BILL REQ. #:  H-0087.2 

Read first time 01/14/09.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the enforcement of environmental permits affecting aquatic resources; amending RCW 77.15.300; adding new sections to chapter 77.55 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 77.55 RCW to read as follows:
     (1) Except as otherwise provided in this section, if any person or government agency fails to follow the requirements of obtaining hydraulic project approval under this chapter, or fails to carry out any of the requirements or conditions of a hydraulic project approval issued under this chapter, the department may issue an order to that person or government agency. The order may require the person or government agency to stop work on any or all of the activities subject to the hydraulic project approval, to correct or to restore the nonconforming site, or to both stop work and to correct or to restore the nonconforming site.
     (2) Unless the department extends by rule the maximum time for filing, a person receiving an order from the department under this section may file a written petition with the department appealing the order within twenty days of service of the order. The filed petition must be treated as an application for an adjudicative proceeding under chapter 34.05 RCW. In the event of an appeal, a person or government agency may seek interim relief from an order under this section as provided in chapter 34.05 RCW.
     (3) This section does not apply to a hydraulic project that is subject to a stop work order under RCW 76.09.080.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.55 RCW to read as follows:
     The department may adopt rules to designate that certain violations of the terms or conditions of hydraulic project approvals or orders issued under section 1 of this act are a civil infraction to be punished as a natural resource infraction as provided by chapter 7.84 RCW. Any fines issued under this section shall be supplemental to any remedies provided by section 1 of this act.

Sec. 3   RCW 77.15.300 and 2000 c 107 s 239 are each amended to read as follows:
     (1) Unless the violation has been identified by rule under section 2 of this act as a civil infraction, a person is guilty of unlawfully undertaking hydraulic project activities if the person constructs any form of hydraulic project or performs other work on a hydraulic project and:
     (a) Fails to have a hydraulic project approval required under chapter 77.55 RCW for such construction or work; ((or))
     (b) Violates any requirements or conditions of the hydraulic project approval for such construction or work; or
     (c) Violates any stop work or correction order issued under section 1 of this act.
     (2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.