Revised Code of Washington
Chapter 78.56 - Metals Mining and Milling Operations.
78.56.120 - Remediation or mitigation by department of ecology—Order to submit performance security.

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

The department of ecology may, with staff, equipment, and material under its control, or by contract with others, remediate or mitigate any impact of a metals mining and milling operation when it finds that the operator or permit holder has failed to comply with relevant statutes, rules, or permits, and the operator or permit holder has failed to take adequate or timely action to rectify these impacts.
If the department intends to remediate or mitigate such impacts, the department shall issue an order to submit performance security requiring the permit holder or surety to submit to the department the amount of moneys posted pursuant to RCW 78.56.110. If the amount specified in the order to submit performance security is not paid within twenty days after issuance of the notice, the attorney general upon request of the department shall bring an action on behalf of the state in a superior court to recover the amount specified and associated legal fees.
The department may proceed at any time after issuing the order to submit performance security to remediate or mitigate adverse impacts.
The department shall keep a record of all expenses incurred in carrying out any remediation or mitigation activities authorized under this section, including:
(1) Remediation or mitigation;
(2) A reasonable charge for the services performed by the state's personnel and the state's equipment and materials utilized; and
(3) Administrative and legal expenses related to remediation or mitigation.
The department shall refund to the surety or permit holder all amounts received in excess of the amount of expenses incurred. If the amount received is less than the expenses incurred, the attorney general, upon request of the department of ecology, may bring an action against the permit holder on behalf of the state in the superior court to recover the remaining costs listed in this section.

[ 1995 c 223 § 2; 1994 c 232 § 12.]

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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.