HOUSE BILL REPORT

SHB 56

BYHouse Committee on Natural Resources (originally sponsored by Representative Sutherland)

Modifying provisions relating to surface mining permits and fees.

House Committe on Natural Resources

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (14)

     Signed by Representatives Sutherland, Chair; Basich, Belcher, Bumgarner, Cole, Fuhrman, Hargrove, Haugen, R. King, Meyers, Sayan, Schmidt, C. Smith and Spanel.

House Staff:Bill Koss (786-7129)

AS PASSED HOUSE FEBRUARY 13, 1987

BACKGROUND:

The Department of Natural Resources (DNR) regulates surface mining in the state.  Surface mining involves either the disturbance of more than two acres or removal of more than 10,000 tons of minerals in a 12 month period.  Prior to operation, each operator of a surface mine must obtain an operating permit from DNR at a cost of $250 per year.  The operator must submit and have approved a reclamation plan which identifies a plan to restore the land's vegetative cover, soil stability, and create appropriate water and safety conditions.

The operator must reclaim surface mined property simultaneously with surface mining, to the extent possible.  In each case, reclamation shall be completed within two years of disturbance.  To ensure reclamation, the operator must maintain a bond.  The bond must be an amount determined by DNR to be sufficient to cover the costs of reclaiming the area planned to be mined in the next 12 months plus any additional area which has not been satisfactorily reclaimed.  DNR shall set the amount of bond required.

SUMMARY:

The definition of surface mining is changed to exclude references to quantity removed, referring only to area disturbed.  Removing top soil is added to the list of minerals excluded from the definition of surface mining.

In certain situations, the Department of Natural Resources (DNR) can reduce the $250 annual operating fee to $50.  Property with an operating permit and which has never been disturbed for surface mining may obtain future operating permits at $50 per year. In order to begin operating, the operator must pay the balance of the $250 fee.  For the statement of proposed subsequent use, the operator must obtain signatures of all owners of a possessory interest who respond to notice sent by the operator.  If the recipients of the notice do not respond within 60 days, their signature is not required.

When the bond to pay for reclamation is insufficient to cover the costs, the authority of the state to put a mechanics lien into effect is revoked.

The department must identify by rule the word "segment."

EFFECT OF SENATE AMENDMENT(S):  In instances when the landowner does not reclaim the surface mine and the bond amount specified by the Department of Natural Resources is inadequate to cover the costs of reclaiming the surface mine, the department may perform the reclamation.  After reclaiming the land, the department may recover expenses by placing a mechanic's lien on the property.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Myron Smith and Richard Bloomquist, citizens; Ray Lasmanis and Bill Lingly, Department of Natural Resources.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     Reducing the $250 fee to $50 will assist individuals by reducing costs.  Changing the definition of surface mining from annual quantity to removed or acres disturbed to total acreage not yet reclaimed will ease administration of the existing laws.  The state should not require landowners to pay for reclamation costs beyond the bonded amount because the Department establishes the bond.

House Committee - Testimony Against: None Presented.

VOTE ON FINAL PASSAGE:

     Yeas 96; Nays 1; Absent 1; Excused

Voting Nay:     Representative Fisch

Absent:    Representative Bristow