AN ACT Relating to local boards of health and the department of social and health services enforcing laws relating to public water supply systems; adding a new section to chapter 34.12 RCW; adding a new chapter to Title 70 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The purpose of this chapter is to authorize local boards of health and the department of social and health services to impose civil penalties for the failure to conform with laws, rules, and regulations relating to public water supply systems. Conformance with these laws, rules, and regulations is of utmost importance to preserve and protect the purity of drinking water in our public water systems. Before the imposition of civil penalties, the department or the local board of health shall pursue a series of escalating administrative steps to resolve the violation. If the violation is determined by the state health officer to be an imminent or actual public health emergency, civil penalties may be imposed immediately.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the following definitions apply throughout this chapter:

(1) "Department" means the department of social and health services.

(2) "Local board of health" has the meaning in RCW 70.05.010.

(3) "Public water supply system" has the meaning in RCW 70.119.020.

NEW SECTION. Sec. 3. The department may impose penalties under section 4 of this act for any of the following acts or omissions with regard to public water supply systems:

(1) Failing to sample and test water and report the results of tests as required by regulation;

(2) Permitting water of a public water supply system to exceed a maximum contaminant level established by regulation, when the owner or operator of a public water supply system knows or reasonably should have known of the contamination and has the practical ability to prevent or correct the contamination;

(3) Operating a public water supply system without a certified operator in violation of chapter 70.119 RCW;

(4) Establishing or maintaining an intake or other connection between a public water supply system and a source of water that is not monitored or not managed in compliance with the regulations, except in an emergency or other special circumstances and with the approval of the department or authorized local board of health;

(5) Establishing or maintaining a bypass that permits water to be diverted around a treatment facility of a public water supply, except with the approval of the department or authorized local board of health;

(6) Terminating or indefinitely suspending water service without providing written notice of the termination in advance of the termination or suspension as required by regulations;

(7) Submitting a sample of water for analysis required by regulation, knowing that the sample is doctored or is unrepresentative of the water that is required to be monitored;

(8) Falsifying a record required by the regulations to be kept, or knowingly failing to correct such a false record;

(9) Failing to comply with an order of the department, or of an authorized local board of health, when the order:

(a) Directs the owner or operator of a public water supply system to cease violating any other regulation relating to public water supply systems, or to take specific actions within a specified time to place a public water supply system in compliance with any other regulations;

(b) Directs the owner or operator of a public water supply system to stop work on the construction or alteration of a public water supply system when plans and specifications for the construction or alteration have not approved as required by the regulations, or when the work is not being done in conformity with approved plans and specifications; or

(c) Requires the owner or operator of a public water supply system to eliminate a cross-connection to a public water supply system by a specified time;

(10) Failing to notify water users in the manner and at the time required by regulation of the fact that water does not meet a standard of water quality, that required monitoring has not been performed, that a breakdown of water treatment with public health significance has occurred, that water service will be interrupted by more than twenty-four hours, or that any other events or conditions specified by regulation as requiring notice to water users have occurred or will occur;

(11) Failing to operate continuously a disinfection or coagulation chemical feed system as required by regulation.

NEW SECTION. Sec. 4. (1) In addition to or as an alternative to any other penalty provided by law, every person who fails to comply with any provision of a law, rule, regulation, or an enforcement order relating to a public water supply system shall be subjected to a penalty in an amount of not more than five thousand dollars per day for every such violation. Each and every such violation shall be a separate and distinct offense. The amount of fine shall reflect the health significance of the violation and the previous record of compliance on the part of the public water supplier. In case of continuing violation, every day's continuance shall be a separate and distinct violation. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated the provisions of this section and shall be subject to the penalty provided in this section.

(2) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department, describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms the department in its discretion deems proper, giving consideration to the degree of hazard associated with the violation, provided the department deems such remission or mitigation to be in the best interests of carrying out the purposes of this chapter. The department shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper. Any penalty imposed by this section shall be subject to review by the office of administrative hearings in accordance with chapter 34.12 RCW.

(3) Any penalty imposed by this section shall become due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or petition for review is filed directly to the office of administrative hearings within thirty days of the imposition of the penalty. When such an application for remission or mitigation is made, any penalty incurred pursuant to this section shall become due and payable thirty days after receipt of notice setting forth the disposition of such application. Any penalty resulting from a decision of the office of administrative hearings shall become due and payable thirty days after receipt of the notice setting forth the decision.

(4) If the amount of any penalty is not paid within thirty days after it becomes due and payable, the attorney general, upon the request of the secretary of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which such violator may do business, to recover such penalty. In all such actions, the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise in this chapter provided.

(5) All penalties imposed under this section shall be payable to the state treasury and credited to the general fund.

NEW SECTION. Sec. 5. Each local board of health is authorized to impose civil penalties for violations of any laws, rules, regulations, or related enforcement orders, under the same limitations and requirements as imposed upon the department in sections 3 and 4 of this act, except that the penalties shall be placed into the general fund of the county, city, or town operating the local board of health, and the prosecuting attorney, or city, or town attorney shall bring the actions to collect the unpaid penalties.

NEW SECTION. Sec. 6. A new section is added to chapter 34.12 RCW to read as follows:

Appeals from penalties imposed by the department of social and health services or a local board of health under chapter 70.-- RCW (sections 1 through 5 of this act) shall be made directly to the office of administrative appeals within thirty days of the imposition of the penalty. Decisions by an administrative law judge shall be directly appealable to the Thurston county superior court or the superior court of the county in which the public water supply system is located. Such appeals must be filed within thirty days of the decision by the administrative law judge.

The costs incurred by the office of administrative hearings in hearing such appeals and rendering such opinions shall be paid by the department of social and health services for appeals from penalties imposed by the department, and by the local board of health for appeals from penalties imposed by the local board of health.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act shall constitute a new chapter in Title 70 RCW.