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OSM Seal Subchapter T
Part 947, Washington
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Following are the Office of Surface Mining regulations (30 CFR Parts 947.700 - 947.955) updated through April 2, 2001. To find specific references (words or Section numbers) use you browser "find in page" feature, or the index.
SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
     EACH STATE   
PART 947 -- WASHINGTON

Sec.
947.700   Washington Federal Program
947.701   General
947.702        Exemption for coal extraction incidental to the extraction of other minerals
947.707        Exemption for coal extraction incident to government-financed highway or other construction
947.761        Areas designated unsuitable for surface coal mining by Act of Congress
947.762        Criteria for designating areas as unsuitable for surface coal mining operations
947.764        Process for designating areas unsuitable for surface coal mining operations
947.772        Requirements for coal exploration
947.773        Requirements for permits and permit processing
947.774        Revision; renewal; and transfer, assignment, or sale of permit rights
947.775        Administrative and judicial review of decisions
947.777        General content requirements for permit applications
947.778        Permit applications   Minimum requirements for legal, financial, compliance, and related
               information
947.779        Surface mining permit applications   Minimum requirements for information on environmental
               resources
947.780        Surface mining permit applications   Minimum requirements for reclamation and operation plan 
947.783        Underground mining permit applications   Minimum requirements for information on
               environmental resources
947.784        Underground mining permit applications   Minimum requirements for reclamation and operation
               plan
947.785        Requirements for permits for special categories of mining
947.795        Small operator assistance program
947.800        Requirements for bonding of surface coal mining and reclamation operations
947.815        Performance standards   Coal exploration
947.816        Performance standards   Surface mining activities
947.817        Performance standards   Underground mining activities
947.819        Special performance standards   Auger mining
947.822        Special performance standards   Operations on alluvial valley floors
947.823        Special performance standards   Operations on prime farmland
947.824        Special performance standards   Mountaintop removal
947.827        Special performance standards   Coal preparation plants not located within the permit area of a
               mine
947.828        Special performance standards   In situ processing
947.842        Federal inspections
947.843        Federal enforcement
947.845        Civil penalties
947.846        Individual civil penalties
947.955   Certification of blasters.          

AUTHORITY: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L 100-34. 

SOURCE: 48 FR 7883, Feb. 24, 1983, unless otherwise noted.

[For the list of Final Rules affecting these sections, as published in the Federal Register, see 
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]

30 CFR Sec. 947.700      Washington Federal program.  

    (a) This part contains all rules that are applicable to surface coal mining operations in Washington which have
been adopted under the Surface Mining Control and Reclamation Act of 1977.  

    (b) Most of the rules in this part cross-reference pertinent parts of the permanent program regulations in this
chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Washington
Federal program.  

    ( c) The rules in this part apply to all surface coal mining operations in Washington conducted on non-Federal and
non-Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in Washington.  

    (d) The information collection requirements contained in this part do not require approval by the Office of
Management and Budget under 44 U.S.C. 3507 because there are fewer than ten respondents annually.  

    (e) The following provisions of Washington laws generally provide for more stringent environmental control and
regulation of some aspects of surface coal mining operations than do the provisions of the Surface Mining Control
and Reclamation Act and the regulations in this chapter. Therefore, pursuant to section 505(b) of the Act, they shall
not generally be construed to be inconsistent with the Act, unless in a particular instance the rules in this Chapter are
found by OSM to establish more stringent environmental controls:  

    (1) Washington Clean Air Act, RCW 70.94.  

    (2) Washington Food Fish and Shell Fish Laws pertaining to the Department of Fisheries on operation in streams,
RCW 75.  

    (3) Washington Hydraulic Projects Approval Law, RCW 75.20.100.  

    (4) Washington Forest Practices Act, RCW 76.09.  

    (5) Washington Water Code, RCW 90.03.  

    (6) Washington Water Pollution Control Act, RCW 90.48. 

    (7) Washington Minimum Water Flows and Levels Act, RCW 90.22.  

    (8) Washington Shoreline Management Act, RCW 90.58.  

    (9) Washington Pesticide Control Act, RCW 15.58.  

