78.56.010 – Intent.

RCW 78.56.010 Intent. It is in the best interests of the citizens of the state of Washington to insure the highest degree of environmental protection while allowing the proper development and use of its natural resources, including its mineral resources. Metals mining can have significant positive and adverse impacts on the state and on local […]

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 […]

78.56.030 – Operations subject to this chapter and other requirements.

RCW 78.56.030 Operations subject to this chapter and other requirements. Metals mining and milling operations are subject to the requirements of this chapter in addition to the requirements established in other statutes and rules. [ 1994 c 232 § 3.]

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 […]

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

RCW 78.56.050 Environmental impact statement required—Mitigation measures to be part of permit requirements—Department of ecology to cooperate with affected local governments. (1) An environmental impact statement must be prepared for any proposed metals mining and milling operation. The department of ecology shall be the lead agency in coordinating the environmental review process under chapter 43.21C […]

78.56.060 – Metals mining coordinator to be appointed—Duties.

RCW 78.56.060 Metals mining coordinator to be appointed—Duties. The department of ecology will appoint a metals mining coordinator. The coordinator will maintain current information on the status of any metals mining and milling operation regulated under this chapter from the preparation of the environmental impact statement through the permitting, construction, operation, and reclamation phases of […]

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

RCW 78.56.070 Quarterly inspections by responsible state agencies required—Cross-training and coordination of inspections encouraged. (1) State agencies with the responsibility for inspecting metals mining and milling operations regulated under this chapter shall conduct such inspections at least quarterly: PROVIDED, That the inspections are not prevented by inclement weather conditions. (2) The legislature encourages state agencies […]

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.

RCW 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. (1)(a) As part of its normal budget development process and in consultation with the metals mining industry, the department of ecology shall estimate the costs required for the department to meet its […]

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

RCW 78.56.090 Initial waste discharge permits for tailings facilities—Siting criteria—Primary screening process—Technical site investigation—Site selection report. (1) In the processing of an application for an initial waste discharge permit for a tailings facility pursuant to the requirements of chapter 90.48 RCW, the department of ecology shall consider site-specific criteria in determining a preferred location of […]

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 section.

RCW 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 section. (1) In order to receive a waste discharge permit from the department of ecology pursuant to the requirements of chapter 90.48 RCW or in order to […]

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

RCW 78.56.110 Performance security required—Conditions—Department of ecology authority to adopt requirements—Liability under performance security. (1) The department of ecology shall not issue necessary permits to an applicant for a metals mining and milling operation until the applicant has deposited with the department of ecology a performance security which is acceptable to the department of ecology […]

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 […]

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.

RCW 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. (1) The legislature finds that the construction and operation of large-scale metals mining and milling facilities may create new job opportunities and enhance local tax revenues. However, the legislature also finds that such operations […]

78.56.140 – Citizen action suits.

RCW 78.56.140 Citizen action suits. (1) Except as provided in subsections (2) and (5) of this section, any aggrieved person may commence a civil action on his or her own behalf: (a) Against any person, including any state agency or local government agency, who is alleged to be in violation of a law, rule, order, […]

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

RCW 78.56.150 Application of requirements to milling facilities not adjacent to mining operation. A milling facility which is not adjacent to or in the vicinity of the metals mining operation producing the ore to be milled and which processes precious or base metal ore by treatment or concentration is subject to the provisions of RCW […]

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.

RCW 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. (1) Until June 30, 1996, there shall be a moratorium on metals mining and milling operations using the heap leach extraction process. The department of natural resources and the department […]

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

RCW 78.56.901 Effective date—1994 c 232 §§ 1-5, 9-17, and 23-29. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and, with the exception of sections 6 through 8 and 18 through 22 of this act, shall take […]

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

RCW 78.56.902 Effective date—1994 c 232 §§ 6-8 and 18-22. Sections 6 through 8 and 18 through 22 of this act shall take effect July 1, 1995. [ 1994 c 232 § 31.]