PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-04-044.
Title of Rule: Drinking water operating permits, chapter 246-294 WAC.
Purpose: The purpose of this rule revision is to update the criteria for compliance regarding public water system performance and to be consistent with other drinking water regulations.
Statutory Authority for Adoption: Chapter 70.119A RCW.
Statute Being Implemented: Chapter 70.119A RCW.
Summary: This rule revision updates the structure for the annual evaluation of water system performance based on compliance with chapter 246-290 WAC and public health risk. The criteria for compliance will be consistent with new drinking water regulations that have been adopted since this rule was first enacted.
Reasons Supporting Proposal: RCW 70.119A.100 requires the department to develop rules necessary to implement sections 5 through 7 of chapter 70.119A RCW.
Name of Agency Personnel Responsible for Drafting: Sean Orr, Tumwater, (360) 236-3153; Implementation and Enforcement: John Aden, Tumwater, (360) 236-3157.
Name of Proponent: Department of Health, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of the operating permit rule requirements are to assure that public water systems provide safe and reliable drinking water to the public. The department conducts comprehensive and systematic evaluations to assess the adequacy and financial viability of public water systems. The department may impose permit conditions, requirements for public water system improvements and compliance criteria to carry out the purpose of this rule. The revision of this rule is necessary to coordinate the operating permit categories to other drinking water regulations that have been revised since this rule became effective in 1993. The rule revision provides relief to water systems that have not obtained design approval, but are maintaining compliance and are in good operating condition. The rule revision improves the meaning and clarity of the permit categories by more closely relating violations and public health risk to the appropriate category.
Proposal Changes the Following Existing Rules: Adds definitions in WAC 246-294-010 Definitions, for "adequacy" and "drinking water regulations" and modifies "state significant noncomplier," "nonresident," and "satellite management agency" to ensure the definitions are consistent with other drinking water regulations. Revises WAC 246-294-030 Application process and 246-294-040 Operating permit categories to be more user friendly and to cross-reference other health regulations. WAC 246-294-040 Operating permit categories, adds criteria to the yellow permit category and revises the definition; revises the definition for the blue permit category and clarifies that the category is determined to be "adequate"; and clarifies that the red permit category is determined to mean "inadequate." Eliminates the requirement in WAC 246-294-060 Transfer of ownership, for a water system to prepare a water system plan prior to transfer of ownership to be consistent with WAC 246-290-100. Removes the $5.00 per service fee in WAC 246-294-070 Fees.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030(1) states that "an agency shall prepare a small business economic impact statement (SBEIS): (a) If the proposed rule will impose more than a minor cost on a business in an industry;" The department has determined that the rule revision does not impose additional costs on the regulated community so an SBEIS is not required.
RCW 34.05.328 applies to this rule adoption. Parts of the rule are exempt from the requirements of RCW 34.05.328 because they "...clarify language of a rule without changing its effect." Parts of the rule qualify as legislatively significant because they amend standards for the issuance of a permit and make significant amendments to a regulatory program.
Hearing Location: Department of Health, 310 Israel Road S.E., Tumwater, WA 98501, on January 12, 2004, at 10:00 a.m.
Assistance for Persons with Disabilities: Theresa Phillips by January 2, 2004, TDD (800) 833-6388 or (360) 236-3147.
Submit Written Comments to: Theresa Phillips, Department of Health, P.O. Box 47822, Olympia, WA 98504-7822, fax (360) 236-2253, by January 12, 2004.
Date of Intended Adoption: February 13, 2004.
November 18, 2003
Mary C. Selecky
Secretary
OTS-6394.7
AMENDATORY SECTION(Amending Order 325, filed 1/14/93,
effective 2/14/93)
WAC 246-294-001
Purpose.
((The rules set forth in))
This chapter ((are adopted for the purpose of implementing the
provisions of)) implements chapter 70.119A RCW and sets
operating permit requirements to help assure ((that)) Group A
water systems provide safe and reliable drinking water to the
public ((in accordance)) consistent with chapter 246-290 WAC,
state board of health drinking water regulations and chapter 246-292 WAC, water works operator certification regulations.
[Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order 325), § 246-294-001, filed 1/14/93, effective 2/14/93.]
EPA - Environmental Protection Agency
MCL - maximum contaminant level
NTNC - nontransient noncommunity
SMA - satellite ((system)) management agency
SSNC - state significant noncomplier
TNC - transient noncommunity
VOC - volatile organic chemical
WFI - water facilities inventory
"Adequacy" means an assessment, based upon evaluation of
the department's records, of a water system's current ability
to provide safe and reliable drinking water in accordance with
applicable drinking water statutes and regulations.
"Community water system" means any Group A water system:
With fifteen or more services used by residents for one hundred eighty or more days within a calendar year, regardless of the number of people; or
Regularly serving twenty-five or more residents for one hundred eighty or more days within the calendar year, regardless of the number of services.
"Department" means the Washington state department of health.
"Drinking water regulations" means the provisions of chapter 70.119A RCW, chapter 246-290 WAC, state board of health drinking water regulations and chapter 246-292 WAC, water works operator certification regulations, that help assure Group A public water systems provide safe and reliable drinking water.
"Group A water systems" ((and "system" means a public
water system:
With fifteen or more service connections, regardless of the number of people; or
Serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections)) are defined as community and noncommunity water systems.
(a) Community water system means any Group A water system providing service to fifteen or more service connections used by year-round residents for one hundred eighty or more days within a calendar year, regardless of the number of people, or regularly serving at least twenty-five year-round (i.e., more than one hundred eighty days per year) residents.
(b) Noncommunity water system means a Group A water system that is not a community water system. Noncommunity water systems are further defined as:
(i) Nontransient (NTNC) water systems that provide service opportunity to twenty-five or more of the same nonresidential people for one hundred eighty or more days within a calendar year.
(ii) Transient (TNC) water systems that serve:
(A) Twenty-five or more different people each day for sixty or more days within a calendar year;
(B) Twenty-five or more of the same people each day for sixty or more days, but less than one hundred eighty days in a calendar year; or
(C) One thousand or more people for two or more consecutive days within a calendar year.
"Maximum contaminant level (MCL)" means the maximum
permissible level of a contaminant in water the purveyor
delivers to any public water system user, measured at the
locations identified under WAC 246-290-300, Table ((4)) 3.
(("New Group A water system" means a system designed for
fifteen or more services or to serve twenty-five or more
people which:
The department has not acknowledged receipt of the form titled Construction Report for Public Water System Projects before the effective date of this chapter; or
Has been in existence but has not received department as-built approval or does not have a WFI on record with the department.))
"Nonresident" means a person ((without a permanent home
or without a home served by the system, such as)) having
access to drinking water from a public water system who lives
elsewhere. Examples include travelers, transients, employees,
students, etc.
(("Nontransient noncommunity water system (NTNC)" means a
Group A water system regularly serving twenty-five or more of
the same nonresidents for one hundred eighty or more days
within a calendar year.))
"Owner" means any agency, subdivision of the state, municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity, that holds as property, a public water system.
"Public water system" means any system, providing water
for human consumption through pipes or other constructed
conveyances, excluding a system serving only one single-family
residence and a system with four or fewer connections all of
which serve residences on the same farm((, providing piped
water for human consumption, including any)). The term
includes:
(a) Collection, treatment, storage, and/or distribution
facilities under control of the purveyor and used primarily in
connection with the system((; and)).
(b) Collection or pretreatment storage facilities not
under control of the purveyor, but primarily used in
connection with the system((, including:
Any collection, treatment, storage, and distribution facilities under control of the purveyor and used primarily in connection with such system; and
Any collection or pretreatment storage facilities not under control of the purveyor which are primarily used in connection with such system)).
"Resident" means an individual living in a dwelling unit served by a public water system.
"Satellite ((system)) management agency (SMA)" means ((a
person)) an individual, purveyor, or entity that is
((certified)) approved by the department in accordance with
chapter 246-295 WAC to own ((and/))or operate more than one
public water system on a regional or county-wide basis,
without the necessity for a physical connection between such
systems.
