reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.300 - Limitation of gas production from one pool.

RCW 78.52.300
Limitation of gas production from one pool.
Whenever the total amount of gas which may be currently produced from all of the pools in this state has not been limited as hereinabove provided, and the available production from any one pool containing gas only is in excess of the reasonable market demand or available transportation facilities for gas from such pool, the department shall limit the production of gas from such pool to that amount which does not exceed the reasonable market demand or transportation facilities for gas from such pool.
[ 1994 sp.s. c 9 § 839; 1951 c 146 § 32.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.310 - Proration of allowable production in pool—Publication of orders—Emergency orders.

RCW 78.52.310
Proration of allowable production in pool—Publication of orders—Emergency orders.
Whenever the department limits the total amount of oil or gas which may be produced from any pool to an amount less than that which the pool could produce if no restrictions were imposed (whether incidental to, or without, a limitation of the total amount of oil which may be produced in the state) the department shall prorate the allowable production for the pool among the producers in the pool on a reasonable basis, so that each producer will have opportunity to produce or receive his or her just and equitable share, subject to the reasonable necessities for the prevention of waste, giving where reasonable, under the circumstances, to each pool with small wells of settled production, allowable production which prevents the premature abandonment of wells in the pool.
All orders establishing the "oil allowable" and "gas allowable" for this state, and all orders prorating such allowables as herein provided, and any changes thereof, for any month or period shall be issued by the department on or before the fifteenth day of the month preceding the month for which such orders are to be effective, and such orders shall be immediately published in some newspaper of general circulation printed in Olympia, Washington. No orders establishing such allowables, or prorating such allowables, or any changes thereof, shall be issued without first having a hearing, after notice, as provided in this chapter: PROVIDED, HOWEVER, When in the judgment of the department, an emergency requiring immediate action is found to exist, the department may issue an emergency order under this section which shall have the same effect and validity as if a hearing with respect to the same had been held after due notice. The emergency order permitted by this section shall remain in force no longer than thirty days, and in any event it shall expire when the order made after due notice and hearing with respect to the subject matter of the emergency order becomes effective.
[ 1994 sp.s. c 9 § 840; 1951 c 146 § 33.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.320 - Compliance with limitation or proration required.

RCW 78.52.320
Compliance with limitation or proration required.
Whenever the production of oil or gas in this state or any pool therein is limited and the "oil allowable" or "gas allowable" is established and prorated by the department as provided in RCW 78.52.310, no person shall thereafter produce from any well, pool, lease, or property more than the production which is prorated thereto.
[ 1994 sp.s. c 9 § 841; 1951 c 146 § 34.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.330 - Unit operation of separately owned tracts.

RCW 78.52.330
Unit operation of separately owned tracts.
To assist in the development of oil and gas in this state and to further the purposes of this chapter, the persons owning interests in separate tracts of land, may validly agree to integrate their interests and manage, operate, and develop their land as a unit, subject to the approval of the department.
[ 1994 sp.s. c 9 § 842; 1951 c 146 § 35.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.345 - Ratable purchase of oil from owners or operators of pool required.

RCW 78.52.345
Ratable purchase of oil from owners or operators of pool required.
Each person now or hereafter purchasing or taking for transportation oil from any owner or producer shall purchase or take ratably without discrimination in favor of any owner or operator over any other owner or producer in the same pool offering to sell his or her oil produced therefrom to that person. If the person purchasing or taking for transportation oil does not have need for all such oil lawfully produced within a pool, or if for any reason is unable to purchase all of the oil, then it shall purchase from each operator in a pool ratably, taking and purchasing the same quantity of oil from each well to the extent that each well is capable of producing its ratable portion without waste. Nothing in this section may be construed to require any owner or operator to sell his or her product to only one purchaser or to require more than one pipeline connection for each producing well. If any such purchaser or person taking oil for transportation is likewise an operator or owner, the purchaser or person is prohibited from discriminating in favor of his or her own production, or production in which he or she may be interested, and his or her own production shall be treated as that of any other operator or owner.
[ 1983 c 253 § 24.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.355 - Ratable purchase of gas from owners or operators of pool required.

