Revised Code of Washington
Chapter 78.44 - Surface Mining.
78.44.370 - Notice of correction.

RCW 78.44.370
Notice of correction.

(1) The department may issue a notice of correction 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 or valid reclamation permit or reclamation plan. The department's authority to issue or its issuance of a notice of correction does not limit the department's authority to pursue enforcement actions, except as stated in other laws.
(2) The notice of correction must describe the items that need correction and must provide a reasonable time for the recipient to make corrections. The notice of correction must identify when, where, and to whom a request to extend the time to achieve compliance may be filed. The department may grant an extension when there is good cause for the request. This notice of correction is not an enforcement action and is not subject to administrative or judicial appeal.

[ 2007 c 192 § 1.]

Structure Revised Code of Washington

Revised Code of Washington

Title 78 - Mines, Minerals, and Petroleum

Chapter 78.44 - Surface Mining.

78.44.010 - Legislative finding.

78.44.011 - Intent.

78.44.020 - Purposes.

78.44.031 - Definitions.

78.44.040 - Administration of chapter—Rule-making authority.

78.44.045 - Surface mining reclamation account.

78.44.050 - Exclusive authority to regulate reclamation—Department may delegate enforcement authority to counties, cities, towns—Other laws not affected.

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.

78.44.131 - Reclamation specifics—Basic objective—Modifications for metals mining and milling operations—Timeline.

78.44.141 - Reclamation—Minimum standards—Waiver.

78.44.151 - Reclamation plans—Modification, when required—SEPA.

78.44.161 - Reclamation compliance—Inspection of disturbed area—Special inspection requirements for metals mining and milling operations.

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.

78.44.200 - Immediate danger—Emergency notice and order to rectify deficiencies—Emergency order to suspend surface mining.

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.

78.44.270 - Appeals—Standing.

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.

78.44.360 - Performance security insufficient to cover cost of reclamation—Lien established in favor of department.

78.44.370 - Notice of correction.

78.44.380 - Stop work orders.

78.44.390 - Cancellation of a reclamation permit.

78.44.910 - Previously mined land.

78.44.920 - Effective date—1970 ex.s. c 64.