_______________________________________________
SUBSTITUTE
HOUSE BILL 1467
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Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 03/05/97.
Specifying
where reclamation performance security must be posted.
AN
ACT Relating to surface mining; and amending RCW 78.44.087.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
78.44.087 and 1995 c 223 s 3 are each amended to read as follows:
(1)
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 or local agency)).
(2)
This performance security may be:
(a)
Bank letters of credit acceptable to the department;
(b)
A cash deposit;
(c)
Negotiable securities acceptable to the department;
(d)
An assignment of a savings account;
(e)
A savings certificate in a Washington bank on an assignment form prescribed by
the department;
(f)
Assignments of interests in real property within the state of Washington; or
(g)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
((Except as provided in this section,)) No other state agency or
local government other than the department 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.
(9) When acting in its capacity as a regulator, no other state
agency or local government may require a surface mining operation regulated
under this chapter to post performance security unless that state agency or
local government has express statutory authority to do so. A state agency's or
local government's general authority to protect the public health, safety, and
welfare does not constitute express statutory authority to require a
performance security. However, nothing in this section prohibits a state
agency or local government from requiring a performance security when the state
agency or local government is acting in its capacity as a landowner and
contracting for extraction-related activities on state or local government
property.
