AN ACT Relating to state and local government
regulation of surface mining; amending RCW 78.44.010, 78.44.020, 78.44.040,
78.44.050, 78.44.060, 78.44.070, 78.44.150, 78.44.170, and 78.44.910; adding a
new section to chapter 36.70A RCW; adding new sections to chapter 78.44 RCW;
creating new sections; recodifying RCW 78.44.150, 78.44.170, 78.44.175, and
78.44.910; repealing RCW 78.44.030, 78.44.035, 78.44.080, 78.44.090, 78.44.100,
78.44.110, 78.44.120, 78.44.130, 78.44.140, 78.44.160, and 78.44.180;
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 recognizes that the extraction of minerals through surface
mining has historically included regulatory involvement by both state and local
governments.
It is the intent of the legislature to clarify
that surface mining is an appropriate land use, subject to reclamation
authority exercised by the department of natural resources and land use and
operation regulatory authority by counties, cities, and towns.
Sec. 2.
RCW 78.44.010 and 1970 ex.s. c 64 s 2 are each amended to read as follows:
The legislature recognizes that the extraction
of minerals by surface mining is ((a basic and)) an essential
activity making an important contribution to the economic well-being of the
state and nation. ((At the same time, proper reclamation of surface)) It
is not possible to extract minerals without producing some environmental
impacts. At the same time, comprehensive regulation of mining and thorough
reclamation of mined lands is necessary to prevent ((undesirable
land and water)) or mitigate conditions that would be detrimental to
the environment and to protect the general welfare, health, safety, and
property rights of the citizens of the state. Surface mining takes place in
diverse areas where the geologic, topographic, climatic, biologic, and social
conditions are significantly different, and reclamation specifications must
vary accordingly. ((It is not practical to extract minerals required by our
society without disturbing the surface of the earth and producing waste materials,
and the very character of many types of surface mining operations precludes
complete restoration of the land to its original condition. However, the
legislature finds that reclamation of surface mined lands as provided in this
chapter will allow the mining of valuable minerals and will provide for the
protection and subsequent beneficial use of the mined and reclaimed land.))
Therefore, the legislature finds that a balance between appropriate
environmental regulation and the production and conservation of minerals is in
the best interests of the citizens of the state.
Sec. 3.
RCW 78.44.020 and 1970 ex.s. c 64 s 3 are each amended to read as follows:
The purposes of this chapter ((is))
are to:
(1) Provide that the usefulness,
productivity, and scenic values of all lands and waters involved in surface
mining within the state will receive the greatest practical degree of
protection and ((restoration. It is a further purpose of this chapter to
provide a means of cooperation between private and governmental entities in
carrying this chapter into effect)) reclamation at the earliest
opportunity following completion of surface mining;
(2) Provide for the greatest practical
degree of state-wide consistency in the regulation of surface mines;
(3) Apportion regulatory authority between
state and local governments in order to minimize redundant regulation of
mining;
(4) Ensure that reclamation is consistent
with local land use plans; and
(5) Ensure the power of local government to
regulate land use and operations pursuant to section 16 of this act.
NEW SECTION. Sec. 4.
DEFINITIONS. Unless the context clearly indicates otherwise, the definitions
in this section apply throughout this chapter.
(1) "Approved subsequent use" means
the post surface-mining land use contained in an approved reclamation plan and
approved by the local land use authority.
(2) "Completion of surface mining"
means the cessation of mining and directly related activities in any segment of
a surface mine that occurs when essentially all minerals that can be taken
under the terms of the reclamation permit have been depleted except minerals
required to accomplish reclamation according to the approved reclamation plan.
(3) "Department" means the department
of natural resources.
(4) "Determination" means any action
by the department including permit issuance, reporting, reclamation plan
approval or modification, permit transfers, orders, fines, or refusal to issue
permits.
(5) "Disturbed area" means any place
where activities clearly in preparation for, or during, surface mining have
physically disrupted, covered, compacted, moved, or otherwise altered the
characteristics of soil, bedrock, vegetation, or topography that existed prior
to such activity. Disturbed areas may include but are not limited to: Working
faces, water bodies created by mine-related excavation, pit floors, the land
beneath processing plant and stock pile sites, spoil pile sites, and equipment
staging areas.
Disturbed areas do not include:
(a) Surface mine access roads unless these have
characteristics of topography, drainage, slope stability, or ownership that, in
the opinion of the department, make reclamation necessary; and
(b) Lands that have been reclaimed to all
standards outlined in this chapter, rules of the department, any applicable
SEPA document, and the approved reclamation plan.
(6) "Miner" means any person or
persons, any partnership, limited partnership, or corporation, or any
association of persons, including every public or governmental agency engaged
in mining from the surface.
(7) "Minerals" means clay, coal, gravel,
industrial minerals, metallic substances, peat, sand, stone, topsoil, and any
other similar solid material or substance to be excavated from natural deposits
on or in the earth for commercial, industrial, or construction use.
(8) "Operations" means all
mine-related activities, exclusive of reclamation, that include, but are not
limited to activities that affect noise generation, air quality, surface and
ground water quality, quantity, and flow, glare, pollution, traffic safety,
ground vibrations, and/or significant or substantial impacts commonly regulated
under provisions of land use or other permits of local government and local
ordinances, or other state laws.
Operations specifically include:
(a) The mining or extraction of rock, stone,
gravel, sand, earth, and other minerals;
(b) Blasting, equipment maintenance, sorting,
crushing, and loading;
(c) On-site mineral processing including
asphalt or concrete batching, concrete recycling, and other aggregate
recycling;
(d) Transporting minerals to and from the mine,
on site road maintenance, road maintenance for roads used extensively for
surface mining activities, traffic safety, and traffic control.
(9) "Overburden" means the earth,
rock, soil, and topsoil that lie above mineral deposits.
(10) "Permit holder" means 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 and/or the operation of surface
mines, whether individually, jointly, or through subsidiaries, agents,
employees, operators, or contractors who holds a state reclamation permit.
(11) "Reclamation" means
rehabilitation for the appropriate future use of disturbed areas resulting from
surface mining including areas under associated mineral processing equipment
and areas under stockpiled materials. Although both the need for and the
practicability of reclamation will control the type and degree of reclamation
in any specific surface mine, the basic objective shall be to reestablish on a
perpetual basis the vegetative cover, soil stability, and water conditions
appropriate to the approved subsequent use of the surface mine and to prevent
or mitigate future environmental degradation.
