WAC 332-18-01001   Delegation of enforcement to counties.  (1) The department may delegate enforcement of surface mine reclamation to a county: Provided, That the county agrees to:

     (a) Enforce all provisions of the act, these rules, and the approved reclamation plan;

     (b) Continuously employ enough qualified mine regulatory personnel to achieve the purposes of the act and these rules;

     (c) Assume full responsibility for all aspects of enforcement that are described in the contract between the department and the county;

     (d) Provide the department with copies of all documents related to enforcement; and

     (e) Comply with all related written policies of the department.

     (2) Such delegation shall be through a contract with the county.

     (3) The department shall audit the performance of the county to assure that there is compliance with the enforcement provisions of the act and these rules. If the department determines that the county has failed to adequately and fairly enforce the act and these rules to the department's satisfaction, then the county shall be given written notice describing the deficiencies. If the county is unable to correct the deficiencies within the following six months, then the department may revoke the delegation.

     (4) The department shall maintain sole authority to approve reclamation plans, to issue reclamation permits, to issue declarations of abandonment, to cancel reclamation permits, and to develop reclamation regulations and standards.



[Statutory Authority: RCW 78.44.040, 34.05.220, 43.21C.135 and 78.44.250. 94-14-051, § 332-18-01001, filed 6/30/94, effective 8/2/94.]