reglab/housing_qa huggingface dataset:
WA Rev Code § 78.44.240 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.240 - Reclamation by the department—Order to submit performance security—Cost recovery.

RCW 78.44.240 Reclamation by the department—Order to submit performance security—Cost recovery.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.[ 1993 c 518 § 31.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.250 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.250 - Fines—Civil penalties—Damage recovery.

RCW 78.44.250 Fines—Civil penalties—Damage recovery.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.[ 1993 c 518 § 32.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.260 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.260 - Operating without permit—Penalty.

RCW 78.44.260 Operating without permit—Penalty.Any miner or permit holder conducting surface mining within the state of Washington without a valid reclamation permit shall be guilty of a gross misdemeanor. Surface mining outside of the permitted area shall constitute illegal mining without a valid reclamation permit. Each day of mining without a valid reclamation permit shall constitute a separate offense.[ 1993 c 518 § 34; 1970 ex.s. c 64 § 16. Formerly RCW 78.44.150.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.270 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.270 - Appeals—Standing.

RCW 78.44.270 Appeals—Standing. Department determinations under this chapter may be appealed to the pollution control hearings board as provided in RCW 43.21B.230. Only a person aggrieved within the meaning of RCW 34.05.530 has standing and can file an appeal.[ 2010 c 210 § 32; 1993 c 518 § 35; 1989 c 175 § 166; 1970 ex.s. c 64 § 18. Formerly RCW 78.44.170.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 78.44.280 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.280 - Underground operation—Surface disturbances subject to chapter.

RCW 78.44.280 Underground operation—Surface disturbances subject to chapter.Surface disturbances caused by an underground metals mining and milling operation are subject to the requirements of this chapter if the operation is proposed after June 30, 1999. An operation is proposed when an agency is presented with an application for an operation or expansion of an existing operation having a probable significant adverse environmental impact under chapter 43.21C RCW. The department of ecology shall retain authority for reclamation of surface disturbances caused by an underground operation operating at any time prior to June 30, 1999, unless the operator requests that authority for reclamation of surface disturbances caused by such operation be transferred to the department under the requirements of this chapter.[ 1999 c 252 § 2.]NOTES:Severability—1999 c 252: See note following RCW 78.44.031.
WA Rev Code § 78.44.300 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.300 - Reclamation awards—Recognition of excellence.

RCW 78.44.300 Reclamation awards—Recognition of excellence.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.[ 1993 c 518 § 37.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.310 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.310 - Reclamation consulting—No cost service.

RCW 78.44.310 Reclamation consulting—No cost service.The department shall establish a no-cost consulting service within the department to assist miners, permit holders, local government, and the public in technical matters related to mine regulation, mine operations, and reclamation. The department shall prepare concise, printed information for the public explaining surface mining activities, timelines for permits and reviews, laws, and the role of governmental agencies involved in surface mining, including how to contact all regulators. The department shall not be held liable for any negligent advice.[ 1997 c 184 § 1; 1993 c 518 § 38.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.320 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.320 - Definitions applicable to RCW 78.44.330.

RCW 78.44.320 Definitions applicable to RCW 78.44.330.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.[ 2003 c 335 § 1.]
WA Rev Code § 78.44.330 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.330 - Mineral trespass—Penalty.

RCW 78.44.330 Mineral trespass—Penalty.(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.[ 2003 c 335 § 2.]
WA Rev Code § 78.44.340 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.340 - Mineral trespass—Limitation on application.

RCW 78.44.340 Mineral trespass—Limitation on application.(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.[ 2003 c 335 § 3.]
WA Rev Code § 78.44.350 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.350 - Blanket performance security.

