reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-110 - Casing requirements

Current through Register Vol. 24-14, July 15, 2024
(1) All wells shall be cased to
			 protect or minimize damage to the environment, surface and
			 groundwaters, geothermal resources and health and property. The
			 department shall approve proposed well spacing and well casing
			 programs or prescribe such modifications to the programs as the
			 department determines necessary for proper development, giving
			 consideration to such factors as:
(a) Topographic characteristics of
			 the area.
(b) Hydrologic,
			 geologic, or reservoir characteristics of the area.
(c) The number of wells that can be
			 economically drilled to provide the necessary volume of geothermal
			 resources for the intended use.
(d) Protection of correlative
			 rights.
(e) Minimizing
			 well interference.
(f)
			 Unreasonable interference with multiple use of lands.
(g) Protection of the
			 environment.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-120 - Blowout prevention

Current through Register Vol. 24-14, July 15, 2024
Blowout prevention and related control equipment
				shall be installed, tested immediately thereafter, and properly
				maintained ready for use until drilling operations are completed.
				Certain components, such as packing elements and ram rubbers, shall
				be of high temperature resistant material as necessary. All kill
				lines, blowdown lines, manifolds, and fittings shall be steel and
				have temperature derated minimum working pressure rating equivalent
				to the maximum anticipated wellhead surface pressure. Unless
				otherwise specified, blowout prevention equipment shall have manually
				operated gates and remotely controlled hydraulic actuating systems
				and accumulators of sufficient capacity to close all of the
				hydraulically operated equipment and have a minimum pressure of 69
				bars (1,000 psi) remaining on the accumulator. Dual control stations
				shall be installed with a high pressure backup system. One control
				panel shall be located at the driller's station and one control panel
				shall be located on the ground at least 15 meters (50 feet) away from
				the wellhead or rotary table. Blowout prevention assemblies involving
				the use of air or other gaseous fluid drilling systems may include,
				but are not limited to, a rotating head, a double ram blowout
				preventer or equivalent, a banjo-box or an approved substitute
				therefore and a blind ram blowout preventer or gate valve,
				respectively. Exceptions to the requirements of this paragraph will
				be considered by the department for areas of known surface stability
				and low subsurface formation pressure and temperatures.
(1)
Conductor casing.
One remotely controlled hydraulically operated expansion type
			 preventer or acceptable alternative, including a drilling spool with
			 side outlets or equivalent, may be required before drilling below
			 conductor casing.
(2)
Surface, intermediate and production casing.
Prior to
			 drilling below any of these strings, blowout prevention equipment
			 shall include a minimum of:
(a) One
			 expansion-type preventer and accumulator or a rotating
			 head,
(b) A manual and
			 remotely controlled hydraulically operated double ram blowout
			 preventer or equivalent having a temperature derated minimum working
			 pressure rating which exceeds the maximum anticipated surface
			 pressure at the anticipated reservoir fluid temperature,
(c) A drilling spool with side
			 outlets or equivalent,
(d) A fillup line,
(e) A kill line equipped with at
			 least one valve, and
(f)
			 A blowdown line equipped with at least two valves and securely
			 anchored at all bends and at the end.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-130 - Drilling fluid

