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78.08.070 | Cut, excavation, tunnel or test hole in lieu of discovery shaft. | Any open cut, excavation or tunnel which cuts or exposes a lode and from which a total of two hundred cubic feet of material has been removed or in lieu thereof a test hole drilled on the lode to a minimum depth of twenty feet from the collar, shall hold the lode the same as if a discovery shaft were sunk thereon, and ... |
78.08.072 | Holding claim by geological, etc., survey—Report of survey. | Any geological, geochemical, or geophysical survey which reasonably involves a direct expenditure on or for the benefit of each claim of not less than the one hundred dollars worth of annual assessment work required under federal statute or regulations shall hold such claim for not more than two consecutive years or mo... |
78.08.075 | "Lode" defined. | The term "lode" as used in RCW 78.08.050 through 78.08.115 shall be construed to mean ledge, vein or deposit.
[ 1983 c 3 s 197 ; 1899 c 45 s 4 ; RRS s 8625. Formerly RCW 78.08.010 .] |
78.08.080 | Amended certificate of location. | If at any time the locator of any quartz or lode mining claim heretofore or hereafter located, or his or her assigns, shall learn that his or her original certificate was defective or that the requirements of the law had not been complied with before filing, or shall be desirous of changing his or her surface boundarie... |
78.08.081 | Assessment work, affidavit of work performed or affidavit of fees paid. | Within thirty days after the expiration of the period of time fixed for the performance of annual labor or the making of improvements upon any quartz or lode mining claim or premises, the person in whose behalf such work or improvement was made or some person for him or her knowing the facts, shall make and record in t... |
78.08.082 | Affidavit is prima facie evidence. | Such affidavit when so recorded shall be prima facie evidence of the performance of such labor or the making of such improvements, and such original affidavit after it has been recorded, or a certified copy of record of same, shall be received as evidence accordingly by all the courts of this state.
[ 1899 c 45 s 7 ; R... |
78.08.090 | Relocating abandoned claim. | The relocation of a forfeited or abandoned quartz or lode claim shall only be made by sinking a new discovery shaft, or in lieu thereof performing at least an equal amount of development work within the borders of the claim, and fixing new boundaries in the same manner and to the same extent as is required in making a ... |
78.08.100 | Location of placer claims. | The discoverer of placers or other forms of deposits subject to location and appropriation under mining laws applicable to placers shall locate his or her claim in the following manner: First. He or she must immediately post in a conspicuous place at the point of discovery thereon, a notice or certificate of location t... |
78.08.110 | Affidavit as proof. | The affidavit provided for in the last section, and the aforesaid placer notice or certificate of location when filed for record, shall be prima facie evidence of the facts therein recited. A copy of such certificate, notice or affidavit certified by the county auditor shall be admitted in evidence in all actions or pr... |
78.08.115 | Application of RCW78.08.050through78.08.115. | All locations of quartz or placer formations or deposits hereafter made shall conform to the requirements of RCW 78.08.050 through 78.08.115 insofar as the same are respectively applicable thereto.
[ 1983 c 3 s 199 ; 1899 c 45 s 12 ; RRS s 8633.] |
78.12.010 | Shafts, excavations to be fenced. | Any person or persons, company, or corporation who shall hereafter dig, sink or excavate, or cause the same to be done, or being the owner or owners, or in the possession, under any lease or contract, of any shaft, excavation or hole, whether used for mining or otherwise, or whether dug, sunk or excavated for the purpo... |
78.12.020 | Complaint—Contents. | Three persons being residents of the county, and knowing or having reason to believe that the provisions of RCW 78.12.010 are being or have been violated within such county, may file a notice with any district or municipal court therein, which notice shall be in writing, and shall state — First, the location, as near a... |
78.12.030 | Order to serve notice. | Upon the filing of the notice, as provided in RCW 78.12.020 , the district or municipal court shall issue an order, directed to the sheriff of the county or to any constable or city marshal therein, directing such officer to serve a notice in manner and form as is prescribed by law for service of summons upon any perso... |
78.12.040 | Notice—Contents—Civil and criminal penalties. | The notice thus served shall require the said persons to appear before the judge issuing the same, at a time to be stated therein, not more than ten nor less than three days from the service of said notice, and show to the satisfaction of the court that the provisions of this chapter have been complied with; or if said... |
78.12.050 | Suit in name of state—Disposition of proceeds. | Suits commenced under the provisions of this chapter shall be in the name of the state of Washington, and all judgments and fines collected shall be paid into the county treasury for county purposes: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the viola... |
78.12.060 | Procedure when shaft unclaimed. | If the notice filed with the district or municipal court, as aforesaid, shall state that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the court shall notify the county legislative authority of the location of the same, and they shall, as soon as possible thereafter, caus... |
78.12.061 | Safety cage in mining shaft—Regulations. | (1) It shall be unlawful for any person or persons, company or companies, corporation or corporations, to sink or work through any vertical shaft at a greater depth than one hundred and fifty feet, unless the shaft shall be provided with an iron-bonneted safety cage, to be used in the lowering and hoisting of the emplo... |
78.12.070 | Damage actions preserved. | Nothing contained in this chapter shall be so construed as to prevent recovery being had in a suit for damages for injuries sustained by the party so injured, or his or her heirs or administrator or administratrix, or anyone else now competent to sue in an action of such character.
