Current through Register Vol. 24-18, September 15, 2024
In setting the amount of a civil penalty imposed
under
RCW 78.44.087, the
department shall consider the following base penalty schedule:
(1) Category I. Fines of two
hundred fifty dollars may be levied for each violation of the
following:
(a) Failure to post the
reclamation plan at the mine site if directed to do so by the
department;
(b) Failure
to install or maintain monuments;
(c) Failure to provide a new
reclamation plan upon request;
(d) Failure to provide requisite
solid waste permits to the department;
(e) Failure to route or provide
drainage so that reclaimed surfaces are protected from erosion or
mass wasting; and/or
(f)
Excavation within the reclamation setbacks.
(2) Category II. Fines of five
hundred dollars may be levied for each violation of the following:
(a) Failure to pay annual
fees;
(b) Unauthorized
sale of, or backfilling with, topsoil needed for
reclamation;
(c) Failure
to revegetate a segment within the first appropriate growing
season;
(d) Surface
mining outside the reclamation permit area;
(e) Failure to protect adjacent
properties from erosion or slope failure;
(f) Failure to compact fill used
for reclamation if such failure results in slope failure;
and/or
(g) Any violation
of an order of the department.
(3) Category III. Fines of one
thousand dollars per day to a maximum of ten thousand dollars per day
may be levied seven days per week for each violation of the
following:
(a) Surface mining
without a reclamation permit;
(b) Failure to provide performance
security upon request;
(c) Failure to remove noxious,
combustible, or compactible materials from the mine site;
(d) Failure to complete reclamation
of a segment within two years after cessation of
operations;
(e) Failure
to comply with an emergency order of the department; and/or
(f) Failure to comply when more
than one order of the department has been issued for the same
violation.
Statutory Authority:
RCW 78.44.040,
34.05.220,
43.21C.135 and
78.44.250. 94-14-051,
§ 332-18-05004, filed 6/30/94, effective
8/2/94.