Current through Register Vol. 24-14, July 15, 2024
The properties, use and testing of drilling fluids
				and the conduct of related drilling procedures shall be such as are
				necessary to prevent the blowout of any well. Sufficient drilling
				fluid materials to ensure well control shall be maintained in the
				field area readily accessible for use at all times.
(1)
Drilling fluid control.
Before pulling drill pipe, the drilling fluid shall be
			 properly conditioned or displaced. The hole shall be kept reasonably
			 full at all times, however, in no event shall the annular mud level
			 be deeper than 30 meters (100 feet) from the rotary table when coming
			 out of the hole with drill pipe. Mud cooling techniques shall be
			 utilized when necessary to maintain mud characteristics for proper
			 well control and hole conditioning. The conditions contained herein
			 shall not apply when drilling with air or aerated fluids.
(2)
Drilling fluid testing.
Mud testing and treatment consistent with good operating
			 practice shall be performed daily or more frequently as conditions
			 warrant. Mud testing equipment shall be maintained on the drilling
			 rig at all times. The following drilling fluid system monitoring or
			 recording devices shall be installed and operated continuously during
			 drilling operations, with mud, occurring below the shoe of the
			 conductor casing:
(a) High-low
			 level mud pit indicator including a visual and audio-warning device,
			 if applicable,
(b)
			 Degassers if applicable, and desilters and desanders if required for
			 solids control,
(c) A
			 mechanical, electrical, or manual surface drilling fluid temperature
			 monitoring device. The temperature of the drilling fluid going into
			 and coming out of the hole shall be monitored, read, and recorded on
			 the driller's or mud log for a minimum of every 9 meters (30 feet) of
			 hole drilled below the conductor casing, and
(d) A hydrogen sulfide indicator
			 and alarm shall be installed in areas suspected or known to contain
			 hydrogen sulfide gas which may reach levels considered to be
			 dangerous to the health and safety of personnel in the area.
No exceptions to these requirements will be allowed
				without the specific prior permission of the
				department.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-140 - Well logging

Current through Register Vol. 24-14, July 15, 2024
All wells shall be logged with an induction electric
				log or equivalent from total depth to the shoe of the conductor
				casing. The department may grant an exception to this requirement
				when well conditions make it impractical or impossible to meet the
				above requirements.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-140, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-150 - Removal of casing

Current through Register Vol. 24-14, July 15, 2024
No person shall remove casing or any portion thereof
				from any well without first obtaining prior written approval from the
				department. In the request to remove casing, the applicant must
				describe the condition of the well, the proposed casing to be
				removed, all casing in the hole, location of plugs, and
				perforations.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-150, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-160 - Drilling bond

Current through Register Vol. 24-14, July 15, 2024
The owner or operator who proposes to drill, redrill,
				or deepen a well for geothermal resources shall file with the
				department a good and sufficient bond in the sum of fifteen thousand
				dollars for each well or a fifty thousand dollar blanket bond for one
				or more wells being drilled, redrilled, or deepened at any time. The
				bond shall be filed with the department at the time of filing the
				application to drill, redrill, or deepen a well or wells. Approval of
				the bond by the department must be obtained prior to the commencement
				of drilling, redrilling, or deepening. The bond shall be made payable
				to the state of Washington, conditioned for performance of the duty
				to properly:
(1) Drill all
			 geothermal wells,
(2)
			 Operate and maintain producing wells, and
(3) Plug each dry or abandoned well
			 in accordance with applicable rules and regulations of the
			 department.
The bond shall be executed by such owner or operator
				as principal and by a surety company authorized to do business in the
				state of Washington as surety, conditioned upon the faithful
				compliance by the principal with the laws, rules, regulations, and
				orders under the Geothermal Resources Act and shall secure the state
				against all losses, charges, and expenses incurred by the state in
				obtaining such compliance by the principal of the bond.
A single core-hole bond shall be in the sum of five
				thousand dollars and a blanket core-hole bond shall be in the sum of
				twenty-five thousand dollars.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-160, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-165 - Cancellation of bond

Current through Register Vol. 24-14, July 15, 2024
Termination and/or cancellation of any bond will not
				be permitted until the well, or wells, for which the bond has been
				issued have been properly abandoned or another valid bond for such
				well or wells has been submitted therefore and approved by the
				department. A bond may be canceled upon transfer of the jurisdiction
				of the well to and acceptance of jurisdiction by the department of
				ecology. No bond shall be released until the department in writing
				shall have authorized such release.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-165, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-200 - Transfer of jurisdiction to department of ecology

Current through Register Vol. 24-14, July 15, 2024
Transfer of jurisdiction over a well to the
				department of ecology may be permitted provided it has been
				established that it is not technologically practical to produce
				electricity commercially or usable minerals cannot be derived from
				the well and provided, further, the department of ecology has by
				affidavit indicated its willingness to assume such responsibility.
				Transfer of such jurisdiction will relieve the owner or operator of
				further compliance with the provisions of the Geothermal Resources
				Act and these rules and regulations, however, the owner or operator
				shall be subject to applicable laws and regulations relating to wells
				drilled for appropriation and use of groundwaters.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-200, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-300 - Proper completion and abandonment

