reglab/housing_qa huggingface dataset:
WA Rev Code § 78.44.050 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.050 - Exclusive authority to regulate reclamation—Department may delegate enforcement authority to counties, cities, towns—Other laws not affected.

RCW 78.44.050 Exclusive authority to regulate reclamation—Department may delegate enforcement authority to counties, cities, towns—Other laws not affected.The department shall have the exclusive authority to regulate surface mine reclamation. No county, city, or town may require for its review or approval a separate reclamation plan or application. The department may, however, delegate some or all of its enforcement authority by contractual agreement to a county, city, or town that employs personnel who are, in the opinion of the department, qualified to enforce plans approved by the department. All counties, cities, or towns shall have the authority to zone surface mines and adopt ordinances regulating operations as provided in this chapter, except that county, city, or town operations ordinances may be preempted by the department during the emergencies outlined in RCW 78.44.200 and related rules.This chapter shall not alter or preempt any provisions of the state water allocation and use laws (chapters 90.03 and 90.44 RCW), the state water pollution control laws (chapter 90.48 RCW), the state fish and wildlife laws (Title 77 RCW), state noise laws or air quality laws (Title 70 [70A] RCW), shoreline management (chapter 90.58 RCW), the state environmental policy act (chapter 43.21C RCW), state growth management (chapter 36.70A RCW), state drinking water laws (chapters 43.20 and 70A.125 RCW), or any other state statutes.[ 2021 c 65 § 83; 2003 c 39 § 39; 1997 c 185 § 1; 1993 c 518 § 7; 1970 ex.s. c 64 § 6.]NOTES:Explanatory statement—2021 c 65: See note following RCW 53.54.030.Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.055 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.055 - Surface mining of coal—Preemption of chapter by federal laws, programs.

RCW 78.44.055 Surface mining of coal—Preemption of chapter by federal laws, programs.In the event state law is preempted under federal surface mining laws relating to surface mining of coal or the department of natural resources determines that a federal program and its rules and regulations relating to the surface mining of coal are as stringent and effective as the provisions of this chapter, the provisions of this chapter shall not apply to such surface mining for which federal permits are issued until such preemption ceases or the department determines such chapter should apply.[ 1984 c 215 § 8. Formerly RCW 78.44.175.]
WA Rev Code § 78.44.060 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.060 - Investigations, research, etc.—Dissemination of information.

RCW 78.44.060 Investigations, research, etc.—Dissemination of information.The department shall have the authority to conduct, authorize, and/or participate in investigations, research, experiments, and demonstrations, and to collect and disseminate information relating to surface mining and reclamation of surface mined lands.[ 1993 c 518 § 8; 1970 ex.s. c 64 § 7.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.070 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.070 - Cooperation with other agencies—Receipt and expenditure of funds.

RCW 78.44.070 Cooperation with other agencies—Receipt and expenditure of funds.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.[ 1993 c 518 § 9; 1970 ex.s. c 64 § 8.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.081 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.081 - Reclamation permits required—Applications.

RCW 78.44.081 Reclamation permits required—Applications.After July 1, 1993, no miner or permit holder may engage in surface mining without having first obtained a reclamation permit from the department. Operating permits issued by the department between January 1, 1971, and June 30, 1993, shall be considered reclamation permits. A separate permit shall be required for each noncontiguous surface mine. The reclamation permit shall consist of the permit forms and any exhibits attached thereto. The permit holder shall comply with the provisions of the reclamation permit unless waived and explained in writing by the department.Prior to receiving a reclamation permit, an applicant must submit an application on forms provided by the department that shall contain the following information and shall be considered part of the reclamation permit:(1) Name and address of the legal landowner, or purchaser of the land under a real estate contract;(2) The name of the applicant and, if the applicants are corporations or other business entities, the names and addresses of their principal officers and resident agent for service of process;(3) A reasonably accurate description of the minerals to be surface mined;(4) Type of surface mining to be performed;(5) Estimated starting date, date of completion, and date of completed reclamation of surface mining;(6) Size and legal description of the permit area and maximum lateral and vertical extent of the disturbed area;(7) Expected area to be disturbed by surface mining during (a) the next twelve months, and (b) the following twenty-four months;(8) Any applicable SEPA documents; and(9) Other pertinent data as required by the department.The reclamation permit shall be granted for the period required to deplete essentially all minerals identified in the reclamation permit on the land covered by the reclamation plan. The reclamation permit shall be valid until the reclamation is complete unless the permit is canceled by the department.[ 1997 c 192 § 1; 1993 c 518 § 11.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.083 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.083 - Reclamation permit—Refusal to issue.

