S-796                 _______________________________________________

                                                   SENATE BILL NO. 5895

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senator Williams

Read first time 2/19/87 and referred to Committee on Energy & Utilities.

AN ACT Relating to radioactive waste; adding a new section to chapter 70.98 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 70.98 RCW to read as follows:

          (1) Every person who fails to comply with any provision of this chapter or of the rules pertaining to radioactive waste management adopted thereunder may be subjected to a penalty in an amount of not more than ten thousand dollars per day for every such violation.  Each and every such violation shall be a separate and distinct offense.  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 may be subject to the penalty herein provided.

          (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 agency, 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 agency for the remission or mitigation of such penalty.  Upon receipt of the application, the agency may remit or mitigate the penalty upon whatever terms the agency in its discretion deems proper, giving consideration to the degree of hazard associated with the violation, provided the agency deems such remission or mitigation to be in the best interests of carrying out the purposes of this chapter.  The agency shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper.

          (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.  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.

          (4) If the amount of any penalty is not paid to the agency within thirty days after it becomes due and payable, the attorney general, upon the request of the secretary, 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.