. (1) The permittee shall ensure that construction, operation, and maintenance of the metals mining operation proceeds according to the design plans and specifications and operating and reclamation plans as approved by the department and concerned agencies.

(2) Not more than ten days after completion of each major component of the metals mining operation as determined by the department, the permittee shall submit to the department complete and accurate record drawings and specifications, signed by a registered, professional engineer depicting actual construction.

(3) For those portions of the metals mining operation facility that have the potential to cause environmental and human health impacts, the permittee must show the actual construction is in complete compliance with the design requirements. A permittee may show substantial compliance with regard to design specifications for other parts of the facility if a professional engineer certifies that the deviation does not affect any portion of the facility with the potential to cause environmental or human harm and if the department, in consultation with other concerned agencies, grants approval.

NEW SECTION. Sec. 27. (1) During activities associated with a metals mining operation, there shall be minimum disturbance to ground and surface water. The permittee shall use best available technology and best management practices to prevent any acidic and toxic contamination of the water resources.

(2) The permittee shall conduct the excavation in a manner that assures that any water that comes into contact with a disturbed area is contained. The excavation shall form a depression large enough to trap any ground water, surface water run off, or precipitation.

NEW SECTION. Sec. 28. (1) All leach pads and ponds, leachate conducting ditches, pipes, and pumps shall be equipped with liners that meet the following minimum standards:

(a) Each pad, pond, ditch, pipe, or pump shall be equipped with three synthetic hydraulic liners.

(b) Each liner shall be designed for a maximum coefficient of permeability of 10 ‑7 cm/sec.

(d) A leachate monitoring and collection system shall be installed between the synthetic liners and between the bottom synthetic liner and the clay base.

(e) All monitoring systems shall be electronic so that data retrieval regarding containment status is immediately available and detailed.

(f) A minimal hydraulic head above the liner must be established.

(g) If a leak is detected in either the upper, middle, or lower liner, leaching operations shall cease immediately and shall not resume until the liner is repaired.

(h) Each liner shall rest on a minimum of three feet of recompacted clay with a maximum coefficient of permeability of 10 ‑7 cm/sec.

(2) Leach pad and pond foundations shall be designed to withstand projected static and dynamic loading and to prevent liner fractures or stress due to differential settlement.

(3) All tailing ponds shall either comply with the standards set forth in this section or all solvents, sulfides, and sediments must be removed from the process water so that the process water is totally detoxified.

(4) A department of ecology inspector shall supervise all stages of artificial water impoundment construction. The permittee shall be responsible for all costs of the department of ecology oversight.

NEW SECTION. Sec. 29. (1) The permittee shall stabilize and protect all surface areas, including spoil piles, in order to control erosion, prevent pollution of the water resources of the state, and prevent contamination by siltation, chemicals, and toxic substances.

(2) If an interim disposal area is located near springs or other natural or artificial bodies of water, the permittee shall prevent ground water, surface water, or precipitation from infiltrating the spoil material.

(3) The permittee shall construct all waste piles in compact layers, including piles consisting of tailings and overburden, using an impervious cap to prevent infiltration.

(4) The permittee shall cover or detoxify all acidic or toxic spoils to prevent ground water and surface water contamination.

NEW SECTION. Sec. 30. (1) The department of ecology shall conduct a ground water and surface water monitoring program for all metals mining operation facilities and excavation sites. The department of ecology shall use best available technology to gather information on the metals mining operation's effect on ground water and surface water contamination. The monitoring program also shall be designed to give the earliest possible warning of contamination.

(2) If a leak or spill is detected, the permittee shall cease all processing operations until the problem is resolved. If the cause of the leak or spill is a pad tear, the permittee shall either clear the pad and repair the tear or use best available technology to seal the tear.

(3) The department of ecology shall use an automated electronic monitoring system to collect daily water quality records. These records shall reflect any increase in ground water or surface water pollutants above a baseline contamination level established before the metals mining operation began. In addition, the department of ecology shall record known discharges, liner tears, and the permittee's intent to repair liner tears. The department of ecology shall make the records available for public inspection

(4) If a permittee knows, should have known, or has cause to suspect that a leak has developed or a spill has occurred and fails to immediately report the leak or spill to the department of ecology within six hours, the permittee shall be subject to fines, permit revocation, and criminal penalties.

