RCW 78.52.032 — Washington Code / Title 78 / Chapter 52 / Section 032
RCW 78.52.032: Hearing examiners.
Status: in_force

In addition to the powers and authority, either express or implied, granted to the department by virtue of the laws of this state, the department may, in prescribing its rules of order or procedure in connection with hearings or other proceedings before the department, provide for the appointment of one or more examiners to conduct a hearing or hearings with respect to any matter properly coming before the department and to make reports and recommendations to the department with respect thereto. Any employee of the department or any other person designated by the commissioner of public lands, or the supervisor when this power is so delegated, may serve as an examiner. The department shall adopt rules governing hearings to be conducted before examiners.
RCW 78.52.230 — Washington Code / Title 78 / Chapter 52 / Section 230
RCW 78.52.230: Development units—Order must cover entire pool—Modifications.
Status: in_force

An order establishing development units for a pool shall cover all lands determined or believed to be underlaid by such pool, and may be modified by the department from time to time to include additional areas determined to be underlaid by such pool. When the department determines that it is necessary for the prevention of waste, or to avoid the drilling of unnecessary wells, or to protect correlative rights, an order establishing development units in a pool may be modified by the department to increase or decrease the size of development units in the pool or to permit the drilling of additional wells on a reasonably uniform plan in the pool.
RCW 78.44.190 — Washington Code / Title 78 / Chapter 44 / Section 190
RCW 78.44.190: Deficiencies—Order to rectify—Time extension.
Status: in_force

(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 department, a reclamation permit, or a reclamation plan; or (b) a permit holder whose surface mine is out of compliance with the provisions of this chapter, the rules adopted by the department, or the permit holder's current and valid reclamation permit or reclamation plan. (2) The order shall describe the deficiencies and shall initially require the order recipient to correct all deficiencies by a date that is no later than sixty days after the department's issuance of the order. The department may extend the period to correct deficiencies for delays clearly beyond the order recipient's control, but only when the person is, in the opinion of the department, making every reasonable effort to comply. This order becomes final and effective after being upheld upon completion of all administrative and judicial review proceedings or following notice and a failure to timely request a hearing.
RCW 78.08.082 — Washington Code / Title 78 / Chapter 08 / Section 082
RCW 78.08.082: Affidavit is prima facie evidence.
Status: in_force

Such affidavit when so recorded shall be prima facie evidence of the performance of such labor or the making of such improvements, and such original affidavit after it has been recorded, or a certified copy of record of same, shall be received as evidence accordingly by all the courts of this state.
RCW 78.56.100 — Washington Code / Title 78 / Chapter 56 / Section 100
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.
Status: in_force

(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 chapter must meet the following additional requirements: (a) Any tailings facility shall be designed and operated to prevent the release of pollution and must meet the following standards: (i) Operators shall apply all known available and reasonable technology to limit the concentration of potentially toxic materials in the tailings facility to assure the protection of wildlife and human health; (ii) The tailings facility shall have a containment system that includes an engineered liner system, leak detection and leak collection elements, and a seepage collection impoundment to assure that a leak of any regulated substance under chapter 90.48 RCW will be detected before escaping from the containment system. The design and management of the facility must ensure that any leaks from the tailings facility are detected in a manner which allows for remediation pursuant to chapter 90.48 RCW. The applicant shall prepare a detailed engineering report setting forth the facility design and construction. The applicant shall submit the report to the department of ecology for its review and approval of a design as determined by the department. Natural conditions, such as depth to groundwater or net rainfall, shall be taken into account in the facility design, but not in lieu of the protection required by the engineered liner system; (iii) The toxicity of mine or mill tailings and the potential for long-term release of regulated substances from mine or mill tailings shall be reduced to the greatest extent practicable through stabilization, removal, or reuse of the substances; and (iv) The closure of the tailings facility shall provide for isolation or containment of potentially toxic materials and shall be designed to prevent future release of regulated substances contained in the impoundment; (b) The applicant must develop a waste rock management plan approved by the department of ecology and the department of natural resources which emphasizes pollution prevention. At a minimum, the plan must contain the following elements: (i) An accurate identification of the acid generating properties of the waste rock; (ii) A strategy for encapsulating potentially toxic material from the environment, when appropriate, in order to prevent the release of heavy metals and acidic drainage; and (iii) A plan for reclaiming and closing waste rock sites which minimizes infiltration of precipitation and runoff into the waste rock and which is designed to prevent future releases of regulated substances contained within the waste rock; (c) If an interested citizen or citizen group so requests of the department of ecology, the metals mining and milling operator or applicant shall work with the department of ecology and the interested party to make arrangements for citizen observation and verification in the taking of required water samples. While it is the intent of this subsection to provide for citizen observation and verification of water sampling activities, it is not the intent of this subsection to require additional water sampling and analysis on the part of the mining and milling operation or the department. The citizen observation and verification program shall be incorporated into the applicant's, operator's, or department's normal sampling regimen and shall occur at least once every six months. There is no duty of care on the part of the state or its employees to any person who participates in the citizen observation and verification of water sampling under chapter 232, Laws of 1994 and the state and its employees shall be immune from any civil lawsuit based on any injuries to or claims made by any person as a result of that person's participation in such observation and verification of water sampling activities. The metals mining and milling operator or applicant shall not be liable for any injuries to or claims made by any person which result from that person coming onto the property of the metals mining and milling operator or applicant as an observer pursuant to chapter 232, Laws of 1994. The results from these and all other relevant water sampling activities shall be kept on file with the relevant county and shall be available for public inspection during normal working hours; and (d) An operator or applicant for a metals mining and milling operation must complete a voluntary reduction plan in accordance with RCW 70A.214.110 . (2) Only those tailings facilities constructed after April 1, 1994, must meet the requirement established in subsection (1)(a) of this section. Only those waste rock holdings constructed after April 1, 1994, must meet the requirement established in subsection (1)(b) of this section.
RCW 78.06.020 — Washington Code / Title 78 / Chapter 06 / Section 020
RCW 78.06.020: Duplicate survey reports to be filed with county auditor—Contents.
Status: in_force

