Revised Code of Washington
Chapter 78.56 - Metals Mining and Milling Operations.
78.56.040 - Disclosures required with state environmental policy act checklist—Public inspection of information.

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

The department of ecology shall require each applicant submitting a checklist pursuant to chapter 43.21C RCW for a metals mining and milling operation to disclose the ownership and each controlling interest in the proposed operation. The applicant shall also disclose all other mining operations within the United States which the applicant operates or in which the applicant has an ownership or controlling interest. In addition, the applicant shall disclose and may enumerate and describe the circumstances of: (1) Any past or present bankruptcies involving the ownerships and their subsidiaries, (2) any abandonment of sites regulated by the model toxics control act, chapter 70A.305 RCW, or other similar state remedial cleanup programs, or the federal comprehensive environmental response, compensation, and liability act, 42 U.S.C. Sec. 9601 et seq., as amended, (3) any penalties in excess of ten thousand dollars assessed for violations of the provisions of 33 U.S.C. Sec. 1251 et seq. or 42 U.S.C. Sec. 7401 et seq., and (4) any previous forfeitures of financial assurance due to noncompliance with reclamation or remediation requirements. This information shall be available for public inspection and copying at the department of ecology. Ownership or control of less than ten percent of the stock of a corporation shall not by itself constitute ownership or a controlling interest under this section.

[ 2021 c 65 § 85; 1994 c 232 § 4.]
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.