    (f) The following are the Washington law and regulations that generally interfere with the achievement of the
purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, preempted and
superseded. Other Washington laws may in an individual situation interfere with the purposes and achievements of
the Act and may be preempted and superseded with respect to the performance standards of Secs. 947.815 through
947.828 as they affect a particular coal exploration or surface mining operation by publication of a notice to that
effect in the Federal Register.  

    (1) The Washington Surface Mining Act of 1971, Revised Code of Washington (RCW) 78.44, as related to
surface coal mining, except to the extent that it regulates surface coal mining operations which affect two acres or
less or which otherwise are not regulated by the Surface Mining Control and Reclamation Act.  

    (2) Surface Mined Land Reclamation regulations, Washington Administrative Code (WAC) 332-18, as they apply
to surface coal mining, except to the extent that such regulations apply to surface coal mining operations which affect
two acres or less or which otherwise are not regulated by the Surface Mining Control and Reclamation Act.  

    (g) The Secretary may grant a limited variance from the performance standards of Secs. 947.815 through 947.828
of this part if the applicant for coal exploration approval or a surface coal mining reclamation permit submitted
pursuant to Secs. 947.772 through 947.785 of this part demonstrates in the application:  

    (1) That such a variance is necessary because of the nature of the terrain, climate, biological, chemical, or other
relevant physical conditions in the area of the mine; and  

    (2) If applicable, that the proposed variance is no less effective than the environmental protection requirements of
the regulations in this program and is consistent with the Act.  

[48 FR 7883, Feb. 24, 1983, as amended at 52 FR 13815, Apr. 24, 1987]  

30 CFR Sec. 947.701      General.  

    (a) Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15, and part 701 of this chapter shall apply to surface coal
mining operations in Washington.  

    (b) The following modified definitions shall be applicable under Sec. 701.5 of this chapter:  

    (1) Arid and semiarid area means, in the context of alluvial valley floors, an area of the interior western United
States, west of the 100th meridian west longitude, experiencing water deficits, where water use by native vegetation
equals or exceeds that supplied by precipitation. All coalfields located in North Dakota west of the 100th meridian
west longitude, all coalfields in Montana, Wyoming, Utah, Colorado, New Mexico, Idaho, Nevada, and Arizona, the
Eagle Pass field in Texas, and the Stone Canyon and the Ione fields in California are in arid and semiarid areas,
except that all coalfields located in the State of Washington west of the crest of the Cascade Mountain Range are not
in arid or semiarid areas.  

    (2) Forestry (Forest Land). Includes land used or managed for the long-term production of wood, wood fiber, or
wood derived products. All land which is capable of supporting a merchantable stand of timber and is not being
actively used in a manner or for a use which is incompatible with timber growing is also included. Land used for
facilities in support of forest harvest and management operations which is adjacent to or an integral part of these
operations is also included.  

    ( c) Records required by Sec. 701.14 of this chapter to be made available locally to the public shall be retained at
the county recorder's office of the county in which an operation is located, and at the nearest OSM Field Office.  

[48 FR 7883, Feb. 24, 1983, as amended at 48 FR 22292, May 18, 1983]  

30 CFR Sec. 947.702      Exemption for coal extraction incidental to the extraction of other minerals.  

    Part 702 of this chapter, Exemption for Coal Extraction Incidental to the Extraction of Other Minerals, shall apply
to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial
use or sale.  

[54 FR 52123, Dec. 20, 1989]  

30 CFR Sec. 947.707      Exemption for coal extraction incident to government-financed highway or other
                         construction.  

    Part 707 of this chapter, Exemption for Coal Extraction Incident to Government-Financed Highway or Other
Construction, shall apply to surface coal mining and reclamation operations.  


30 CFR Sec. 947.761      Areas designated unsuitable for surface coal mining by act of Congress.  

    Part 761 of this chapter, Areas Designated by Act of Congress, shall apply to surface coal mining and reclamation
operations.  

30 CFR Sec. 947.762      Criteria for designating areas as unsuitable for surface coal mining operations.  

    Part 762 of this chapter, Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations, shall
apply to surface coal mining and reclamation operations.  

30 CFR Sec. 947.764      Process for designating areas unsuitable for surface coal mining operations.  

    (a) Part 764 of this chapter, State Processes for Designating Areas Unsuitable for Surface Coal Mining
Operations, pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory
systems, public information, and regulatory responsibilities shall apply to surface coal mining and reclamation
operations.  

