WAC 332-18-05004. Fines, base penalties schedule

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.