(5) The department of ecology shall oversee all liner repairs or any other repairs or modifications that have the potential to cause harm to the human or natural environment. The permittee shall be responsible for payment of all costs for the department of ecology oversight and monitoring.

NEW SECTION. Sec. 31. (1) Liquid cyanide or other liquid solvent intended for use in the metals mining process shall be transported within the state of Washington by methods as established by the department of ecology by rule. The rules shall address standards relating to quantity of liquid being transported, road conditions, time of day, climatic conditions, and availability of emergency response and cleanup equipment.

(2) The permittee shall keep cyanide and other leaching compounds in storage physically separated and protected from other substances, including but not limited to acids and strong oxidants, that are not chemically compatible.

NEW SECTION. Sec. 32. The department of ecology by rule shall establish rules for monitoring and controlling fugitive dust emissions generated by mining activities. The rules shall be consistent with requirements of the federal Clean Air Act, as amended (P.L. 101‑549).

NEW SECTION. Sec. 33. (1) The permittee shall design and implement an orientation program for new employees and a continuing education program for all employees. The programs shall stress effective monitoring, emergency discharge response, proper handling of cyanide storage containers, equipment associated with cyanide leaching, and the importance of using caution in a metals mining operation.

(2) The orientation program shall be a minimum of sixteen hours and the continuing education program shall be at least eight hours a year. The department of ecology, in conjunction with the department of labor and industries, shall oversee the programs. The permittee shall be responsible for payment of all costs for the department of ecology oversight.

NEW SECTION. Sec. 34. (1) A permittee shall prepare a manifest for all process‑related waste transported from the operation. The manifest shall designate the licensed waste disposal site at which the waste will be disposed.

(2) If the permittee does not receive a copy of the completed manifest from the designated waste disposal site, the permittee shall determine whether the waste was received at the disposal site for proper disposal.

(3) The permittee shall report all manifest discrepancies to the department of ecology within twenty-four hours.

(4) The permittee shall be subject to fines and permit revocation for manifest discrepancies.

NEW SECTION. Sec. 35. (1) In addition to other rights of access, an agency investigator or a department investigator and any person accompanied by such an investigator may enter a metals mining operation at any time for the purpose of ensuring compliance with the rules of the agency.

(2) An agency investigator or a department investigator shall have access to all documents or records, kept on or off the premises, pertaining to the maintenance or operation of the facility. An investigator may copy the documents.

(3) An investigator may test equipment and perform other monitoring activity required on the premises even if the testing or monitoring activity requires the temporary interruption of the metals mining operation.

NEW SECTION. Sec. 36. (1) A permittee shall have a seasonal and temporary close procedure designed to ensure that there is no movement of contaminants from leach pads, ponds, or equipment or from leaching solution storage areas into ground water or surface water during periods of short-term closure of the metals mining operation. The seasonal and temporary close procedure shall include, at a minimum:

(a) A daily automated monitoring program for all potentially hazardous aspects of the closed facility;

(b) Monitoring records that shall be kept and weekly reports that shall be submitted to the department of ecology;

(c) An emergency response strategy for problems that may occur during closure to the permitting agencies. The emergency response strategy shall demonstrate that sufficient resources are available to implement an emergency response during the closure period. The emergency response strategy for closure periods shall be submitted as part of the consolidated application submitted under section 10 of this act.

(2) Before finally closing a metals mining operation on a seasonal or temporary basis, the operator shall notify the department and the department of ecology. The department and the department of ecology shall inspect the site and issue a seasonal or temporary closure permit if:

(a) The site is properly secured;

(b) A daily monitoring plan is in place; and

(3) In order to maintain an operating permit, a metals mining operation must operate at full capacity for at least six months of any twelve-month period. The department or the department of ecology shall require permanent closure for sites that have been temporarily closed for more than six months. If a metals mining operation that has been seasonally closed does not resume operations within two months after a seasonal change that allows the resumption of mining operations, the department or the department of ecology may require permanent closure.