RCW 78.44.083 Reclamation permit—Refusal to issue.The department shall refuse to issue a reclamation permit if it is determined during the SEPA process that the impacts of a proposed surface mine cannot be adequately mitigated.The department or county, city, or town may refuse to issue any other permit at any other location to any miner or permit holder who fails to rectify deficiencies set forth in an order of the department within the requisite time schedule. However, the department or county, city, or town shall issue all appropriate permits when all deficiencies are corrected at each surface mining site.[ 1993 c 518 § 33.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.101 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.101 - Joint reclamation plans may be required.

RCW 78.44.101 Joint reclamation plans may be required.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.[ 1993 c 518 § 13.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.111 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.111 - Segmental reclamation—Primary objective.

RCW 78.44.111 Segmental reclamation—Primary objective.The permit holder shall reclaim each segment of the mine within two years of completion of surface mining on that segment except as provided in a segmental reclamation agreement approved in writing by the department. The primary objective of a segmental reclamation agreement should be to enhance final reclamation.[ 1993 c 518 § 5.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.121 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.121 - Reclamation setbacks—Exemption.

RCW 78.44.121 Reclamation setbacks—Exemption.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.[ 1993 c 518 § 18.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.131 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.131 - Reclamation specifics—Basic objective—Modifications for metals mining and milling operations—Timeline.

RCW 78.44.131 Reclamation specifics—Basic objective—Modifications for metals mining and milling operations—Timeline.The need for, and the practicability of, reclamation shall control the type and degree of reclamation in any specific instance. However, the basic objective of reclamation is to reestablish on a continuing basis the vegetative cover, slope stability, water conditions, and safety conditions suitable to the proposed subsequent use consistent with local land use plans for the surface mine site.Each permit holder shall comply with the minimum reclamation standards in effect on the date the permit was issued and any additional reclamation standards set forth in the approved reclamation plan. The department may modify, on a site specific basis, the minimum reclamation standards for metals mining and milling operations regulated under chapter 232, Laws of 1994 in order to achieve the reclamation and closure objectives of that chapter. The basic objective of reclamation for these operations is the reestablishment on a continuing basis of vegetative cover, slope stability, water conditions, and safety conditions.Reclamation activities, particularly those relating to control of erosion and mitigation of impacts of mining to adjacent areas, shall, to the extent feasible, be conducted simultaneously with surface mining, and in any case shall be initiated at the earliest possible time after completion of surface mining on any segment of the permit area.All reclamation activities shall be completed not more than two years after completion or abandonment of surface mining on each segment of the area for which a reclamation permit is in force.The department may by contract delegate enforcement of provisions of reclamation plans to counties, cities, and towns. A county, city, or town performing enforcement functions may not impose any additional fees on permit holders.[ 1994 c 232 § 24; 1993 c 518 § 20.]NOTES:Effective date—1994 c 232 §§ 1-5, 9-17, and 23-31: See RCW 78.56.901.Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.151 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.151 - Reclamation plans—Modification, when required—SEPA.

RCW 78.44.151 Reclamation plans—Modification, when required—SEPA.(1) The permit holder may modify the reclamation plan at any time during the term of the permit provided that the modified reclamation plan meets the protections, mitigations, and reclamation goals of RCW 78.44.091, 78.44.131, and 78.44.141.(2) The department may require a permit holder to modify the reclamation plan if the department determines:(a) That the previously approved reclamation plan has not been modified during the past ten years; or(b) That the permit holder has violated or is not substantially following the previously approved reclamation plan.(3) Modified reclamation plans shall be reviewed by the department as lead agency under SEPA. Such SEPA analyses shall consider only those impacts relating directly to the proposed modifications. Copies of proposed and approved modifications shall be sent to the appropriate county, city, or town.[ 1997 c 192 § 3; 1993 c 518 § 23.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.161 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.161 - Reclamation compliance—Inspection of disturbed area—Special inspection requirements for metals mining and milling operations.

RCW 78.44.161 Reclamation compliance—Inspection of disturbed area—Special inspection requirements for metals mining and milling operations.The department may order at any time an inspection of the disturbed area to determine if the miner or permit holder has complied with the reclamation permit, rules, and this chapter.The department shall have special inspection requirements for metals mining and milling operations regulated under chapter 232, Laws of 1994. The department shall inspect these mining operations at least quarterly, unless prevented by inclement weather conditions, in order to ensure that the permit holder is in compliance with the reclamation permit, rules, and this chapter. The department shall conduct additional inspections as needed during the construction phase of these mining operations in order to ensure compliance with the reclamation permit, rules, and this chapter.[ 1994 c 232 § 22; 1993 c 518 § 25.]NOTES:Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.171 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.171 - Reclamation—Transfer of permits.