(12) "Reclamation setbacks" include
those lands along the margins of surface mines wherein minerals and overburden
shall be preserved in sufficient volumes to accomplish reclamation according to
the approved plan and the minimum reclamation standards. Maintenance of
reclamation setbacks may not preclude other mine-related activities within the
reclamation setback.
(13) "Recycling" means the reuse of
minerals or rock products.
(14) "Screening" consists of
vegetation, berms or other topography, fencing, and/or other screens that may
be required to mitigate impacts of surface mining on adjacent properties and/or
the environment.
(15) "Segment" means any portion of
the surface mine that, in the opinion of the department:
(a) Has characteristics of topography,
drainage, slope stability, ownership, mining development, or mineral
distribution, that make reclamation necessary;
(b) Is not in use as part of surface mining
and/or related activities; and
(c) Is larger than seven acres and has more
than five hundred linear feet of working face except as provided in a segmental
reclamation agreement approved by the department.
(16) "SEPA" means the state
environmental policy act, chapter 43.21C RCW and rules adopted thereunder.
(17)(a) "Surface mine" means any area
or areas in close proximity to each other, as determined by the department,
where extraction of minerals from the surface results in:
(i) More than three acres of disturbed area;
(ii) Mined slopes greater than thirty feet high
and steeper than 1.0 foot horizontal to 1.0 foot vertical; or
(iii) More than one acre of disturbed area
within an eight acre area, when the disturbed area results from mineral
prospecting or exploration activities.
(b) Surface mines include areas where mineral
extraction from the surface occurs by the auger method or by reworking mine
refuse or tailings, when these activities exceed the size or height thresholds
listed in (a) of this subsection.
(c) Surface mining shall exclude excavations or
grading used:
(i) Primarily for on-site construction, on-site
road maintenance, or on-site landfill construction;
(ii) For the purpose of public safety or
restoring the land following a natural disaster;
(iii) For the purpose of removing stockpiles;
(iv) For forest or farm road construction or
maintenance on-site or on contiguous lands;
(v) For sand authorized by RCW 43.51.685; and
(vi) For underground mines.
(18) "Topsoil" means the naturally
occurring upper part of a soil profile, including the soil horizon that is rich
in humus and capable of supporting vegetation together with other sediments
within four vertical feet of the ground surface.
NEW SECTION. Sec. 5.
SEGMENTAL RECLAMATION. The permit holder shall reclaim each segment of the
mine within two years of completion of surface mining on that segment except as
provided in a segmental reclamation agreement approved in writing by the
department. The primary objective of a segmental reclamation agreement should
be to enhance final reclamation.
Sec. 6.
RCW 78.44.040 and 1984 c 215 s 2 are each amended to read as follows:
The department of natural resources is charged
with the administration of reclamation under this chapter. In order to
implement ((the chapter's terms and provisions)) and enforce this
chapter, the department, under the ((provisions of the))
administrative procedure act (chapter 34.05 RCW), ((as now or hereafter
amended,)) may from time to time ((promulgate)) adopt those
rules ((and regulations)) necessary to carry out the purposes of this
chapter.
Sec. 7.
RCW 78.44.050 and 1970 ex.s. c 64 s 6 are each amended to read as follows:
The department shall have the exclusive
authority to regulate surface mine reclamation except that, by contractual
agreement, the department may delegate some or all of its enforcement authority
to a county, city, or town. All counties, cities, or towns shall have the
authority to zone surface mines and adopt ordinances regulating operations
pursuant to section 16 of this act, except that county, city, or town
operations ordinances may be preempted by the department during the emergencies
outlined in section 27 of this act and related rules.
This chapter shall not ((affect)) alter
or preempt any ((of the)) provisions of the state fisheries laws
(Title 75 RCW), the state water allocation and use laws (chapters 90.03 and
90.44 RCW), the state water pollution control laws (((Title 90)) chapter
90.48 RCW), the state ((game)) wildlife laws (Title 77 RCW),
((or any other state laws, and shall be cumulative and nonexclusive)) state
noise laws or air quality laws (Title 70 RCW), shoreline management (chapter
90.58 RCW), the state environmental policy act (chapter 43.21C RCW), state
growth management (chapter 36.70A RCW), state drinking water laws (chapters
43.20 and 70.119A RCW), or any other state statutes.
Sec. 8.
RCW 78.44.060 and 1970 ex.s. c 64 s 7 are each amended to read as follows:
The department shall have the authority to
conduct ((or)), authorize, and/or participate in
investigations, research, experiments, and demonstrations, and to
collect and disseminate information relating to surface mining and reclamation
of surface mined lands.
Sec. 9.
RCW 78.44.070 and 1970 ex.s. c 64 s 8 are each amended to read as follows:
The department may cooperate with other
governmental and private agencies ((in this state and other states)) and
agencies of the federal government, and may reasonably reimburse them for any
services the department requests that they provide. The department may also
receive any federal funds, state funds and any other funds and expend them for
reclamation of land affected by surface mining and for purposes enumerated in
RCW 78.44.060.
NEW SECTION. Sec. 10.
SURFACE MINING RECLAMATION ACCOUNT. The surface mining reclamation account is
created in the state treasury. Annual mining fees, funds received by the
department from state, local, or federal agencies for research purposes, as
well as other mine-related funds and fines received by the department shall be
deposited into this account. The surface mine reclamation account may be used
by the department only to:
(1) Administer its
regulatory program pursuant to this chapter;
(2) Undertake research relating to surface mine
regulation, reclamation of surface mine lands, and related issues; and
(3) Cover costs arising from appeals from
determinations made under this chapter.
Fines, interest, and other penalties collected
by the department under the provisions of this chapter shall be used to reclaim
surface mines abandoned prior to 1971.
NEW SECTION. Sec. 11.
RECLAMATION PERMITS REQUIRED--APPLICATIONS. After July 1, 1993, no miner or
permit holder may engage in surface mining without having first obtained a
reclamation permit from the department. Operating permits issued by the
department between January 1, 1971, and June 30, 1993, shall be considered
reclamation permits provided such permits substantially meet the protections,
mitigations, and reclamation goals of sections 12 and 20 of this act within
five years after the effective date of this section. State agencies and local
government shall be exempt from this time limit for inactive sites. Prior to
the use of an inactive site, the reclamation plan must be brought up to current
standards. A separate permit shall be required for each noncontiguous surface
mine. The reclamation permit shall consist of the permit forms and any
exhibits attached thereto. The permit holder shall comply with the provisions
of the reclamation permit unless waived and explained in writing by the
department.
