AN ACT Relating to establishing surface mine reclamation permit fees;
SB 5319 establishes new permit-fee requirements for surface mine reclamation in Washington. The bill requires applicants for new reclamation permits, permit expansions, permit revisions, and permit combinations to pay nonrefundable application fees before the Department of Natural Resources acts on the request. It also creates annual permit fees for public and private surface mine reclamation permit holders, with different treatment for certain county-operated mines used exclusively for public works projects and for small mines with less than seven acres of disturbed area.
The bill also directs that production records, mineral assessments, and trade secrets submitted to the department by permit holders, mine operators, or landowners be kept confidential and not disclosed through public records requests. In addition, appeals of department determinations do not delay the obligation to pay annual fees, and failure to pay can lead to suspension of mining, civil penalties, or permit cancellation. The department may also use collection agencies to recover overdue fees or fines, and all collected fees are deposited into the surface mining reclamation account, with possible allocations to local governments that perform delegated enforcement.
SB 5319 amends Washington surface mining reclamation law, including RCW provisions governing permit applications, annual fees, confidentiality of submitted business information, enforcement, and fee collection. It creates a new fee structure for reclamation permits and expands the Department of Natural Resources’ authority to assess, collect, and enforce payment of those fees. The bill directly affects surface mine operators, landowners, counties, cities, towns, and public works projects that use mines, while also protecting certain proprietary information from disclosure.
The bill appears to have generally favorable support, as reflected by passage in both chambers and multiple do-pass votes in committee, including final passage in the Senate and House. However, the vote margins show meaningful opposition at several stages, suggesting that while the policy direction was acceptable to a majority, the fee levels and enforcement provisions were not universally supported. The House amended the bill before final passage, indicating some concern or desire for adjustment, but the bill ultimately advanced to enactment.
The main points of contention likely centered on the size and structure of the new fees, especially the $4,500 application fee and the $2,500 reclamation plan revision fee, as well as the $2,000 annual permit fee. Another likely issue was the burden on counties and public works-related mines, which receive limited reductions or waivers under certain conditions, and whether those exemptions were sufficient. The bill’s enforcement provisions—particularly that appeals do not stay fee payment and that nonpayment can trigger suspension, fines, or cancellation—may also have drawn concern from permit holders and industry stakeholders. The confidentiality provisions for production records, mineral assessments, and trade secrets likely addressed industry concerns, while public accountability and fee fairness may have been concerns for opponents.