RCW 78.52.355
Ratable purchase of gas from owners or operators of pool required.
Each person now or hereafter purchasing or taking for transportation gas produced from gas wells or from oil wells from any owner or operator shall purchase or take ratably without discrimination in favor of any owner or operator, over any other owner or operator in a pool. The person shall not discriminate in the quantities purchased, the basis of measurement, or the gas transportation facilities afforded for gas of like quantity, quality, and pressure available from such wells. For the purpose of this section and RCW 78.52.345, reasonable differences in quantity taken or facilities afforded do not constitute unreasonable discrimination if the differences bear a fair relationship to differences in quality, quantity, or pressure of the gas available or the acreage attributable to the well, market requirements, or to the relative lengths of time during which the gas will be available to the purchaser. If the purchaser or person taking gas for transportation is likewise an operator or owner, the purchaser or person is prohibited from discriminating in favor of quantities taken or facilities in which he or she may be interested, and his or her own production shall be treated as that of any other operator or owner producing from gas wells in the same pool.
[ 1983 c 253 § 25.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.365 - Enforcement of RCW 78.52.345 and 78.52.355.

RCW 78.52.365
Enforcement of RCW 78.52.345 and 78.52.355.
The department may administer and enforce RCW 78.52.345 and 78.52.355 in accordance with the procedures in this chapter for its enforcement and with the rules and orders of the department.
[ 1994 sp.s. c 9 § 844; 1983 c 253 § 26.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.450 - Participation of public lands in unit plan.

RCW 78.52.450
Participation of public lands in unit plan.
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.
[ 1951 c 146 § 48.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.460 - Unit plan not deemed monopolistic.

RCW 78.52.460
Unit plan not deemed monopolistic.
No plan for the operation of a field or pool of oil or gas as a unit, either whole or in part, created or approved by the department under this chapter may be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations, or conspiracies in restraint of trade or commerce.
[ 1994 sp.s. c 9 § 845; 1951 c 146 § 49.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.463 - Suspension of operations for violation—Notice—Order—Hearing—Stay of order.

RCW 78.52.463
Suspension of operations for violation—Notice—Order—Hearing—Stay of order.
(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.
[ 1994 sp.s. c 9 § 846; 1989 c 175 § 167; 1983 c 253 § 29.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.470 - Objections to order—Hearing required—Modification of order.

RCW 78.52.470
Objections to order—Hearing required—Modification of order.
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.
[ 1994 sp.s. c 9 § 848; 1989 c 175 § 168; 1983 c 253 § 27; 1951 c 146 § 50.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.480 - Appeal from order or decision—Rights of department.

RCW 78.52.480
Appeal from order or decision—Rights of department.
In proceedings for review of an order or decision of the department, the department shall be a party to the proceedings and shall have all rights and privileges granted by this chapter to any other party to such proceedings.
[ 1994 sp.s. c 9 § 849; 1983 c 253 § 28; 1951 c 146 § 51.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.490 - Appeal—How taken.

RCW 78.52.490
Appeal—How taken.
Within thirty days after the application for a hearing is denied, or if the application is granted, then within thirty days after the rendition of the decision on the hearing, the applicant may apply to the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of petitioner's residence or place of business, or (c) in any county where the property or property rights owned by the petitioner is located for a review of such rule, regulation, order, or decision. The application for review shall be filed in the office of the clerk of the superior court of Thurston county and shall specifically state the grounds for review upon which the applicant relies and shall designate the rule, regulation, order, or decision sought to be reviewed. The applicant shall immediately serve a certified copy of said application upon the commissioner of public lands who shall immediately notify all parties who appeared in the proceedings before the department that such application for review has been filed. In the event the court determines the review is solely for the purpose of determining the validity of a rule or regulation of general applicability the court shall transfer venue to Thurston county for a review of such rule or regulation in the manner provided for in RCW 34.05.570.
[ 1994 sp.s. c 9 § 850; 1983 c 253 § 32; 1951 c 146 § 52.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.530 - Violations—Injunctions.