NEW SECTION. Sec. 37. (1) Before issuing a permit, the department of ecology shall determine whether overburden and other spoils and waste material can be backfilled without causing a threat to human health or the environment. If the department of ecology determines that the material cannot be safely backfilled, no permit shall be issued by the department of ecology and the permit process shall be discontinued. In making a determination under this subsection, the department of ecology shall consider at a minimum, the following factors:

(a) The potential for acid generation;

(b) The potential for ground water contamination;

(c) Whether the geologic and chemical properties of the waste material would permit the material to be totally detoxified; and

(d) Whether the angle of repose of the proposed backfill site is too steep to prevent erosion of waste material.

(2) At the time of permanent closure of a metals mining operation, or when feasible during the operation of a metals mine, the permittee shall backfill and grade excavations, including open pits and shafts, using all available overburden and other spoils and waste material in order to restore the site to the approximate original contour and characteristics of the land. If the department of ecology determines that backfilling this material may adversely affect human health or the environment, the permittee shall detoxify the waste to the extent necessary to eliminate the threat before backfilling.

(3) At the time of permanent closure of a metals mining operation, or during concurrent reclamation efforts, the site shall be vegetated with native species of flora through the use of both broadcast seeding and through the planting of seedlings. Flora density shall be comparable to undamaged ecosystems in the area. If necessary, the permittee shall transport additional topsoil to the site. A permittee shall not be relieved of its habitat restoration obligations until the department of wildlife and the department certify that a self‑sustaining ecosystem has been established.

(4) The continuity, integrity, quality, and mutual isolation of preexisting aquifers, ground water, and surface water courses shall be restored to their original condition. This requirement includes aquifers that, though dry at the time mining operations began, could potentially recharge.

(5) A permittee shall begin site reclamation within one week after permanent closure and shall complete the reclamation within a reasonable time as determined by the department. Except for revegetation under subsection (3) of this section, an applicant shall complete total reclamation within three years after permanent closure.

NEW SECTION. Sec. 38. (1) At the time of submitting a consolidated application under section 10 of this act, the applicant shall estimate the total cost of reclamation consistent with the standards imposed under chapter ..., Laws of 1993 (this act). Using the reclamation estimate and the worst case scenario as described in the consolidated application as a guide, the department shall make an initial determination as to the amount of the reclamation bond necessary to protect human health and the environment. The department shall distribute a bond proposal to all concerned agencies. If all concerned agencies concur in the proposal, the proposed bond amount shall be adopted. The department shall require a minimum five hundred thousand dollars reclamation bond for all metals mining operations and the amount of the bond that the department may require shall not be limited.

(2) The reclamation bond shall be posted before the start of mining operations. The bond shall be issued by a bonding company licensed to operate in Washington. In lieu of a bond, an irrevocable letter of credit may be issued from a federally insured bank. A mining operation may not satisfy the requirements for a bond through self‑insurance.

(3) The permittee shall assess annually the overall cost of reclamation. If changes in the operation or modifications to a permit cause the cost of reclamation to exceed the amount of the reclamation bond currently held by the state, the permittee shall post an additional bond for the difference. All reclamation calculations shall be approved by all concerned agencies.

(4) If reclamation costs will exceed the posted bond and the operator does not increase the bond amount, the department and concerned agencies shall suspend all permits until the permittee posts the additional bond security.

(5) All expenses incurred by the department that exceed the posted bond amount shall be charged to the permittee. If additional funds cannot be collected from the permittee, the department shall complete the reclamation in accordance with the provisions of the original reclamation plan. The amount that the department must spend to complete reclamation shall not be limited.

(6) The department may seek a lien against the assets of the permittee to cover the cost of reclamation if the bond posted is insufficient. The amount of the lien shall be the amount of the costs incurred by the department to complete reclamation. All current operating permits of the permittee shall be suspended and the department shall deny immediately all pending applications of the permittee to conduct mining operations.