    (b) The Secretary shall notify the Washington Department of Natural Resources and the Department of Ecology of
any area designated unsuitable or for which such designation has been requested or terminated.  

30 CFR Sec. 947.772      Requirements for coal exploration.  

    (a) Part 772 of this chapter, Requirements for Coal Exploration, shall apply to any person who conducts or seeks
to conduct coal exploration operations.  

    (b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant
that the application is being reviewed, but that more time is necessary to complete such review, setting forth the
reasons and the additional time that is needed.  

[52 FR 13816, Apr. 24, 1987]  

30 CFR Sec. 947.773      Requirements for permits and permit processing.  

    (a) Part 773 of this chapter, Requirements for Permits and Permit Processing, shall apply to any person who
applies for a permit for surface coal mining and reclamation operations.  

    (b) In addition to the requirements of part 773, the following permit application review procedures shall apply:  

    (1) Any person applying for a permit shall submit five copies of the application to the Office.  

    (2) The Office shall review an application for administrative completeness and acceptability for further review and
shall notify the applicant in writing of the findings. The Office may:  

    (i) Reject a flagrantly deficient application, notifying the application of the findings:  

    (ii) Request additional information required for completeness stating specifically what information must be
supplied and negotiate the date by which the information must be submitted; or  

    (iii) Judge the application administratively complete and acceptable for further review.  

    (3) Should the applicant not submit the information as required by Sec. 947.773(b)(2)(ii) by the specified date, the
Office may reject the application. When the applicant submits the required information by the specified date, the
Office shall review it and advise the applicant concerning its acceptability.  

    (4) When the applicant is judged administratively complete, the applicant shall be advised by the Office to file the
public notice required by Sec. 773.6 of this chapter.  

    (5) A representative of the Office shall visit the proposed permit area to determine whether the operation and
reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of
the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil
storage areas, sediment control structures, roads, and other significant features contained in the application marked
by flags.  

    ( c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to
submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the
Act.  

    (d) The Secretary shall coordinate, to the extent practicable, his responsibilities under the following Federal laws
with the relevant Washington State laws to avoid duplication:  
________________________________________________________________________________

Federal law                   Washington law

(1) Clean Water Act, as amended         Water Pollution Control Act, Chapter 90.48 RCW
 33 U.S.C. 1251 et seq.

(2) Clean Air Act, as amended      Washington Clean Air Act, Chapter 70.94 RCW.
 42 U.S.C. 7401 et seq.

(3) Resource Conservation and           Solid Waste Management, Chapter 70.95 RCW:
 Recovery Act, 42 U.S.C. 3251       Hazardous Waste Disposal Act, Chapter 70.105 RCW.

(4) National Historic Preservation           Indian Graves and Records, Chapter 27.44.
 Act, RCW, 16 U.S.C. 470 et seq.

(5) Archeological and Historic          Archeological Sites and Resources, Chapter 27.53 RCW,
 Preservation Act,             Office of Archeology and Historic Preservation, Chapter 43.51A,
 16 U.S.C. 469 et seq.              RCW.

(6) National Environmental Policy        State Environmental Policy Act, Chapter 43.21C RCW.
 42 U.S.C. 4321 et seq.

(7) Coastal Zone Management Act         Shoreline Management Act, Chapter 90.58, RCW.
 16 U.S.C. 1451, 1453-1464.

(8) Section 208 of the Clean Water Act, Water Pollution Control Act, Chapter 90.48 RCW:
 as amended, 33 U.S.C. 1251 et seq.      Washington Forest Practices Act, Chapter 76.09 RCW.

(9) Endangered Species Act,        Natural Area Preserves Act (Plants), Chapter 79.70, RCW:
 16 U.S.C. 1531 et seq.             Department of Game, Chapter 43.17 RCW:
                          Game Commission, Chapter 77.08, RCW.

(10) Fish and Wildlife Coordination     Water Resources Act of 1971, Chapter 90.54 RCW: 
 Act 16 U.S.C. 661-667              Minimum Water Flows and Levels, Chapter 90.22 RCW.

(11) Noise Control Act, 42 U.S.C. 4903  Noise Control Act of 1974, Chapter 70.107 RCW.