All reports of geological, geophysical, or geochemical surveys on mining claims which may be filed with the auditor of any county in this state pursuant to United States Public Law 85-876 or amendments or revisions thereto shall be so filed in duplicate, and shall set forth fully: (1) The location of the survey performed in relation to the point of discovery and boundaries of the claim. (2) The nature, extent, and cost of the survey. (3) The date the survey was commenced and the date completed. (4) The basic findings therefrom. (5) The name, address, and professional background of the person or persons performing or conducting the survey.
RCW 78.08.005 — Washington Code / Title 78 / Chapter 08 / Section 005
RCW 78.08.005: Prior claims, how governed.
Status: in_force

All mining claims upon veins or lodes of quartz or other rock in place, bearing gold, silver or other valuable mineral deposits heretofore located, shall be governed as to length along the vein or lode by the customs, regulations and laws in force at the date of such location.
RCW 78.44.320 — Washington Code / Title 78 / Chapter 44 / Section 320
RCW 78.44.320: Definitions applicable to RCW 78.44.330.
Status: in_force

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 bottom of the unit and used to recover heavy mineral sands. (2) "Dredge" means a subsurface hose from one and one-half to ten inches in diameter that is powered by an engine and is used to draw up auriferous material that is then separated in the sluice portion of the unit. (3) "Flume" means a trough used to convey water. (4) "Mining claim" means a portion of the public lands claimed for the valuable minerals occurring in those lands and for which the mineral rights are obtained under federal law or a right that is recognized by the United States bureau of land management and given an identification number. (5) "Quartz mill" means a facility for processing ores or gravel. (6) "Rocker box" means a unit constructed of a short trough attached to curved supports that allow the unit to be rocked from side to side. (7) "Sluice box" means a portable unit constructed of a wood or metal flume or trough equipped with transverse riffles across the bottom of the unit and that is used to recover heavy mineral sands.
RCW 78.60.130 — Washington Code / Title 78 / Chapter 60 / Section 130
RCW 78.60.130: Performance bond or other security—Required.
Status: in_force

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 provisions of this chapter and all rules and permit conditions adopted pursuant to this chapter. This performance bond shall be executed in favor of and approved by the department. In lieu of a bond the operator may file with the department a cash deposit, negotiable securities acceptable to the department, or an assignment of a savings account in a Washington bank on an assignment form prescribed by the department. The department, in its discretion, may accept a single surety or security arrangement covering more than one well or core hole.
RCW 78.60.150 — Washington Code / Title 78 / Chapter 60 / Section 150
RCW 78.60.150: Notification of sale, exchange, etc.
Status: in_force

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 be prescribed by the department.
RCW 78.52.155 — Washington Code / Title 78 / Chapter 52 / Section 155
RCW 78.52.155: Investigations—Powers and duties.
Status: in_force

(1) The department shall make investigations as necessary to carry out this chapter. (2) The department shall require: (a) Identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil or gas; (b) The making and filing of well logs, core samples, directional surveys, and reports on well locations, drilling, and production; (c) The testing of oil and gas wells; (d) The drilling, casing, operating, and plugging of wells in such a manner as to prevent the escape of oil or gas out of the casings, or out of one pool into another, the intrusion of water into an oil or gas pool, and the pollution of freshwater supplies by oil, gas, or salt water and to prevent blowouts, cavings, see pages, and fires; (e) The furnishing of adequate security acceptable to the department, conditioned on the performance of the duty to plug each dry or abandoned well, the duty to reclaim and clean-up well drilling sites, the duty to repair wells causing waste, the duty to comply with all applicable laws and rules adopted by the department, orders of the department, all permit conditions, and this chapter; (f) The operation of wells with efficient gas-oil and water-oil ratios and may fix these ratios and limit production from wells with inefficient gas-oil or water-oil ratios; (g) The production of oil and gas from wells be accurately measured by means and upon standards prescribed by the department, and that every person who produces, sells, purchases, acquires, stores, transports, treats, or processes oil or gas in this state keeps and maintains for a period of five years within this state complete and accurate records thereof, which records shall be available for examination by the department or its agents at all reasonable times, and that every person file with the department such reports as it may prescribe with respect to the oil or gas; and (h) Compliance with all applicable laws and rules of this state. (3) The department shall regulate: (a) The drilling, producing, locating, spacing, and plugging of wells and all other operations for the production of oil or gas; (b) The physical, mechanical, and chemical treatment of wells, and the perforation of wells; (c) Operations to increase ultimate recovery such as cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into producing formations; (d) Disposal of saltwater and oil field brines; (e) The storage, processing, and treatment of natural gas and oil produced within this state; and (f) Reclamation and clean-up of all well sites and any areas directly affected by the drilling, production, operation, and plugging of oil and gas wells. (4) The department may limit and prorate oil and gas produced in this state and may restrict future production of oil and gas from any pool in such amounts as will offset and compensate for any production determined by the department to be in excess of or in violation of "oil allowable" or "gas allowable." (5) The department shall classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter. (6) The department shall regulate oil and gas exploration and drilling activities so as to prevent or remedy unreasonable or excessive waste or surface destruction.
RCW 78.12.040 — Washington Code / Title 78 / Chapter 12 / Section 040
RCW 78.12.040: Notice—Contents—Civil and criminal penalties.
Status: in_force