(7)(a) The permittee shall submit a written request for the release of its reclamation bond to the department. If the permittee has conducted concurrent reclamation, the permittee shall submit an application for bond reduction which estimates the percentage of reclamation done to date and the corresponding percentage of reclamation funds that the permittee believes should be returned. A bond release or reduction request shall state in unambiguous terms all measures taken to reclaim the site and any problem or potential problems that may inhibit restoration in accordance with permit requirements.

(b) The department shall distribute the request to each concerned agency, to members of the public who participated in the informal or formal hearings for the consolidated permit application, and to persons who requested notification. In addition, the department shall publish a notice announcing receipt for bond release or bond reduction in a newspaper of general circulation in the county or counties nearest the metals mining operation. The newspaper publication shall occur each day for one week.

(c) No sooner than 60 days after distributing the request and providing notice of the receipt of the request, the department and all concerned agencies shall conduct an informal public hearing to determine whether to allow the bond release or reduction before funds may be returned to the permittee.

(8) The department shall require security for perpetual monitoring and care to be paid before the start of mining operations. The security shall be in an amount sufficient to generate enough interest to cover all site care and monitoring needs in perpetuity. The department shall determine the amount of the proposed security and distribute a proposal to all concerned agencies. If the concerned agencies concur, the proposed security amount shall be adopted.

NEW SECTION. Sec. 39. (1) The department shall establish and manage a metals mining reclamation local fund to pay reclamation costs incurred by the department when reclamation costs at a closed metals mining operation site exceed the posted reclamation bond amount and the additional funds cannot be easily collected from the permittee.

(2) If the department uses funds from the metals mining reclamation local fund, the department shall make every effort to recover the amount spent from the permittee to replenish the metals mining reclamation local fund.

(3) The amount the department must spend to complete reclamation in accordance with the provisions of the original reclamation plan shall not be limited to the amount in the metals mining reclamation local fund.

(4) Each metal mining operation permittee shall pay sixty thousand dollars annually into the metals mining reclamation local fund. The first payment shall be due one month after the department's approval of the permit. Annual payments shall be due on that date each year until permanent closure of the metals mining operation. The permittee shall pay a pro rata amount for the portion of a year between the payment date and the closure date in the year of permanent closure. A metal mining operation permittee whose operation is three acres or less is exempt from the sixty thousand dollar annual fee.

(5) The department may suspend a permittee's operating permit if the permittee fails to make a payment in compliance with subsection (4) of this section within a reasonable time of its due date.

NEW SECTION. Sec. 40. (1) Any person or agency or the department may maintain an action in King county superior court or the superior court of the defendant's or plaintiff's residence against a metals mining operator or an agency for injunctive relief to enforce any provision of, or prohibit any violation of sections 1 through 39 of this act or rules adopted under sections 1 through 39 of this act or the terms of any permit issued that pertains to the operation of a metals mining operation.

(2) Any person or agency or the department that successfully brings an action under subsection (1) of this section is entitled to recover all reasonable attorney fees and expenses incurred, including expenses relating to the use of expert witnesses and the preparation of supporting studies imposed on the permittee as a result of a successful action under this section shall be awarded to the party that brought the action.

(3) The remedies and causes of action provided in this section shall not limit any other remedy or cause of action otherwise available to any person or agency.

NEW SECTION. Sec. 41. (1) The department shall establish a citizen's advisory committee for each metals mining operation. The committee shall consist of seven members selected from the county or counties nearest the operation and four members, having a strong interest or expertise in some aspect of the operation, from anywhere in Washington state. The committee membership shall reflect a diversity of social and environmental protection views. Actual or potential conflict of interest or affiliation with the mining operation shall preclude membership on the committee.

(2) The committee shall oversee the implementation of permit conditions and agreements that the permittee is obligated to perform.

(3) Committee members shall have unrestricted access to the operation and any records pertaining to the operation. Officials of the operation shall participate in meetings of the advisory committee at the request of the advisory committee.

(4) The expenses of the advisory committee shall be paid by the permittee.

NEW SECTION. Sec. 42. A permittee who fails to report or attempts to cover wildlife deaths that are discovered shall be subject to immediate revocation of all operating permits for a period of two years.