[ 2013 c 23 s 250 ; 1890 p 123 s 9 ; ... |
78.16.010 | Leases authorized. | Whenever it shall appear to the board of county commissioners of any county in this state that it is for the best interests of said county and the taxing districts and the people thereof, that any mining claims, reserved mineral rights, or any other county owned or tax acquired property owned by the county, either abso... |
78.16.020 | Order for lease—Terms—Option to purchase. | When said commissioners, in their discretion, decide to lease said claims or properties as provided in RCW 78.16.010 , they shall enter an order to that effect upon their records and shall fix the duration and terms and conditions of said lease, and in case an option to purchase is given shall fix the purchase price, w... |
78.16.030 | Sale and conveyance. | Upon payment of the full purchase price, in cases where an option to purchase is given, a conveyance shall be executed to the purchaser by the chair of the board of county commissioners. Such conveyance shall refer to the order of the board authorizing such leasing with the option to purchase, and shall be deemed to co... |
78.16.040 | Option to surrender lands. | The lessee under any such petroleum lease shall have the option of surrendering any of the lands included in said lease at any time, and shall thereby be relieved of all liability with respect to such lands except the payment of accrued royalties as provided in said lease. Upon such surrender, the lessee shall have the... |
78.16.050 | Disposition of royalties and rentals. | Any royalties or rentals received by the said county under any lease entered into under the provisions of this chapter, shall be divided among the various taxing districts entitled thereto, in the same proportion and manner as the purchase money for said lands would have been divided in the event the said properties ha... |
78.16.060 | Surface rights. | Nothing in this chapter contained shall be construed as giving the county commissioners the right to lease the surface rights of tax acquired property, except that the lease of any property as in this chapter provided shall give the lessee the right to use such portions of the surface on said land as may be necessary o... |
78.16.070 | Damages to owner. | In the event said lease shall be for reserved mineral rights on lands previously sold by said county with mineral rights reserved, as provided in RCW 36.34.010 , said lease shall contain a provision that no rights shall be exercised under said lease by the lessee, his or her heirs, executors, administrators, successors... |
78.22.010 | Extinguishment of unused mineral rights authorized. | Any mineral interest, if unused for a period of twenty years, may be extinguished by the surface owner as set forth in RCW 78.22.050 and 78.22.060 .
[ 1984 c 252 s 1 .] |
78.22.020 | "Mineral interest" defined. | A mineral interest means the interest which is created by an instrument transferring, either by grant, assignment, or reservation, or otherwise an interest, of any kind, in any subsurface mineral.