RCW 78.52.530
Violations—Injunctions.
Whenever it shall appear that any person is violating any provisions of this chapter, or any rule, regulation, or order made by the department under this chapter, and if the department cannot, without litigation, effectively prevent further violation, the department may bring suit in the name of the state against such person in the superior court in the county of the residence of the defendant, or in the county of the residence of any defendant if there be more than one defendant, or in the county where the violation is alleged to have occurred, to restrain such person from continuing such violation. In such suit the department may without bond obtain injunctions prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, as the facts may warrant.
[ 1994 sp.s. c 9 § 851; 1951 c 146 § 56.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.540 - Violations—Injunctions by private party.

RCW 78.52.540
Violations—Injunctions by private party.
If the department fails to bring suit within thirty days to enjoin any apparent violation of this chapter, or of any rule, regulation, or order made by the department under this chapter, then any person or party in interest adversely affected by such violation, who has requested the department in writing to sue, may, to prevent any or further violation, bring suit for that purpose in the superior court of any county where the department could have instituted such suit. If, in such suit, the court should hold that injunctive relief should be granted, then the state shall be made a party and shall be substituted for the person who brought the suit, and the injunction shall be issued as if the state had at all times been the complainant.
[ 1994 sp.s. c 9 § 852; 1951 c 146 § 57.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.550 - Violations—Penalty.

RCW 78.52.550
Violations—Penalty.
Every person who shall violate or knowingly aid and abet the violation of this chapter or any valid orders, rules, and regulations issued thereunder, or who fails to perform any act which is herein made his or her duty to perform, shall be guilty of a gross misdemeanor.
[ 2013 c 23 § 253; 1951 c 146 § 58.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.560 - Hydraulic fracturing—Prohibited for the exploration and production of oil and natural gas.

RCW 78.52.560
Hydraulic fracturing—Prohibited for the exploration and production of oil and natural gas.
(1) The use of hydraulic fracturing in the exploration for, and production of, oil and natural gas is prohibited. This section does not prohibit the use of hydraulic fracturing for other purposes.
(2) For the purposes of this section, "hydraulic fracturing" means the process of pumping a fluid into or under the surface of the ground in order to create fractures in rock for the purpose of the production or recovery of oil or natural gas.
[ 2019 c 294 § 1.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.910 - Construction—1951 c 146.

RCW 78.52.910
Construction—1951 c 146.
It is intended that the provisions of this chapter shall be liberally construed to accomplish the purposes authorized and provided for, or intended to be provided for by this chapter.
[ 1951 c 146 § 59.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.920 - Severability—1951 c 146.

RCW 78.52.920
Severability—1951 c 146.
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.
[ 1951 c 146 § 60.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.010 - Intent.

RCW 78.56.010
Intent.
It is in the best interests of the citizens of the state of Washington to insure the highest degree of environmental protection while allowing the proper development and use of its natural resources, including its mineral resources. Metals mining can have significant positive and adverse impacts on the state and on local communities. The purpose of this chapter is to assure that metals mineral mining or milling operations are designed, constructed, and operated in a manner that promotes both economic opportunities and environmental and public health safeguards for the citizens of the state. It is the intent of the legislature to create a regulatory framework which yields, to the greatest extent possible, a metals mining industry that is compatible with these policies.
[ 1994 c 232 § 1.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.020 - Definitions.

