Revised Code of Washington
Chapter 78.44 - Surface Mining.
78.44.390 - Cancellation of a reclamation permit.

RCW 78.44.390
Cancellation of a reclamation permit.

(1) In addition to the department's other authority to cancel a reclamation permit, a permit holder may seek cancellation of its reclamation permit in favor of a local development or construction permit. A permit holder may request cancellation of its reclamation permit and release of its performance security when:
(a) The permit holder has received an approved development or construction permit covering all of the existing permit area from a local jurisdiction;
(b) The local jurisdiction and the landowner agree with the permit holder's request to cancel the reclamation permit and to release the performance security; and
(c) The local jurisdiction provides assurance in writing that the construction or development permit is being actively implemented by the permit holder.
(2) The department is not responsible for overseeing a site's development or reclamation when a reclamation permit is canceled under this section.

[ 2007 c 192 § 4.]

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.