Title 78 — Title 78 MINES, MINERALS, AND PETROLEUM
10 chapters · 199 sections in this title.
RCW 78.60.010 Legislative declaration.
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The public has a direct interest in the safe, orderly, and nearly pollution-free development of the geothermal resources of the state, as defined in RCW 78.60.030. The legislature hereby declares that it is in the best interests of the state to further the development of geotherm…
RCW 78.60.020 Short title.
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This chapter shall be known as the Geothermal Resources Act.[ 1974 ex.s. c 43 s 2. Formerly RCW 79.76.020.]
RCW 78.60.030 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "By-product" means any mineral or minerals, not including oil, hydrocarbon gas, or helium, which are found in solution or in association with geothermal steam and that …
RCW 78.60.040 Geothermal resources deemed sui generis.
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Notwithstanding any other provision of law, geothermal resources are found and hereby determined to be sui generis, being neither a mineral resource nor a water resource and as such are declared to be the private property of the holder of the title to the surface land above the r…
RCW 78.60.050 Administration of chapter.
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(1) The department shall administer and enforce the provisions of this chapter and the rules, regulations, and orders relating to the drilling, operation, maintenance, abandonment and restoration of geothermal areas, to prevent damage to and waste from underground geothermal depo…
RCW 78.60.060 Scope of chapter.
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(1) This chapter is intended to preempt local regulation of the drilling and operation of wells for geothermal resources but shall not be construed to permit the locating of any well or drilling when such well or drilling is prohibited under state or local land use law or regulat…
RCW 78.60.070 Drilling permits—Applications—Hearing—Fees.
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(1) Any person proposing to drill a well or redrill an abandoned well for geothermal resources shall file with the department a written application for a permit to commence such drilling or redrilling on a form prescribed by the department accompanied by a permit fee of two hundr…
RCW 78.60.080 Drilling permits—Criteria for granting.
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A permit shall be granted only if the department is satisfied that the area is suitable for the activities applied for; that the applicant will be able to comply with the provisions of this chapter and the rules and regulations enacted hereunder; and that a permit would be in the…
RCW 78.60.090 Casing requirements.
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Any operator engaged in drilling or operating a well for geothermal resources shall equip such well with casing of sufficient strength and with such safety devices as may be necessary, in accordance with methods approved by the department.No person shall remove a casing, or any p…
RCW 78.60.100 Plugging and abandonment of wells or core holes—Transfer of jurisdiction to department of ecology.
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Any well or core hole drilled under authority of this chapter from which:(1) It is not technologically practical to derive the energy to produce electricity commercially, or the owner or operator has no intention of deriving energy to produce electricity commercially, and(2) Usab…
RCW 78.60.110 Suspension of drilling, shut-in or removal of equipment for authorized period—Unlawful abandonment.
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(1) The department may authorize the operator to suspend drilling operations, shut-in a completed well, or remove equipment from a well for the period stated in the department's written authorization. The period of suspension may be extended by the department upon the operator sh…
RCW 78.60.120 Notification of abandonment or suspension of operations—Required—Procedure.
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(1) Before any operation to plug and abandon or suspend the operation of any well is commenced, the owner or operator shall submit in writing a notification of abandonment or suspension of operations to the department for approval. No operation to abandon or suspend the operation…
RCW 78.60.130 Performance bond or other security—Required.
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Every operator who engages in the drilling, redrilling, or deepening of any well or core hole shall file with the department a reasonable bond or bonds with good and sufficient surety, or the equivalent thereof, acceptable to the department, conditioned on compliance with the pro…
RCW 78.60.140 Termination or cancellation of bond or change in other security, when.
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The department shall not consent to the termination and cancellation of any bond by the operator, or change as to other security given, until the well or wells for which it has been issued have been properly abandoned or another valid bond for such well has been submitted and app…
RCW 78.60.150 Notification of sale, exchange, etc.
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The owner or operator of a well shall notify the department in writing within ten days of any sale, assignment, conveyance, exchange, or transfer of any nature which results in any change or addition in the owner or operator of the well on such forms with such information as may …
RCW 78.60.160 Combining orders, unitization programs and well spacing—Authority of department.