RCW 78.56.020
Definitions.
The definitions set forth in this section apply throughout this chapter.
(1) "Metals mining and milling operation" means a mining operation extracting from the earth precious or base metal ore and processing the ore by treatment or concentration in a milling facility. It also refers to an expansion of an existing operation or any new metals mining operation if the expansion or new mining operation is likely to result in a significant, adverse environmental impact pursuant to the provisions of chapter 43.21C RCW. The extraction of dolomite, sand, gravel, aggregate, limestone, magnesite, silica rock, and zeolite or other nonmetallic minerals; and placer mining; and the smelting of aluminum are not metals mining and milling operations regulated under this chapter.
(2) "Milling" means the process of grinding or crushing ore and extracting the base or precious metal by chemical solution, electro winning, or flotation processes.
(3) "Heap leach extraction process" means the process of extracting base or precious metal ore by percolating solutions through ore in an open system and includes reprocessing of previously milled ore. The heap leach extraction process does not include leaching in a vat or tank.
(4) "In situ extraction" means the process of dissolving base or precious metals from their natural place in the geological setting and retrieving the solutions from which metals can be recovered.
(5) "Regulated substances" means any materials regulated under a waste discharge permit pursuant to the requirements of chapter 90.48 RCW and/or a permit issued pursuant to chapter 70A.15 RCW.
(6) "To mitigate" means: (a) To avoid the adverse impact altogether by not taking a certain action or parts of an action; (b) to minimize adverse impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; (c) to rectify adverse impacts by repairing, rehabilitating, or restoring the affected environment; (d) to reduce or eliminate adverse impacts over time by preservation and maintenance operations during the life of the action; (e) to compensate for the impact by replacing, enhancing, or providing substitute resources or environments; or (f) to monitor the adverse impact and take appropriate corrective measures.
[ 2021 c 65 § 84; 1994 c 232 § 2.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.030 - Operations subject to this chapter and other requirements.

RCW 78.56.030
Operations subject to this chapter and other requirements.
Metals mining and milling operations are subject to the requirements of this chapter in addition to the requirements established in other statutes and rules.
[ 1994 c 232 § 3.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.040 - Disclosures required with state environmental policy act checklist—Public inspection of information.

RCW 78.56.040
Disclosures required with state environmental policy act checklist—Public inspection of information.
The department of ecology shall require each applicant submitting a checklist pursuant to chapter 43.21C RCW for a metals mining and milling operation to disclose the ownership and each controlling interest in the proposed operation. The applicant shall also disclose all other mining operations within the United States which the applicant operates or in which the applicant has an ownership or controlling interest. In addition, the applicant shall disclose and may enumerate and describe the circumstances of: (1) Any past or present bankruptcies involving the ownerships and their subsidiaries, (2) any abandonment of sites regulated by the model toxics control act, chapter 70A.305 RCW, or other similar state remedial cleanup programs, or the federal comprehensive environmental response, compensation, and liability act, 42 U.S.C. Sec. 9601 et seq., as amended, (3) any penalties in excess of ten thousand dollars assessed for violations of the provisions of 33 U.S.C. Sec. 1251 et seq. or 42 U.S.C. Sec. 7401 et seq., and (4) any previous forfeitures of financial assurance due to noncompliance with reclamation or remediation requirements. This information shall be available for public inspection and copying at the department of ecology. Ownership or control of less than ten percent of the stock of a corporation shall not by itself constitute ownership or a controlling interest under this section.
[ 2021 c 65 § 85; 1994 c 232 § 4.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.050 - Environmental impact statement required—Mitigation measures to be part of permit requirements—Department of ecology to cooperate with affected local governments.

RCW 78.56.050
Environmental impact statement required—Mitigation measures to be part of permit requirements—Department of ecology to cooperate with affected local governments.
(1) An environmental impact statement must be prepared for any proposed metals mining and milling operation. The department of ecology shall be the lead agency in coordinating the environmental review process under chapter 43.21C RCW and in preparing the environmental impact statement, except for uranium and thorium operations regulated under Title 70 RCW.
(2) As part of the environmental review of metals mining and milling operations regulated under this chapter, the applicant shall provide baseline data adequate to document the premining conditions at the proposed site of the metals mining and milling operation. The baseline data shall contain information on the elements of the natural environment identified in rules adopted pursuant to chapter 43.21C RCW.
(3) The department of ecology, after consultation with the department of fish and wildlife, shall incorporate measures to mitigate significant probable adverse impacts to fish and wildlife as part of the department of ecology's permit requirements for the proposed operation.
(4) In conducting the environmental review and preparing the environmental impact statement, the department of ecology shall cooperate with all affected local governments to the fullest extent practicable.
[ 1994 c 232 § 5.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.060 - Metals mining coordinator to be appointed—Duties.

