Surface mine reclamation

AN ACT Relating to establishing surface mine reclamation permit 1
fees; and amending RCW 78.44.085. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 78.44.085 and 2017 3rd sp.s. c 27 s 1 are each 4
amended to read as follows: 5
(1) An applicant ((for an expansion of a permitted surface mine, 6
a new reclamation permit under RCW 78.44.081, or for combining 7
existing public or private reclamation permits, shall pay a 8
nonrefundable application fee to the department before being granted 9
the requested permit or permit expansion )): (a) For a revision of an 10
existing reclamation permit or reclamation plan; (b) for an expansion 11
of a permitted surface mine; (c) for a new reclamation permit under 12
RCW 78.44.081; or (d) seeking to combine existing public or private 13
surface mine reclamation permits, shall pay a nonrefundable 14
application fee to the department before the department will make a 15
decision on the application . The amount of the application fee shall 16
be ((four thousand five hundred dollars.17
(2) Permit holders submitting a revision to an application for an 18
existing reclamation plan that is not an expansion shall pay a 19
nonrefundable reclamation plan revision fee of two thousand five 20
hundred dollars)) $4,500. 21
Z-0135.3
SENATE BILL 5319
State of Washington 69th Legislature 2025 Regular Session
By Senators Shewmake, Chapman, and Nobles; by request of Department
of Natural Resources
Read first time 01/17/25. Referred to Committee on Agriculture &
Natural Resources.
p. 1 SB 5319
(((3))) (2) After June 30, 2017, each public or private permit 1
holder shall pay an annual permit fee in an amount pursuant to this 2
section. The annual permit fee shall be payable to the department 3
prior to the reclamation permit being issued and on the anniversary 4
of the permit date each year thereafter. 5
(((4))) (3)(a) Except as otherwise provided in this subsection, 6
each public or private permit holder must pay an annual fee of ((two 7
thousand dollars)) $3,500. 8
(b) ((Annual fees paid by a county for mines used exclusively for 9
public works projects and having less than seven acres of disturbed 10
area per mine shall not exceed one thousand dollars.11
(c) Annual fees are waived for all mines used primarily for 12
public works projects if the mines are owned and primarily operated 13
by counties with 1993 populations of less than twenty thousand 14
persons, and if each mine has less than seven acres of disturbed 15
area)) The annual fee for a public permit holder for mines used 16
exclusively for public works projects, as defined in RCW 17
39.04.010(5), is $2,500. 18
(((5))) (4) Any production records, mineral assessments, and 19
trade secrets submitted by a permit holder, mine operator, or 20
landowner to the department are to be held as confidential and not 21
released as part of a public records request under chapter 42.56 RCW.22
(((6))) (5) Appeals from any determination of the department 23
shall not stay the requirement to pay any annual permit fee. Failure 24
to pay the annual fees may constitute grounds for an order to suspend 25
surface mining, pay fines, or cancel the reclamation permit as 26
provided in this chapter. 27
(((7))) (6) All fees collected by the department shall be 28
deposited into the surface mining reclamation account created in RCW 29
78.44.045. 30
(((8))) (7) If the department delegates enforcement 31
responsibilities to a county, city, or town, the department may 32
allocate funds collected under this section to the county, city, or 33
town. 34
(((9))) (8) Within ((sixty)) 60 days after receipt of an 35
application for a new or expanded permit, or revision to an existing 36
reclamation permit or reclamation plan, the department shall advise 37
applicants of any information necessary to successfully complete the 38
application. 39
p. 2 SB 5319
(((10))) (9) In addition to other enforcement authority, the 1
department may refer matters to a collection agency licensed under 2
chapter 19.16 RCW when permit fees or fines are past due. The 3
collection agency may impose its own fees for collecting delinquent 4
permit fees or fines. 5
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p. 3 SB 5319