NEW SECTION. Sec. 43. (1) A person who conducts without a permit an exploratory operation for metals that disrupts surface land, involves the use of explosives or leaching solution or employs methods that threaten the water resources of the state, plant species, or wildlife shall, upon conviction, be subject to:

(a) A civil penalty of not less than twenty-five thousand dollars per violation per day;

(b) Forfeiture to the state of all mining‑related equipment; and

(2) A person who conducts without a permit metals mining operations shall, upon conviction, be subject to:

(a) A civil penalty of not less than fifty thousand dollars per violation per day;

(b) Forfeiture to the state of all mining‑related equipment;

(3) A person who knowingly or intentionally falsifies information on an exploratory permit or application or a metals mining operation permit or application shall, upon conviction, be subject to:

(a) A criminal penalty of not less than fifty thousand dollars per incident;

(b) Revocation of the permit;

(d) Imprisonment for not less than one year.

Sec. 44. RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:

As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

(1) "Director" means the director of wildlife.

(2) "Department" means the department of wildlife.

(3) "Commission" means the state wildlife commission.

(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

(5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

(6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

(9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

(11) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.

(12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

(13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

(14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

(15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

(16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director of fisheries. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

(17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

(18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

(19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

(20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

(21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

(23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

(24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

(26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

(27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

(28) "Metals mining" means the same as defined in section 2 of this act.

Sec. 45. RCW 78.44.030 and 1987 c 258 s 1 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise:

(1) "Surface mining" shall mean all or any part of the process involved in mining of minerals by removing the overburden and mining directly from the mineral deposits thereby exposed, including open-pit mining of minerals naturally exposed at the surface of the earth, mining by the auger method, and including the production of surface mining refuse. Surface mining shall not include on-site processing of minerals such as concrete batching or rock crushing operations. For the purpose of this chapter surface mining shall mean those operations described in this paragraph which collectively result in more than three acres of land being disturbed or that result in pit walls more than thirty feet high and steeper than one horizontal to one vertical. Surface mining shall not include disturbances of greater than three acres of land during any time period if the cumulative area that has not been rehabilitated according to the reclamation requirements outlined in this chapter is less than three acres. Surface mining shall not include excavation or removal of sand, gravel, clay, rock, top soil, or other materials in remote areas by an owner or holder of a possessory interest in land for the primary purpose of construction or maintenance of access roads to or on such landowner's property. Surface mining shall not include excavation or grading conducted for farming, on-site road construction or other on-site construction, but shall include adjacent or off-site borrow pits except those on landowner's property for use on access roads on such property. Prospecting and exploration activities shall be included within the definition of surface mining when they are of such nature and extent as to exceed the qualifying sizes listed above or when collectively they disturb more than one acre per eight acres of land area.

(2) "Unit of surface mined area" shall mean the area of land and water covered by each operating permit that is actually newly disturbed by surface mining during each twelve-month period of time, beginning at the date of issuance of the permit, and shall comprise the area from which overburden and/or minerals have been removed, the area covered by spoil banks, and all additional areas used in surface mining operations which by virtue of such use are thereafter susceptible to excessive erosion.

(3) "Abandonment of surface mining" shall mean a cessation of surface mining, not set forth in an operator's plan of operation or by any other sufficient written notice, extending for more than six consecutive months or when, by reason of examination of the premises or by any other means, it becomes the opinion of the department of natural resources that the operation has in fact been abandoned by the operator: PROVIDED, That the operator does not, within thirty days of receipt of written notification from the department of his intent to declare the operation abandoned, submit evidence to the department's satisfaction that the operation is in fact not abandoned.

(4) "Minerals" shall mean coal, clay, stone, sand, gravel, metallic ore, and any other similar solid material or substance to be excavated from natural deposits on or in the earth for commercial, industrial, or construction uses.

(5) "Overburden" shall mean the earth, rock, and other materials that lie above a natural deposit of mineral.