[ 1984 c 252 s 2 .] |
78.22.030 | Acts constituting use of mineral interest. | A mineral interest is used if: (1) Any minerals produced have been in connection with the mineral interest; (2) Operations for injection, withdrawal, storage or disposal of water, gas, or other fluid substances have been conducted in connection with the mineral interest; (3) Rents or royalties have been paid for the pu... |
78.22.040 | Statement of claim—Contents—Fees—Filing. | The statement of claim referred to in RCW 78.22.030 (9) shall be filed by the current owner of the mineral interest prior to the end of the twenty-year period set forth in RCW 78.22.010 or within two years after June 7, 1984, whichever is later. The statement of claim shall contain the name and address of the current o... |
78.22.050 | Extinguishment of mineral interest—Procedure. | (1) After the later of the expiration of the twenty-year period set forth in RCW 78.22.010 or two years after June 7, 1984, the surface owner may extinguish the mineral interest held by another person and acquire ownership of that interest by providing sixty days notice of intention to file a claim of abandonment and e... |
78.22.060 | Presumption of extinguishment—Conditions—Statement of claim—Filing, recording, indexing. | Upon payment of fees provided in RCW 36.18.010 , and if the surface owner files the claim of abandonment and extinguishment, together with a copy of the notice and the affidavit of publication, as required in RCW 78.22.050 , in the county auditor's office for the county where such interest is located then the mineral i... |
78.22.070 | Statement of claim—Notice and affidavit of publication—Auditor's duties. | Upon receipt, the county auditor shall record a statement of claim or a notice and affidavit of publication in the dormant mineral interest index. When possible, the auditor shall also indicate by marginal notation on the instrument originally creating the mineral interest the recording of the statement of claim or not... |
78.22.080 | Exemptions from claim of abandonment and extinguishment. | Mineral interests retained or owned by any public entity or mineral interests resulting from land exchanges between public and private owners shall not be subject to a claim of abandonment and extinguishment.
[ 1984 c 252 s 8 .] |
78.22.090 | Waiver prohibited. | The provisions of this chapter may not be waived at any time prior to the expiration of the twenty-year period under RCW 78.22.010 .
[ 1984 c 252 s 9 .] |
78.44.010 | Legislative finding. | The legislature recognizes that the extraction of minerals by surface mining is an essential activity making an important contribution to the economic well-being of the state and nation. It is not possible to extract minerals without producing some environmental impacts. At the same time, comprehensive regulation of mi... |
78.44.011 | Intent. | The legislature recognizes that the extraction of minerals through surface mining has historically included regulatory involvement by both state and local governments. It is the intent of the legislature to clarify that surface mining is an appropriate land use, subject to reclamation authority exercised by the departm... |
78.44.020 | Purposes. | The purposes of this chapter are to: (1) Provide that the usefulness, productivity, and scenic values of all lands and waters involved in surface mining within the state will receive the greatest practical degree of protection and reclamation at the earliest opportunity following completion of surface mining; (2) Provi... |
78.44.031 | Definitions. | Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter. (1) "Approved subsequent use" means the post surface-mining land use contained in an approved reclamation plan and approved by the local land use authority. (2) "Completion of surface mining" means the cessati... |
78.44.040 | Administration of chapter—Rule-making authority. | The department of natural resources is charged with the administration of reclamation under this chapter. In order to implement and enforce this chapter, the department, under the administrative procedure act (chapter 34.05 RCW), may from time to time adopt those rules necessary to carry out the purposes of this chapte... |
78.44.045 | Surface mining reclamation account. | (1) The surface mining reclamation account is created in the state treasury. Annual mining fees, funds received by the department from state, local, or federal agencies for research purposes, as well as other mine-related funds and fines received by the department shall be deposited into this account. Except as otherwi... |
78.44.050 | Exclusive authority to regulate reclamation—Department may delegate enforcement authority to counties, cities, towns—Other laws not affected. | The department shall have the exclusive authority to regulate surface mine reclamation. No county, city, or town may require for its review or approval a separate reclamation plan or application. The department may, however, delegate some or all of its enforcement authority by contractual agreement to a county, city, o... |
78.44.055 | Surface mining of coal—Preemption of chapter by federal laws, programs. | In the event state law is preempted under federal surface mining laws relating to surface mining of coal or the department of natural resources determines that a federal program and its rules and regulations relating to the surface mining of coal are as stringent and effective as the provisions of this chapter, the pro... |
78.44.060 | Investigations, research, etc.—Dissemination of information. | The department shall have the authority to conduct, authorize, and/or participate in investigations, research, experiments, and demonstrations, and to collect and disseminate information relating to surface mining and reclamation of surface mined lands.
[ 1993 c 518 s 8 ; 1970 ex.s. c 64 s 7 .]