RCW 78.56.060
Metals mining coordinator to be appointed—Duties.
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.
[ 1994 c 232 § 6.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.070 - Quarterly inspections by responsible state agencies required—Cross-training and coordination of inspections encouraged.

RCW 78.56.070
Quarterly inspections by responsible state agencies required—Cross-training and coordination of inspections encouraged.
(1) State agencies with the responsibility for inspecting metals mining and milling operations regulated under this chapter shall conduct such inspections at least quarterly: PROVIDED, That the inspections are not prevented by inclement weather conditions.
(2) The legislature encourages state agencies with inspection responsibilities for metals mining and milling operations regulated under this chapter to explore opportunities for cross-training of inspectors among state agencies and programs. This cross-training would be for the purpose of meeting the inspection responsibilities of these agencies in a more efficient and cost-effective manner. If doing so would be more efficient and cost-effective, state agency inspectors are also encouraged to coordinate inspections with federal and local government inspectors as well as with one another.
[ 1994 c 232 § 7.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 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.

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.
(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.
[ 2012 c 198 § 15; 1997 c 170 § 1; 1994 c 232 § 8.]
NOTES:
Effective date—2012 c 198: See note following RCW 70A.15.5110.
Effective date—1997 c 170: "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 takes effect July 1, 1997." [ 1997 c 170 § 2.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.120 - Remediation or mitigation by department of ecology—Order to submit performance security.

RCW 78.56.120
Remediation or mitigation by department of ecology—Order to submit performance security.
The department of ecology may, with staff, equipment, and material under its control, or by contract with others, remediate or mitigate any impact of a metals mining and milling operation when it finds that the operator or permit holder has failed to comply with relevant statutes, rules, or permits, and the operator or permit holder has failed to take adequate or timely action to rectify these impacts.
If the department intends to remediate or mitigate such impacts, 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 78.56.110. 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 to remediate or mitigate adverse impacts.
The department shall keep a record of all expenses incurred in carrying out any remediation or mitigation activities authorized under this section, including:
(1) Remediation or mitigation;
(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 remediation or mitigation.
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 of ecology, 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.
[ 1995 c 223 § 2; 1994 c 232 § 12.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.150 - Application of requirements to milling facilities not adjacent to mining operation.

RCW 78.56.150
Application of requirements to milling facilities not adjacent to mining operation.
A milling facility which is not adjacent to or in the vicinity of the metals mining operation producing the ore to be milled and which processes precious or base metal ore by treatment or concentration is subject to the provisions of RCW 78.56.010 through 78.56.090, 78.56.100(1) (a), (c), and (d), 78.56.110 through 78.56.140, 70A.15.4520, and 70A.300.470 and chapters 70A.15, 70A.300, 90.03, and 90.48 RCW and all other applicable laws. The smelting of aluminum does not constitute a metals milling operation under this section.
[ 2021 c 65 § 87; 1994 c 232 § 15.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.160 - Moratorium on use of heap leach extraction process—Joint review by department of ecology and department of natural resources—Permanent prohibition of in situ extraction.

RCW 78.56.160
Moratorium on use of heap leach extraction process—Joint review by department of ecology and department of natural resources—Permanent prohibition of in situ extraction.
(1) Until June 30, 1996, there shall be a moratorium on metals mining and milling operations using the heap leach extraction process. The department of natural resources and the department of ecology shall jointly review the existing laws and regulations pertaining to the heap leach extraction process for their adequacy in safeguarding the environment.
(2) Metals mining using the process of in situ extraction is permanently prohibited in the state of Washington.
[ 1998 c 245 § 161; 1994 c 232 § 16.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.901 - Effective date—1994 c 232 §§ 1-5, 9-17, and 23-29.