The notice thus served shall require the said persons to appear before the judge issuing the same, at a time to be stated therein, not more than ten nor less than three days from the service of said notice, and show to the satisfaction of the court that the provisions of this chapter have been complied with; or if said person or persons fail to appear, judgment will be entered against said person or persons for double the amount stated in the notice on file; and all proceedings had therein shall be as prescribed by law in civil cases; and such persons, in addition to any judgment that may be rendered against them, shall be liable and subject to a fine not exceeding the sum of one hundred dollars for each and every violation of the provisions of this chapter, which judgments and fines shall be adjudged and collected as provided for by law.
RCW 78.60.250 — Washington Code / Title 78 / Chapter 60 / Section 250
RCW 78.60.250: Violations—Modification of permit, when necessary—Departmental order—Issuance—Appeal.
Status: in_force

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 is deemed necessary to carry out the purpose of this chapter, the department shall issue a written order in person to the operator or his or her employees or agents, or by certified mail, concerning the drilling, testing, or other operation conducted with respect to any well drilled, in the process of being drilled, or in the process of being abandoned or in the process of reclamation or restoration, and the operator, owner, or designated agent of either shall comply with the terms of the order and may appeal from the order in the manner provided for in RCW 78.60.280 . When the department deems necessary, the order may include a shutdown order to remain in effect until the deficiency is corrected.
RCW 78.52.037 — Washington Code / Title 78 / Chapter 52 / Section 037
RCW 78.52.037: State oil and gas supervisor—Deputy supervisors—Employment of personnel.
Status: in_force

The department shall designate a state oil and gas supervisor who shall be charged with duties as may be delegated by the department. The department may designate one or more deputy supervisors and employ all personnel necessary including the appointment of examiners as provided in RCW 78.52.032 to carry out this chapter and the rules and orders of the department.
RCW 78.52.255 — Washington Code / Title 78 / Chapter 52 / Section 255
RCW 78.52.255: Operations on development unit deemed operations on each tract—Production allocated to tract deemed produced from each tract—Shut-in well considered on each tract—Lease on part of tract excluded from unit.
Status: in_force

(1) Operations incident to the drilling of a well upon any portion of a development unit covered by a pooling order shall be deemed, for all purposes, the conduct of such operations upon each separately-owned tract in the development unit by the several owners thereof. That portion of the production allocated to each separately-owned tract included in a development unit covered by a pooling order shall, when produced, be deemed for all purposes, including the payment of royalty, to have been produced from each separately-owned tract by a well drilled thereon. If an oil or gas well on a pooled unit is shut-in, it shall be considered that the shut-in well is on each separately-owned tract in the pooled unit. (2) If only part of the tract is included in the unit, operations on, production from, or a shut-in well on the unit shall maintain an oil and gas lease on the tract as to the part excluded from the unit only if the lease would be maintained had the unit been created voluntarily under the lease.
RCW 78.60.160 — Washington Code / Title 78 / Chapter 60 / Section 160
RCW 78.60.160: Combining orders, unitization programs and well spacing—Authority of department.
Status: in_force

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 sufficient reason is demonstrated that such measures are necessary to prevent the waste of geothermal resources.
RCW 78.08.070 — Washington Code / Title 78 / Chapter 08 / Section 070
RCW 78.08.070: Cut, excavation, tunnel or test hole in lieu of discovery shaft.
Status: in_force

Any open cut, excavation or tunnel which cuts or exposes a lode and from which a total of two hundred cubic feet of material has been removed or in lieu thereof a test hole drilled on the lode to a minimum depth of twenty feet from the collar, shall hold the lode the same as if a discovery shaft were sunk thereon, and shall be equivalent thereto.
RCW 78.22.090 — Washington Code / Title 78 / Chapter 22 / Section 090
RCW 78.22.090: Waiver prohibited.
Status: in_force

The provisions of this chapter may not be waived at any time prior to the expiration of the twenty-year period under RCW 78.22.010 .
RCW 78.56.080 — Washington Code / Title 78 / Chapter 56 / Section 080
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.
Status: in_force