(12) Bald Eagle Protection Act
 16 U.S.C. 668-668(d)
________________________________________________________________________________

     (e) The Secretary shall coordinate the SMCRA permit with appropriate State and regional or local agencies to the
extent possible, to avoid duplication with the following state and regional or local regulations:  

    (1) Department of Ecology:  
     Surface Water Rights Permit, RCW 90.03.250  
     Dam Safety Approval, RCW 90.03.350  
     Reservoir Permit, RCW 90.03.370  
     Approval of Change of Place or Purpose of Use (water) RCW 90.03.380  
     Ground Water Permit, RCW 90.44.050  
     New Source Construction Approval, RCW 79.94.152  
     Burning Permit, RCW 70.94.650  
     Flood Control Zone Permit, RCW 86.16.080  
     Waste Discharge Permit, RCW 90.48.180  
     National Pollution Discharge Elimination System (NPDES) Permit, RCW 90.48  
     Approval of Change of Point of Diversion, RCW 90.03.380  
     Sewage Facilities Approval, RCW 90.48.110  
     Water Quality Certification, RCW 90.48.160  

    (2) Department of Natural Resources:  
     Burning Permit, RCW 77.04.150 & .170  
     Dumping Permit, RCW 76.04.242  
     Operating Permit for Machinery, RCW 76.04.275  
     Cutting Permit, RCW 76.08.030  
     Forest Practices, RCW 76.09.060  
     Right of Way Clearing, RCW 76.04.310  
     Drilling Permit, RCW 78.52.120  

    (3) Regional Air Pollution Control Agencies:  
     New Source Construction Approval (RCW 70.94.152)  
     Burning Permit, RCW 70.94.650 

    (4) Department of Fisheries:  
     Hydraulic Permit, RCW 75.20  

    (5) Department of Game:  
     Hydraulic Permit, RCW 75.20.100  

    (6) Department of Social Health Services:  
     Public Sewage, WAC 248.92  
     Public Water Supply, WAC 248.54  

    (7) Department of Labor and Industries:  
     Explosive license, RCW 70.74.135  
     Blaster's license, WAC 296.52.040
     Purchaser's license, WAC 296.52.220  
     Storage Magazine license, WAC 296.52.170  

    (8) Cities and Counties:  
     New Source Construction Approval. RCW 70.94.152  
     Burning Permit, RCW 79.94.650  
     Shoreline Substantial Development Permit, RCW 90.58.140  
     Zoning and Building Permits, Local Ordinances  

    (f) Where applicable, no person shall conduct coal exploration operations which result in the removal of more than
250 tons in one location or surface coal mining and reclamation operations without first obtaining permits required
by the State of Washington.  

    (g) The Secretary shall provide a copy of the decision to grant or deny a permit application to the Washington
Department of Natural Resources, the Department of Ecology and to the County Department of Planning, if any, in
which the operation is located.  

[52 FR 13816, Apr. 24, 1987; 65 FR 79582, 79672, Dec. 19, 2000]  

[EFFECTIVE DATE NOTE: 65 FR 79582, 79672, Dec. 19, 2000, amended paragraph (b)(4), effective Jan. 18,
2001.] 

30 CFR Sec. 947.774      Revision; renewal; and transfer, assignment, or sale of permit rights.  

    (a) Part 774 of this chapter, Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights, shall apply to
any such actions involving surface coal mining and reclamation operations permits.  

    (b) Any revision to the approved permit will be subject to review and approval by OSMRE.  

    (1) Significant revisions shall be processed as if they are new applications in accordance with the public notice
and hearing provisions of Secs. 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775.  

    (2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of
receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall
notify the applicant that the application is being reviewed, but that more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.  

    ( c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be
adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any
Federal, State, or local government agency, may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement required by Sec. 774.17(b)(2) of this chapter or
receipt of an administratively complete application, whichever is later.  

[52 FR 13817, Apr. 24, 1987; 65 FR 79582, 79672, Dec. 19, 2000]  

[EFFECTIVE DATE NOTE: 65 FR 79582, 79672, Dec. 19, 2000, amended paragraph (b)(1), effective Jan. 18,
2001.] 

30 CFR Sec. 947.775      Administrative and judicial review of decisions.  

    Part 775 of this chapter, Administrative and Judicial Review of Decisions, shall apply to all decisions on permits.  

