reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.16 - Mineral and Petroleum Leases on County Lands. › 78.16.070 - Damages to owner.

RCW 78.16.070
Damages to owner.
In the event said lease shall be for reserved mineral rights on lands previously sold by said county with mineral rights reserved, as provided in RCW 36.34.010, said lease shall contain a provision that no rights shall be exercised under said lease by the lessee, his or her heirs, executors, administrators, successors, or assigns, until provision has been made by the lessee, his or her heirs, executors, administrators, successors, or assigns to pay to the owner of the land upon which the rights reserved to the county are sought to be exercised, full payment for all damages to said owner by reason of entering upon said land; said rights to be determined as provided for in RCW 36.34.010: PROVIDED, HOWEVER, That in the event of litigation to determine such damage, the primary term of such lease shall be extended for a period equal to the time required for such litigation, but not to exceed three years.
[ 2000 c 11 § 20; 1945 c 93 § 5; Rem. Supp. 1945 § 11314-4.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.22 - Extinguishment of Unused Mineral Rights. › 78.22.010 - Extinguishment of unused mineral rights authorized.

RCW 78.22.010
Extinguishment of unused mineral rights authorized.
Any mineral interest, if unused for a period of twenty years, may be extinguished by the surface owner as set forth in RCW 78.22.050 and 78.22.060.
[ 1984 c 252 § 1.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.22 - Extinguishment of Unused Mineral Rights. › 78.22.020 - "Mineral interest" defined.

RCW 78.22.020
"Mineral interest" defined.
A mineral interest means the interest which is created by an instrument transferring, either by grant, assignment, or reservation, or otherwise an interest, of any kind, in any subsurface mineral.
[ 1984 c 252 § 2.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.22 - Extinguishment of Unused Mineral Rights. › 78.22.030 - Acts constituting use of mineral interest.

RCW 78.22.030
Acts constituting use of mineral interest.
A mineral interest is used if:
(1) Any minerals produced have been in connection with the mineral interest;
(2) Operations for injection, withdrawal, storage or disposal of water, gas, or other fluid substances have been conducted in connection with the mineral interest;
(3) Rents or royalties have been paid for the purpose of delaying or enjoying the use or exercise of the mineral interest;
(4) The use or the exercise of the mineral interest has been carried out on any tract with which the mineral interest may be unitized or pooled for production purposes;
(5) In the case of coal or other solid minerals, minerals have been produced from a common vein or seam;
(6) Taxes have been paid on such mineral interest;
(7) Any use pursuant to or authorized by the instrument creating such mineral interest has been taken;
(8) A sale, lease, mortgage, or other transfer of the mineral interest has been recorded in the county auditor's office in the county in which the land affected by the mineral interest is located prior to the end of the twenty-year period set forth in RCW 78.22.010 or within two years after June 7, 1984, whichever is later; or
(9) A statement of claim has been filed by the owner of the mineral interest in the manner set forth in RCW 78.22.040 or 78.22.060.
[ 1984 c 252 § 3.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.22 - Extinguishment of Unused Mineral Rights. › 78.22.040 - Statement of claim—Contents—Fees—Filing.

RCW 78.22.040
Statement of claim—Contents—Fees—Filing.
The statement of claim referred to in RCW 78.22.030(9) shall be filed by the current owner of the mineral interest prior to the end of the twenty-year period set forth in RCW 78.22.010 or within two years after June 7, 1984, whichever is later. The statement of claim shall contain the name and address of the current owner of such interest, and the name of the original holder of the mineral interest substantially as that name is shown on the instrument that originally created the mineral interest and shall be accompanied by payment of the fees provided in RCW 36.18.010.
The statement of claim shall be filed in the county auditor's office in the county in which such land affected by the mineral interest is located.
[ 1984 c 252 § 4.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.22 - Extinguishment of Unused Mineral Rights. › 78.22.060 - Presumption of extinguishment—Conditions—Statement of claim—Filing, recording, indexing.

RCW 78.22.060
Presumption of extinguishment—Conditions—Statement of claim—Filing, recording, indexing.
Upon payment of fees provided in RCW 36.18.010, and if the surface owner files the claim of abandonment and extinguishment, together with a copy of the notice and the affidavit of publication, as required in RCW 78.22.050, in the county auditor's office for the county where such interest is located then the mineral interest shall be conclusively presumed to be extinguished.
If a statement of claim of mineral interest is filed by the current mineral interest owner within the sixty-day period provided in RCW 78.22.050, together with payment of fees provided in RCW 36.18.010, the county auditor shall record, index, and make special notation in the index of the filing.
[ 1984 c 252 § 6.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.22 - Extinguishment of Unused Mineral Rights. › 78.22.070 - Statement of claim—Notice and affidavit of publication—Auditor's duties.