(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 operations required by chapter 232, Laws of 1994. The department shall also estimate the cost of employing the metals mining coordinator established in RCW 78.56.060 . (b) As part of its normal budget development process and in consultation with the metals mining industry, the department of natural resources shall estimate the costs required for the department to meet its obligations for the additional inspections of metals mining and milling operations required by chapter 232, Laws of 1994. (2) Based on the cost estimates generated by the department of ecology and the department of natural resources, the department of ecology shall establish the amount of a fee to be paid by each active metals mining and milling operation regulated under this chapter. The fee shall be established at a level to fully recover the direct and indirect costs of the agency responsibilities identified in subsection (1) of this section. The amount of the fee for each operation shall be proportional to the number of visits required per site. Each applicant for a metals mining and milling operation shall also be assessed the fee based on the same criterion. The department of ecology may adjust the fees established in this subsection if unanticipated activity in the industry increases or decreases the amount of funding necessary to meet agencies' inspection responsibilities. (3) The department of ecology shall collect the fees established in subsection (2) of this section. All moneys from these fees shall be deposited into the general fund.
RCW 78.52.253 — Washington Code / Title 78 / Chapter 52 / Section 253
RCW 78.52.253: Pooling agreement, offer to pool, pooling order—Fairness to nonconsenting, unleased owners.
Status: in_force

A pooling agreement, offer to pool, or pooling order is not considered fair and reasonable as applied to nonconsenting, unleased owners only, if it provides for an operating agreement containing any of the following provisions: (1) Preferential right of the operator to purchase mineral interests in the unit; (2) A call on or option to purchase production from the unit; (3) Operating charges that include any part of district or central office expense other than reasonable overhead charges; or (4) Prohibition against nonoperators questioning the operation of the unit.
RCW 78.44.101 — Washington Code / Title 78 / Chapter 44 / Section 101
RCW 78.44.101: Joint reclamation plans may be required.
Status: in_force

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 collaborative plan submitted by all affected permit holders or as individual reclamation plans in which the schedule of reclamation, finished contours, and revegetation match reclamation plans of adjacent permit holders.
RCW 78.52.035 — Washington Code / Title 78 / Chapter 52 / Section 035
RCW 78.52.035: Attorney for department.
Status: in_force

The attorney general shall be the attorney for the department, but in cases of emergency, the department may call upon the prosecuting attorney of the county where the action is to be brought, or defended, to represent the department until such time as the attorney general may take charge of the litigation.
RCW 78.52.025 — Washington Code / Title 78 / Chapter 52 / Section 025
RCW 78.52.025: Hearings and meetings of department.
Status: in_force

The department shall hold hearings or meetings at such times and places as may be found by the department to be necessary to carry out its duties. The department may establish its own rules for the conduct of public hearings or meetings consistent with other applicable law.
RCW 78.52.257 — Washington Code / Title 78 / Chapter 52 / Section 257
RCW 78.52.257: Dissolution of pooling order—Interests covered by terminated lease—Modification or termination of pooling order—Extension of dissolution of pooling order.
Status: in_force

(1) An order pooling a development unit shall automatically dissolve: (a) One year after its effective date if there has been no production of commercial quantities or drilling operations on lands within the unit; (b) Six months after completion of a dry hole on the unit; or (c) Six months after cessation of production of commercial quantities from the unit, unless, prior to the expiration of such six-month period, the operator shall, in good faith, commence drilling or reworking operations in an effort to restore production. (2) Upon the termination of a lease pooled by order of the department under authority granted in this chapter, interests covered by the lease are considered pooled as unleased mineral interests. (3) Any party to a pooling order is entitled, after due notice to all parties, to a hearing to modify or terminate a previously entered pooling order upon presenting new evidence showing that the previous determination of reservoir conclusions are substantially incorrect. (4) The department, after notice and hearing, may grant additional time, for good cause shown, before a pooling order is automatically dissolved as provided in subsection (1) of this section. In no case may such an extension be longer than six months.
RCW 78.60.100 — Washington Code / Title 78 / Chapter 60 / Section 100
RCW 78.60.100: Plugging and abandonment of wells or core holes—Transfer of jurisdiction to department of ecology.
Status: in_force

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) Usable minerals cannot be derived, or the owner or operator has no intention of deriving usable minerals, shall be plugged and abandoned as provided in this chapter or, upon the owner's or operator's written application to the department of natural resources and with the concurrence and approval of the department of ecology, jurisdiction over the well may be transferred to the department of ecology and, in such case, the well shall no longer be subject to the provisions of this chapter but shall be subject to any applicable laws and rules relating to wells drilled for appropriation and use of groundwaters. If an application is made to transfer jurisdiction, a copy of all logs, records, histories, and descriptions shall be provided to the department of ecology by the applicant.
RCW 78.08.110 — Washington Code / Title 78 / Chapter 08 / Section 110
RCW 78.08.110: Affidavit as proof.
Status: in_force

The affidavit provided for in the last section, and the aforesaid placer notice or certificate of location when filed for record, shall be prima facie evidence of the facts therein recited. A copy of such certificate, notice or affidavit certified by the county auditor shall be admitted in evidence in all actions or proceeding with the same effect as the original and the provisions of RCW 78.08.081 and 78.08.082 shall apply to placer claims as well as lode claims.
RCW 78.44.011 — Washington Code / Title 78 / Chapter 44 / Section 011
RCW 78.44.011: Intent.
Status: in_force