Prior to receiving a reclamation permit, an
applicant must submit an application on forms provided by the department that
shall contain the following information and shall be considered part of the
reclamation permit:
(1) Name and address of the legal landowner, or
purchaser of the land under a real estate contract;
(2) The name of the applicant and, if the
applicants are corporations or other business entities, the names and addresses
of their principal officers and resident agent for service of process;
(3) A reasonably accurate description of the
minerals to be surface mined;
(4) Type of surface mining to be performed;
(5) Estimated starting date, date of
completion, and date of completed reclamation of surface mining;
(6) Size and legal description of the permit
area and maximum lateral and vertical extent of the disturbed area;
(7) Expected area to be disturbed by surface
mining during (a) the next twelve months, and (b) the following twenty-four
months;
(8) Any applicable SEPA documents; and
(9) Other pertinent data as required by the
department.
The reclamation permit shall be granted for the
period required to deplete essentially all minerals identified in the
reclamation permit on the land covered by the reclamation plan. The
reclamation permit shall be valid until the reclamation is complete unless the
permit is canceled by the department.
NEW SECTION. Sec. 12.
RECLAMATION PLANS. An applicant shall provide a reclamation plan and copies
acceptable to the department prior to obtaining a reclamation permit. The
department shall have the sole authority to approve reclamation plans.
Reclamation plans or modified reclamation plans submitted to the department
after June 30, 1993, shall meet or exceed the minimum reclamation standards set
forth in this chapter and by the department in rule. Each applicant shall also
supply copies of the proposed plans and final reclamation plan approved by the
department to the county, city, or town in which the mine will be located. The
department shall solicit comment from local government prior to approving a
reclamation plan. The reclamation plan shall include:
(1) A written narrative describing the proposed
mining and reclamation scheme with:
(a) A statement of a proposed subsequent use of
the land after reclamation that is consistent with the local land use
designation. Approval of the reclamation plan shall not vest the proposed
subsequent use of the land;
(b) If the permit holder is not the sole
landowner, a copy of the conveyance or a written statement that expressly
grants or reserves the right to extract minerals by surface mining methods;
(c) A simple and accurate legal description of
the permit area and disturbed areas;
(d) The maximum depth of mining;
(e) A reasonably accurate description of the
minerals to be mined;
(f) A description of the method of mining;
(g) A description of the sequence of mining
that will provide, within limits of normal procedures of the industry, for
completion of surface mining and associated disturbance on each portion of the
permit area so that reclamation can be initiated at the earliest possible time
on each segment of the mine;
(h) A schedule for progressive reclamation of
each segment of the mine;
(i) Where mining on flood plains or in river or
stream channels is contemplated, a thoroughly documented hydrogeologic
evaluation that will outline measures that would protect against or would
mitigate avulsion and erosion as determined by the department;
(j) Where mining is contemplated within
critical aquifer recharge areas, special protection areas as defined by chapter
90.48 RCW and implementing rules, public water supply watersheds, sole source
aquifers, wellhead protection areas, and designated aquifer protection areas as
set forth in chapter 36.36 RCW, a thoroughly documented hydrogeologic analysis
of the reclamation plan may be required; and
(k) Additional information as required by the
department including but not limited to: The positions of reclamation setbacks
and screening, conservation of topsoil, interim reclamation, revegetation,
postmining erosion control, drainage control, slope stability, disposal of mine
wastes, control of fill material, development of wetlands, ponds, lakes, and
impoundments, and rehabilitation of topography.
(2) Maps of the surface mine showing:
(a) All applicable data required in the
narrative portion of the reclamation plan;
(b) Existing topographic contours;
(c) Contours depicting specifications for
surface gradient restoration appropriate to the proposed subsequent use of the
land and meeting the minimum reclamation standards;
(d) Locations and names of all roads,
railroads, and utility lines on or adjacent to the area;
(e) Locations and types of proposed access
roads to be built in conjunction with the surface mining;
(f) Detailed and accurate boundaries of the
permit area, screening, reclamation setbacks, and maximum extent of the
disturbed area; and
(g) Estimated depth to ground water and the
locations of surface water bodies and wetlands both prior to and after mining.
(3) At least two cross sections of the mine
including all applicable data required in the narrative and map portions of the
reclamation plan.
(4) Evidence that the proposed surface mine has
been approved under local zoning and land use regulations.
(5) Written approval of the reclamation plan by
the landowner for mines permitted after June 30, 1993.
(6) Other supporting data and documents
regarding the surface mine as reasonably required by the department.
If the department refuses to approve a
reclamation plan in the form submitted by an applicant or permit holder, it
shall notify the applicant or permit holder stating the reasons for its
determination and describe such additional requirements to the applicant or
permit holder's reclamation plan as are necessary for the approval of the plan
by the department. If the department refuses to approve a complete reclamation
plan within one hundred twenty days, the miner or permit holder may appeal this
determination under the provisions of this chapter.
Only insignificant deviations may occur from
the approved reclamation plan without prior written approval by the department
for the proposed change.
The department retains the authority to require
that the reclamation plan be updated to the satisfaction of the department at
least every ten years.
NEW SECTION. Sec. 13.
JOINT RECLAMATION PLANS. Where two or more surface mines join along a common
boundary, the department may require submission of a joint reclamation plan in
order to provide for optimum reclamation or to avoid waste of mineral
resources. Such joint reclamation plans may be in the form of a single
collaborative plan submitted by all affected permit holders or as individual
reclamation plans in which the schedule of reclamation, finished contours, and
revegetation match reclamation plans of adjacent permit holders.
NEW SECTION. Sec. 14.
FEES. (1) An applicant for a public or private reclamation permit shall pay an
application fee to the department before being granted a surface mining
permit. The amount of the application fee shall be six hundred fifty dollars.
(2) After June 30, 1993, each public or private
permit holder shall pay an annual permit fee of six hundred fifty dollars. The
annual permit fee shall be payable to the department on the first anniversary
of the permit date and each year thereafter. Annual fees paid by a county for
small mines used exclusively for public works projects shall be paid on those
small mines from which the county elects to extract minerals in the next
calendar year and shall not exceed one thousand dollars.