[52 FR 13817, Apr. 24, 1987]  

30 CFR Sec. 947.777      General content requirements for permit applications.  

    Part 777 of this chapter, General Content Requirements for Permit Applications, shall apply to any person who
applies for a permit to conduct surface coal mining and reclamation operations.  

[52 FR 13817, Apr. 24, 1987]  

30 CFR Sec. 947.778      Permit applications -- minimum requirements for legal, financial, compliance, and related
                         information.  

    Part 778 of this chapter, Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and
Related Information, shall apply to any person who applies for a permit to conduct surface coal mining and
reclamation operations.  

[52 FR 13817, Apr. 24, 1987]  

30 CFR Sec. 947.779      Surface mining permit applications -- minimum requirements for information on
                         environmental resources.  

    Part 779 of this chapter, Surface Mining Permit Applications--Minimum Requirements for Information on
Environmental Resources, shall apply to any person who makes application to conduct surface coal mining and
reclamation operations.  

30 CFR Sec. 947.780      Surface mining permit application -- minimum requirements for reclamation and
                         operation plan.  

    (a) Part 780 of this chapter, Surface Mining Permit Application--Minimum Requirements for Reclamation and
Operation Plan, shall apply to any person who makes application to conduct surface coal mining and reclamation
operations, except for Sec. 780.15(a) of that part.  

    (b) Any applicant for a surface coal mining permit which is to produce more than 1,000,000 tons per year shall
demonstrate compliance with local Air Pollution Control Authorities and the Washington Clean Air Act, RCW
70.94.  

    ( c) Any applicant for a surface mining permit shall describe the steps taken to comply with the Washington Water
Pollution Control Act, RCW 90.48.  

[48 FR 7883, Feb. 24, 1983, as amended at 48 FR 22292, May 18, 1983]  

30 CFR Sec. 947.783      Underground mining permit applications -- minimum requirements for information on
                         environmental resources.  

    Part 783 of this chapter, Underground Mining Permit Applications--Minimum Requirements for Information on
Environmental Resources, shall apply to any person who submits an application to conduct underground coal mining
operations.  

30 CFR Sec. 947.784      Underground mining permit applications -- minimum requirements for reclamation and
                         operation plan.  

    (a) Part 784 of this chapter, Underground Mining Permit Applications--Minimum Requirements for Reclamation
and Operation Plan, shall apply to any person who makes application to conduct underground coal mining
operations.  

    (b) Any application for an underground mining permit which will produce more than 1,000,000 tons per year shall
demonstrate specific compliance with local Air Pollution Control Authorities and the Washington Clean Air Act,
RCW 70.94.  

    ( c) Any applicant for an underground mining permit shall also indicate how compliance will be achieved with the
Washington Water Pollution Control Act, RCW 90.48.  

30 CFR Sec. 947.785      Requirements for permits for special categories of mining.  

    Part 785 of this chapter, Requirements for Permits for Special Categories of Mining, shall apply to each person
who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations
as specified therein.  

30 CFR Sec. 947.795      Small operator assistance.  

    Part 795 of this chapter, Small Operator Assistance, shall apply to any person making application for assistance
under the small operator assistance program.  

30 CFR Sec. 947.800      Requirements for bonding of surface coal mining and reclamation operations.  

    Part 800 of this chapter, Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under
Regulatory Programs, shall apply to all surface coal mining and reclamation operations.  

30 CFR Sec. 947.815      Performance standards -- coal exploration.  

    (a) Part 815 of this chapter, Permanent Program Performance Standards--Coal Exploration, shall apply to any
person conducting coal exploration operations.  

    (b) Any person who conducts coal exploration operations shall comply with the Washington Forest Practices Act,
RCW 76.09, and regulations promulgated pursuant to it.  

30 CFR Sec. 947.816      Performance standards -- surface mining activities.  

    (a) Part 816 of this chapter, Permanent Program Performance Standards--Surface Mining Activities, shall apply to
any person who conducts surface coal mining and reclamation operations.  

    (b) All operators shall have a plan of reclamation approved by the Washington Department of Fisheries for
operation in affected streams, RCW 75, and shall comply with the Hydraulic Project Approval Law, RCW
75.20.100, the Shoreline Management Act, RCW 90.58, the Forest Practices Act, RCW 76.09, the Water Pollution
Control Act, RCW 90.48, the Minimum Water Flows and Levels Act, RCW 90.22, and the Pesticide Control Act,
RCW 15.58, and regulations promulgated pursuant to these laws.  

