Title 78 — Title 78 MINES, MINERALS, AND PETROLEUM
10 chapters · 199 sections in this title.
RCW 78.52.920 Severability—1951 c 146.
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If any part or parts of this chapter, or the application thereof to any person or circumstances be held to be unconstitutional, such invalidity shall not affect the validity of the remaining portions of this chapter, or the application thereof to other persons or circumstances. T…
RCW 78.56.010 Intent.
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It is in the best interests of the citizens of the state of Washington to insure the highest degree of environmental protection while allowing the proper development and use of its natural resources, including its mineral resources. Metals mining can have significant positive and…
RCW 78.56.020 Definitions.
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The definitions set forth in this section apply throughout this chapter.(1) "Metals mining and milling operation" means a mining operation extracting from the earth precious or base metal ore and processing the ore by treatment or concentration in a milling facility. It also refe…
RCW 78.56.030 Operations subject to this chapter and other requirements.
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Metals mining and milling operations are subject to the requirements of this chapter in addition to the requirements established in other statutes and rules.[ 1994 c 232 s 3.]
RCW 78.56.040 Disclosures required with state environmental policy act checklist—Public inspection of information.
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The department of ecology shall require each applicant submitting a checklist pursuant to chapter 43.21C RCW for a metals mining and milling operation to disclose the ownership and each controlling interest in the proposed operation. The applicant shall also disclose all other mi…
RCW 78.56.050 Environmental impact statement required—Mitigation measures to be part of permit requirements—Department of ecology to cooperate with affected local governments.
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(1) An environmental impact statement must be prepared for any proposed metals mining and milling operation. The department of ecology shall be the lead agency in coordinating the environmental review process under chapter 43.21C RCW and in preparing the environmental impact stat…
RCW 78.56.060 Metals mining coordinator to be appointed—Duties.
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The department of ecology will appoint a metals mining coordinator. The coordinator will maintain current information on the status of any metals mining and milling operation regulated under this chapter from the preparation of the environmental impact statement through the permi…
RCW 78.56.070 Quarterly inspections by responsible state agencies required—Cross-training and coordination of inspections encouraged.
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(1) State agencies with the responsibility for inspecting metals mining and milling operations regulated under this chapter shall conduct such inspections at least quarterly: PROVIDED, That the inspections are not prevented by inclement weather conditions.(2) The legislature enco…
RCW 78.56.080 Estimate of costs by department of ecology and department of natural resources—Fee on operations to be established by department of ecology.
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(1)(a) As part of its normal budget development process and in consultation with the metals mining industry, the department of ecology shall estimate the costs required for the department to meet its obligations for the additional inspections of metals mining and milling operatio…
RCW 78.56.090 Initial waste discharge permits for tailings facilities—Siting criteria—Primary screening process—Technical site investigation—Site selection report.
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(1) In the processing of an application for an initial waste discharge permit for a tailings facility pursuant to the requirements of chapter 90.48 RCW, the department of ecology shall consider site-specific criteria in determining a preferred location of tailings facilities of m…
RCW 78.56.100 Waste discharge permits for metals mining and milling operations tailing facilities—Pollution control standards—Waste rock management plan—Citizen observation and verification of water samples—Voluntary reduction plan—Application of this section.
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(1) In order to receive a waste discharge permit from the department of ecology pursuant to the requirements of chapter 90.48 RCW or in order to operate a metals mining and milling tailing facility, an applicant proposing a metals mining and milling operation regulated under this…
RCW 78.56.110 Performance security required—Conditions—Department of ecology authority to adopt requirements—Liability under performance security.
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(1) The department of ecology shall not issue necessary permits to an applicant for a metals mining and milling operation until the applicant has deposited with the department of ecology a performance security which is acceptable to the department of ecology based on the requirem…
RCW 78.56.120 Remediation or mitigation by department of ecology—Order to submit performance security.
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The department of ecology may, with staff, equipment, and material under its control, or by contract with others, remediate or mitigate any impact of a metals mining and milling operation when it finds that the operator or permit holder has failed to comply with relevant statutes…
RCW 78.56.130 Legislative finding—Impact analysis required for large-scale operations—Impact fees by county legislative authority—Application of this section—Application of chapter 82.02 RCW.
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(1) The legislature finds that the construction and operation of large-scale metals mining and milling facilities may create new job opportunities and enhance local tax revenues. However, the legislature also finds that such operations may also result in new demands on public fac…
RCW 78.56.140 Citizen action suits.
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(1) Except as provided in subsections (2) and (5) of this section, any aggrieved person may commence a civil action on his or her own behalf:(a) Against any person, including any state agency or local government agency, who is alleged to be in violation of a law, rule, order, or …
RCW 78.56.150 Application of requirements to milling facilities not adjacent to mining operation.
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A milling facility which is not adjacent to or in the vicinity of the metals mining operation producing the ore to be milled and which processes precious or base metal ore by treatment or concentration is subject to the provisions of RCW 78.56.010 through 78.56.090, 78.56.100(1) …
RCW 78.56.160 Moratorium on use of heap leach extraction process—Joint review by department of ecology and department of natural resources—Permanent prohibition of in situ extraction.
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(1) Until June 30, 1996, there shall be a moratorium on metals mining and milling operations using the heap leach extraction process. The department of natural resources and the department of ecology shall jointly review the existing laws and regulations pertaining to the heap le…
RCW 78.56.901 Effective date—1994 c 232 ss 1-5, 9-17, and 23-29.
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This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and, with the exception of sections 6 through 8 and 18 through 22 of this act, shall take effect immediately [Apri…
RCW 78.56.902 Effective date—1994 c 232 ss 6-8 and 18-22.
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Sections 6 through 8 and 18 through 22 of this act shall take effect July 1, 1995.[ 1994 c 232 s 31.]
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.]