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 reclamation authority exercised by the department of natural resources and land use and operation regulatory authority by counties, cities, and towns.
RCW 78.44.300 — Washington Code / Title 78 / Chapter 44 / Section 300
RCW 78.44.300: Reclamation awards—Recognition of excellence.
Status: in_force

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 Washington. The department shall designate a percent of the state annual fees as funding of the awards.
RCW 78.44.085 — Washington Code / Title 78 / Chapter 44 / Section 085
RCW 78.44.085: Application fee—Annual permit fee—Confidential records—Appeals—Collection of fees.
Status: in_force

(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 permits, shall pay a nonrefundable application fee to the department before the department will make a decision on the application. The amount of the application fee shall be $4,500. (2) After June 30, 2017, each public or private permit holder shall pay an annual permit fee in an amount pursuant to this section. The annual permit fee shall be payable to the department prior to the reclamation permit being issued and on the anniversary of the permit date each year thereafter. (3)(a) Except as otherwise provided in this subsection, each public or private permit holder must pay an annual fee of $3,500. (b) 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 $1,000. (c) Except as provided in (b) of this subsection, the annual fee for a public permit holder for mines used exclusively for public works projects, as defined in RCW 39.04.010 (5), is $2,500. (4) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department are to be held as confidential and not released as part of a public records request under chapter 42.56 RCW. (5) Appeals from any determination of the department shall not stay the requirement to pay any annual permit fee. Failure to pay the annual fees may constitute grounds for an order to suspend surface mining, pay fines, or cancel the reclamation permit as provided in this chapter. (6) All fees collected by the department shall be deposited into the surface mining reclamation account created in RCW 78.44.045 . (7) 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. (8) Within 60 days after receipt of an application for a new or expanded permit, or revision to an existing reclamation permit or reclamation plan, the department shall advise applicants of any information necessary to successfully complete the application. (9) In addition to other enforcement authority, the department may refer matters to a collection agency licensed under chapter 19.16 RCW when permit fees or fines are past due. The collection agency may impose its own fees for collecting delinquent permit fees or fines.
RCW 78.44.250 — Washington Code / Title 78 / Chapter 44 / Section 250
RCW 78.44.250: Fines—Civil penalties—Damage recovery.
Status: in_force

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 penalty in an amount not more than ten thousand dollars for each violation plus interest based upon a schedule of fines set forth by the department in rule. Procedures for imposing a penalty and setting the amount of the penalty shall be as provided in RCW 90.48.144 . Each day on which a miner or permit holder continues to disobey any order of the department shall constitute a separate violation. If the penalty and interest is not paid to the department after it becomes due and payable, the attorney general, upon the request of the department, may bring an action in the name of the state of Washington to recover the penalty, interest, mitigation for environmental damages, and associated legal fees. Decisions of the department are subject to review by the pollution control hearings board. All fines, interest, penalties, and other damage recovery costs from mines regulated by the department shall be credited to the surface mining reclamation account.
RCW 78.44.230 — Washington Code / Title 78 / Chapter 44 / Section 230
RCW 78.44.230: Abandonment—Cancellation of the reclamation permit.
Status: in_force

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.
RCW 78.52.450 — Washington Code / Title 78 / Chapter 52 / Section 450
RCW 78.52.450: Participation of public lands in unit plan.
Status: in_force

The commissioner of public lands, or other officer or board having the control and management of state land, and the proper board or officer of any political, municipal, or other subdivision or agency of the state having control and management of public lands, may, on behalf of the state or of such political, municipal, or other subdivision or agency thereof, with respect to land and oil and gas rights subject to the control and management of such respective body, board or officer, consent to and participate in any unit plan.
RCW 78.44.070 — Washington Code / Title 78 / Chapter 44 / Section 070
RCW 78.44.070: Cooperation with other agencies—Receipt and expenditure of funds.
Status: in_force

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 other funds and expend them for reclamation of land affected by surface mining and for purposes enumerated in RCW 78.44.060 .
RCW 78.52.463 — Washington Code / Title 78 / Chapter 52 / Section 463
RCW 78.52.463: Suspension of operations for violation—Notice—Order—Hearing—Stay of order.
Status: in_force

(1) Any operation or activity that is in violation of applicable laws, rules, orders, or permit conditions is subject to suspension by order of the department. The order may suspend the operations authorized in the permit in whole or in part. The order may be issued only after the department has first notified the operator or owner of the violations and the operator or owner has failed to comply with the directions contained in the notification within ten days of service of the notice: PROVIDED, That the department may issue the suspension order immediately without notice if the violations are or may cause substantial harm to adjacent property, persons, or public resources, or has or may result in the pollution of waters in violation of any state or federal law or rule. A suspension shall remain in effect until the violations are corrected or other directives are complied with unless declared invalid by the department after hearing or an appeal. The suspension order and notification, where applicable, shall specify the violations and the actions required to be undertaken to be in compliance with such laws, rules, orders, or permit conditions. The order and notification may also require remedial actions to be undertaken to restore, prevent, or correct activities or conditions which have resulted from the violations. The order and notification may be directed to the operator or owner or both. (2) The suspension order constitutes a final and binding order unless the owner or operator to whom the order is directed requests a hearing before the department within fifteen days after service of the order. Such a request shall not in itself stay or suspend the order and the operator or owner shall comply with the order immediately upon service. The department may stay or suspend in whole or in part the suspension order pending a hearing if so requested. The hearing shall constitute an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act.
RCW 78.52.470 — Washington Code / Title 78 / Chapter 52 / Section 470
RCW 78.52.470: Objections to order—Hearing required—Modification of order.
Status: in_force

