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.
Structure Revised Code of Washington
Title 78 - Mines, Minerals, and Petroleum
Chapter 78.44 - Surface Mining.
78.44.010 - Legislative finding.
78.44.040 - Administration of chapter—Rule-making authority.
78.44.045 - Surface mining reclamation account.
78.44.055 - Surface mining of coal—Preemption of chapter by federal laws, programs.
78.44.060 - Investigations, research, etc.—Dissemination of information.
78.44.070 - Cooperation with other agencies—Receipt and expenditure of funds.
78.44.081 - Reclamation permits required—Applications.
78.44.083 - Reclamation permit—Refusal to issue.
78.44.085 - Application fee—Annual permit fee—Confidential records—Appeals—Collection of fees.
78.44.087 - Performance security required—Department authority.
78.44.091 - Reclamation plans—Approval process.
78.44.101 - Joint reclamation plans may be required.
78.44.111 - Segmental reclamation—Primary objective.
78.44.121 - Reclamation setbacks—Exemption.
78.44.141 - Reclamation—Minimum standards—Waiver.
78.44.151 - Reclamation plans—Modification, when required—SEPA.
78.44.171 - Reclamation—Transfer of permits.
78.44.181 - Reclamation—Report by permit holder on anniversary date.
78.44.190 - Deficiencies—Order to rectify—Time extension.
78.44.210 - Suspension of a reclamation permit.
78.44.220 - Declaration of abandonment—Reclamation—Subsequent miner.
78.44.230 - Abandonment—Cancellation of the reclamation permit.
78.44.240 - Reclamation by the department—Order to submit performance security—Cost recovery.
78.44.250 - Fines—Civil penalties—Damage recovery.
78.44.260 - Operating without permit—Penalty.
78.44.280 - Underground operation—Surface disturbances subject to chapter.
78.44.300 - Reclamation awards—Recognition of excellence.
78.44.310 - Reclamation consulting—No cost service.
78.44.320 - Definitions applicable to RCW 78.44.330.
78.44.330 - Mineral trespass—Penalty.
78.44.340 - Mineral trespass—Limitation on application.
78.44.350 - Blanket performance security.
78.44.370 - Notice of correction.
78.44.390 - Cancellation of a reclamation permit.