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The department has the authority, through rules and regulations, to promulgate combining orders, unitization programs, and well spacing, and establish proportionate costs among owners or operators for the operation of such units as the result of said combining orders, if good and…
RCW 78.60.170 Designation of resident agent for service of process.
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Each owner or operator of a well shall designate a person who resides in this state as his or her agent upon whom may be served all legal processes, orders, notices, and directives of the department or any court.[ 2013 c 23 s 255; 1974 ex.s. c 43 s 17. Formerly RCW 79.76.170.]
RCW 78.60.180 General authority of department.
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The department shall have the authority to conduct or authorize investigations, research, experiments, and demonstrations, cooperate with other governmental and private agencies in making investigations, receive any federal funds, state funds, and other funds and expend them on r…
RCW 78.60.190 Employment of personnel.
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The department shall have the authority, and it shall be its duty, to employ all personnel necessary to carry out the provisions of this chapter pursuant to chapter 41.06 RCW.[ 1974 ex.s. c 43 s 19. Formerly RCW 79.76.190.]
RCW 78.60.200 Drilling records, etc., to be maintained—Inspection—Filing.
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(1) The owner or operator of any well or core hole shall keep or cause to be kept careful and accurate logs, including but not restricted to heat flow, temperature gradients, and rock conductivity logs, records, descriptions, and histories of the drilling, redrilling, or deepenin…
RCW 78.60.210 Filing of logs and surveys with department upon completion, plugging, abandonment, or suspension of operations.
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Upon completion or plugging and abandonment of any well or core hole or upon the suspension of operations conducted with respect to any well or core hole for a period of at least six months, one paper and one electronic copy of logs, including but not restricted to heat flow, tem…
RCW 78.60.220 Statement of geothermal resources produced—Filing.
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The owner or operator of any well producing geothermal resources shall file with the department a statement of the geothermal resources produced. Such report shall be submitted on such forms and in such manner as may be prescribed by the department.[ 1974 ex.s. c 43 s 22. Formerl…
RCW 78.60.230 Confidentiality of records—Preservation in an electronic data system.
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(1) The records of any owner or operator, when filed with the department as provided in this chapter, shall be confidential and shall be open to inspection only to personnel of the department for the purpose of carrying out the provisions of this chapter and to those authorized i…
RCW 78.60.240 Removal, destruction, alteration, etc., of records prohibited.
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No person shall, for the purpose of evading the provision of this chapter or any rule, regulation or order of the department made thereunder, remove from this state, or destroy, mutilate, alter or falsify any such record, account, or writing.[ 1974 ex.s. c 43 s 24. Formerly RCW 7…
RCW 78.60.250 Violations—Modification of permit, when necessary—Departmental order—Issuance—Appeal.
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Whenever it appears with probable cause to the department that:(1) A violation of any provision of this chapter, regulation adopted pursuant thereto, or condition of a permit issued pursuant to this chapter has occurred or is about to occur, or(2) That a modification of a permit …
RCW 78.60.260 Liability in damages for violations—Procedure.
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Any person who violates any of the provisions of this chapter, or fails to perform any duty imposed by this chapter, or violates an order or other determination of the department made pursuant to the provisions of this chapter, and in the course thereof causes the death of, or in…
RCW 78.60.270 Injunctions—Restraining orders.
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Whenever it shall appear that any person is violating any provision of this chapter, or any rule, regulation, or order made by the department hereunder, and if the department cannot, without litigation, effectively prevent further violation, the department may bring suit in the n…
RCW 78.60.280 Judicial review.
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(1) Any person adversely affected by any rule, regulation, order, or permit entered by the department pursuant to this chapter may obtain judicial review thereof in accordance with the applicable provisions of chapter 34.05 RCW.(2) The court having jurisdiction, insofar as is pra…
RCW 78.60.290 Violations—Penalty.
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Violation of any provision of this chapter or of any rule, regulation, order of the department, or condition of any permit made hereunder is a gross misdemeanor punishable, upon conviction, by a fine of not more than two thousand five hundred dollars or by imprisonment in the cou…
RCW 78.60.300 Aiding or abetting violations.
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No person shall knowingly aid or abet any other person in the violation of any provision of this chapter or of any rule, regulation or order of the department made hereunder.[ 1974 ex.s. c 43 s 30. Formerly RCW 79.76.300.]