Any person adversely affected by any order of the department may, within thirty days from the effective date of such order, apply for a hearing with respect to any matter determined therein. No cause for action arising out of any order of the department accrues in any court to any person unless the person makes application for a hearing as provided in this section. Such application shall set forth specifically the ground on which the applicant considers the order to be unlawful or unreasonable. No party shall, in any court, urge or rely upon any ground not set forth in said application. An order made in conformity to a decision resulting from a hearing which abrogates, changes, or modifies the original order shall have the same force and effect as an original. Such hearing shall constitute an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act, and shall be conducted in accordance with its provisions.
RCW 78.52.125 — Washington Code / Title 78 / Chapter 52 / Section 125
RCW 78.52.125: Environmental impact statement required when drilling affects surface waters of the state—Drilling may be denied, when.
Status: in_force

Any person desiring or proposing to drill any well in search of oil or gas, when such drilling would be conducted through or under any surface waters of the state, shall prepare and submit an environmental impact statement upon such form as the department of ecology shall prescribe at least one hundred and twenty days prior to commencing the drilling of any such well. Within ninety days after receipt of such environmental statement the department of ecology shall prepare and submit to the department of natural resources a report examining the potential environmental impact of the proposed well and recommendations for department action thereon. If after consideration of the report the department determines that the proposed well is likely to have a substantial environmental impact the drilling permit for such well may be denied. The department shall require sufficient safeguards to minimize the hazards of pollution of all surface and ground waters of the state. If safeguards acceptable to the department cannot be provided the drilling permit shall be denied.
RCW 78.52.280 — Washington Code / Title 78 / Chapter 52 / Section 280
RCW 78.52.280: Determining market demand—No undue discrimination in proration of "allowable."
Status: in_force

The department shall not be required to determine the reasonable market demand applicable to any single pool of oil except in relation to all pools producing oil of similar kind and quality and in relation to the reasonable market demand. The department shall prorate the "allowable" in such manner as will prevent undue discrimination against any pool or area in favor of another or others resulting from selective buying or nomination by purchasers.
RCW 78.08.090 — Washington Code / Title 78 / Chapter 08 / Section 090
RCW 78.08.090: Relocating abandoned claim.
Status: in_force

The relocation of a forfeited or abandoned quartz or lode claim shall only be made by sinking a new discovery shaft, or in lieu thereof performing at least an equal amount of development work within the borders of the claim, and fixing new boundaries in the same manner and to the same extent as is required in making a new location, or the relocator may sink the original discovery shaft ten feet deeper than it was at the date of commencement of such relocation, and shall erect new, or make the old monuments the same as originally required; in either case a new location monument shall be erected.
RCW 78.52.050 — Washington Code / Title 78 / Chapter 52 / Section 050
RCW 78.52.050: Rules, regulations, and orders—Time and place of hearing—Notices.
Status: in_force

The department may make such reasonable rules, regulations, and orders as may be necessary from time to time for the proper administration and enforcement of this chapter. Unless otherwise required by law or by this chapter or by rules of procedure made under this chapter, the department may make such rules, regulations, and orders, after notice, as the basis therefor. The notice may be given by publication in some newspaper of general circulation in the state in a manner and form which may be prescribed by the department by general rule. The public hearing shall be at the time and in the manner and at the place prescribed by the department, and any person having any interest in the subject matter of the hearing shall be entitled to be heard. In addition, written notice shall be mailed to all interested persons who have requested, in writing, notice of department hearings, rulings, policies, and orders. The department shall establish and maintain a mailing list for this purpose. Substantial compliance with these mailing requirements is deemed compliance with this section.
RCW 78.44.240 — Washington Code / Title 78 / Chapter 44 / Section 240
RCW 78.44.240: Reclamation by the department—Order to submit performance security—Cost recovery.
Status: in_force

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 abandonment and the permit holder is not actively pursuing reclamation. If the department intends to undertake the reclamation, the department shall issue an order to submit performance security requiring the permit holder or surety to submit to the department the amount of moneys posted pursuant to RCW 78.44.087 . If the amount specified in the order to submit performance security is not paid within twenty days after issuance of the notice, the attorney general upon request of the department shall bring an action on behalf of the state in a superior court to recover the amount specified and associated legal fees. The department may proceed at any time after issuing the order to submit performance security with reclamation of the site according to the approved reclamation plan or according to a plan developed by the department that meets the minimum reclamation standards. The department shall keep a record of all expenses incurred in carrying out any reclamation project or activity authorized under this section, including: (1) Reclamation; (2) A reasonable charge for the services performed by the state's personnel and the state's equipment and materials utilized; and (3) Administrative and legal expenses related to reclamation of the surface mine. The department shall refund to the surety or permit holder all amounts received in excess of the amount of expenses incurred. If the amount received is less than the expenses incurred, the attorney general, upon request of the department, may bring an action against the permit holder on behalf of the state in the superior court to recover the remaining costs listed in this section.
RCW 78.52.260 — Washington Code / Title 78 / Chapter 52 / Section 260
RCW 78.52.260: "Wildcat" or "exploratory" well data confidential.
Status: in_force