(3) After July 1, 1995, the department may
modify annual permit fees by rule if:
(a) The total annual permit fees are reasonably
related to the approximate costs of administering the department's surface
mining regulatory program;
(b) The annual fee does not exceed five
thousand dollars; and
(c) The mines are small mines in remote areas
that are used primarily for public service, then lower annual permit fees may
be established.
(4) Appeals from any determination of the
department shall not stay the requirement to pay any annual permit fee.
Failure to pay the annual fee may constitute grounds for an order to suspend
surface mining or cancellation of the reclamation permit as provided in this
chapter.
(5) All fees collected by the department shall
be deposited into the surface mining reclamation account.
(6) If the department delegates enforcement
responsibilities to a county, city, or town, the department may allocate funds
collected under this section to such county, city, or town.
NEW SECTION. Sec. 15.
PERFORMANCE SECURITY. The department shall not issue a reclamation permit
until the applicant has deposited with the department an acceptable performance
security on forms prescribed and furnished by the department. A public or
governmental agency shall not be required to post performance security nor
shall a permit holder be required to post surface mining performance security
with more than one state, local, or federal agency.
This performance security may be:
(1) Bank letters of credit acceptable to the
department;
(2) A cash deposit;
(3) Negotiable securities acceptable to the
department;
(4) An assignment of a savings account;
(5) A savings certificate in a Washington bank
on an assignment form prescribed by the department;
(6) Assignments of interests in real property
within the state of Washington; or
(7) A corporate surety bond executed in favor
of the department by a corporation authorized to do business in the state of
Washington under Title 48 RCW and authorized by the department.
The performance security shall be conditioned
upon the faithful performance of the requirements set forth in this chapter and
of the rules adopted under it.
The department shall have the authority to
determine the amount of the performance security using a standardized
performance security formula developed by the department. The amount of the
security shall be determined by the department and based on the estimated costs
of completing reclamation according to the approved reclamation plan or minimum
standards and related administrative overhead for the area to be surface mined
during (a) the next twelve‑month period, (b) the following twenty-four
months, and (c) any previously disturbed areas on which the reclamation has not
been satisfactorily completed and approved.
The department may increase or decrease the
amount of the performance security at any time to compensate for a change in
the disturbed area, the depth of excavation, a modification of the reclamation
plan, or any other alteration in the conditions of the mine that affects the
cost of reclamation. The department may, for any reason, refuse any
performance security not deemed adequate.
Liability under the performance security shall
be maintained until reclamation is completed according to the approved
reclamation plan to the satisfaction of the department unless released as
hereinafter provided. Liability under the performance security may be released
only upon written notification by the department. Notification shall be given
upon completion of compliance or acceptance by the department of a substitute
performance security. The liability of the surety shall not exceed the amount
of security required by this section and the department's reasonable legal fees
to recover the security.
Any interest or appreciation on the performance
security shall be held by the department until reclamation is completed to its
satisfaction. At such time, the interest shall be remitted to the permit
holder; except that such interest or appreciation may be used by the department
to effect reclamation in the event that the permit holder fails to comply with
the provisions of this chapter and the costs of reclamation exceed the face
value of the performance security.
No other state agency or local government shall
require performance security for the purposes of surface mine reclamation and
only one agency of government shall require and hold the performance security.
The department may enter into written agreements with federal agencies in order
to avoid redundant bonding of surface mines straddling boundaries between
federally controlled and other lands within Washington state.
Notwithstanding any other provision of this
section, nothing shall preclude the department of ecology from requiring a
separate performance security for metallic minerals or uranium surface mines
under any authority if any that may be presently vested in the department of
ecology relating to such mines.
NEW SECTION. Sec. 16. A
new section is added to chapter 36.70A RCW to read as follows:
(1) Where the county has classified mineral
lands pursuant to RCW 36.70A.050 and mineral resource lands of long-term
commercial significance exist, a county, city, or town shall designate
sufficient mineral resource lands in the comprehensive plans to meet the
projected twenty-year, county-wide need. Once designated, mineral resource
uses, including operations as defined in section 4 of this act, shall be
established as an allowed use in local development regulations subject to the
permit process described in this section.
The county, city, or town shall designate
mineral resource deposits, both active and inactive, in economically viable
proximity to locations where the deposits are likely to be used.
Through its comprehensive plan and development
regulations, as defined in RCW 36.70A.030, the county, city, or town shall
discourage the siting of incompatible uses adjacent to mineral resource
industries, deposits, and holdings.
For purposes of this section, "long-term
commercial significance" includes the mineral composition of the land for
long-term economically viable commercial production, in consideration with the
mineral resource land's proximity to population areas, product markets, and the
possibility of more intense uses of the land.
(2)(a) Counties, cities, and towns may only
regulate surface mining operations by ordinance and only in accordance with the
requirements and limitations of this subsection.
(b) Local surface mining operating standards
shall:
(i) Address only:
(A) Traffic;
(B) Light emission;
(C) Visual screening;
(D) Noise emission; and
(E) Other significant or substantial mining
impacts that are not covered by a subject area of regulation embodied in any
other state or federal law, including among others the subject areas pertaining
to water allocation, use, and control and fisheries and wildlife habitat set
forth in section 19 of this act.
(ii) Be performance-based, objective standards
that:
(A) Are directly and proportionately related to
limiting surface mining impacts;
(B) Are reasonable and generally capable of
being achieved;
(C) Take into account existing and available
technologies; and
(D) May be met by any lawful means selected by
the applicant or operator that, in the judgment of the county, city, or town,
achieve compliance with the standard.
(iii) Limit application and monitoring fees to
the amount necessary to pay the costs of administering, processing, monitoring,
and enforcing the regulation of surface mining in accordance with this section.
(iv) Except as otherwise provided in this
section, implement the ordinance through an operating plan review and approval
process. Such approval process shall:
(A) Require submittal of sufficient, complete,
and accurate information, as specified by the local ordinance, to allow the
decision maker to review the plan for compliance with local standards;
(B) At the option of the county, city, or town,
provide for administrative approval subject to appeal or for initial
consideration through a public hearing process; and
(C) Require that project-specific conditions or
restrictions be based upon written findings of facts demonstrating their need
to achieve compliance with local standards.
(v) Subject to subsection (3) of this section,
provide that approvals issued will be valid for fifty years.