Current through Register Vol. 24-14, July 15, 2024
Completion and abandonment of any well or wells shall
				be conditioned upon implementation of adequate procedures to protect
				the environmental and esthetic qualities of the drill site, access
				roads, and other areas that were disturbed as a result of drilling or
				related operations.
(1)
Completion.
For the purposes of the Geothermal Resources
			 Act and these rules and regulations, a well will be considered as
			 properly completed when drilling has been completed and a production
			 head has been installed on the well pending actual utilization in the
			 production of geothermal resources as defined in this act. Suspension
			 of a well after completion and prior to actual production shall not
			 exceed six months duration unless approved in writing by the
			 department.
(2)
Abandonment.
A well shall be properly abandoned for the
			 purposes of this act when:
(a)
			 Drilling, redrilling, or deepening operations have ceased; or
			 geothermal resources cannot be produced from the well; or the well no
			 longer commercially produces geothermal resources; and proper cement
			 plugs have been placed by the owner or operator and approved by the
			 department; and
(b) The
			 owner or operator has taken all appropriate steps to protect surface
			 and groundwaters and prevent the escape of deleterious substances to
			 the surface.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-310 - Abandonment procedures

Current through Register Vol. 24-14, July 15, 2024
No well shall be plugged and abandoned until the
				manner and method of plugging have been approved or prescribed by the
				department. The owner or operator shall give notice to the department
				of the intention to abandon the well and the date and time
				abandonment procedures will commence.
(1) The notice shall specify the
			 condition of the well and the proposed method of abandonment. The
			 owner or operator shall furnish such additional information
			 concerning the well condition and abandonment procedures as may be
			 required by the department.
(2) The owner or operator shall
			 within twenty-four hours after giving notice of intent to abandon
			 provide the department with a written notice setting forth the
			 proposed abandonment procedures and the condition of the
			 well.
(3) All wells to be
			 abandoned shall have cement plugs placed in the well as prescribed
			 herein. Such cement shall consist of a high temperature resistant
			 admix unless waived by the department in accordance with the
			 particular circumstances existing in the well.
(a)
Cased holes.
(i) A cement plug shall be placed
			 across all perforations in the casing, extending 30 meters (100 feet)
			 below and 30 meters (100 feet) above the perforated
			 interval.
(ii) A cement
			 plug shall be placed across all casing stubs, laps, and liner tops,
			 extending a minimum of 15 meters (50 feet) below and 15 meters (50
			 feet) above such stub, lap, or liner top.
(iii) Casing shoes shall be
			 straddled by a cement plug with a minimum of 30 meters (100 feet)
			 below and 30 meters (100 feet) above and below the shoe.
(iv) All annular space open to the
			 surface shall be filled with cement to the surface.
(v) All casing exposed to the
			 surface shall be cut off 6 feet below ground surface unless otherwise
			 designated by the department.
(vi) A surface plug shall be placed
			 in the casing extending for a minimum of 10 meters (30 feet) below
			 the approved cut off top of the casing. The casing shall be capped by
			 welding a steel plate on the casing stub.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-320 - Suspension

Current through Register Vol. 24-14, July 15, 2024
Drilling equipment shall not be removed from any well
				where drilling operations have been suspended before adequate
				measures have been taken to close the well and protect the surface
				and subsurface resources including fresh water aquifers. A suspended
				well shall be mudded and cemented as set forth in WAC
				332-17-310 of these
				rules and regulations or as otherwise approved by the department
				except that WAC
				332-17-310(3)(a)(iv)
				 - (vi) will not be
				required.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-320, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-340 - Notice of change of ownership

Current through Register Vol. 24-14, July 15, 2024
Every person who acquires the right of ownership or
				right of operation of a geothermal well or wells shall within ten
				days notify the department in writing of the newly acquired ownership
				or right of operation and provide a bond equivalent to the bond
				supplied by the prior owner or operator. Each notice shall contain
				the following:
(1) Name,
			 address, and signature of the person from whom the well or land was
			 acquired;
(2) Name and
			 location of such well or wells;
(3) Date of acquisition;
			 and
(4) Description of
			 the land upon which such well or wells is situated.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-340, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-400 - Records