Captions — Severability ... |
78.44.070 | Cooperation with other agencies—Receipt and expenditure of funds. | The department may cooperate with other governmental and private agencies and agencies of the federal government, and may reasonably reimburse them for any services the department requests that they provide. The department may also receive any federal funds, state funds and any other funds and expend them for reclamati... |
78.44.081 | Reclamation permits required—Applications. | After July 1, 1993, no miner or permit holder may engage in surface mining without having first obtained a reclamation permit from the department. Operating permits issued by the department between January 1, 1971, and June 30, 1993, shall be considered reclamation permits. A separate permit shall be required for each ... |
78.44.083 | Reclamation permit—Refusal to issue. | The department shall refuse to issue a reclamation permit if it is determined during the SEPA process that the impacts of a proposed surface mine cannot be adequately mitigated. The department or county, city, or town may refuse to issue any other permit at any other location to any miner or permit holder who fails to ... |
78.44.085 | Application fee—Annual permit fee—Confidential records—Appeals—Collection of fees. | (1) An applicant: (a) For a revision of an existing reclamation permit or reclamation plan; (b) for an expansion of a permitted surface mine; (c) for a new reclamation permit under RCW 78.44.081 ; or (d) seeking to combine existing public or private surface mine reclamation permits, shall pay a nonrefundable applicatio... |
78.44.087 | Performance security required—Department authority. | (1) The department should ensure that a sufficient performance security is available to reclaim each surface mine permitted under this chapter. To ensure sufficient funds are available: (a) The department shall not issue a reclamation permit, except to public or governmental agencies, until the applicant has either dep... |
78.44.091 | Reclamation plans—Approval process. | An applicant shall provide a reclamation plan and copies acceptable to the department prior to obtaining a reclamation permit. The department shall have the sole authority to approve reclamation plans. Reclamation plans or modified reclamation plans submitted to the department after June 30, 1993, shall meet or exceed ... |
78.44.101 | Joint reclamation plans may be required. | Where two or more surface mines join along a common boundary, the department may require submission of a joint reclamation plan in order to provide for optimum reclamation or to avoid waste of mineral resources. Such joint reclamation plans may be in the form of a single collaborative plan submitted by all affected per... |
78.44.111 | Segmental reclamation—Primary objective. | The permit holder shall reclaim each segment of the mine within two years of completion of surface mining on that segment except as provided in a segmental reclamation agreement approved in writing by the department. The primary objective of a segmental reclamation agreement should be to enhance final reclamation.
[ 19... |
78.44.121 | Reclamation setbacks—Exemption. | Reclamation setbacks shall be as follows unless waived by the department: (1) The reclamation setback for unconsolidated deposits within mines permitted after June 30, 1993, shall be equal to the maximum anticipated height of the adjacent working face or as determined by the department. Setbacks and buffers may be dest... |
78.44.131 | Reclamation specifics—Basic objective—Modifications for metals mining and milling operations—Timeline. | The need for, and the practicability of, reclamation shall control the type and degree of reclamation in any specific instance. However, the basic objective of reclamation is to reestablish on a continuing basis the vegetative cover, slope stability, water conditions, and safety conditions suitable to the proposed subs... |
78.44.141 | Reclamation—Minimum standards—Waiver. | Reclamation of surface mines permitted after June 30, 1993, and reclamation of surface mine segments addressed by reclamation plans modified after June 30, 1994, shall meet the following minimum standards except as waived in writing by the department. (1) Prior to surface mining, permit holders shall carefully stockpil... |
78.44.151 | Reclamation plans—Modification, when required—SEPA. | (1) The permit holder may modify the reclamation plan at any time during the term of the permit provided that the modified reclamation plan meets the protections, mitigations, and reclamation goals of RCW 78.44.091 , 78.44.131 , and 78.44.141 . (2) The department may require a permit holder to modify the reclamation pl... |
78.44.161 | Reclamation compliance—Inspection of disturbed area—Special inspection requirements for metals mining and milling operations. | The department may order at any time an inspection of the disturbed area to determine if the miner or permit holder has complied with the reclamation permit, rules, and this chapter. The department shall have special inspection requirements for metals mining and milling operations regulated under chapter 232, Laws of 1... |
78.44.171 | Reclamation—Transfer of permits. | Reclamation permits shall be transferred to a subsequent permit holder and the department shall release the former permit holder from the duties imposed by this chapter if: (1) Both permit holders comply with all rules of the department addressing requirements for transferring a permit; and (2) Unless waived by the dep... |
78.44.181 | Reclamation—Report by permit holder on anniversary date. | On the anniversary date of the reclamation permit and each year thereafter until reclamation is completed and approved, the permit holder shall file a report of activities completed during the preceding year. The report shall be on a form prescribed by the department.
