S-1256               _______________________________________________

                                                   SENATE BILL NO. 4440

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senator Talmadge

Read first time 2/8/85 and referred to Committee on Parks and Ecology.

AN ACT Relating to ground water; and adding a new section to chapter 90.44 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 90.44 RCW to read as follows:

          A person injured as a result of the introduction of contaminants into ground water may bring an action in superior court for the recovery of the damages.  For the purpose of this section, the term "contaminants" includes any poisonous or deleterious substance which may render ground water injurious to health or property.  In case the substance does not ordinarily render ground water injurious to health or property, or is otherwise legally permissible to introduce, it shall not be considered a contaminant.

          The court may award reasonable attorney's fees and court costs to the prevailing party.  The court may also, in its discretion, increase the amount of damages to an amount not to exceed three times the actual damages sustained, should an intentional introduction of contaminants be established.