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                                           ENGROSSED HOUSE BILL NO. 225

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Rust, Allen, Unsoeld, Holland, Lux and Valle

Read first time 1/25/85 and referred to Committee on Environmental Affairs.

AN ACT Relating to operating waste facilities; adding a new section to chapter 70.95 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 70.95 RCW to read as follows:

          Any solid waste disposal site or facility operating without a permit, or operating in violation of the terms of a permit, or operating in violation of the provisions of this chapter or the regulations or orders of the department shall incur, in addition to any other penalty provided by law, a civil penalty of up to twenty thousand dollars for each violation.  Whenever the department determines that a person has violated or is about to violate any provision of this chapter, the department shall notify that person by registered mail or personally of the department's determination, and that the violator is or may become subject to civil penalties.  The amount of the penalty is to be determined by the director or the director's designee after taking into account the gravity of the violation, the previous record of the violator in complying with chapter 70.95 RCW and the regulations promulgated thereunder, and any other considerations the department deems appropriate.  Every act of commission or omission that procures, aids, or abets in the violation shall be considered a violation under this section and subject to a penalty.  In the case of a continuing violation, each day's continuance shall be a separate and distinct violation.  The penalty shall become due and payable when the violator receives a notice in writing from the director describing the violation with reasonable particularity and advising the violator that the penalty is due.  The director may, upon written application therefor received within fifteen days, and when in the best interest of the state in carrying out the purpose of this chapter, remit or mitigate any penalty  provided for in this section or discontinue any prosecution to recover the penalty upon those terms as the director in the director's discretion deems proper.  A person against whom a penalty is imposed under this section shall be afforded an opportunity for a hearing in accordance with chapter 34.04 RCW.

          If the penalty is not paid to the department within fifteen days after receipt of notice imposing it, or if an application for remission or mitigation has been made within fifteen days as herein provided and the amount specified in the order issued by the director subsequent to the application is not paid within fifteen days after the receipt thereof, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston County or any other county in which the violator does business, to recover the amount specified in the final order of the director.  In all these actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter.  All penalties recovered under this section shall be paid into the state treasury and credited to the general fund.