Title 78 — Title 78 MINES, MINERALS, AND PETROLEUM
10 chapters · 199 sections in this title.
RCW 78.44.010 Legislative finding.
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The legislature recognizes that the extraction of minerals by surface mining is an essential activity making an important contribution to the economic well-being of the state and nation. It is not possible to extract minerals without producing some environmental impacts. At the s…
RCW 78.44.011 Intent.
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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 reclama…
RCW 78.44.020 Purposes.
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The purposes of this chapter 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 reclamation at the earliest opportunity following …
RCW 78.44.031 Definitions.
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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) "Completio…
RCW 78.44.040 Administration of chapter—Rule-making authority.
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The department of natural resources is charged with the administration of reclamation under this chapter. In order to implement and enforce this chapter, the department, under the administrative procedure act (chapter 34.05 RCW), may from time to time adopt those rules necessary …
RCW 78.44.045 Surface mining reclamation account.
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(1) 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 deposi…
RCW 78.44.050 Exclusive authority to regulate reclamation—Department may delegate enforcement authority to counties, cities, towns—Other laws not affected.
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The department shall have the exclusive authority to regulate surface mine reclamation. No county, city, or town may require for its review or approval a separate reclamation plan or application. The department may, however, delegate some or all of its enforcement authority by co…
RCW 78.44.055 Surface mining of coal—Preemption of chapter by federal laws, programs.
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In the event state law is preempted under federal surface mining laws relating to surface mining of coal or the department of natural resources determines that a federal program and its rules and regulations relating to the surface mining of coal are as stringent and effective as…
RCW 78.44.060 Investigations, research, etc.—Dissemination of information.
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The department shall have the authority to conduct, 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.[ 1993 c 518 s 8; 1970 ex.s…
RCW 78.44.070 Cooperation with other agencies—Receipt and expenditure of funds.
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The department may cooperate with other governmental and private agencies 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 o…
RCW 78.44.081 Reclamation permits required—Applications.
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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. A sep…
RCW 78.44.083 Reclamation permit—Refusal to issue.
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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 a…
RCW 78.44.085 Application fee—Annual permit fee—Confidential records—Appeals—Collection of fees.
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(1) An applicant: (a) For a revision of an existing reclamation permit or reclamation plan; (b) for an expansion of a permitted surface mine; (c) for a new reclamation permit under RCW 78.44.081; or (d) seeking to combine existing public or private surface mine reclamation permit…
RCW 78.44.087 Performance security required—Department authority.
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(1) The department should ensure that a sufficient performance security is available to reclaim each surface mine permitted under this chapter. To ensure sufficient funds are available:(a) The department shall not issue a reclamation permit, except to public or governmental agenc…
RCW 78.44.091 Reclamation plans—Approval process.
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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 af…
RCW 78.44.101 Joint reclamation plans may be required.
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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 collabor…
RCW 78.44.111 Segmental reclamation—Primary objective.
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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 shou…
RCW 78.44.121 Reclamation setbacks—Exemption.
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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 depar…
RCW 78.44.131 Reclamation specifics—Basic objective—Modifications for metals mining and milling operations—Timeline.
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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 …
RCW 78.44.141 Reclamation—Minimum standards—Waiver.
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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, …
RCW 78.44.151 Reclamation plans—Modification, when required—SEPA.
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(1) The permit holder may modify the reclamation plan at any time during the term of the permit provided that the modified reclamation plan meets the protections, mitigations, and reclamation goals of RCW 78.44.091, 78.44.131, and 78.44.141.(2) The department may require a permit…
RCW 78.44.161 Reclamation compliance—Inspection of disturbed area—Special inspection requirements for metals mining and milling operations.
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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.The department shall have special inspection requirements for metals mining and milling operations…
RCW 78.44.171 Reclamation—Transfer of permits.
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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 p…
RCW 78.44.181 Reclamation—Report by permit holder on anniversary date.
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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.[ 1993 c 518…
RCW 78.44.190 Deficiencies—Order to rectify—Time extension.
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(1) The department may issue an order to rectify deficiencies to the following: (a) Any permit holder, miner, or other person who authorizes, directs, violates, or who directly benefits by contracting with or employing another to violate this chapter, the rules adopted by the dep…
RCW 78.44.200 Immediate danger—Emergency notice and order to rectify deficiencies—Emergency order to suspend surface mining.