(6) "Surface mining refuse" shall mean all waste soil, rock, mineral, liquid, vegetation, and other material directly resulting from or displaced by the mining, cleaning, or preparation of minerals during the surface mining operations on the operating permit area, and shall include all waste materials deposited on or in the permit area from other sources.

(7) "Spoil bank" shall mean a deposit of excavated overburden or mining refuse.

(8) "Operator" shall mean any person or persons, any partnership, limited partnership, or corporation, or any association of persons, either natural or artificial, including every public or governmental agency engaged in surface mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors.

(9) "Department" means the department of natural resources.

(10) "Reclamation" shall mean the reasonable protection of all surface resources subject to disruption from surface mining and rehabilitation of the surface resources affected by surface mining including the area under stockpiled materials. Although both the need for and the practicability of reclamation will control the type and degree of reclamation in any specific instance, the basic objective will be to reestablish on a continuing basis the vegetative cover, soil stability, water conditions, and safety conditions appropriate to the intended subsequent use of the area.

(11) "Reclamation plan" shall mean the operator's written proposal, as required and approved by the department, for reclamation of the affected resources which shall include, but not be limited to:

(a) A statement of the proposed subsequent use of the land after reclamation which is signed by all individuals with a possessory interest in the land, or a copy of the conveyance that expressly grants or reserves the right to extract the mineral by surface mining methods, or if the conveyance does not expressly grant the right to extract the mineral by surface mining methods, then documentation that under applicable state law, the operator has the legal authority to extract the mineral by those methods: PROVIDED, That the applicant must provide notice reasonably calculated to advise all individuals with a possessory interest of the intent to remove minerals and the proposed subsequent use. If any individual with a possessory interest does not respond to the notice within sixty days, that person's signature shall not be required;

(b) Evidence that this subsequent use would not be illegal under local zoning regulations;

(d) Specifications for surface gradient restoration to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and proposed method of accomplishment;

(e) Manner and type of revegetation or other surface treatment of disturbed areas;

(f) Method of prevention or elimination of conditions that will create a public nuisance, endanger public safety, damage property, or be hazardous to vegetative, animal, fish, or human life in or adjacent to the area;

(g) Method of control of contaminants and disposal of surface mining refuse;

(h) Method of diverting surface waters around the disturbed areas;

(i) Method of restoration of stream channels and stream banks to a condition minimizing erosion and siltation and other pollution;

(j) Such maps and other supporting documents as reasonably required by the department; and

(k) A time schedule for reclamation that meets the requirements of RCW 78.44.090.

(12) "Metals mining" means the same as defined in section 2 of this act.

Sec. 46. RCW 78.44.080 and 1970 ex.s. c 64 s 9 are each amended to read as follows:

((~~After January 1, 1971,~~)) No operator shall engage in surface mining without having first obtained an operating permit from the department. Except as otherwise permitted in this section a separate permit shall be required for each separate surface mining operation. No operator shall engage in a metals mining operation without having first obtained the permits required under sections 1 through 22 and 25 through 43 of this act. Prior to receiving an operating permit from the department an operator must submit an application on a form provided by the department, which shall contain the following information and any other pertinent data required by the department:

(1) Name and address of the legal landowner, any purchaser of the land under a real estate contract, and the operator and, if any of these are corporations or other business entities, the names and addresses of their principal officers and resident agent for service of process;

(2) Materials to be surface mined;

(3) Type of surface mining to be performed;

(4) Expected starting date of surface mining;

(5) Anticipated termination date of the surface mining project;

(6) Expected amount of mineral to be surface mined;

(7) Maximum depth of surface mining;

(8) Size and legal description of the area that will be disturbed by surface mining. If more than ten acres will be disturbed by surface mining or, regardless of the amount of land to be disturbed, if the department finds that conditions warrant it and so requests, a map of the area to be surface mined shall be submitted. The map shall show the boundaries of the area of land which will be affected; topographic detail; the location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area; location of proposed access roads to be built in conjunction with the surface mining operation; and the names of the surface and mineral owners of all lands within the surface mining area;

(9) A plan of surface mining that will provide, within limits of normal operational procedure of the industry, for completion of surface mining and associated disturbances on each segment of the area for which a permit is requested so that reclamation can be initiated at the earliest possible time on those portions of the surface mined area that will not be subject to further disturbance by the mining operation. Whenever feasible, visual screening, vegetative or otherwise, will be maintained or established on the property containing the surface mining to screen the view of the operation from public highways, public parks, and residential areas.