Current through Register Vol. 24-14, July 15, 2024
The owner or operator of any well or wells shall keep
				or caused to be kept careful and accurate logs, core records, and
				history of the drilling of the well. The logs and tour reports shall
				be kept in the local office of the owner or operator and shall be
				subject during business hours to inspection by the department except
				during casing or abandonment operations when appropriate logs will be
				available at the well site.
Records that shall be filed with the department as
				set forth in RCW 79.76.210 are:
(1) The drilling log and core
			 record showing the lithologic characteristics and depths of
			 formations encountered, and the depths and temperatures of
			 water-bearing and steam-bearing strata, and the temperature, chemical
			 compositions, and other chemical and physical characteristics of
			 fluids encountered. Core records shall show the depth, lithologic
			 character, and the fluid content of cores obtained.
(2) The well history shall describe
			 in detail in chronological order on a daily basis all significant
			 operations carried out and equipment used during all phases of
			 drilling, testing, completion, recompletion, and abandonment of the
			 well.
(3) The well
			 summary report shall accompany the drilling logs and well history
			 report. It shall show the spud date, completion date, abandonment
			 date, casing summary, fresh water zones, producing zones, total
			 depth, well location, tops of formations penetrated and bottom hole
			 temperature.
(4)
			 Production records shall be submitted monthly to the department on or
			 before the 10th of each month for the preceding month on a form
			 approved by the department.
(5) Electric logs, directional
			 logs, physical or chemical logs, tests, water analysis, surveys
			 including temperature surveys, and such other logs or surveys as may
			 be run.
(6) A set of
			 ditch samples if taken at not less than 30 meters (100 feet)
			 intervals.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-400, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-410 - Vertical and directional wells

Current through Register Vol. 24-14, July 15, 2024
Deviation surveys shall be taken on all wells during
				the normal course of drilling at intervals not to exceed 152 meters
				(500 feet). The department may require a directional survey giving
				both inclination and azimuth or a dipmeter to be obtained on all
				wells. In calculating all surveys, a correction from true north to
				Lambert-Grid north shall be made after making the magnetic to true
				north correction. All surveys shall be filed with department as set
				forth in WAC
				332-17-400. Wells are
				considered to be directional if inclination from vertical exceeds an
				average of five degrees. In directional wells directional surveys
				shall be obtained at intervals not to exceed 30 meters (100 feet)
				prior to, or upon setting any casing string or lines (except
				conductor casing) and total depth.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-410, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-420 - Department to witness tests

Current through Register Vol. 24-14, July 15, 2024
Sufficient notice shall be given in advance to the
				department of the date and time when the owner or operator expects to
				run casing, test casing, conduct a drill stem test, or log a well in
				order that the department may have a representative on the drill site
				as a witness.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-420, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-430 - Well designation

Current through Register Vol. 24-14, July 15, 2024
The owner or operator shall place in a conspicuous
				location near the well site a sign setting forth the name of the
				owner or operator, lease name, well number, permit number, and the
				quarter-quarter section or lot, township, and range of the well
				location. Such well designation shall maintained until the well has
				been abandoned.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-430, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-440 - Well spacing

Current through Register Vol. 24-14, July 15, 2024
The department will approve proposed well spacing
				programs or prescribe such modifications to the programs as it
				determines necessary for proper development, giving consideration to
				such factors as:
(1)
			 Topography of the area;
(2) Geologic conditions of the
			 reservoir;
(3) Minimum
			 number of wells required for adequate development; and
(4) Protection of
			 environment.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-440, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-450 - Right of entry

