Revised Code of Washington
Chapter 78.56 - Metals Mining and Milling Operations.
78.56.020 - Definitions.

RCW 78.56.020
Definitions.

The definitions set forth in this section apply throughout this chapter.
(1) "Metals mining and milling operation" means a mining operation extracting from the earth precious or base metal ore and processing the ore by treatment or concentration in a milling facility. It also refers to an expansion of an existing operation or any new metals mining operation if the expansion or new mining operation is likely to result in a significant, adverse environmental impact pursuant to the provisions of chapter 43.21C RCW. The extraction of dolomite, sand, gravel, aggregate, limestone, magnesite, silica rock, and zeolite or other nonmetallic minerals; and placer mining; and the smelting of aluminum are not metals mining and milling operations regulated under this chapter.
(2) "Milling" means the process of grinding or crushing ore and extracting the base or precious metal by chemical solution, electro winning, or flotation processes.
(3) "Heap leach extraction process" means the process of extracting base or precious metal ore by percolating solutions through ore in an open system and includes reprocessing of previously milled ore. The heap leach extraction process does not include leaching in a vat or tank.
(4) "In situ extraction" means the process of dissolving base or precious metals from their natural place in the geological setting and retrieving the solutions from which metals can be recovered.
(5) "Regulated substances" means any materials regulated under a waste discharge permit pursuant to the requirements of chapter 90.48 RCW and/or a permit issued pursuant to chapter 70A.15 RCW.
(6) "To mitigate" means: (a) To avoid the adverse impact altogether by not taking a certain action or parts of an action; (b) to minimize adverse impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; (c) to rectify adverse impacts by repairing, rehabilitating, or restoring the affected environment; (d) to reduce or eliminate adverse impacts over time by preservation and maintenance operations during the life of the action; (e) to compensate for the impact by replacing, enhancing, or providing substitute resources or environments; or (f) to monitor the adverse impact and take appropriate corrective measures.

[ 2021 c 65 § 84; 1994 c 232 § 2.]
NOTES:

Explanatory statement—2021 c 65: See note following RCW 53.54.030.

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Structure Revised Code of Washington

Revised Code of Washington

Title 78 - Mines, Minerals, and Petroleum

Chapter 78.56 - Metals Mining and Milling Operations.

78.56.010 - Intent.

78.56.020 - Definitions.

78.56.030 - Operations subject to this chapter and other requirements.

78.56.040 - Disclosures required with state environmental policy act checklist—Public inspection of information.

78.56.050 - Environmental impact statement required—Mitigation measures to be part of permit requirements—Department of ecology to cooperate with affected local governments.

78.56.060 - Metals mining coordinator to be appointed—Duties.

78.56.070 - Quarterly inspections by responsible state agencies required—Cross-training and coordination of inspections encouraged.

78.56.080 - Estimate of costs by department of ecology and department of natural resources—Fee on operations to be established by department of ecology.

78.56.090 - Initial waste discharge permits for tailings facilities—Siting criteria—Primary screening process—Technical site investigation—Site selection report.

78.56.100 - Waste discharge permits for metals mining and milling operations tailing facilities—Pollution control standards—Waste rock management plan—Citizen observation and verification of water samples—Voluntary reduction plan—Application of this...

78.56.110 - Performance security required—Conditions—Department of ecology authority to adopt requirements—Liability under performance security.

78.56.120 - Remediation or mitigation by department of ecology—Order to submit performance security.

78.56.130 - Legislative finding—Impact analysis required for large-scale operations—Impact fees by county legislative authority—Application of this section—Application of chapter 82.02 RCW.

78.56.140 - Citizen action suits.

78.56.150 - Application of requirements to milling facilities not adjacent to mining operation.

78.56.160 - Moratorium on use of heap leach extraction process—Joint review by department of ecology and department of natural resources—Permanent prohibition of in situ extraction.

78.56.901 - Effective date—1994 c 232 §§ 1-5, 9-17, and 23-29.

78.56.902 - Effective date—1994 c 232 §§ 6-8 and 18-22.