30 CFR Sec. 947.817      Performance standards -- underground mining activities.  

    (a) Part 817 of this chapter, Permanent Program Performance Standards--Underground Mining Activities, shall
apply to any person who conducts underground coal mining operations.  

    (b) All operators shall have a plan of reclamation approved by the Washington Department of Fisheries for
operation in affected streams, RCW 75, and shall comply with the Hydraulic Project Approval Law, RCW
75.20.100, the Shoreline Management Act, RCW 90.58, the Forest Practices Act, RCW, 76.09, the Water Pollution
Control Act, RCW 90.48, the Minimum Water Flows and Levels Act, RCW 90.22, the Pesticide Control Act, RCW
15.58, and the Washington Water Code, RCW 90.03, and regulations promulgated pursuant to these laws.  

30 CFR Sec. 947.819      Special performance standards -- auger mining.  

    Part 819 of this chapter, Special Permanent Program Performance Standards--Auger Mining, shall apply to any
person who conducts surface coal mining operations which include auger mining.  

30 CFR Sec. 947.822      Special performance standards -- operations on alluvial valley floors.  

    Part 822 of this chapter, Special Performance Standards--Operations on Alluvial Valley Floors, shall apply to any
person who conducts surface coal mining and reclamation operations on alluvial valley floors, except in those
coalfields in Washington west of the crest of the Cascade Mountain Range.  

[48 FR 22292, May 18, 1983]  

30 CFR Sec. 947.823      Special performance standards -- operations on prime farmland.  

    Part 823 of this chapter, Special Permanent Program Performance Standards--Operations on Prime Farmland,
shall apply to any person who conducts surface coal mining and reclamation operations on prime farmland.  

30 CFR Sec. 947.824      Special performance standards -- mountaintop removal.  

    Part 824 of this chapter, Special Permanent Program Performance Standards--Mountaintop Removal, shall apply
to any person who conducts surface coal mining operations constituting mountaintop removal mining.  

30 CFR Sec. 947.827      Special performance standards -- coal processing plants and support facilities not located
                         at or near the minesite and not within the permit area for a mine.  

    Part 827 of this chapter, Special Permanent Program Performance Standards--Coal Processing Plants and Support
Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine, shall apply to any person
who conducts surface coal mining and reclamation operations which include the operation of coal processing plants
and support facilities not located at or near the minesite and not within the permit area for a mine.  

30 CFR Sec. 947.828      Special performance standards -- in situ processing.  

    Part 828 of this chapter, Special Permanent Program Performance Standards--In Situ Processing, shall apply to
any person who conducts in situ processing activities.  

30 CFR Sec. 947.842      Federal inspections.  

    (a) Part 842 of this chapter, Federal Inspections, shall apply to all exploration and surface coal mining and
reclamation operations.  

    (b) Upon request OSM shall furnish a copy of any inspection report to the Washington Department of Natural
Resources and the Department of Ecology. If there is a planning department in the county government where the
operation is located, a copy of the enforcement action shall be furnished to that agency.  

30 CFR Sec. 947.843      Federal enforcement.  

    (a) Part 843 of this chapter, Federal Enforcement, shall apply when enforcement action is required for violations
on surface coal mining and reclamation operations.  

    (b) Upon request OSM shall furnish a copy of each enforcement action document and order to show cause issued
pursuant to this section to the Washington Department of Natural Resources and the Department of Ecology. If there
is a planning department in the county government where the operation is located, a copy of the enforcement action
shall be furnished to that agency.  

30 CFR Sec. 947.845      Civil penalties.  

    Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations on surface coal
mining and reclamation operations.  

30 CFR Sec. 947.846      Individual civil penalties.  

    Part 846 of this chapter, Individual Civil Penalties, shall apply to the assessment of individual civil penalties under
section 518(f) of the Act.  

[53 FR 3676, Feb. 8, 1988]  

30 CFR Sec. 947.955      Certification of blasters.  

    Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the
training, examination and certification of blasters for surface coal mining and reclamation operations.  

[51 FR 19462, May 29, 1986]  













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