Current through Register Vol. 24-14, July 15, 2024
Department representatives shall have the right to
				enter upon any lands and examine such records related to the
				drilling, redrilling, deepening, or the completion, or the
				abandonment of, or production from any geothermal well to ensure
				compliance with the Geothermal Resources Act and these rules. Any
				owner or operator who denies the right of entry of a department
				representative or willfully hinders or delays the enforcement of the
				provisions of the act and these rules or who otherwise violates,
				fails, neglects, or refuses to comply with any of the provisions of
				the act or these rules will be subject to the penalties as set forth
				in RCW 79.76.260.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-450, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-460 - Pits or sumps

Current through Register Vol. 24-14, July 15, 2024
The owner or operator shall provide pits and/or sumps
				of adequate capacity and design to retain all fluids and materials
				necessary to the drilling, production, and related operations on the
				well. No contents of pits and/or sumps shall be allowed to:
(1) Contaminate streams, artificial
			 canals, waterways, groundwaters, lakes, or rivers;
(2) Adversely affect the
			 environment, persons, plants, and wildlife; and
(3) Adversely affect esthetic
			 values of the property or adjacent properties.
When pits and/or sumps are no longer needed, they
				shall be pumped out and the contents disposed of in approved disposal
				sites unless otherwise approved by the department.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-460, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions shall apply to these
				rules:
(1) "The act" means
			 the Washington Surface Mining Act, chapter 78.44 RCW.
(2) "Buffers" are synonymous with
			 screening as used in the act.
(3) "Completed application" means
			 receipt and approval by the department of all information required in
			 the act, including:
(a) A
			 reclamation plan;
(b)
			 Performance security;
(c)
			 The application fee; and
(d) Evidence that SEPA review has
			 been completed.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-01001 - Delegation of enforcement to counties

Current through Register Vol. 24-14, July 15, 2024
(1) The department may delegate
			 enforcement of surface mine reclamation to a county: Provided, That
			 the county agrees to:
(a) Enforce
			 all provisions of the act, these rules, and the approved reclamation
			 plan;
(b) Continuously
			 employ enough qualified mine regulatory personnel to achieve the
			 purposes of the act and these rules;
(c) Assume full responsibility for
			 all aspects of enforcement that are described in the contract between
			 the department and the county;
(d) Provide the department with
			 copies of all documents related to enforcement; and
(e) Comply with all related written
			 policies of the department.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-01002 - Land use approval and regulation of operations

Current through Register Vol. 24-14, July 15, 2024
(1) For
			 reclamation permits issued after July 1, 1994, approval of mining and
			 of the subsequent use of the mine site shall be verified with a Form
			 SM-6; except that such approval may not be required for mines on
			 state or federal lands. The Form SM-6 must be signed by a responsible
			 official from the appropriate city, town, or county.
(2) The department will not accept
			 a Form SM-6 that obligates the department to regulate any "operation"
			 except as necessary to assure timely reclamation.
(3) Conditions on any state surface
			 mine operating permit issued prior to July 1, 1993, that cause the
			 department to regulate "operations," that are not directly related to
			 reclamation are invalid, except those conditions that were properly
			 adopted pursuant to the department's SEPA substantive
			 authority.
(4) After July
			 1, 1995, the department will attempt to notify the appropriate local
			 government or state agency of surface mines affected by subsection
			 (3) of this section.
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-01002, filed 6/30/94, effective
				  8/2/94.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-01003 - Issuing reclamation permits

Current through Register Vol. 24-14, July 15, 2024
(1) After July 1, 1994, the
			 department shall not issue a reclamation permit until the applicant
			 has:
(a) Met all requirements of
			 these rules and the act;
(b) Provided documentation of SEPA
			 review sufficient for the department to determine that the impacts of
			 the proposal can be adequately mitigated;
(c) Received the following
			 approvals if required by state or local governments:
(i) Approvals under local zoning
			 and land use regulations;
(ii) A shoreline permit;
(iii) A hydraulic project approval;
			 and/or
(iv) All solid
			 waste permits.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-01004 - Denial of an application for a reclamation permit