Whenever the department requires the making and filing of well logs, directional surveys, or reports on the drilling of, subsurface conditions found in, or reports with respect to the substance produced, or capable of being produced from, a "wildcat" or "exploratory" well, as those terms are used in the petroleum industry, such logs, surveys, reports, or information shall be kept confidential by the department for a period of one year, if at the time of filing such logs, surveys, reports, or other information, the owner, lessee, or operator of such well requests that such information be kept confidential: PROVIDED, HOWEVER, That the department may divulge or use such information in a public hearing or suit when it is necessary for the enforcement of the provisions of this chapter or any rule, regulation, or order made hereunder.
RCW 78.44.340 — Washington Code / Title 78 / Chapter 44 / Section 340
RCW 78.44.340: Mineral trespass—Limitation on application.
Status: in_force

(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) of this section, "laws or judicial decrees" includes but is not limited to: (a) Laws defining duties and functions of public servants; (b) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions; and (c) Judgments and orders of courts.
RCW 78.52.205 — Washington Code / Title 78 / Chapter 52 / Section 205
RCW 78.52.205: Development units to be prescribed for pool after discovery—Temporary development units.
Status: in_force

Within sixty days after the discovery of oil or gas in a pool not then covered by an order of the department, a hearing shall be held and the department shall issue an order prescribing development units for the pool. If sufficient geological or other scientific data from drilling operations or other evidence is not available to determine the maximum area that can be efficiently and economically drained by one well, the department may establish temporary development units to ensure the orderly development of the pool pending availability of the necessary data. A temporary order shall continue in force for a period of not more than twenty-four months at the expiration of which time, or upon the petition of an affected person, the department shall require the presentation of such geological, scientific, drilling, or other evidence as will enable it to determine the proper development units in the pool. During the interim period between the discovery and the issuance of the temporary order, permits shall not be issued for the drilling of direct offsets to a discovery well.
RCW 78.56.060 — Washington Code / Title 78 / Chapter 56 / Section 060
RCW 78.56.060: Metals mining coordinator to be appointed—Duties.
Status: in_force

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 permitting, construction, operation, and reclamation phases of the project or until the proposal is no longer active. The coordinator shall also maintain current information on postclosure activities. The coordinator will act as a contact person for the applicant, the operator, and interested members of the public. The coordinator may also assist agencies with coordination of their inspection and monitoring responsibilities.
RCW 78.44.020 — Washington Code / Title 78 / Chapter 44 / Section 020
RCW 78.44.020: Purposes.
Status: in_force

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 completion of surface mining; (2) Provide for the greatest practical degree of statewide consistency in the regulation of surface mines; (3) Apportion regulatory authority between state and local governments in order to minimize redundant regulation of mining; and (4) Ensure that reclamation is consistent with local land use plans.
RCW 78.52.920 — Washington Code / Title 78 / Chapter 52 / Section 920
RCW 78.52.920: Severability—1951 c 146.
Status: in_force

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. The legislature hereby declares that it would have passed the remaining parts of this chapter if it had known that said invalid part or parts thereof would be declared unconstitutional.
RCW 78.44.330 — Washington Code / Title 78 / Chapter 44 / Section 330
RCW 78.44.330: Mineral trespass—Penalty.
Status: in_force

(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) Enters a mining claim posted as required in chapter 78.08 RCW and disturbs, removes, or attempts to remove any mineral from the claim site; (c) Tampers with or disturbs a flume, rocker box, bedrock sluice, sluice box, dredge, quartz mill, or other mining equipment at a posted mining claim; or (d) Defaces a location stake, side post, corner post, landmark, monument, or posted written notice within a posted mining claim. (2) Mineral trespass is a class C felony.
RCW 78.22.040 — Washington Code / Title 78 / Chapter 22 / Section 040
RCW 78.22.040: Statement of claim—Contents—Fees—Filing.
Status: in_force

The statement of claim referred to in RCW 78.22.030 (9) shall be filed by the current owner of the mineral interest prior to the end of the twenty-year period set forth in RCW 78.22.010 or within two years after June 7, 1984, whichever is later. The statement of claim shall contain the name and address of the current owner of such interest, and the name of the original holder of the mineral interest substantially as that name is shown on the instrument that originally created the mineral interest and shall be accompanied by payment of the fees provided in RCW 36.18.010 . The statement of claim shall be filed in the county auditor's office in the county in which such land affected by the mineral interest is located.
RCW 78.04.030 — Washington Code / Title 78 / Chapter 04 / Section 030
RCW 78.04.030: No stock subscription necessary.
Status: in_force

