Z-166                 _______________________________________________

                                                    HOUSE BILL NO. 335

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Rust, Brough, Unsoeld and Lux

Read first time 1/30/85 and referred to Committee on Environmental Affairs.

AN ACT Relating to misfueling and tampering with air pollution control devices; adding a new section to chapter 70.120 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 70.120 RCW to read as follows:

          No person may:

          (1) Introduce leaded gasoline into a motor vehicle designed by the vehicle manufacturer to operate on unleaded gasoline;

          (2) Remove or render inoperative any devices or components of any system on a motor vehicle installed by the vehicle manufacturer to comply with federal regulations limiting air contaminants from motor vehicles; or

          (3) Offer for sale any device that the department has determined will be used for the purposes prohibited in subsection (1) or (2) of this section.

          The department of ecology may levy civil penalties not to exceed two hundred fifty dollars per day for each violation.  Each violation shall be separate and distinct and, in case of a continuing violation, each day's continuance shall be a separate and distinct violation.  The procedures of RCW 90.48.144 are applicable to all phases of the levying of a penalty as well as review and appeal of the same.