[ 1993 c 518 s 24 .]
Captions — Severability — Effe... |
78.44.190 | Deficiencies—Order to rectify—Time extension. | (1) The department may issue an order to rectify deficiencies to the following: (a) Any permit holder, miner, or other person who authorizes, directs, violates, or who directly benefits by contracting with or employing another to violate this chapter, the rules adopted by the department, a reclamation permit, or a recl... |
78.44.200 | Immediate danger—Emergency notice and order to rectify deficiencies—Emergency order to suspend surface mining. | When the department finds that a permit holder is conducting surface mining in any manner not authorized by: (1) This chapter; (2) The rules adopted by the department; (3) The approved reclamation plan; or (4) The reclamation permit; and that activity has created a situation involving an immediate danger to the public ... |
78.44.210 | Suspension of a reclamation permit. | The department, through the state geologist or assistant state geologist, may suspend a reclamation permit whenever a permit holder or surface mine is out of compliance with a final department order. The suspension order must be served on the permit holder by certified mail with return receipt requested or by personal ... |
78.44.220 | Declaration of abandonment—Reclamation—Subsequent miner. | The department may issue a declaration of abandonment when it determines that all surface mining has ceased for a period of one hundred eighty consecutive days not set forth in the permit holder's reclamation plan or when, by reason of inspection of the permit area, or by any other means, the department determines that... |
78.44.230 | Abandonment—Cancellation of the reclamation permit. | When the department determines that a surface mine has been abandoned, it may cancel the reclamation permit. The permit holder shall be informed of such actions by a department notification of illegal abandonment and cancellation of the reclamation permit.
[ 1993 c 518 s 30 .]
Captions — Severability — Effective date —... |
78.44.240 | Reclamation by the department—Order to submit performance security—Cost recovery. | The department may, with the staff, equipment, and material under its control, or by contract with others, reclaim the disturbed areas when it finds that reclamation has not occurred in any segment of a surface mine within two years of completion of mining or of declaration of abandonment and the permit holder is not a... |
78.44.250 | Fines—Civil penalties—Damage recovery. | Each order of the department may impose a fine or fines in the event that a miner or permit holder fails to obey the order of the department. When a miner or permit holder fails to comply with an order of the department, the miner or permit holder shall be subject to a civil penalty in an amount not more than ten thous... |
78.44.260 | Operating without permit—Penalty. | Any miner or permit holder conducting surface mining within the state of Washington without a valid reclamation permit shall be guilty of a gross misdemeanor. Surface mining outside of the permitted area shall constitute illegal mining without a valid reclamation permit. Each day of mining without a valid reclamation p... |
78.44.270 | Appeals—Standing. | Department determinations under this chapter may be appealed to the pollution control hearings board as provided in RCW 43.21B.230 . Only a person aggrieved within the meaning of RCW 34.05.530 has standing and can file an appeal.