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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…
RCW 78.44.210 Suspension of a reclamation permit.
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The department, through the state geologist or assistant state geologist, may suspend a reclamation permit whenever a permit holder or surface mine is out of compliance with a final department order. The suspension order must be served on the permit holder by certified mail with …
RCW 78.44.220 Declaration of abandonment—Reclamation—Subsequent miner.
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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 oth…
RCW 78.44.230 Abandonment—Cancellation of the reclamation permit.
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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.[ 1993 c 518 s 30.]Notes…
RCW 78.44.240 Reclamation by the department—Order to submit performance security—Cost recovery.
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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 ab…
RCW 78.44.250 Fines—Civil penalties—Damage recovery.
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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 pena…
RCW 78.44.260 Operating without permit—Penalty.
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Any miner or permit holder conducting surface mining within the state of Washington without a valid 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…
RCW 78.44.270 Appeals—Standing.
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Department determinations under this chapter may be appealed to the pollution control hearings board as provided in RCW 43.21B.230. Only a person aggrieved within the meaning of RCW 34.05.530 has standing and can file an appeal.[ 2010 c 210 s 32; 1993 c 518 s 35; 1989 c 175 s 166…
RCW 78.44.280 Underground operation—Surface disturbances subject to chapter.
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Surface disturbances caused by an underground metals mining and milling operation are subject to the requirements of this chapter if the operation is proposed after June 30, 1999. An operation is proposed when an agency is presented with an application for an operation or expansi…
RCW 78.44.300 Reclamation awards—Recognition of excellence.
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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 …
RCW 78.44.310 Reclamation consulting—No cost service.
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The department shall 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 shall prepare concise, printed in…
RCW 78.44.320 Definitions applicable to RCW 78.44.330.
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The definitions in this section apply throughout RCW 78.44.330 unless the context clearly requires otherwise.(1) "Bedrock sluice" means a wood or metal flume or trough that is permanently attached to the bedrock of the creek and is equipped with transverse riffles across the bott…
RCW 78.44.330 Definitions applicable to RCW 78.44.330.
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(1) A person commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder or person conducting the mining operation:(a) Interferes with a lawful mining operation or stops, or causes to be stopped, a lawful mining operation;(b) E…
RCW 78.44.340 Mineral trespass—Limitation on application.
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(1) RCW 78.44.330 does not apply to conduct that would otherwise constitute an offense when it is required or authorized by law or judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties, or functions.(2) As used in subsection (1)…
RCW 78.44.350 Blanket performance security.
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(1) A permit holder, in lieu of an individual performance security for each mining site, may file a blanket performance security with the department for their group of permits.(2) The department may reduce the required performance security calculated from its standard method pres…
RCW 78.44.360 Performance security insufficient to cover cost of reclamation—Lien established in favor of department.
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(1) To the extent a performance security is insufficient to cover the cost of reclamation performed by the department, a lien shall be established in favor of the department upon all of the permit holder's real and personal property.(2) The lien attaches upon the filing of a noti…
RCW 78.44.370 Notice of correction.
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(1) The department may issue a notice of correction to the following: (a) Any permit holder, miner, or other person who authorizes, directs, violates, or who directly benefits by contracting with or employing another to violate this chapter, the rules adopted by the department, a…
RCW 78.44.380 Stop work orders.
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(1) The department may issue an order to stop all surface mining to any permit holder, miner, or other person who authorizes, directs, or conducts such activities without a valid surface mine reclamation permit. This order is effective upon issuance unless otherwise stated in the…
RCW 78.44.390 Cancellation of a reclamation permit.
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(1) In addition to the department's other authority to cancel a reclamation permit, a permit holder may seek cancellation of its reclamation permit in favor of a local development or construction permit. A permit holder may request cancellation of its reclamation permit and relea…
RCW 78.44.910 Previously mined land.
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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.[ 1993 c 518 s 36; 1970 ex.s. …
RCW 78.44.920 Effective date—1970 ex.s. c 64.
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This act shall become effective January 1, 1971.[ 1970 ex.s. c 64 s 23.]