Current through Register Vol. 24-14, July 15, 2024
The department may refuse to issue a reclamation
				permit or revised reclamation permit only if the applicant:
(1) Fails to provide a complete
			 application;
(2) Provides
			 a proposal that the department determines should be denied pursuant
			 to
			 RCW 43.21C.060 and WAC
			 332-41-665;
			 or
(3) Is not in
			 compliance with an order or notice of the department.
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-01004, filed 6/30/94, effective
				  8/2/94.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-01005 - Annual permit fees for county governments (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-01005, filed 6/30/94, effective
				  8/2/94.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-050 - Inspections and cancellations of permits

Current through Register Vol. 24-14, July 15, 2024
The department shall have the right to inspect any
				property at any time as it determines is necessary to ensure there is
				compliance with the act, these rules, and the reclamation plan.
				Inspections shall be limited to those lands and the permit holder's
				records that pertain to surface mine reclamation. All deficiencies
				shall be brought to the attention of the miner or permit
				holder.
The department, at its option, may refuse to issue
				another permit to a miner or permit holder who is in noncompliance
				with an order of the department until all deficiencies are corrected
				to the satisfaction of the department.
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-050, filed 6/30/94, effective 8/2/94; Order 86, §
				  332-18-050, filed 10/27/70, effective
				  11/28/70.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-05001 - Orders and notices of the department

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department may issue orders and notices as described in the act and
			 these rules. Before issuing the initial order related to a specific
			 violation, the department shall attempt to hold a conference with the
			 miner or permit holder. The purpose of the conference is to determine
			 if a violation has occurred and, if so, to develop a plan to correct
			 the violation and mitigate its impacts insofar as
			 practicable.
(2) Orders
			 and notices of the department shall set forth:
(a) The nature and extent, and if
			 known, the time of the violation(s);
(b) The rights of the miner or
			 permit holder to appeal; and
(c) Applicable time frames for
			 corrective action and appeal.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-05002 - Time extensions and additional performance security

Current through Register Vol. 24-14, July 15, 2024
The department may grant an extension of the
				applicable compliance timetables if failure to comply with the
				permit, rules, or the act resulted from circumstances clearly beyond
				the control of the miner or permit holder. The extension may be
				granted for up to eighteen months. However, the extension may be
				revoked if the miner or permit holder is not, in the opinion of the
				department, making every reasonable effort to comply.
Additional performance security in a form acceptable
				to the department may be required if it is determined to be necessary
				to assure that the deficiencies are rectified.
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-05002, filed 6/30/94, effective
				  8/2/94.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-05003 - Civil penalties - Procedures

Current through Register Vol. 24-14, July 15, 2024
(1) If a miner or permit holder
			 fails to comply with the act, these rules, the permit, the
			 reclamation plan, or any order or emergency order of the department,
			 the miner or permit holder may be subject to a civil penalty for each
			 violation based upon the schedule of fines set forth in WAC
			 332-18-05004 and
			 calculated according to WAC
			 332-18-05005.
(2) The penalty shall be imposed by
			 a notice of penalties delivered by certified mail with return receipt
			 requested or by personal service.
(3) The notice of penalties shall
			 explain the base penalty and penalty calculation as outlined in WAC
			 332-18-05004 and
			 332-18-05005.
(4) If the penalty and interest are
			 not paid to the department after these are due and payable, the
			 attorney general, at the request of the department, may bring an
			 action in accordance with
			 RCW 78.44.250.
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-05003, filed 6/30/94, effective
				  8/2/94.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-05004 - Fines, base penalties schedule

Current through Register Vol. 24-14, July 15, 2024
In setting the amount of a civil penalty imposed
				under
				RCW 78.44.087, the
				department shall consider the following base penalty schedule:
(1) Category I. Fines of two
			 hundred fifty dollars may be levied for each violation of the
			 following:
(a) Failure to post the
			 reclamation plan at the mine site if directed to do so by the
			 department;
(b) Failure
			 to install or maintain monuments;
(c) Failure to provide a new
			 reclamation plan upon request;
(d) Failure to provide requisite
			 solid waste permits to the department;
(e) Failure to route or provide
			 drainage so that reclaimed surfaces are protected from erosion or
			 mass wasting; and/or
(f)
			 Excavation within the reclamation setbacks.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-05005 - Calculation of penalty

