CERTIFICATION
OF ENROLLMENT
HOUSE
BILL 1468
Chapter
413, Laws of 1997
55th
Legislature
1997
Regular Session
SURFACE MINING FEES--WAIVER
FOR SMALL MINES--REMOVAL OF DEPARTMENT OF NATURAL RESOURCES' AUTHORITY TO MODIFY
EFFECTIVE
DATE: 7/27/97
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Passed by the House April 19, 1997
Yeas 90 Nays 1
 CLYDE BALLARD
Speaker of the
House of Representatives
Passed by the Senate April 14, 1997
Yeas 46 Nays 2
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CERTIFICATE
I, Timothy A. Martin, Chief Clerk of the House of Representatives of
the State of Washington, do hereby certify that the attached is HOUSE BILL
1468 as passed by the House of Representatives and the Senate on the
dates hereon set forth.
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BRAD OWEN
President of the Senate
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 TIMOTHY A. MARTIN
Chief Clerk
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Approved May 19, 1997 Place Style On Codes
above, and Style Off Codes below.
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FILED
May 19, 1997 - 7:22 p.m.
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GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
HOUSE
BILL 1468
_______________________________________________
Passed
Legislature - 1997 Regular Session
AS
AMENDED BY THE SENATE
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 01/28/97. Referred to Committee on Natural Resources.
Removing authority to modify reclamation permit fees.
AN
ACT Relating to surface mining; and amending RCW 78.44.085.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
78.44.085 and 1996 c 70 s 1 are each amended to read as follows:
(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 mines used exclusively for
public works projects and having less than seven acres of disturbed area per
mine shall not exceed one thousand dollars. Annual fees are waived for all
mines used primarily for public works projects if the mines are owned and
primarily operated by counties with 1993 populations of less than twenty
thousand persons, and if each mine has less than seven acres of disturbed
area.
(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)))
(4) All fees collected by the department shall be deposited into the
surface mining reclamation account.
(((6)))
(5) If the department delegates enforcement responsibilities to a
county, city, or town, the department may allocate funds collected under this
section to the county, city, or town.
Passed the House April 19, 1997.
Passed the Senate April 14, 1997.
Approved by the Governor May
19, 1997.
Filed
in Office of Secretary of State May 19, 1997.