FINAL BILL REPORT

SB 6583

                              C 157 L 90

BYSenators McDonald, Metcalf, Sutherland, Barr, Amondson, Benitz, Warnke and Johnson

Changing provisions relating to air pollution control authorities.

Senate Committee on Environment & Natural Resources

House Committe on Environmental Affairs

Rereferred House Committee on Revenue

SYNOPSIS AS ENACTED

BACKGROUND:

Persons who violate the Washington Clean Air Act, or any rules and regulations of the Department of Ecology or the board of directors of any air pollution control agency ("authority") shall incur a civil penalty in an amount not to exceed $1,000 per day for each violation.

In addition, a person is subject to a fine of up to $5,000.  The fine is levied by the Director of the Department of Ecology, if requested by the authority and if it is determined that the penalty is needed for effective enforcement of the Washington Clean Air Act.  If the violation is by a specific emissions unit, the maximum daily fine is $5,000.

A reimbursement procedure gives cities, towns, and counties within the authority 50 percent of the fines collected on a pro rata basis.

Revenues are collected from sources of air pollution for services rendered by local air authorities.  During any fiscal year, revenues collected cannot exceed 50 percent of the supplemental (per capita) income paid by the component cities, towns, and counties to operate the authority.

Washington's Clean Air Act includes provisions which regulate the use of wood stoves and fireplaces.  Regulatory provisions curtail wood stove emissions during periods of poor (impaired) air quality.  A civil penalty of up to $1,000 is imposed against violators.  Liability for violations by residents in condominiums, and in associations formed by other multi-family dwellings are not specifically addressed by current law.

SUMMARY:

All fines recovered by the Department of Ecology are paid into the state treasury and credited to the general fund or, if recovered by the authority, are retained and paid into the authority's treasury and credited to its funds.

There is no limitation on the revenues collected from sources of air pollution for services rendered by local air authorities during any fiscal year.

Condominium owners' associations and associations formed by multi-family dwellings are not liable when one of their residents uses an uncertified wood stove or fireplace during periods of impaired air quality.  The owners' associations shall cooperate with local air pollution control authorities to acquaint residents with the burning restrictions.

VOTES ON FINAL PASSAGE:

     Senate   40    0

     House 97  0 (House amended)

     Senate          (Senate refused to concur)

     House 92  2 (House receded)

EFFECTIVE:June 7, 1990