(3) Operating regulations and amendments thereto
adopted pursuant to this section may be applied to lawfully preexisting mining
operations only if the local ordinance:
(a) Limits application of subsection
(2)(b)(i)(A) of this section relating to traffic to the designation of approved
haul routes;
(b) Exempts such preexisting operations from
any operating plan review and approval process;
(c) Provides reasonable time periods for
compliance with new or amended local operating standards that in no event may
be less than one year; and
(d) Includes a variance procedure to allow
continuation of existing operations for a nonconforming surface mining
operation where strict adherence to a local operating standard would be
economically or operationally impractical due to conditions relating to site
configuration, topography, or the nature of historic operations.
(4) Nothing in this section precludes a county,
city, or town from exercising the express authority delegated to it by a state
agency under state law, or from complying with state law when required as a
regulated entity.
NEW SECTION. Sec. 17. A
surface mining model ordinance advisory committee is hereby created. The
committee shall be composed of representatives of local government, state
agencies, surface mining interests, and the environmental community. The
department of natural resources shall appoint the members of the committee and
the department shall staff the committee. This temporary advisory committee
shall draft model ordinances for different surface-mining settings and shall
assist counties, cities, and towns in developing ordinances. The committee
shall complete its work and shall expire by December 31, 1994. Participants on
the committee shall pay their own expenses, and the department of natural resources
shall fund the department's involvement.
NEW SECTION. Sec. 18.
RECLAMATION SETBACKS. Reclamation setbacks shall be as follows unless waived
by the department:
(1) The reclamation setback for unconsolidated
deposits within mines permitted after June 30, 1993, shall be equal to the
maximum anticipated height of the adjacent working face or as determined by the
department. Setbacks and buffers may be destroyed as part of final reclamation
of each segment if approved by the department.
(2) The minimum reclamation setback for
consolidated materials within mines permitted after June 30, 1993, shall be
thirty feet or as determined by the department.
(3) An exemption from this section may be
granted by the department following a written request. The department may
consider submission of a plan for backfilling acceptable to the department, a
geotechnical slope-stability study, proof of a dedicated source of fill
materials, written approval of contiguous landowners, and other information
before granting an exemption.
NEW SECTION. Sec. 19.
WATER CONTROL. (1) Water control as regulated by the department shall be
limited to those provisions necessary to effect surface mine reclamation and to
protect ground and surface water resources after reclamation is complete and
shall be consistent with existing water control laws. The department shall
solicit recommendations from all agencies with expertise in relevant water
control laws when evaluating reclamation plans for surface mines in or near
water.
(2) As to surface mining projects, control of
surface mine water shall be pursuant to chapter 90.48 RCW; water availability,
hydraulic continuity, allocation, and use shall be pursuant to chapters 90.03,
90.44, and 90.54 RCW; regulation of drinking water shall be pursuant to Titles
43 and 70 RCW; and protection of fisheries and wildlife shall be regulated
pursuant to Title 75 RCW (fisheries laws) and Title 77 RCW (wildlife laws) as
well as chapters 90.03, 90.44, 90.48, and 90.54 RCW, federal storm water
regulations, and/or national pollutant discharge elimination system
regulations. The department of ecology upon request by a county, city, or
town, may consult with the affected parties and incorporate additional
site-specific requirements into individual surface mine national pollutant
discharge elimination system permits where such requirements are appropriate.
A county, city, or town may regulate the
impacts on water through local ordinances and regulations that:
(a) Cover significant or substantial impacts
that are not covered by a subject area of regulation embodied in any other
state or federal law; or
(b) Implement regulatory and/or enforcement
authority that has been expressly authorized to it by a state agency.
NEW SECTION. Sec. 20.
RECLAMATION. The need for, and the practicability of, reclamation shall
control the type and degree of reclamation in any specific instance. However,
the basic objective of reclamation is to reestablish on a continuing basis the
vegetative cover, slope stability, water conditions, and safety conditions
suitable to the proposed subsequent use consistent with local land use plans
for the surface mine site.
Each permit holder shall comply with the
minimum reclamation standards in effect on the date the permit was issued and
any additional reclamation standards set forth in the approved reclamation
plan.
Reclamation activities, particularly those
relating to control of erosion and mitigation of impacts of mining to adjacent
areas, shall, to the extent feasible, be conducted simultaneously with surface
mining, and in any case shall be initiated at the earliest possible time after
completion of surface mining on any segment of the permit area.
All reclamation activities shall be completed
not more than two years after completion or abandonment of surface mining on
each segment of the area for which a reclamation permit is in force.
The department may by contract delegate
enforcement of provisions of reclamation plans to counties, cities, and towns.
A county, city, or town performing enforcement functions may not impose any
additional fees on permit holders.
NEW SECTION. Sec. 21.
MINIMUM RECLAMATION STANDARDS. Reclamation of surface mines permitted after
June 30, 1993, and reclamation of surface mine segments addressed by
reclamation plans modified after June 30, 1994, shall meet the following
minimum standards except as waived in writing by the department.
(1) Prior to surface mining, permit holders
shall carefully stockpile all topsoil on the site for use in reclamation, or
immediately move topsoil to reclaim adjacent segments, except when the approved
subsequent use does not require replacing the topsoil. Topsoil needed for
reclamation shall not be sold as a mineral nor mixed with sterile soils.
Stockpiled materials used as screening shall not be used for reclamation until
such time as the appropriate county or municipal government has given its
approval.
(2) The department may require that clearly
visible, permanent monuments delineating the permit boundaries and maximum
extent of the disturbed area be set at appropriate places around the mine
site. The permit holder shall maintain the monuments until termination of the
reclamation permit.
(3) All minimum reclamation standards may be
waived in writing by the department in order to accommodate unique and
beneficial reclamation schemes such as parks, swimming facilities, buildings,
and wildlife reserves. Such waivers shall be granted only after written
approval by the department of a reclamation plan describing the variances to
the minimum reclamation standards, receipt of documentation of SEPA compliance,
and written approvals from the landowner and by the local land use authority.
(4) All surface-mined slopes shall be reclaimed
to the following minimum standards:
(a) In surface mines in soil, sand, gravel, and
other unconsolidated materials, all reclaimed slopes shall:
(i) Have varied steepness;
(ii) Have a sinuous appearance in both profile
and plan view;
(iii) Have no large rectilinear topographic
elements;
(iv) Generally have slopes of between 2.0 and
3.0 feet horizontal to 1.0 foot vertical or flatter except in limited areas
where steeper slopes are necessary in order to create sinuous topography and to
control drainage;
(v) Not exceed 1.5 feet horizontal to 1.0 foot
vertical except as necessary to blend with adjacent natural slopes;
(vi) Be compacted if significant backfilling is
required to produce the final reclaimed slopes and if the department determines
that compaction is necessary.