RCW 78.44.350 Blanket performance security.(1) A permit holder, in lieu of an individual performance security for each mining site, may file a blanket performance security with the department for their group of permits.(2) The department may reduce the required performance security calculated from its standard method prescribed in RCW 78.44.087, to an amount not to exceed the sum of reclamation security calculated by the department for the two surface mines with the largest performance security obligations, for nonmetal and nonfuel surface mines that meet the following conditions:(a) The permit holder has had a valid reclamation permit for more than ten years and can demonstrate exemplary mining and reclamation practices that have been accepted by the department;(b) The landowner agrees to allow the permit holder to hold a blanket security. The department must include, on forms to be signed by the landowner, notice of the risk of a lien on the landowner's lands; and(c) The permit holder can demonstrate substantial financial ability to perform the reclamation in the approved reclamation plan and permit.(3) Permit holders are not eligible for blanket securities if they are in violation of a final order of the department.(4) The department must consider the compliance history and the state of the existing surface mines of the permit holder before approving any blanket performance security.(5) Lands covered by a blanket performance security are subject to a lien placed by the department in the event of abandonment.(6) In lieu of the performance security required of the permit holder, the department may accept a similar security from the landowner, equal to the estimated cost of reclamation as determined by the department.[ 2006 c 341 § 4.]
WA Rev Code § 78.44.360 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.360 - Performance security insufficient to cover cost of reclamation—Lien established in favor of department.

RCW 78.44.360 Performance security insufficient to cover cost of reclamation—Lien established in favor of department.(1) To the extent a performance security is insufficient to cover the cost of reclamation performed by the department, a lien shall be established in favor of the department upon all of the permit holder's real and personal property.(2) The lien attaches upon the filing of a notice of claim of lien with the county clerk of the county in which the property is located. The notice of lien claim must contain a true statement of the demand, the insufficiency of the performance security to compensate the department, and the failure of the permit holder to perform the reclamation required.(3) The lien becomes effective when filed.(4) The lien created by this section may be foreclosed by a suit in the superior court in the manner provided by law for the foreclosure of other liens on real or personal property.[ 2006 c 341 § 5.]
WA Rev Code § 78.44.370 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.370 - Notice of correction.

RCW 78.44.370 Notice of correction.(1) The department may issue a notice of correction to the following: (a) Any permit holder, miner, or other person who authorizes, directs, violates, or who directly benefits by contracting with or employing another to violate this chapter, the rules adopted by the department, a 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 or valid reclamation permit or reclamation plan. The department's authority to issue or its issuance of a notice of correction does not limit the department's authority to pursue enforcement actions, except as stated in other laws.(2) The notice of correction must describe the items that need correction and must provide a reasonable time for the recipient to make corrections. The notice of correction must identify when, where, and to whom a request to extend the time to achieve compliance may be filed. The department may grant an extension when there is good cause for the request. This notice of correction is not an enforcement action and is not subject to administrative or judicial appeal.[ 2007 c 192 § 1.]
WA Rev Code § 78.44.380 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.380 - Stop work orders.

RCW 78.44.380 Stop work orders.(1) The department may issue an order to stop all surface mining to any permit holder, miner, or other person who authorizes, directs, or conducts such activities without a valid surface mine reclamation permit. This order is effective upon issuance unless otherwise stated in the order. Administrative appeal of the order to stop work does not stay the stop work requirement. The department shall notify the local jurisdiction of record when a stop work order has been issued for operating without a valid reclamation permit.(2) The department may issue an order to stop surface mining occurring outside of any permit area to a permit holder that does not have a legal right to occupy the affected area. This order is effective upon issuance unless otherwise stated in the order. An administrative appeal of the order to stop work does not stay the stop work requirement.(3) Where a permit holder is conducting surface mining activities outside of its permit boundary, but within land that it has the right to occupy, the department may issue an order to stop surface mining or mining-related activities occurring outside of the authorized area after the permit holder fails to comply with a notice of correction. The notice of correction must specify the corrections necessary as per the violation and provide a reasonable time to do so. This order is effective upon issuance unless otherwise stated in the order. An administrative appeal of the order to stop work does not stay the stop work requirement.(4) Stop work orders must be in writing, delivered by United States certified mail with return receipt requested, facsimile, or by hand to the permit holder of record. The order must state the facts supporting the violation, the law being violated, and the specific activities being stopped. Stop work orders must be signed by the state geologist or an assistant state geologist. The pollution control hearings board shall proceed as quickly as feasible to complete any requested adjudicative proceedings unless the parties stipulate to an appeal timeline or the department's stop work order states that it is not effective until after the administrative review process. If the recipient appeals the order, the recipient may file a motion for stay with the presiding officer, which will be reviewed under RCW 43.21B.320.[ 2010 c 210 § 33; 2007 c 192 § 3.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
WA Rev Code § 78.44.390 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.390 - Cancellation of a reclamation permit.