Current through Register Vol. 24-14, July 15, 2024
Fines shall be calculated using the following
				steps:
(1) The base penalty
			 shall be the minimum fine in each category as set forth in WAC
			 332-18-05004.
(2) The department may adjust the
			 fine by multiplying the Category II and III base penalties by factors
			 specific to the incident, miner or permit holder, and/or site. The
			 following factors shall not be imposed unless the department explains
			 in writing how each factor was determined:
(a) Severity: The department shall
			 adjust the penalty to reflect the extent or magnitude and difficulty
			 of repairing the damage to lands, waters, and neighboring properties.
			 This factor shall increase the base penalty by not more than 5.0
			 times the base penalty.
(b) Previous violation(s): The
			 department shall consider whether the violator has had previous
			 significant violations of the act, rules, permit, or reclamation plan
			 as documented by an enforcement action. This factor shall increase
			 the base penalty by not more than 3.0 times the base
			 penalty.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-05006 - Penalties due

Current through Register Vol. 24-14, July 15, 2024
(1) Penalties imposed under this
			 section shall become due and payable thirty days after receipt of a
			 notice imposing the fine unless the miner or permit holder files an
			 appeal.
(2) Thirty days
			 after the miner or permit holder is notified that administrative
			 review of penalties is complete, the penalty shall become due and
			 payable.
(3) Thirty days
			 after a penalty becomes due and payable, interest shall accrue at the
			 maximum rate allowed by
			 RCW 19.52.020 until the
			 penalty is paid to the department.
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-05006, filed 6/30/94, effective
				  8/2/94.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-05007 - Civil penalties-Mitigation, appeals (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-05007, filed 6/30/94, effective
				  8/2/94.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-05008 - Enforcement of penalties

Current through Register Vol. 24-14, July 15, 2024
If the penalty and/or applicable interest are not
				paid to the department within thirty days after these become due and
				payable, the attorney general, upon the request of the department,
				may bring an action in superior court to recover the penalty or
				interest. In all such actions, the procedures and rules of evidence
				shall be the same as in an ordinary civil action except as otherwise
				provided in the act.
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-05008, filed 6/30/94, effective
				  8/2/94.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-05009 - Adjudicative proceedings - Standing

Current through Register Vol. 24-14, July 15, 2024
A person has standing to obtain review of a
				department action concerning surface mining under chapter 78.44 RCW
				only if that person is aggrieved by the department's action. A person
				is aggrieved only when all three of the following conditions are
				present:
(1) The
			 department's action has prejudiced or is likely to prejudice that
			 person;
(2) That person's
			 asserted interests are among those that the department was required
			 to consider when it took the action being challenged; and
(3) A decision in favor of that
			 person would substantially eliminate or redress the prejudice to that
			 person caused or likely to be caused by the department's
			 action.
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-05009, filed 6/30/94, effective
				  8/2/94.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-130 - Bank letters of credit

Current through Register Vol. 24-14, July 15, 2024
The performance security required by
				RCW 78.44.087 may be in
				the form of a bank letter of credit.
(1) The department will accept a
			 bank letter of credit under
			 RCW 78.44.087 only if
			 the letter of credit is established in an amount equal to the
			 estimated cost of completing reclamation according to the approved
			 reclamation plan or minimum reclamation standards and related
			 administrative overhead for the area to be surface mined during the
			 next thirty-six month period and any previously disturbed areas for
			 which a reclamation permit has been issued and on which the
			 reclamation has not been satisfactorily completed and
			 approved.
(2) If the
			 letter of credit is issued by a bank that has an office within the
			 state of Washington, the department may accept the letter of credit
			 if it:
(a) Is issued by a bank that
			 is financially sound and is authorized to do business in the state of
			 Washington;
(b) Does not
			 state that it is subject to the uniform customs and practice for
			 documentary credits; and
(c) Is in the form described in
			 subsection (4) of this section.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-140 - Interest in real property in lieu of other performance security (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW 78.44.040,
				  34.05.220,
				  43.21C.135 and
				  78.44.250. 94-14-051,
				  § 332-18-140, filed 6/30/94, effective
				  8/2/94.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-145 - Blanket performance security - Rules to obtain and maintain a blanket performance security for multiple surface mines

