AN ACT Relating to criminal penalties for environmental offenses; amending RCW 70.94.430, 70.105.090, and 90.48.140; adding new sections to chapter 70.94 RCW; adding new sections to chapter 70.105 RCW; adding new sections to chapter 90.48 RCW; and prescribing penalties.

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

Sec. 1. Section 61, chapter 238, Laws of 1967 as last amended by section 1, chapter 255, Laws of 1984 and RCW 70.94.430 are each amended to read as follows:

Any person who violates any of the provisions of this chapter, or any ordinance, resolution, rule or regulation in force pursuant thereto shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than ninety days, or by both fine and imprisonment for each separate violation.

((Any person who wilfully violates any of the provisions of this chapter or any ordinance, resolution, rule or regulation in force pursuant thereto shall be guilty of a gross misdemeanor. Upon conviction the offender shall be punished by a fine of not less than one hundred dollars for each offense or by imprisonment for a term of not more than one year or by both fine and imprisonment.))

In case of a continuing violation, ((~~whether or not wilfully committed,~~)) each day's continuance shall be a separate and distinct violation.

NEW SECTION. Sec. 2. (1) A person who knowingly violates any of the provisions of this chapter, any lawful permit or order of the department, or any ordinance, resolution, rule, or regulation in force pursuant to this chapter shall, upon conviction, be guilty of a class C felony. An individual convicted of such offense shall be fined not more than fifty thousand dollars and costs of prosecution or by imprisonment not to exceed five years, or by both, for each day of violation. A person other than an individual convicted of such offense shall be fined not more than one hundred thousand dollars and costs of prosecution for each day of violation.

(2) The term "knowingly" as used in this section shall be construed to refer to awareness of facts, not awareness of law.

(3) Each day upon which a violation of this section occurs may be deemed a separate and additional offense. In the case of a continuing violation, each day the violation continues shall be a separate and additional offense. The penalties imposed pursuant to this section shall be in addition to those civil penalties and remedies provided for by chapter 70.94 RCW and by other laws providing penalties or remedies for violations of this chapter.

NEW SECTION. Sec. 3. Criminal penalties collected pursuant to this chapter shall be apportioned in the following manner:

(1) All fees, fines, penalties, forfeitures, and costs imposed by a superior or district court for violations of these penal provisions shall be disposed of as provided by chapter 10.82 or 3.62 RCW, respectively.

(2) The money received by the state treasurer from the fees, fines, penalties, forfeitures, and costs imposed by a superior or district court under this chapter shall be deposited in the general fund. Two hundred fifty dollars shall be deducted from this amount by the state treasurer and shall be deposited in the environmental enforcement training account of the general fund for expenditure as authorized by law.

Sec. 4. Section 9, chapter 101, Laws of 1975-'76 2nd ex. sess. as last amended by section 1, chapter 237, Laws of 1984 and RCW 70.105.090 are each amended to read as follows:

((~~In addition to the penalties imposed pursuant to RCW 70.105.080,~~)) (1) Any person who violates any provisions of this chapter, or of the rules implementing this chapter, ((and any person who knowingly aids or abets another in conducting any violation of any provisions of this chapter, or of the rules implementing this chapter, shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars, and/or by imprisonment in the county jail for not more than one year, for each separate 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 offense.)) shall be guilty of a gross misdemeanor. Any individual convicted of such offense shall be fined not more than twenty-five thousand dollars and costs of prosecution, or imprisoned not to exceed one year, or both, for each day of violation. A person other than an individual convicted of such offense shall be fined not more than thirty-five thousand dollars for each day of violation and costs of prosecution. If the conviction is for a violation committed after a first conviction of any person under this section, punishment shall be by a fine of not more than fifty thousand dollars or by imprisonment not to exceed two years, or by both, for each day of violation.

NEW SECTION. Sec. 5. (1) A person who, with respect to any dangerous wastes identified or listed in this chapter or the rules implementing this chapter:

(a) Knowingly transports or causes to be transported such waste to a facility that does not have a permit under this chapter; or

(b) Knowingly treats, stores, or disposes of any such waste, either:

(i) Without a permit issued under RCW 70.105.130; or

(ii) In violation of any material condition or requirement of such permit; or

(iii) In violation of any material condition or requirement of any applicable regulations or standards; or

(c) Knowingly generates, stores, treats, transports, disposes of, exports, or otherwise handles any such waste, whether such activity took place before or takes place after the effective date of this section, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this chapter or regulations adopted by the department under this chapter,

!ixis guilty of a class C felony. An individual convicted of such offense shall be fined not more than one hundred twenty-five thousand dollars and costs of prosecution, or imprisoned not to exceed five years, or both, for each day of violation. A person other than an individual convicted of such offense shall be fined not more than two hundred fifty thousand dollars and costs of prosecution for each day of violation.

(2) As used in this section, "knowingly" refers to an awareness of facts, not awareness of law.