RCW 78.44.390 Cancellation of a reclamation permit.(1) In addition to the department's other authority to cancel a reclamation permit, a permit holder may seek cancellation of its reclamation permit in favor of a local development or construction permit. A permit holder may request cancellation of its reclamation permit and release of its performance security when:(a) The permit holder has received an approved development or construction permit covering all of the existing permit area from a local jurisdiction;(b) The local jurisdiction and the landowner agree with the permit holder's request to cancel the reclamation permit and to release the performance security; and(c) The local jurisdiction provides assurance in writing that the construction or development permit is being actively implemented by the permit holder.(2) The department is not responsible for overseeing a site's development or reclamation when a reclamation permit is canceled under this section.[ 2007 c 192 § 4.]
WA Rev Code § 78.44.910 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.910 - Previously mined land.

RCW 78.44.910 Previously mined land.Miners and permit holders shall not be required to reclaim any segment where all surface mining was completed prior to January 1, 1971. However, the department shall make an effort to reclaim previously abandoned or completed surface mining segments.[ 1993 c 518 § 36; 1970 ex.s. c 64 § 22.]NOTES:Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
WA Rev Code § 78.44.920 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.44 - Surface Mining.|78.44.920 - Effective date—1970 ex.s. c 64.

RCW 78.44.920 Effective date—1970 ex.s. c 64.This act shall become effective January 1, 1971.[ 1970 ex.s. c 64 § 23.]
WA Rev Code § 78.52.001 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.52 - Oil and Gas Conservation.|78.52.001 - Declaration of purpose.

RCW 78.52.001 Declaration of purpose.It is hereby declared to be in the public interest to foster, encourage, and promote the exploration, development, production, and utilization of oil and gas in the state in such manner as will prevent waste; to authorize and to provide for the operation and development of oil and gas properties in such manner as to assure that the maximum economic recovery of oil and gas may be obtained and the rights of owners thereof fully protected; to conduct such oil and gas operations in a manner that will maintain a safe and healthful environment for the people of Washington and protect the state's natural resources; and to encourage, authorize, and provide for cycling, recycling, pressure maintenance and secondary recovery operations in order that the maximum economic recovery of oil and gas may be obtained to the end that landowners, royalty owners, producers, and the general public may realize and enjoy the greatest possible benefits from these vital resources.[ 1983 c 253 § 1; 1951 c 146 § 1.]
WA Rev Code § 78.52.025 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.52 - Oil and Gas Conservation.|78.52.025 - Hearings and meetings of department.

RCW 78.52.025 Hearings and meetings of department.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.[ 1994 sp.s. c 9 § 810; 1983 c 253 § 3; 1951 c 146 § 5. Formerly RCW 78.52.060.]NOTES:Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
WA Rev Code § 78.52.030 (2021)
2021 Revised Code of Washington|Title 78 - Mines, Minerals, and Petroleum|Chapter 78.52 - Oil and Gas Conservation.|78.52.030 - Employment of personnel.

RCW 78.52.030 Employment of personnel.The department shall employ all personnel necessary to carry out the provisions of this chapter.[ 1994 sp.s. c 9 § 811; 1951 c 146 § 6.]NOTES:Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.