[ 2010 c 210 s 32 ; 1993 c 518 s 35 ; 1989 c 175 s 166 ; 1970 ex.s. c 64 s 18 . Formerly R... |
78.44.280 | Underground operation—Surface disturbances subject to chapter. | Surface disturbances caused by an underground metals mining and milling operation are subject to the requirements of this chapter if the operation is proposed after June 30, 1999. An operation is proposed when an agency is presented with an application for an operation or expansion of an existing operation having a pro... |
78.44.300 | Reclamation awards—Recognition of excellence. | The department shall create reclamation awards in recognition of excellence in reclamation or reclamation research. Such awards shall be presented to individuals, miners, operators, companies, or government agencies performing exemplary surface mining reclamation in the state of Washington. The department shall designa... |
78.44.310 | Reclamation consulting—No cost service. | The department shall establish a no-cost consulting service within the department to assist miners, permit holders, local government, and the public in technical matters related to mine regulation, mine operations, and reclamation. The department shall prepare concise, printed information for the public explaining surf... |
78.44.320 | Definitions applicable to RCW78.44.330. | The definitions in this section apply throughout RCW 78.44.330 unless the context clearly requires otherwise. (1) "Bedrock sluice" means a wood or metal flume or trough that is permanently attached to the bedrock of the creek and is equipped with transverse riffles across the bottom of the unit and used to recover heav... |
78.44.330 | Mineral trespass—Penalty. | (1) A person commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder or person conducting the mining operation: (a) Interferes with a lawful mining operation or stops, or causes to be stopped, a lawful mining operation; (b) Enters a mining claim posted as require... |
78.44.340 | Mineral trespass—Limitation on application. | (1) RCW 78.44.330 does not apply to conduct that would otherwise constitute an offense when it is required or authorized by law or judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties, or functions. (2) As used in subsection (1) of this section, "laws or judicial dec... |
78.44.350 | Blanket performance security. | (1) A permit holder, in lieu of an individual performance security for each mining site, may file a blanket performance security with the department for their group of permits. (2) The department may reduce the required performance security calculated from its standard method prescribed in RCW 78.44.087 , to an amount ... |
78.44.360 | Performance security insufficient to cover cost of reclamation—Lien established in favor of department. | (1) To the extent a performance security is insufficient to cover the cost of reclamation performed by the department, a lien shall be established in favor of the department upon all of the permit holder's real and personal property. (2) The lien attaches upon the filing of a notice of claim of lien with the county cle... |
78.44.370 | Notice of correction. | (1) The department may issue a notice of correction to the following: (a) Any permit holder, miner, or other person who authorizes, directs, violates, or who directly benefits by contracting with or employing another to violate this chapter, the rules adopted by the department, a reclamation permit, or a reclamation pl... |
78.44.380 | Stop work orders. | (1) The department may issue an order to stop all surface mining to any permit holder, miner, or other person who authorizes, directs, or conducts such activities without a valid surface mine reclamation permit. This order is effective upon issuance unless otherwise stated in the order. Administrative appeal of the ord... |
78.44.390 | Cancellation of a reclamation permit. | (1) In addition to the department's other authority to cancel a reclamation permit, a permit holder may seek cancellation of its reclamation permit in favor of a local development or construction permit. A permit holder may request cancellation of its reclamation permit and release of its performance security when: (a)... |
78.44.910 | Previously mined land. | Miners and permit holders shall not be required to reclaim any segment where all surface mining was completed prior to January 1, 1971. However, the department shall make an effort to reclaim previously abandoned or completed surface mining segments.
[ 1993 c 518 s 36 ; 1970 ex.s. c 64 s 22 .]
Captions — Severability —... |
78.44.920 | Effective date—1970 ex.s. c 64. | This act shall become effective January 1, 1971.
[ 1970 ex.s. c 64 s 23 .] |
78.52.001 | Declaration of purpose. | It is hereby declared to be in the public interest to foster, encourage, and promote the exploration, development, production, and utilization of oil and gas in the state in such manner as will prevent waste; to authorize and to provide for the operation and development of oil and gas properties in such manner as to as... |
78.52.010 | Definitions. | For the purposes of this chapter, unless the text otherwise requires, the following terms shall have the following meanings: (1) "Certificate of clearance" means a permit prescribed by the department for the transportation or the delivery of oil, gas, or product. (2) "Department" means the department of natural resourc... |
78.52.025 | Hearings and meetings of department. | The department shall hold hearings or meetings at such times and places as may be found by the department to be necessary to carry out its duties. The department may establish its own rules for the conduct of public hearings or meetings consistent with other applicable law.
[ 1994 sp.s. c 9 s 810 ; 1983 c 253 s 3 ; 195... |
78.52.030 | Employment of personnel. | The department shall employ all personnel necessary to carry out the provisions of this chapter.
[ 1994 sp.s. c 9 s 811 ; 1951 c 146 s 6 .]