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 permit holder or landowner may use a blanket performance security for
			 multiple surface mines if authorized by DNR under
			 RCW 78.44.350 and this
			 rule. The amount must equal the sum of the estimated reclamation cost
			 calculated by DNR for the two covered surface mines with the largest
			 performance security obligations. The process for obtaining DNR's
			 approval includes a preliminary review, submittal of a complete
			 request, and DNR review of a complete request.
(2) A permit holder or landowner
			 must first request DNR's preliminary review of eligibility and the
			 state of the proposed surface mines. The request shall identify
			 permit holders and proposed surface mines by permit number, if any.
			 DNR will issue a preliminary review decision on each mine indicating
			 which mines would be eligible within sixty days. The preliminary
			 review period may be extended by DNR with written notice to the
			 applicant. If any requested sites are denied after the preliminary
			 review, the DNR will state in writing why the site was denied and the
			 applicant may request a meeting and/or reapply for preliminary
			 review.
(a) A permit holder must
			 meet the following conditions for it or the landowner to be eligible
			 to submit and continue to use a blanket performance security:
(i) The permit holder must not be
			 in violation of any final order of DNR;
(ii) The permit holder must have
			 held at least one valid reclamation permit for longer than ten
			 years;
(iii) The permit
			 holder must demonstrate exemplary mining and reclamation practices
			 that have been accepted by DNR. For purposes of this rule,
			 "exemplary" means that the permit holder is substantially complying
			 with chapters 78.44 RCW and 332-18 WAC, its effective reclamation
			 permit and plan, and department orders for each of its surface mines
			 and that the permit holder has not received more than two enforcement
			 orders within the most recent calendar year;
(iv) The permit holder must, before
			 obtaining a blanket performance security and every other year
			 thereafter, submit a sworn statement by a responsible company
			 official under penalty of perjury for false or misleading statements
			 that the permit holder is financially able to pay for the
			 DNR-approved estimated reclamation cost of all covered surface mines
			 within one year; and
(v)
			 The permit holder must before obtaining and every other year
			 thereafter, submit an updated reclamation cost estimate on DNR's
			 Standard Performance Security Calculation Form (SM-10) for each
			 covered surface mine.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-18 - Surface mine reclamation › Section 332-18-150 - Permit transfers

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall approve
			 permit transfers under the provisions of
			 RCW 78.44.171 if the new
			 permit holder provides the following documents:
(a) A revised reclamation plan
			 together with:
(i) Written approval
			 of all persons having a possessory interest in the land;
(ii) A revised Form SM-6 approved
			 by the local government if a new subsequent use of the permit area is
			 proposed;
(iii) A SEPA
			 checklist. This checklist shall address only those impacts relating
			 to the revised reclamation plan.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-010 - Range management objectives

Current through Register Vol. 24-14, July 15, 2024
The general objectives of the department in its
				management of state-owned range lands is to provide for the maximum
				utilization of the range resource consistent with the principles of
				multiple use and proper land conservation measures. Coincident with
				these general objectives, the department shall, with equal priority,
				seek to:
(1) Secure the
			 highest return to the state under good management
			 practices;
(2) Perpetuate
			 the natural resources on both state and related lands through wise
			 use, protection, and development;
(3) Provide the best practical,
			 social, and economic correlation of the use of state lands with
			 adjacent lands; and
(4)
			 Stabilize that part of the livestock industry which makes use of
			 state land through administrative policy and management practices
			 which conform to the requirements of practical operation.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-010, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations (part), effective
				  6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-020 - Grazing management

Current through Register Vol. 24-14, July 15, 2024
Management of state lands for grazing purposes will
				be based upon that grazing capacity which permits maximum forage
				utilization and seeks to maintain or improve to "good" condition
				range as defined by the soil conservation service. Grazing capacity
				will be established after consideration of historical stocking rates,
				forage utilization, range condition, and trend. Pertinent range
				research findings of Washington State University and the advice of
				the soil conservation service will be considered in the management of
				the grazing resources.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-020, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations (part), effective
				  6/1/59.