(10) A reclamation plan that must be acceptable to and approved by the department, except as provided in RCW 78.44.100. An operator may not depart from an approved plan without having previously obtained from the department written approval of his proposed change.

The department may adopt rules and regulations permitting an operator of more than one surface mining operation to submit a single application for a combined operating permit covering all of his surface mining operations. Such application may require detailing of information required by this section for each separate location. An operator operating under such a combined permit may submit a consolidated reclamation program covering all his operations under rules and regulations prescribed by the department, but may be required to furnish specific information relative to reclamation of any single operating area if the department determines that such is necessary to carry out the purposes of this chapter.

Sec. 47. RCW 90.03.260 and 1987 c 109 s 84 are each amended to read as follows:

Each application for permit to appropriate water shall set forth the name and post office address of the applicant, the source of water supply, the nature and amount of the proposed use, the time during which water will be required each year, the location and description of the proposed ditch, canal, or other work, the time within which the completion of the construction and the time for the complete application of the water to the proposed use. If for agricultural purposes, it shall give the legal subdivision of the land and the acreage to be irrigated, as near as may be, and the amount of water expressed in acre feet to be supplied per season. If for power purposes, it shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied. If for construction of a reservoir, it shall give the height of the dam, the capacity of the reservoir, and the uses to be made of the impounded waters. If for municipal water supply, it shall give the present population to be served, and, as near as may be, the future requirement of the municipality. If for mining purposes, it shall give the nature of the mines to be served and the method of supplying and utilizing the water and shall describe any impacts on local seeps, springs, or wells used by wildlife or humans; also ((~~their~~)) the location by legal subdivisions. All applications shall be accompanied by such maps and drawings, in duplicate, and such other data, as may be required by the department, and such accompanying data shall be considered as a part of the application.

Sec. 48. RCW 90.48.020 and 1987 c 109 s 122 are each amended to read as follows:

Wherever the words "artificial body of water" are used in this chapter, they shall mean any uncovered lake, pond, reservoir, pool, puddle, sump, or other type of water or process water used in metals mining that is impounded by a person or any type of mechanism used to transport, apply, or store process water, including a ditch or stream.

Wherever the words "chemical or substance" are used in this chapter, they shall mean any human-made or natural material or element used in or resulting from a metals mining operation that may occur in sufficient concentration to cause the death of any wildlife.

Wherever the words "metals mining" are used in this chapter, they shall have the meaning given them in section 2 of this act.

Wherever the words "process water" are used in this chapter, they shall mean any water containing a chemical, contaminant, or substance used in or resulting from the metals mining operation.

Whenever the word "person" is used in this chapter, it shall be construed to include any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity whatsoever.

Wherever the words "waters of the state" shall be used in this chapter, they shall be construed to include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington.

Whenever the word "pollution" is used in this chapter, it shall be construed to mean such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Wherever the word "department" is used in this chapter it shall mean the department of ecology.

Whenever the word "director" is used in this chapter it shall mean the director of ecology.

NEW SECTION. Sec. 49. Sections 1 through 22 and 25 through 43 of this act shall constitute a new chapter in Title 78 RCW.

NEW SECTION. Sec. 50. Rules required under this act, including rules required to be adopted by the department, state wildlife commission, and department of ecology to implement the consolidated application process must be adopted on or before two years after the effective date of this act. No permit for a metals mining operation may be issued by the department or a concerned agency as defined in section 2 of this act until all rules required by this act are adopted.

NEW SECTION. Sec. 51. All provisions of this act shall be fully applicable to any metals mining operation not fully permitted under previous laws regardless of the date of original application or any pending status. All provisions of this act shall be fully applicable to any metals mining operation permitted under previous laws upon expiration or revocation of the existing permit.

NEW SECTION. Sec. 52. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 53. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.