(b) Slopes in consolidated materials shall have
no prescribed slope angle or height, but where a severely hazardous condition
is created by mining and that is not indigenous to the immediate area, the
slopes shall not exceed 2.0 feet horizontal to 1.0 foot vertical. Steeper
slopes shall be acceptable in areas where evidence is submitted that
demonstrates that the geologic or topographic characteristics of the site
preclude reclamation of slopes to such angle or height or that such slopes
constitute an acceptable subsequent use under local land use regulations.
(c) Surface mines in which the seasonal or
permanent water tables have been penetrated, thereby creating swamps, ponds, or
lakes useful for recreational, wildlife habitat, water quality control, or
other beneficial wetland purposes shall be reclaimed in the following manner:
(i) For slopes that are below the permanent
water table in soil, sand, gravel, and other unconsolidated materials, the
slope angle shall be no steeper than 1.5 feet horizontal to 1.0 foot vertical;
(ii) Generally, solid rock banks shall be
shaped so that a person can escape from the water, however steeper slopes and
lack of water egress shall be acceptable in rural, forest, or mountainous areas
or where evidence is provided that such slopes would constitute an acceptable
subsequent use under local land use regulations;
(iii) Both standpipes and armored spillways or
other measures to prevent undesirable overflow or seepage shall be provided to
stabilize all such water bodies within the disturbed area; and
(iv) Where lakes, ponds, or swamps are
created, the permit holder shall provide measures to establish a beneficial
wetland by developing natural wildlife habitat and incorporating such measures
as irregular shoreline configurations, sinuous bathymetry and shorelines,
varied water depths, peninsulas, islands, and subaqueous areas less than 1.5
foot deep during summer low-water levels. Clay-bearing material placed below
water level may be required to avoid creating sterile wetlands.
(d) Final topography shall generally comprise
sinuous contours, chutes and buttresses, spurs, and rolling mounds and hills,
all of which shall blend with adjacent topography to a reasonable extent.
Straight planar slopes and right angles should be avoided.
(e) The floors of mines shall generally grade
gently into postmining drainages to preclude sheet-wash erosion during intense
precipitation, except where backgrading is appropriate for drainage control, to
establish wetlands, or to trap sediment.
(f) Topsoil shall be restored as necessary to
promote effective revegetation and to stabilize slopes and mine floors. Where
limited topsoil is available, topsoil shall be placed and revegetated in such a
way as to ensure that little topsoil is lost to erosion.
(g) Where surface mining has exposed natural
materials that may create polluting conditions, including but not limited to
acid-forming coals and metalliferous rock or soil, such conditions shall be
addressed according to a method approved by the department. The final ground
surface shall be graded so that surface water drains away from these materials.
(h) All grading and backfilling shall be made
with nonnoxious, noncombustible, and relatively incompactible solids unless the
permit holder provides:
(i) Written approval from all appropriate solid
waste regulatory agencies; and
(ii) Any and all revisions to such written
approval during the entire time the reclamation permit is in force.
(i) Final reclaimed slopes should be left
roughly graded, preserving equipment tracks, depressions, and small mounds to
trap clay-bearing soil and promote natural revegetation. Where reasonable,
final equipment tracks should be oriented in order to trap soil and seeds and
to inhibit erosion.
(j) Pit floors should be bulldozed or ripped to
foster revegetation.
(5) Drainages shall be graded and contain
adequate energy dissipation devices so that essentially natural conditions of
water velocity, volume, and turbidity are reestablished within six months of
reclamation of each segment of the mine. Ditches and other artificial
drainages shall be constructed on each reclaimed segment to control surface
water, erosion, and siltation and to direct runoff to a safe outlet. Diversion
ditches including but not limited to channels, flumes, tightlines and retention
ponds shall be capable of carrying the peak flow at the mine site that has the
probable recurrence frequency of once in twenty-five years as determined from
data for the twenty-five year, twenty-four hour precipitation event published
by the national oceanic and atmospheric administration. The grade of such
ditches and channels shall be constructed to limit erosion and siltation.
Natural and other drainage channels shall be kept free of equipment, wastes,
stockpiles, and overburden.
(6) Impoundment of water shall be an acceptable
reclamation technique provided that approvals of other agencies with
jurisdiction are obtained and:
(a) Proper measures are taken to prevent
undesirable seepage that could cause flooding outside the permitted area or
adversely affect the stability of impoundment dikes or adjacent slopes;
(b) Both standpipes and armored spillways or
other measures necessary to control overflow are provided.
(7) Revegetation shall be required as
appropriate to stabilize slopes, generate new topsoil, reduce erosion and
turbidity, mask rectilinear contours, and restore the scenic value of the land
to the extent feasible as appropriate to the approved subsequent use. Although
the scope of and necessity for revegetation will vary according to the
geography, precipitation, and approved subsequent use of the site, the
objective of segmental revegetation is to reestablish self-sustaining
vegetation and conditions of slope stability, surface water quality, and
appearance before release of the reclamation permit. Revegetation shall
normally meet the following standards:
(a) Revegetation shall commence during the
first proper growing season following restoration of slopes on each segment
unless the department has granted the permit holder a written time extension.
(b) In eastern Washington, the permit holder
may not be able to achieve continuous ground cover owing to arid conditions or
sparse topsoil. However, revegetation shall be as continuous as reasonably
possible as determined by the department.
(c) Revegetation generally shall include but
not be limited to diverse evergreen and deciduous trees, shrubs, grasses, and
deep-rooted ground cover.
(i) For western Washington, nitrogen-fixing
species including but not limited to alder, white clover, and lupine should be
included in dry areas. In wet areas, tubers, sedges, wetland grasses, willow,
cottonwood, cedar, and alder are appropriate.
(ii) In eastern Washington, lupine, white
clover, Russian olive, black locust, junipers, and pines are among appropriate
plants. In wet areas, cottonwood, tubers, and sedges are appropriate.
(d) The requirements for revegetation may be
reduced or waived by the department where erosion will not be a problem in
rural areas where precipitation exceeds thirty inches per annum, or where
revegetation is inappropriate for the approved subsequent use of the surface
mine.
(e) In areas where revegetation is critical and
conditions are harsh, the department may require irrigation, fertilization, and
importation of clay or humus-bearing soils to establish effective vegetation.
