H-415                _______________________________________________

                                                    HOUSE BILL NO. 869

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Zellinsky, Smitherman and Haugen

Read first time 2/8/85 and referred to Committee on Social & Health Services.

AN ACT Relating to public water supply systems; adding new sections to chapter 43.20A RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     If the department has reason to believe that any rule adopted by the state board of health relating to the design, construction, or operation of public water supply systems has been violated, it may cause written notice to be served upon the alleged violator or violators.  The notice shall specify the rule alleged to be violated and the facts alleged to constitute a violation thereof and may include an order that necessary corrective action be taken within a reasonable time.  The department may, in its discretion, require the alleged violator to appear informally before its designated representatives within a reasonable time and present evidence as to why he or she should not be deemed in violation of the specified rule and/or the departmental order.

NEW SECTION. Sec. 2.     In addition to or as an alternative to any other penalty provided by law, any person or water system purveyor who does not comply with a departmental order given under section 1 of this act shall incur a penalty in the form of a fine in an amount not to exceed one thousand dollars.

          The penalty specified in this section shall become due when the person or water system purveyor incurring the penalty receives a notice in writing from the secretary, or the secretary's designee, describing the violation with reasonable particularity, advising the person or purveyor that the penalty is due, and informing the person or purveyor that a request may be made for a hearing before the department.  If a hearing is requested, it shall be conducted under chapter 34.04 RCW.  If the amount of the penalty imposed is not paid to the department within thirty days after receipt of notice imposing the penalty, or if a request for a hearing has not been made within fifteen days after receipt of notice imposing the penalty, the attorney general shall, upon the request of the secretary or the secretary's designee, bring an action to recover the penalty in the superior court of the county in which the violation occurred.  All penalties recovered under this section by the department shall be deposited in the state general fund.

NEW SECTION. Sec. 3.     Sections 1 and 2 of this act are each added to chapter 43.20A RCW.