RCW 78.56.901
Effective date—1994 c 232 §§ 1-5, 9-17, and 23-29.
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].
[ 1994 c 232 § 30.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.56 - Metals Mining and Milling Operations. › 78.56.902 - Effective date—1994 c 232 §§ 6-8 and 18-22.

RCW 78.56.902
Effective date—1994 c 232 §§ 6-8 and 18-22.
Sections 6 through 8 and 18 through 22 of this act shall take effect July 1, 1995.
[ 1994 c 232 § 31.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.60 - Geothermal Resources. › 78.60.010 - Legislative declaration.

RCW 78.60.010
Legislative declaration.
The public has a direct interest in the safe, orderly, and nearly pollution-free development of the geothermal resources of the state, as defined in RCW 78.60.030. The legislature hereby declares that it is in the best interests of the state to further the development of geothermal resources for the benefit of all of the citizens of the state while at the same time fully providing for the protection of the environment. The development of geothermal resources shall be so conducted as to protect the rights of landowners, other owners of interests therein, and the general public. In providing for such development, it is the purpose of this chapter to provide for the orderly exploration, safe drilling, production, and proper abandonment of geothermal resources in the state of Washington.
[ 2017 c 259 § 1; 1974 ex.s. c 43 § 1. Formerly RCW 79.76.010.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.60 - Geothermal Resources. › 78.60.020 - Short title.

RCW 78.60.020
Short title.
This chapter shall be known as the Geothermal Resources Act.
[ 1974 ex.s. c 43 § 2. Formerly RCW 79.76.020.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.60 - Geothermal Resources. › 78.60.040 - Geothermal resources deemed sui generis.

RCW 78.60.040
Geothermal resources deemed sui generis.
Notwithstanding any other provision of law, geothermal resources are found and hereby determined to be sui generis, being neither a mineral resource nor a water resource and as such are declared to be the private property of the holder of the title to the surface land above the resource, unless the geothermal resources have been otherwise reserved by or conveyed to another person or entity. Nothing in this section divests the people of the state of any rights, title, or interest in geothermal resources owned by the state.
[ 2013 c 274 § 3; 1979 ex.s. c 2 § 1; 1974 ex.s. c 43 § 4. Formerly RCW 79.76.040.]
NOTES:
Findings—Intent—2013 c 274: See note following RCW 78.60.030.
Severability—1979 ex.s. c 2: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 2 § 2.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.60 - Geothermal Resources. › 78.60.050 - Administration of chapter.

RCW 78.60.050
Administration of chapter.
(1) The department shall administer and enforce the provisions of this chapter and the rules, regulations, and orders relating to the drilling, operation, maintenance, abandonment and restoration of geothermal areas, to prevent damage to and waste from underground geothermal deposits, and to prevent damage to underground and surface waters, land or air that may result from improper drilling, operation, maintenance or abandonment of geothermal resource wells.
(2) In order to implement the terms and provisions of this chapter, the department under the provisions of chapter 34.05 RCW, as now or hereafter amended, may from time to time promulgate those rules and regulations necessary to carry out the purposes of this chapter, including but not restricted to defining geothermal areas; establishing security requirements, which may include bonding; providing for liens against production; providing for casing and safety device requirements; providing for site restoration plans to be completed prior to abandonment; and providing for abandonment requirements.
[ 1974 ex.s. c 43 § 5. Formerly RCW 79.76.050.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.60 - Geothermal Resources. › 78.60.060 - Scope of chapter.