(f) The department may refuse to release a
reclamation permit or performance security until it deems that effective
revegetation has commenced.
NEW SECTION. Sec. 22.
PERMIT TRANSFERS. Reclamation permits shall be transferred to a subsequent
permit holder and the department shall release the former permit holder from
the duties imposed by this chapter if:
(1) Both permit holders comply with all rules
of the department addressing requirements for transferring a permit; and
(2) Unless waived by the department, the mine
and all others operated by both the former and subsequent permit holders and
their principal officers or owners are in compliance with this chapter and
rules.
NEW SECTION. Sec. 23.
MODIFICATION OF RECLAMATION PLANS. The department and the permit holder may
modify the reclamation plan at any time during the term of the permit for any
of the following reasons:
(1) To modify the requirements so that they do
not conflict with existing or new laws;
(2) If the department determines that the
previously adopted reclamation plan is impossible or impracticable to implement
and maintain; or
(3) The previously approved reclamation plan is
not accomplishing the intent of this chapter as determined by the department.
Modified reclamation plans shall be reviewed by
the department as lead agency under SEPA. Such SEPA analyses shall consider
only those impacts relating directly to the proposed modifications. Copies of
proposed and approved modifications shall be sent to the appropriate county,
city, or town.
NEW SECTION. Sec. 24.
REPORTS. On the anniversary date of the reclamation permit and each year
thereafter until reclamation is completed and approved, the permit holder shall
file a report of activities completed during the preceding year. The report
shall be on a form prescribed by the department.
NEW SECTION. Sec. 25.
INSPECTION OF PERMIT AREA. The department may order at any time an inspection
of the disturbed area to determine if the miner or permit holder has complied
with the reclamation permit, rules, and this chapter.
NEW SECTION. Sec. 26.
ORDER TO RECTIFY DEFICIENCIES. The department may issue an order to rectify
deficiencies when a miner or permit holder is conducting surface mining in any
manner not authorized by:
(1) This chapter;
(2) The rules adopted by the department;
(3) The authorized reclamation plan; or
(4) The reclamation permit.
The order shall describe the deficiencies and
shall require that the miner or permit holder correct all deficiencies no later
than sixty days from issuance of the order. The department may extend the
period for correction for delays clearly beyond the miner or permit holder's
control, but only when the miner or permit holder is, in the opinion of the
department, making every reasonable effort to comply.
NEW SECTION. Sec. 27.
EMERGENCY NOTICE AND ORDER TO RECTIFY DEFICIENCIES--EMERGENCY ORDER TO SUSPEND
SURFACE MINING. When the department finds that a permit holder is conducting
surface mining in any manner not authorized by:
(1) This chapter;
(2) The rules adopted by the department;
(3) The approved reclamation plan; or
(4) The reclamation permit;
and that activity has created a situation involving an
immediate danger to the public health, safety, welfare, or environment
requiring immediate action, the department may issue an emergency notice and
order to rectify deficiencies, and/or an emergency order to suspend surface
mining. These orders shall be effective when entered. The department may take
such action as is necessary to prevent or avoid the danger to the public
health, safety, welfare, or environment that justifies use of emergency
adjudication. The department shall give such notice as is practicable to the
permit holder or miner who is required to comply with the order. The order
shall comply with the requirements of the administrative procedure act.
Regulations of surface mining operations
administered by other state and local agencies shall be preempted by this
section to the extent that the time schedule and procedures necessary to
rectify the emergency situation, as determined by the department, conflict with
such local regulation.
NEW SECTION. Sec. 28.
ORDER TO SUSPEND SURFACE MINING. Upon the failure of a miner or permit holder
to comply with a department order to rectify deficiencies, the department may
issue an order to suspend surface mining when a miner or permit holder is
conducting surface mining in any manner not authorized by:
(1) This chapter;
(2) The rules adopted by the department;
(3) The approved reclamation plan;
(4) The reclamation permit; or
(5) If the miner or permit holder fails to
comply with any final order of the department.
The order to suspend surface mining shall
require the miner or permit holder to suspend part or all of the miner's or
permit holder's mining operations until the conditions resulting in the
issuance of the order have been mitigated to the satisfaction of the
department.
The attorney general may take the necessary
legal action to enjoin, or otherwise cause to be stopped, surface mining in
violation of an order to suspend surface mining.
NEW SECTION. Sec. 29.
DECLARATION OF ABANDONMENT. The department may issue a declaration of
abandonment when it determines that all surface mining has ceased for a period
of one hundred eighty consecutive days not set forth in the permit holder's
reclamation plan or when, by reason of inspection of the permit area, or by any
other means, the department determines that the mine has in fact been abandoned
by the permit holder except that abandonment shall not include normal
interruptions of surface mining resulting from labor disputes, economic
conditions associated with lack of smelting capacity or availability of
appropriate transportation, war, social unrest, demand for minerals,
maintenance and repairs, and acts of God.
Following a declaration of abandonment, the
department shall require the permit holder to complete reclamation in
accordance with this chapter. If the permit holder fails to do so, the
department shall proceed to do the necessary reclamation work pursuant to
section 31 of this act.
If another miner applies for a permit on a site
that has been declared abandoned, the department may, in its discretion, cancel
the reclamation permit of the permit holder and issue a new reclamation permit
to the applicant. The department shall not issue a new permit unless it
determines that such issuance will be an effective means of assuring that the
site will ultimately be reclaimed. The applicant must agree to assume the
reclamation responsibilities left unfinished by the first miner, in addition to
meeting all requirements for issuance of a new permit.
NEW SECTION. Sec. 30.
CANCELLATION OF THE RECLAMATION PERMIT. When the department determines that a
surface mine has been abandoned, it may cancel the reclamation permit. The
permit holder shall be informed of such actions by a department notification of
illegal abandonment and cancellation of the reclamation permit.
NEW SECTION. Sec. 31.
ORDER TO SUBMIT PERFORMANCE SECURITY--RECLAMATION BY THE DEPARTMENT. The
department may, with the staff, equipment, and material under its control, or
by contract with others, reclaim the disturbed areas when it finds that
reclamation has not occurred in any segment of a surface mine within two years
of completion of mining or of declaration of abandonment and the permit holder
is not actively pursuing reclamation.