"Service connection" means a connection to a public water
system designed to ((serve)) provide potable water to a
single-family residence, ((dwelling unit, or equivalent use))
or other residential or nonresidential population. When the
connection ((is a group home or barracks-type accommodation,
two and one-half persons shall be equivalent to one service))
provides water to a residential population without clearly
defined single-family residences, the following formulas shall
be used in determining the number of services to be included
as residential connections on the WFI form:
• Divide the average population served each day by two and one-half; or
• Using actual water use data, calculate the total ERU's represented by the service connection in accordance with department design guidance.
• In no case shall the calculated number of services be less than one.
"State significant noncomplier (SSNC)" means a ((Group A
water)) system that is ((in violation of state drinking water
rules and such violation or)) violating or has violated
department rules, and violations may ((present)) create, or
have created an ((immediate)) imminent or a significant risk
to ((the)) human health ((of consumers)). Such violations
include, but are not limited to, repeat violations of
monitoring requirements, failure to address exceedance of
permissible levels of regulated contaminants, failure to
comply with treatment technique standards or requirements,
failure to comply with water works operator certification
requirements, or failure to submit to a sanitary survey.
(("Transient noncommunity (TNC)" means a Group A water
system:
Having fifteen or more services used less than one hundred eighty days within a calendar year; or
Serving twenty-five or more different nonresidents for sixty or more days within a calendar year; or
Serving twenty-five or more of the same nonresidents for sixty or more days, but less than one hundred eighty days within a calendar year; or
Serving twenty-five or more residents for sixty or more days, but less than one hundred eighty days within a calendar year.))
"Water facilities inventory (WFI)" means the department form summarizing each public water system's characteristics.
[Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order 325), § 246-294-010, filed 1/14/93, effective 2/14/93.]
[Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order 325), § 246-294-020, filed 1/14/93, effective 2/14/93.]
(2) The department shall ((begin the operating permit
application process for the initial and succeeding years based
on size and type of system as follows:
(a) During the first calendar quarter of each year - community water systems greater than or equal to five hundred services and SMAs shall be sent operating permit applications;
(b) During the second calendar quarter of each year - community water systems less than five hundred services shall be sent operating permit applications;
(c) During the third calendar quarter of each year - nontransient noncommunity (NTNC) and transient noncommunity (TNC) water systems shall be sent operating permit applications; and
(d) During the fourth calendar quarter of each year - all remaining Group A water systems)) mail an application to water systems annually using a schedule that is based on the size and type of water system.
(3) In addition to the ((schedule outlined in subsection
(2) of this section)) regularly scheduled issuance of annual
operating permits, new or revised operating permits shall be
required when:
(a) The owner of a new Group A system receives all required department approvals relating to water system operation (see WAC 246-294-030(4)); or
(b) Ownership of a Group A system changes (see WAC 246-294-060).
(4) The department may also issue a revised operating permit when there is a change in a systems compliance that necessitates a change to a different permit category.
(5) New Group A systems shall be sent operating permit applications at the time construction documents are submitted to the department for approval. The deadline for submitting the completed application and full payment to the department shall be the same date as:
(a) The Construction Completion Report ((for Public Water
System Projects)) required by WAC ((246-290-040(2)))
246-290-120(5); or
(b) The existing system as-built approval required by WAC 246-290-140(((4))).
(((5))) (6) Initial and renewal applications shall be
based on information from the most recent WFIs on file with
the department, and sent to owners ((according to the phase-in
schedule in subsection (2) of this section)) on an annual
basis. In the case of a SMA, the department will send a
complete list of systems owned, along with the corresponding
system identification numbers((,)). The SMA shall ((also be
included)) verify the information, make corrections or
additions and then return the list with the application.
(((6))) (7) Upon receipt of the application, the owner or
other legally authorized person shall:
(a) Complete portions of the form which need completing;
(b) Ensure that information on the form is accurate;
((and))
(c) Sign the form; and
(d) Return the application to the department within seventy days of the department's mailing date, accompanied by the applicable fee.
(((7) The application shall be signed by the owner or
other legally authorized person:
(a) In the case of a corporation, by an authorized corporate officer;
(b) In the case of a partnership, by a general partner;
(c) In the case of a sole proprietorship, by the proprietor;
(d) In the case of a municipal or other public facility, by a legally authorized officer; or
(e) In the case of an association, by the head of the association or a person responsible for operation of the system.))