Severability — Headings and captions not law — Effective date — 1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902 . |
78.52.031 | Conduct of hearings—Evidence. | The department may subpoena witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it. No person shall be excused from attending and testifying, or from producing books, papers, and records before the department or a court, o... |
78.52.032 | Hearing examiners. | In addition to the powers and authority, either express or implied, granted to the department by virtue of the laws of this state, the department may, in prescribing its rules of order or procedure in connection with hearings or other proceedings before the department, provide for the appointment of one or more examine... |
78.52.033 | Failure of witness to attend or testify—Contempt. | In case of failure or refusal on the part of any person to comply with a subpoena issued by the department or in case of the refusal of any witness to testify as to any matter regarding which the witness may be interrogated, any superior court in the state, upon the application of the department, may compel the person ... |
78.52.035 | Attorney for department. | The attorney general shall be the attorney for the department, but in cases of emergency, the department may call upon the prosecuting attorney of the county where the action is to be brought, or defended, to represent the department until such time as the attorney general may take charge of the litigation.
[ 1994 sp.s... |
78.52.037 | State oil and gas supervisor—Deputy supervisors—Employment of personnel. | The department shall designate a state oil and gas supervisor who shall be charged with duties as may be delegated by the department. The department may designate one or more deputy supervisors and employ all personnel necessary including the appointment of examiners as provided in RCW 78.52.032 to carry out this chapt... |
78.52.040 | Duty and powers of department—In general. | The department shall administer and enforce the provisions of this chapter by the adoption of policies, and all rules, regulations, and orders promulgated hereunder, and the department has jurisdiction, power, and authority, over all persons and property, public and private, necessary to enforce effectively such duty.
... |
78.52.050 | Rules, regulations, and orders—Time and place of hearing—Notices. | The department may make such reasonable rules, regulations, and orders as may be necessary from time to time for the proper administration and enforcement of this chapter. Unless otherwise required by law or by this chapter or by rules of procedure made under this chapter, the department may make such rules, regulation... |
78.52.070 | Hearing upon petition—Time for action. | Any interested person shall have the right to have the department call a hearing for the purpose of taking action with respect to any matter within the jurisdiction of the department by filing a verified written petition therefor, which shall state in substance the matter and reasons for and nature of the action reques... |
78.52.100 | Records—Copies as evidence—Copies to be furnished. | All rules, regulations, policies, and orders of the department, all petitions, copies of all notices and actions with affidavits of posting, mailing, or publications pertaining thereto, all findings of fact, and transcripts of all hearings shall be in writing and shall be entered in full by the department in the perman... |
78.52.120 | Drilling permit required—Notice. | Any person desiring or proposing to drill any well in search of oil or gas, before commencing the drilling of any such well, shall apply to the department upon such form as the department may prescribe, and shall pay to the state treasurer a fee of the following amounts for each application: (1) For each well the estim... |
78.52.125 | Environmental impact statement required when drilling affects surface waters of the state—Drilling may be denied, when. | Any person desiring or proposing to drill any well in search of oil or gas, when such drilling would be conducted through or under any surface waters of the state, shall prepare and submit an environmental impact statement upon such form as the department of ecology shall prescribe at least one hundred and twenty days ... |
78.52.130 | Waste prohibited. | Waste of oil and gas, as defined in this chapter, is prohibited.
[ 1951 c 146 s 15 .] |
78.52.140 | Carbon black and carbon products—Permit required. | The use of gas from a well producing gas only, or from a well which is primarily a gas well, for the manufacture of carbon black or similar products predominantly carbon, is declared to constitute waste prima facie, and such gas well shall not be used for any such purpose unless it is clearly shown, at a public hearing... |
78.52.150 | Investigations authorized. | The department shall make such investigations as it may deem proper to determine whether waste exists or is imminent or whether other facts exist which justify action by the department.
[ 1994 sp.s. c 9 s 824 ; 1951 c 146 s 17 .]
Severability — Headings and captions not law — Effective date — 1994 sp.s. c 9: See RCW 18... |
78.52.155 | Investigations—Powers and duties. | (1) The department shall make investigations as necessary to carry out this chapter. (2) The department shall require: (a) Identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil or gas; (b) The making and filing of well logs... |
78.52.200 | Development units authorized for known pools. | When necessary to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights including those of royalty owners, the department, upon its own motion or upon application of interested persons, shall establish development units covering any known pool. Development units shall be of uniform... |
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