(1) Notwithstanding any other provisions of this chapter or chapter 90.56 RCW, whenever it appears to the director that water quality conditions exist which require immediate action to protect the public health or welfare, or that a person required by RCW 90.48.160 to obtain a waste discharge permit prior to discharge is discharging without the same, or that a person conducting an operation which is subject to a permit issued pursuant to RCW 90.48.160 conducts the same in violation of the terms of said permit, causing water quality conditions to exist which require immediate action to protect the public health or welfare, the director may issue a written order to the person or persons responsible without prior notice or hearing, directing and affording the person or persons responsible the alternative of either (((1)))(a) immediately discontinuing or modifying the discharge into the waters of the state, or (((2)))(b) appearing before the department at the time and place specified in said written order for the purpose of providing to the department information pertaining to the violations and conditions alleged in said written order. The responsible person or persons shall be afforded not less than twenty-four hours notice of such an information meeting. If following such a meeting the department determines that water quality conditions exist which require immediate action as described herein, the department may issue a written order requiring immediate discontinuance or modification of the discharge into the waters of the state. In the event an order is not immediately complied with the attorney general, upon request of the department, shall seek and obtain an order of the superior court of the county in which the violation took place directing compliance with the order of the department. Such an order is appealable pursuant to RCW 43.21B.310.

(2) If the department determines under subsection (1) of this section that water quality conditions exist that require immediate action to protect the public health or welfare, the department may allow a person responsible for the conditions to take immediate action to remedy the problem. The department may not impose a fine or other penalty for any day on which the department forbade or prevented a person from taking immediate action that would have improved water quality conditions.

(3) If the department issues a written order under subsection (1) of this section directing a person to appear before the department for the purpose of providing information pertaining to the violations and conditions alleged in the written order, the department shall allow the person to present a plan to resolve the alleged problem. The person must be allowed to continue or resume his or her activities if the person begins to implement the plan that he or she submitted to the department.