(8) The applicable fee shall be in the form of a check or
money order made payable to the "Department of Health" or
successor organization as designated by the department and
mailed ((to Department of Health, Revenue Unit, P.O. Box 1099,
Olympia, Washington 98507-1099, or such successor organization
or address as designated by the department)) in accordance
with the directions on the application.
(9) Systems which do not return operating permit applications along with the required fee by the deadline specified on the notice shall:
(a) Not be issued an operating permit; and
(b) Be subject to the enforcement provisions in WAC 246-294-090.
(10) An additional charge of ten percent or twenty-five dollars, whichever is greater, shall be added to the applicable fee listed in WAC 246-294-070 if the owner fails to return the completed application with applicable fee to the department within seventy days of the department's mailing date.
(11) The department shall review each submitted
application ((to verify the information contained in the
application)). Any changes made on the application by the
applicant shall ((result in updating)) be evaluated by the
department and may result in an update of the system's WFI
((and shall)) form, which would be reflected on the next
renewal application.
(12) If after issuing an operating permit, the department determines that the permit holder has made false statements, the department may, in addition to taking other actions provided by law, revise both current and previously granted permit fee determinations and charge the owner accordingly.
(13) If the department discovers that an owner has been
operating a system without an operating permit and such system
is covered by the requirements of this chapter, the department
may charge the owner an operating permit fee ((that is the
total of the one-time five-dollar per service fee for new
Group A water systems)) plus permit fees owed for each year,
including late fees, since the effective date of this chapter.
[Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order 325), § 246-294-030, filed 1/14/93, effective 2/14/93.]
(2) The criteria used for evaluation may include, but not be limited to the following:
(a) Whether the system is subject to an order under WAC 246-290-050, for one or more of the following:
(i) Failure to have approved construction documents; or
(ii) Stopping work on system improvements; or
(iii) Failure to meet pressure requirements; or
(iv) Failure to meet water treatment requirements; or
(v) Failure to have a certified water treatment plant operator; or
(vi) Failure to meet water quality maximum contaminant levels; or
(vii) Placement of a moratorium on the system.
(b) Whether the system is in violation of any departmental order issued under WAC 246-290-050 or federal administrative order issued under §1414(g) of the Safe Drinking Water Act, 42 U.S.C. §300g-3(g);
(c) Whether the system is confirmed by the department as an unresolved significant noncomplier (SNC). Unresolved shall mean any system which:
(i) The department determines has not returned to compliance;
(ii) Does not have a signed compliance agreement with the department; or
(iii) Has not been issued a departmental order under WAC 246-290-050.
(d) Whether the system has reached the maximum number of services allowed in the distribution system by department approval;
(e) Whether the system has complied with water system plan provisions of WAC 246-290-100;
(f) Whether the system has complied with the water system financial viability provisions of RCW 70.119A.100 and WAC 246-290-100 (4)(d);
(g) Whether the system has complied with operator certification provisions of chapter 246-292 WAC;
(h) Whether the system has complied with coliform and inorganic chemical monitoring provisions of WAC 246-290-300; and
(i) Whether the system has complied with inorganic chemical and volatile organic chemical MCLs in accordance with WAC 246-290-310.
(3) Operating permit categories shall be as follows:
(a) Category green. This category shall identify systems which are substantially in compliance with all the applicable criteria in subsection (2) of this section. Placement in this category shall result in:
(i) Permit issuance without conditions; and
(ii) Determination that the system is adequate.
(b) Category yellow. This category shall represent systems which are substantially in compliance with the applicable criteria in subsection (2)(a), (b), (c), and (d) of this section, but which do not satisfy one or more of the criteria in subsection (2)(e) through (i) of this section and any additional criteria as determined by the department. Placement in this category shall result in:
(i) Permit issuance with conditions; and
(ii) Determination that the system is adequate or inadequate, depending on the nature of noncompliance.