RCW 78.44.171 Reclamation—Transfer of permits.Reclamation permits shall be transferred to a subsequent permit holder and the department shall release the former permit holder from the duties imposed by this chapter if:(1) Both permit holders comply with all rules of the department addressing requirements for transferring a permit; and(2) Unless waived by the department, the mine and all others operated by both the former and subsequent permit holders and their principal officers or owners are in compliance with this chapter and rules.[ 1993 c 518 § 22.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.181 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.181 - Reclamation—Report by permit holder on anniversary date.

RCW 78.44.181 Reclamation—Report by permit holder on anniversary date.On the anniversary date of the reclamation permit and each year thereafter until reclamation is completed and approved, the permit holder shall file a report of activities completed during the preceding year. The report shall be on a form prescribed by the department.[ 1993 c 518 § 24.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.190 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.190 - Deficiencies—Order to rectify—Time extension.

RCW 78.44.190 Deficiencies—Order to rectify—Time extension.(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.[ 2007 c 192 § 2; 1993 c 518 § 26.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.200 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.200 - Immediate danger—Emergency notice and order to rectify deficiencies—Emergency order to suspend surface mining.

RCW 78.44.200 Immediate danger—Emergency notice and order to rectify deficiencies—Emergency order to suspend surface mining.When the department finds that a permit holder is conducting surface mining in any manner not authorized by:(1) This chapter;(2) The rules adopted by the department;(3) The approved reclamation plan; or(4) The reclamation permit;and that activity has created a situation involving an immediate danger to the public health, safety, welfare, or environment requiring immediate action, the department may issue an emergency notice and order to rectify deficiencies, and/or an emergency order to suspend surface mining. These orders shall be effective when entered. The department may take such action as is necessary to prevent or avoid the danger to the public health, safety, welfare, or environment that justifies use of emergency adjudication. The department shall give such notice as is practicable to the permit holder or miner who is required to comply with the order. The order shall comply with the requirements of the administrative procedure act.Regulations of surface mining operations administered by other state and local agencies shall be preempted by this section to the extent that the time schedule and procedures necessary to rectify the emergency situation, as determined by the department, conflict with such local regulation.[ 1993 c 518 § 27.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.210 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.210 - Suspension of a reclamation permit.

RCW 78.44.210 Suspension of a reclamation permit.The department, through the state geologist or assistant state geologist, may suspend a reclamation permit whenever a permit holder or surface mine is out of compliance with a final department order. The suspension order must be served on the permit holder by certified mail with return receipt requested or by personal service. The order must specify the final order alleged to be violated, the facts upon which the conclusion of violation is based, and the conclusions of law. This order becomes final and effective after being upheld upon completion of all administrative review proceedings or following notice and a failure to timely request a hearing. No surface mining or reclamation may occur while a permit is suspended unless under the express written authority of the department.[ 2007 c 192 § 5; 1993 c 518 § 28.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.220 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.220 - Declaration of abandonment—Reclamation—Subsequent miner.

RCW 78.44.220 Declaration of abandonment—Reclamation—Subsequent miner.The department may issue a declaration of abandonment when it determines that all surface mining has ceased for a period of one hundred eighty consecutive days not set forth in the permit holder's reclamation plan or when, by reason of inspection of the permit area, or by any other means, the department determines that the mine has in fact been abandoned by the permit holder except that abandonment shall not include normal interruptions of surface mining resulting from labor disputes, economic conditions associated with lack of smelting capacity or availability of appropriate transportation, war, social unrest, demand for minerals, maintenance and repairs, and acts of God.Following a declaration of abandonment, the department shall require the permit holder to complete reclamation in accordance with this chapter. If the permit holder fails to do so, the department shall proceed to do the necessary reclamation work pursuant to RCW 78.44.240.If another miner applies for a permit on a site that has been declared abandoned, the department may, in its discretion, cancel the reclamation permit of the permit holder and issue a new reclamation permit to the applicant. The department shall not issue a new permit unless it determines that such issuance will be an effective means of assuring that the site will ultimately be reclaimed. The applicant must agree to assume the reclamation responsibilities left unfinished by the first miner, in addition to meeting all requirements for issuance of a new permit.[ 1993 c 518 § 29.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.230 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.230 - Abandonment—Cancellation of the reclamation permit.

RCW 78.44.230 Abandonment—Cancellation of the reclamation permit.When the department determines that a surface mine has been abandoned, it may cancel the reclamation permit. The permit holder shall be informed of such actions by a department notification of illegal abandonment and cancellation of the reclamation permit.[ 1993 c 518 § 30.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.