5375-S.E AMH UPTH OLSE 25

ESSB 5375 - H AMD TO APP COMM AMD (H2764.2)

By Representative Upthegrove

On page 22, beginning on line 1 of the amendment, strike section 701 and insert the following:

"NEW SECTION. Sec. 701. A new section is added to chapter 77.55 RCW to read as follows:

(1) If any person or government agency fails to follow the requirements of obtaining a permit under this chapter or fails to carry out any of the requirements or conditions of a permit issued under this chapter, the department may issue an order to that person or government agency. The order may require the person or government agency to stop work on any or all of the activities subject to the permit, to correct or to restore the nonconforming site, or to both stop work and to correct or to restore the nonconforming site. Within twenty days of service of such an order or as provided by rule of the department extending such time, the person may file a written petition with the department appealing the order, and this petition shall be treated as an application for an adjudicative proceeding under chapter 34.05 RCW. In the event of an appeal, a person or government agency may seek interim relief from an order under this section as provided in chapter 34.05 RCW.

(2) The department may adopt rules to designate that certain violations of the terms or conditions of a permit are an infraction to be punished as provided by RCW 77.15.160. Any punishment under chapter 77.15 RCW shall be supplemental to the remedy provided by subsection (1) of this section.

Sec. 702. RCW 77.15.300 and 2000 c 107 s 239 are each amended to read as follows:

(1) A person is guilty of unlawfully undertaking hydraulic project activities if the person:

(a) Constructs any form of hydraulic project or performs other work on a hydraulic project and((:

(a))) fails to have a ((hydraulic project approval)) permit required under chapter 77.55 RCW for such construction or work; ((or))

(b) Violates any requirements or conditions of the ((hydraulic project approval)) permit for such construction or work;

(d) Violates any rule governing hydraulic project activities addressed in a pamphlet that serves as a hydraulic permit.

(2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor."

Renumber remaining sections consecutively and correct any internal references accordingly.

On page 28, line 26 of the amendment, strike "RCW 77.55.140"

On page 34, beginning on line 32 of the amendment, after "2;" strike all material through "6." on line 35 of the amendment and insert the following:

"(3) RCW 77.55.140 (Hydraulic projects--Civil penalty) and 2000 c 107 s 19, 1993 sp.s. c 2 s 35, 1988 c 36 s 35, & 1986 c 173 s 6; and

(4) RCW 77.55.190 (Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited) and 1989 c 171 s 8 & 1987 c 343 s 6."

Correct the title.

EFFECT: Authorizes the Department of Fish and Wildlife (DFW) to issue stop work orders to individuals failing to obtain or follow the conditions of a hydraulic permit. The DFW may also require corrective action to restore the nonconforming site. Establishes violations of a stop work order, a correction order, or a rule governing a hydraulic project activity in a pamphlet as a gross misdemeanor. Authorizes the DFW to adopt rules to designate certain violations of the hydraulic permit as natural resource infractions. Repeals authority for the DFW to levy civil penalties for violations of any provisions of a hydraulic permit.