RCW 78.22.070
Statement of claim—Notice and affidavit of publication—Auditor's duties.
Upon receipt, the county auditor shall record a statement of claim or a notice and affidavit of publication in the dormant mineral interest index. When possible, the auditor shall also indicate by marginal notation on the instrument originally creating the mineral interest the recording of the statement of claim or notice and affidavit of publication. The county auditor shall record a statement of claim by cross-referencing in the dormant mineral interest index the name of the current owner of the mineral interest and the name of the original holder of the mineral interest as set out in the statement of claim.
[ 1984 c 252 § 7.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.22 - Extinguishment of Unused Mineral Rights. › 78.22.080 - Exemptions from claim of abandonment and extinguishment.

RCW 78.22.080
Exemptions from claim of abandonment and extinguishment.
Mineral interests retained or owned by any public entity or mineral interests resulting from land exchanges between public and private owners shall not be subject to a claim of abandonment and extinguishment.
[ 1984 c 252 § 8.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.22 - Extinguishment of Unused Mineral Rights. › 78.22.090 - Waiver prohibited.

RCW 78.22.090
Waiver prohibited.
The provisions of this chapter may not be waived at any time prior to the expiration of the twenty-year period under RCW 78.22.010.
[ 1984 c 252 § 9.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.010 - Legislative finding.

RCW 78.44.010
Legislative finding.
The legislature recognizes that the extraction of minerals by surface mining is an essential activity making an important contribution to the economic well-being of the state and nation. It is not possible to extract minerals without producing some environmental impacts. At the same time, comprehensive regulation of mining and thorough reclamation of mined lands is necessary to prevent or mitigate conditions that would be detrimental to the environment and to protect the general welfare, health, safety, and property rights of the citizens of the state. Surface mining takes place in diverse areas where the geologic, topographic, climatic, biologic, and social conditions are significantly different, and reclamation specifications must vary accordingly. Therefore, the legislature finds that a balance between appropriate environmental regulation and the production and conservation of minerals is in the best interests of the citizens of the state.
[ 1993 c 518 § 2; 1970 ex.s. c 64 § 2.]
NOTES:
Captions—1993 c 518: "Captions used in this act do not constitute any part of the law." [ 1993 c 518 § 41.]
Severability—1993 c 518: "If any provision of this 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." [ 1993 c 518 § 43.]
Effective date—1993 c 518: "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 shall take effect July 1, 1993." [ 1993 c 518 § 44.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.011 - Intent.

RCW 78.44.011
Intent.
The legislature recognizes that the extraction of minerals through surface mining has historically included regulatory involvement by both state and local governments.
It is the intent of the legislature to clarify that surface mining is an appropriate land use, subject to reclamation authority exercised by the department of natural resources and land use and operation regulatory authority by counties, cities, and towns.
[ 1993 c 518 § 1.]
NOTES:
Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.020 - Purposes.

RCW 78.44.020
Purposes.
The purposes of this chapter are to:
(1) Provide that the usefulness, productivity, and scenic values of all lands and waters involved in surface mining within the state will receive the greatest practical degree of protection and reclamation at the earliest opportunity following completion of surface mining;
(2) Provide for the greatest practical degree of statewide consistency in the regulation of surface mines;
(3) Apportion regulatory authority between state and local governments in order to minimize redundant regulation of mining; and
(4) Ensure that reclamation is consistent with local land use plans.
[ 2000 c 11 § 21; 1993 c 518 § 3; 1970 ex.s. c 64 § 3.]
NOTES:
Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.040 - Administration of chapter—Rule-making authority.

RCW 78.44.040
Administration of chapter—Rule-making authority.
The department of natural resources is charged with the administration of reclamation under this chapter. In order to implement and enforce this chapter, the department, under the administrative procedure act (chapter 34.05 RCW), may from time to time adopt those rules necessary to carry out the purposes of this chapter.
[ 1993 c 518 § 6; 1984 c 215 § 2; 1970 ex.s. c 64 § 5.]
NOTES:
Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.045 - Surface mining reclamation account.

RCW 78.44.045
Surface mining reclamation account.
(1) The surface mining reclamation account is created in the state treasury. Annual mining fees, funds received by the department from state, local, or federal agencies for research purposes, as well as other mine-related funds and fines received by the department shall be deposited into this account. Except as otherwise provided in this section, the surface mine [mining] reclamation account may be used by the department only to:
(a) Administer its regulatory program pursuant to this chapter;
(b) Undertake research relating to surface mine regulation, reclamation of surface mine lands, and related issues; and
(c) Cover costs arising from appeals from determinations made under this chapter.
(2) At the end of each fiscal biennium, any money collected from fees charged under RCW 78.44.085 that was not used for the administration and enforcement of surface mining regulation under this chapter must be used by the department for surveying and mapping sand and gravel sites in the state.
(3) Fines, interest, and other penalties collected by the department under the provisions of this chapter shall be used to reclaim surface mines abandoned prior to 1971.
[ 2006 c 341 § 2; 1993 c 518 § 10.]
NOTES:
Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
2023 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.
2023 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.]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.]
2023 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.]