In incorporations already formed, or which may hereafter be formed under *this chapter, where the amount of the capital stock of such corporation consists of the aggregate valuation of the whole number of feet, shares, or interest in any mining claim in this state, for the working and development of which such corporation shall be or have been formed, no actual subscription to the capital stock of such corporation shall be necessary; but each owner in said mining claim shall be deemed to have subscribed such an amount to the capital stock of such corporation as under its bylaws will represent the value of so much of his or her interest in said mining claim, the legal title to which he or she may by deed, deed of trust, or other instrument vest, or have vested in such corporation for mining purposes; such subscription to be deemed to have been made on the execution and delivery to such corporation of such deed, deed of trust, or other instrument; nor shall the validity of any assessment levied by the board of trustees of such corporation be affected by the reason of the fact that the full amount of the capital stock of such corporation, as mentioned in its certificate of incorporation, shall not have been subscribed as provided in this section: PROVIDED, That the greater portion of said amount of capital stock shall have been so subscribed: AND, PROVIDED FURTHER, That this section shall not be so construed as to prohibit the stockholders of any corporation formed, or which may be formed, for mining purposes as provided in this section, from regulating the mode of making subscriptions to its capital stock and calling in the same by bylaws or express contract.
RCW 78.60.230 — Washington Code / Title 78 / Chapter 60 / Section 230
RCW 78.60.230: Confidentiality of records—Preservation in an electronic data system.
Status: in_force

(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 in writing by such owner or operator, until the expiration of a twenty-four month confidential period to begin at the date of commencement of production or of abandonment of the well or core hole. After expiration of the twenty-four month confidential period, the department shall ensure all logs and surveys that may have been run on the well or core hole are preserved in an electronic data system and made available to the public. (2) Such records shall in no case, except as provided in this chapter, be available as evidence in court proceedings. No officer, employee, or member of the department shall be allowed to give testimony as to the contents of such records, except as provided in this chapter for the review of a decision of the department or in any proceeding initiated for the enforcement of an order of the department, for the enforcement of a lien created by the enforcement of this chapter, or for use as evidence in criminal proceedings arising out of such records or the statements upon which they are based.
RCW 78.60.220 — Washington Code / Title 78 / Chapter 60 / Section 220
RCW 78.60.220: Statement of geothermal resources produced—Filing.
Status: in_force

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.
RCW 78.08.030 — Washington Code / Title 78 / Chapter 08 / Section 030
RCW 78.08.030: Rights of locators.
Status: in_force

The locators of all mining locations heretofore made or hereafter made under the provisions of RCW 78.08.005 through 78.08.040 , on any mineral vein, lode or ledge on the public domain, and their heirs and assigns so long as they comply with the laws of the United States and the state and local laws relating thereto, shall have the exclusive right to the possession and enjoyment of all surface included within the lines of their location, and of all veins, lodes and ledges throughout their entire depth, and the top or apex of which lies within the surface lines of such location, extending downward vertically, although such veins, lodes or ledges may so far depart from the perpendicular in their course downward as to extend outside of the vertical side line of said surface location.
RCW 78.60.170 — Washington Code / Title 78 / Chapter 60 / Section 170
RCW 78.60.170: Designation of resident agent for service of process.
Status: in_force

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.
RCW 78.44.121 — Washington Code / Title 78 / Chapter 44 / Section 121
RCW 78.44.121: Reclamation setbacks—Exemption.
Status: in_force

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 department. Setbacks and buffers may be destroyed as part of final reclamation of each segment if approved by the department. (2) The minimum reclamation setback for consolidated materials within mines permitted after June 30, 1993, shall be thirty feet or as determined by the department. (3) An exemption from this section may be granted by the department following a written request. The department may consider submission of a plan for backfilling acceptable to the department, a geotechnical slope-stability study, proof of a dedicated source of fill materials, written approval of contiguous landowners, and other information before granting an exemption.
RCW 78.22.020 — Washington Code / Title 78 / Chapter 22 / Section 020
RCW 78.22.020: "Mineral interest" defined.
Status: in_force

A mineral interest means the interest which is created by an instrument transferring, either by grant, assignment, or reservation, or otherwise an interest, of any kind, in any subsurface mineral.
RCW 78.12.060 — Washington Code / Title 78 / Chapter 12 / Section 060
RCW 78.12.060: Procedure when shaft unclaimed.
Status: in_force

If the notice filed with the district or municipal court, as aforesaid, shall state that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the court shall notify the county legislative authority of the location of the same, and they shall, as soon as possible thereafter, cause the same to be so fenced, or otherwise guarded, as to prevent accidents to persons or animals; and all expenses thus incurred shall be paid as other county expenses: PROVIDED, That nothing herein contained shall be so construed as to compel the county commissioners to fill up, fence or otherwise guard any shaft, excavation or hole, unless in their discretion, the same may be considered dangerous to persons or animals.
RCW 78.56.901 — Washington Code / Title 78 / Chapter 56 / Section 901
RCW 78.56.901: Effective date—1994 c 232 ss 1-5, 9-17, and 23-29.
Status: in_force

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 [April 1, 1994].
RCW 78.16.020 — Washington Code / Title 78 / Chapter 16 / Section 020
RCW 78.16.020: Order for lease—Terms—Option to purchase.
Status: in_force

When said commissioners, in their discretion, decide to lease said claims or properties as provided in RCW 78.16.010 , they shall enter an order to that effect upon their records and shall fix the duration and terms and conditions of said lease, and in case an option to purchase is given shall fix the purchase price, which shall not be less than the total amount of the taxes, interest and penalties due at the time the property was acquired by the county, and may provide that any royalties paid shall apply and be credited on the purchase price, and said lease or lease and option shall be signed and executed on behalf of said county by said commissioners, or a majority of them.