(c) Category red. This category shall represent systems which do not satisfy one or more of the criteria in subsection (2)(a), (b), (c), or (d) of this section. Such systems shall also be evaluated against subsection (2)(e) through (i) of this section and any additional criteria as determined by the department. Placement in this category shall mean that the system is inadequate and result in:
(i) Permit issuance with conditions; or
(ii) Permit denial with appropriate enforcement.
(d) Category blue. This category shall identify systems which the department has elected to evaluate at a later date. Placement in this category shall result in no conditions and no determination that the system is adequate until the system is evaluated.
Category |
Basic Description |
Response to Adequacy Requests |
Conditions |
Green |
Substantial Compliance |
Yes |
No |
(2) The department will use the criteria from drinking water regulations to evaluate systems and place them into the following operating permit categories:
(a) Category green. This category represents systems that are in substantial compliance with drinking water regulations. The department considers systems in this category as adequate for existing uses and adding new service connections up to the number of approved service connections.
(b) Category yellow. This category represents systems that are substantially in compliance with drinking water regulations, except that the system:
(i) Has been notified of the water system planning provisions of WAC 246-290-100 and has failed to satisfy the requirements; and/or
(ii) Is a state significant noncomplier that has signed a compliance agreement with the department to resolve the violations and is acting in accordance with the compliance agreement.
The department considers systems in the yellow category as adequate for existing uses and new service connections up to the number of approved service connections unless otherwise limited by a compliance agreement.
(c) Category blue. This category represents systems that are substantially in compliance with drinking water regulations except that the system:
(i) Does not meet the design approval requirements of WAC 246-290-120 and 246-290-140; or
(ii) Has exceeded the number of department approved service connections.
The department considers systems in this category as adequate for existing uses but are not considered adequate for adding new service connections.
(d) Category red. This category represents systems that are substantially out of compliance with drinking water regulations. The department will place a system in this category if it is:
(i) A state significant noncomplier and has not signed a compliance agreement with the department or has signed a compliance agreement but is not acting in accordance with the compliance agreement; or
(ii) In violation of a departmental order; or
(iii) Under a departmental order for violations that pose an imminent threat to public health.
The department considers systems in this category inadequate for existing uses and for additional service connections.
[Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order 325), § 246-294-040, filed 1/14/93, effective 2/14/93.]
(2) Issuance of an operating permit ((shall)) means that
the owner may operate the permitted system until the date
specified on the permit unless protection of the public
health, safety, and welfare requires immediate response or the
imposition of conditions.
(3) At the time of permit issuance, the department may
impose ((such)) permit conditions and compliance schedules
((as)) that the department determines are ((reasonable and))
necessary to ensure that the system will provide safe and
reliable drinking water, ((including, but not limited to,
conditions necessary to ensure that the system is brought into
compliance)) consistent with the provisions of chapters
246-290 and 246-292 WAC.
(4) The department may modify an operating permit at any
time based on review of the evaluation criteria in WAC 246-294-040(2). ((When modification occurs,)) If the
department modifies a permit, the department will send the
owner a revised permit with the same expiration date ((will be
sent to the owner)). The department will also notify the
appropriate local jurisdiction ((shall also be notified)) of
the change in status.
(5) The department may revoke an operating permit or deny
an operating permit application if the department determines
that the system operation constitutes or ((would)) may
constitute a public health hazard to consumers.
(6) When the department takes action to deny, condition,
modify, or revoke an operating permit, the department shall
follow the steps outlined in RCW 43.70.115 ((when taking
action to deny, condition, modify, or revoke an operating
permit)).
(7) An operating permit applicant ((for an operating
permit shall be entitled to)) may file an appeal ((in
accordance with)) under chapter 34.05 RCW, if the department
denies, conditions, modifies, or revokes the operating permit.
To appeal a department action, the owner shall ((file in
writing with the department in a manner that shows proof of
receipt)) submit to the department a written appeal within
twenty-eight days of ((the applicant's receipt of)) receiving
the adverse notice.
The appeal shall state:
(a) The issue or issues and law involved; and
(b) The ((grounds)) basis for ((contesting)) appealing
the department's decision.
(8) Any owner that requests a hearing under chapter 34.05 RCW may continue to operate the system until the department
issues a final departmental decision ((is issued)), unless the
department determines protection of the public health, safety,
and welfare requires summary action.
[Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order 325), § 246-294-050, filed 1/14/93, effective 2/14/93.]
(2) ((The prospective new owner shall secure department
approval of a new, updated, or altered water system plan as
required by WAC 246-290-100 (2)(e) before the new permit is
issued. The water system plan required under WAC 246-290-100
shall be prepared with special emphasis on sections dealing
with implications of the change of ownership.
(3))) The department shall send an application to the
prospective new owner ((at the time)) when the department is
notified of transfer of ownership in accordance with WAC
((246-290-430(1))) 246-290-035(2). The new owner shall
proceed with the permit process ((in accordance with)) under
WAC 246-294-030((, except the deadline for submitting the
completed application to the department shall be the same date
the water system plan is submitted for department approval)).
(((4))) (3) The department shall not charge a fee for a
new permit resulting from a change in ownership. The permit
shall be effective from the date of issuance by the department
until the next scheduled permit renewal date, at which time
((a fee shall be charged)) the department will charge a
renewal fee.
(((5) Change of ownership operating permit requirements
of this section affect)) (4) This section applies to the
prospective owner, and ((shall be in addition to)) the
((continuity of service)) requirements of WAC ((246-290-430
affecting)) 246-290-035(2) apply to the owner transferring the
system.
[Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order 325), § 246-294-060, filed 1/14/93, effective 2/14/93.]
| Classification | Fee |
| 0 - 14 services | None |
| 15 - 49 services | $25.00 per year |
| 50 - 3,333 services | $1.50 per service per year |
| 3,334 - 53,333 services | $4,999.50+ .10 per service over 3,333 services per year |
| 53,334 or more services | $10,000.00 per year |
| Satellite (( |
$1.00 per service per year or the fee from the appropriate category above, whichever is less |
| (( |
|
| Late charge | Additional 10% of applicable charge stated above or $25.00, whichever is greater |
(2) ((For NTNC and TNC systems, owners shall pay the
applicable fee from Table 2 based on equivalent number of
services. Population information used in calculating
equivalent number of services shall come from the WFI. The
following formulas shall be used in determining equivalent
number of services:
(a) For NTNC divide the average population served each day by two and one-half; and
(b) For TNC divide the average population served each day by twenty-five.
(3) Where)) If systems serve both resident and
nonresident populations, the department shall determine the
permit fee category ((shall be determined)) by adding the
number of services and an equivalent for the NTNC and TNC
nonresident population served as calculated in subsection (3)
of this section.
(3) For NTNC and TNC systems, owners shall pay the fee in Table 2 based on equivalent number of services. Population information used in calculating equivalent number of services shall come from the WFI. The department shall use the following formulas to determine equivalent number of services:
(a) For NTNC population, divide the average population served each day by two and one-half; and
(b) For TNC population, divide the average population served each day by twenty-five.
(4) ((In addition to submitting an annual fee, all new
Group A water systems shall be charged a one-time fee of five
dollars for each service or equivalent, based on the
department approved design or as-built approval (see WAC 246-294-030(4)).
(5))) Any county or SMA assuming ownership of a Group A
water system, or court appointed receiver of a Group A water
system ((shall be)) is exempt from the operating permit fee
for ((a period of)) one year after the next renewal date.
[Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order 325), § 246-294-070, filed 1/14/93, effective 2/14/93.]
[Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order 325), § 246-294-080, filed 1/14/93, effective 2/14/93.]
(1) Issuance of informal letters instructing or requiring appropriate corrective measures; or
(2) Issuance of a compliance agreement or schedule; or
(3) Issuance of departmental orders requiring any person
to apply for an operating permit as required by these rules
and RCW 70.119A.110 or to comply with ((any conditions or
requirements)) applicable drinking water regulations imposed
as part of an operating permit; or
(4) Issuance of civil penalties for up to five thousand dollars per day per violation for failure to comply with departmental orders issued in accordance with subsection (3) of this section; or
(5) Legal action by the attorney general or local prosecutor.
[Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order 325), § 246-294-090, filed 1/14/93, effective 2/14/93.]