If the department intends to undertake the
reclamation, the department shall issue an order to submit performance security
requiring the permit holder or surety to submit to the department the amount of
moneys posted pursuant to section 15 of this act. If the amount specified in
the order to submit performance security is not paid within twenty days after
issuance of the notice, the attorney general upon request of the department
shall bring an action on behalf of the state in a superior court to recover the
amount specified and associated legal fees.
The department may proceed at any time after
issuing the order to submit performance security with reclamation of the site
according to the approved reclamation plan or according to a plan developed by
the department that meets the minimum reclamation standards.
The department shall keep a record of all
expenses incurred in carrying out any reclamation project or activity
authorized under this section, including:
(1) Reclamation;
(2) A reasonable charge for the services
performed by the state's personnel and the state's equipment and materials
utilized; and
(3) Administrative and legal expenses related
to reclamation of the surface mine.
The department shall refund to the surety or
permit holder all amounts received in excess of the amount of expenses
incurred. If the amount received is less than the expenses incurred, the
attorney general, upon request of the department, may bring an action against
the permit holder on behalf of the state in the superior court to recover the
remaining costs listed in this section.
NEW SECTION. Sec. 32.
FINES. Each order of the department may impose a fine or fines in the event
that a miner or permit holder fails to obey the order of the department. When
a miner or permit holder fails to comply with an order of the department, the
miner or permit holder shall be subject to a civil penalty in an amount not
more than ten thousand dollars for each violation plus interest based upon a
schedule of fines set forth by the department in rule. Procedures for imposing
a penalty and setting the amount of the penalty shall be as provided in RCW
90.48.144. Each day on which a miner or permit holder continues to disobey any
order of the department shall constitute a separate violation. If the penalty
and interest is not paid to the department after it becomes due and payable,
the attorney general, upon the request of the department, may bring an action
in the name of the state of Washington to recover the penalty, interest,
mitigation for environmental damages, and associated legal fees. Decisions of
the department are subject to review by the pollution control hearings board.
All fines, interest, penalties, and other
damage recovery costs from mines regulated by the department shall be credited
to the surface mining reclamation account.
NEW SECTION. Sec. 33.
REFUSAL TO ISSUE PERMITS. The department shall refuse to issue a reclamation
permit if it is determined during the SEPA process that the impacts of a
proposed surface mine cannot be adequately mitigated.
The department or county, city, or town may
refuse to issue any other permit at any other location to any miner or permit
holder who fails to rectify deficiencies set forth in an order of the
department within the requisite time schedule. However, the department or
county, city, or town shall issue all appropriate permits when all deficiencies
are corrected at each surface mining site.
Sec. 34.
RCW 78.44.150 and 1970 ex.s. c 64 s 16 are each amended to read as follows:
Any ((operator)) miner or permit
holder conducting surface mining within the state of Washington without a
valid ((operating)) reclamation permit shall be guilty of a gross
misdemeanor. Surface mining outside of the permitted area shall constitute
illegal mining without a valid reclamation permit. Each day of ((operation))
mining without a valid reclamation permit shall constitute a separate
offense.
Sec. 35.
RCW 78.44.170 and 1989 c 175 s 166 are each amended to read as follows:
Appeals from department determinations under
this chapter shall be made as follows:
Appeals from department determinations
made under this chapter shall be made under the provisions of the
Administrative Procedure Act (chapter 34.05 RCW), and shall be considered an
adjudicative proceeding within the meaning of the Administrative Procedure Act,
chapter 34.05 RCW. Only a person aggrieved within the meaning of RCW
34.05.530 has standing and can file an appeal.
Sec. 36.
RCW 78.44.910 and 1970 ex.s. c 64 s 22 are each amended to read as follows:
((This act shall not direct itself to the
reclamation of land mined)) Miners and permit holders shall not be required
to reclaim any segment where all surface mining was completed prior to
January 1, 1971. However, the department shall make an effort to reclaim
previously abandoned or completed surface mining segments.
NEW SECTION. Sec. 37.
RECLAMATION AWARDS ESTABLISHED. The department shall create reclamation awards
in recognition of excellence in reclamation or reclamation research. Such
awards shall be presented to individuals, miners, operators, companies, or
government agencies performing exemplary surface mining reclamation in the
state of Washington. The department shall designate a percent of the state
annual fees as funding of the awards.
NEW SECTION. Sec. 38.
RECLAMATION SERVICE ESTABLISHED. The department may establish a no-cost
consulting service within the department to assist miners, permit holders,
local government, and the public in technical matters related to mine
regulation, mine operations, and reclamation. The department may prepare concise,
printed information for the public explaining surface mining activities,
timelines for permits and reviews, laws, and the role of governmental agencies
involved in surface mining, including how to contact all regulators. The
department shall not be held liable for any negligent advice.
NEW SECTION. Sec. 39.
The following acts or parts of acts are each repealed:
(1) RCW
78.44.030 and 1987 c 258 s 1, 1984 c 215 s 1, & 1970 ex.s. c 64 s 4;
(2) RCW
78.44.035 and 1987 c 258 s 3;
(3) RCW
78.44.080 and 1970 ex.s. c 64 s 9;
(4) RCW
78.44.090 and 1970 ex.s. c 64 s 10;
(5) RCW
78.44.100 and 1984 c 215 s 3 & 1970 ex.s. c 64 s 11;
(6) RCW
78.44.110 and 1987 c 258 s 2, 1984 c 215 s 4, & 1970 ex.s. c 64 s 12;
(7) RCW
78.44.120 and 1984 c 215 s 5, 1977 c
66 s 1, & 1970 ex.s. c 64 s 13;
(8) RCW
78.44.130 and 1970 ex.s. c 64 s 14;
(9) RCW
78.44.140 and 1989 c 230 s 1, 1984 c 215 s 6, & 1970 ex.s. c 64 s 15;
(10) RCW
78.44.160 and 1984 c 215 s 7 & 1970 ex.s. c 64 s 17; and
(11) RCW
78.44.180 and 1970 ex.s. c 64 s 20.
NEW SECTION. Sec. 40.
The code reviser may recodify, as necessary, RCW 78.44.150, 78.44.170,
78.44.175, and 78.44.910 within chapter 78.44 RCW to accomplish the
reorganization of chapter 78.44 RCW as intended in this act.
NEW SECTION. Sec. 41.
Captions used in this act do not constitute any part of the law.
NEW SECTION. Sec. 42.
Sections 4, 5, 10 through 15, 18 through 33, 37, and 38 of this act are each
added to chapter 78.44 RCW.
NEW SECTION. Sec. 43. 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. 44.
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.