RCW 78.60.060
Scope of chapter.
(1) This chapter is intended to preempt local regulation of the drilling and operation of wells for geothermal resources but shall not be construed to permit the locating of any well or drilling when such well or drilling is prohibited under state or local land use law or regulations promulgated thereunder. Geothermal resources, by-products, or waste products which have escaped or been released from the energy transfer system or a mineral recovery process shall be subject to provisions of state law relating to the pollution of ground or surface waters (Title 90 RCW), provisions of the state fisheries law and the state game laws (Title 77 RCW), and any other state environmental pollution control laws.
(2) Authorization for a consumptive or nonconsumptive use of water associated with a geothermal well, for purposes including but not limited to power production, greenhouse heating, warm water fish propagation, space heating plants, irrigation, swimming pools, and hot springs baths, shall be subject to the appropriation procedure as provided in Title 90 RCW, except for the following:
(a) Water that is removed from an aquifer or geothermal reservoir to develop and obtain geothermal resources if the water is returned to or reinjected into the same aquifer or reservoir; or
(b) The reasonable loss of water:
(i) During a test of a geothermal well; or
(ii) From the temporary failure of all or part of a system that removes water from an aquifer or geothermal reservoir, transfers the heat from that water, and reinjects that water into the same aquifer or reservoir.
(3) The department and the department of ecology shall cooperate to avoid duplication and to promote efficiency in issuing permits and other approvals for these uses.
(4) Nothing in chapter 274, Laws of 2013 shall affect or operate to impair any existing water rights.
[ 2013 c 274 § 4; 2003 c 39 § 40; 1974 ex.s. c 43 § 6. Formerly RCW 79.76.060.]
NOTES:
Findings—Intent—2013 c 274: See note following RCW 78.60.030.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.60 - Geothermal Resources. › 78.60.070 - Drilling permits—Applications—Hearing—Fees.

RCW 78.60.070
Drilling permits—Applications—Hearing—Fees.
(1) Any person proposing to drill a well or redrill an abandoned well for geothermal resources shall file with the department a written application for a permit to commence such drilling or redrilling on a form prescribed by the department accompanied by a permit fee of two hundred dollars. The department shall forward a duplicate copy to the department of ecology within ten days of filing.
(2) Upon receipt of a proper application relating to drilling or redrilling the department shall set a date, time, and place for a public hearing on the application. The public hearing on the drilling application shall be in the county in which the drilling or redrilling is proposed to be made.
(3) Any person proposing to drill a core hole for the purpose of gathering geothermal data, including but not restricted to heat flow, temperature gradients, and rock conductivity, shall be required to obtain a single permit covering all core holes according to subsection (1) of this section, including a single permit fee. Such core holes as described by this subsection are not required to be the subject of a public hearing but are subject to all other provisions of this chapter, including a bond or other security as specified in RCW 78.60.130.
(4) All moneys paid to the department under this section shall be deposited with the state treasurer for credit to the general fund.
[ 2017 c 259 § 2; 2007 c 338 § 1; 1974 ex.s. c 43 § 7. Formerly RCW 79.76.070.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.60 - Geothermal Resources. › 78.60.080 - Drilling permits—Criteria for granting.

RCW 78.60.080
Drilling permits—Criteria for granting.
A permit shall be granted only if the department is satisfied that the area is suitable for the activities applied for; that the applicant will be able to comply with the provisions of this chapter and the rules and regulations enacted hereunder; and that a permit would be in the best interests of the state.
The department shall not allow operation of a well under permit if it finds that the operation of any well will unreasonably decrease groundwater available for prior water rights in any aquifer or other groundwater source for water for beneficial uses, unless such affected water rights are acquired by condemnation, purchase or other means.
The department shall have the authority to condition the permit as it deems necessary to carry out the provisions of this chapter, including but not limited to conditions to reduce any environmental impact.
The department shall forward a copy of the permit to the department of ecology within five days of issuance.
[ 1974 ex.s. c 43 § 8. Formerly RCW 79.76.080.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.60 - Geothermal Resources. › 78.60.090 - Casing requirements.

RCW 78.60.090
Casing requirements.
Any operator engaged in drilling or operating a well for geothermal resources shall equip such well with casing of sufficient strength and with such safety devices as may be necessary, in accordance with methods approved by the department.
No person shall remove a casing, or any portion thereof, from any well without prior approval of the department.
[ 1974 ex.s. c 43 § 9. Formerly RCW 79.76.090.]