NEW SECTION. Sec. 6. (1) A person who, with respect to any dangerous waste identified or listed under this chapter, and rules implementing this chapter, knowingly transports, treats, stores, handles, disposes of, or exports such waste in violation of section 5(1)(b) of this act, who knows at that time that he or she thereby places another person in imminent danger of death or serious bodily injury, shall be guilty of a class B felony. An individual convicted of such offense shall be fined not more than two hundred fifty thousand dollars and costs of prosecution for each day of violation, or imprisoned not to exceed ten years, or by both, for each day of violation. A person other than an individual convicted of such offense shall be fined not more than five hundred thousand dollars and costs of prosecution for each day of violation.

(2) As used in this section, "imminent danger" means that there is a substantial likelihood that harm will be experienced within a reasonable period of time should the danger not be eliminated.

(3) As used in this section, "knowingly" refers to an awareness of facts, not awareness of law.

NEW SECTION. Sec. 7. Each day upon which a violation of this chapter occurs may be deemed a separate and additional offense. In the case of a continuing violation, each day the violation continues shall be a separate and additional offense. The penalties imposed pursuant to this section shall be in addition to those civil penalties and remedies provided for by this chapter and by other laws providing penalties or remedies for violations of this chapter.

NEW SECTION. Sec. 8. All criminal penalties collected pursuant to this chapter shall be apportioned in the following manner:

(2) The money received by the state treasurer from fees, fines, penalties, forfeitures, and costs imposed by a superior or district court under this chapter shall be deposited in the hazardous waste control and elimination account in the general fund, and shall be available for expenditure upon appropriation by the legislature.

(3) In all actions in which a criminal penalty is imposed, two hundred fifty dollars shall be deducted from the amount received by the state treasurer and shall be deposited in the environmental enforcement training account which is hereby created in the general fund.

(4) Moneys in the environmental enforcement training account may be expended by the department of ecology, upon appropriation by the legislature, to support the training of local, county, and state hazardous waste and hazardous materials inspection and enforcement personnel in the investigation and prosecution of hazardous waste and hazardous materials violations and other environmental crimes.

Sec. 9. Section 20, chapter 216, Laws of 1945 as amended by section 8, chapter 155, Laws of 1973 and RCW 90.48.140 are each amended to read as follows:

Any person ((found guilty of wilfully violating any of the provisions of this chapter, or any final written orders or directive of the department or a court in pursuance thereof shall be deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment in the discretion of the court. Each day upon which a wilful violation of the provisions of this chapter occurs may be deemed a separate and additional violation)) who negligently violates any of the provisions of this chapter, the rules implementing this chapter, or any permit condition or limitation in a permit or lawful order issued pursuant to this chapter by the department, shall be guilty of a gross misdemeanor. An individual convicted of such offense shall be fined not more than twenty thousand dollars and costs of prosecution or by imprisonment not to exceed one year, or by both, for each day of violation. A person other than an individual convicted of such offense shall be fined not more than thirty thousand dollars and costs of prosecution for each day of violation. If the conviction is for a violation committed after a first conviction of any person under this section, punishment shall be by a fine of not more than forty-five thousand dollars, or by imprisonment for not more than two years, or both, for each day of violation.

NEW SECTION. Sec. 10. (1) A person who knowingly violates any of the provisions of this chapter or the rules implementing this chapter or any permit condition or limitation in a permit or lawful order issued under this chapter by the department shall be guilty of a class C felony. An individual convicted of such offense shall be fined not more than one hundred twenty-five thousand dollars and costs of prosecution or by imprisonment not to exceed five years, or by both, for each day of violation. A person other than an individual convicted of such offense shall be fined not more than two hundred fifty thousand dollars and costs of prosecution for each day of violation.

(2) The term "knowingly" as used in this section shall be construed to refer to awareness of facts, not awareness of law.

(3) Each day upon which a violation of this section occurs may be deemed a separate and additional offense. In the case of a continuing violation, each day the violation continues shall be a separate and additional offense. The penalties imposed pursuant to this section shall be in addition to those civil penalties and remedies provided for by this chapter and by other laws providing penalties or remedies for violations of this chapter.

NEW SECTION. Sec. 11. Criminal penalties collected pursuant to this chapter shall be apportioned in the following manner:

(2) The money received by the state treasurer from fees, fines, penalties, forfeitures, and costs imposed by a superior or district court under this chapter shall be deposited in the coastal protection fund in the general fund, and shall be available for expenditure upon appropriation by the legislature.

(4) Moneys in the environmental enforcement training account may be expended by the department of ecology, upon appropriation by the legislature, to support the training of local, county, and state environmental inspection and enforcement personnel in the investigation and prosecution of environmental crimes.

NEW SECTION. Sec. 12. Sections 2 and 3 of this act are each added to chapter 70.94 RCW.

NEW SECTION. Sec. 13. Sections 5 through 8 of this act are added to chapter 70.105 RCW.

NEW SECTION. Sec. 14. Sections 10 and 11 of this act are each added to chapter 90.48 RCW.