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SUBSTITUTE
HOUSE BILL 2768
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Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 02/07/92. Allowing technical assistance officers for the department
of ecology.
AN ACT
Relating to department of ecology technical assistance officers; and adding new
sections to chapter 43.21A RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 43.21A RCW to read as follows:
The
department, to the greatest extent possible, within available resources and
without jeopardizing the department's ability to carry out its legal
responsibilities, may designate one or more of its employees as a technical
assistance officer, and may organize the officers into one or more technical
assistance units within the department. The duties of a technical assistance
officer are to coordinate voluntary compliance with the regulatory laws
administered by the department and to provide technical assistance concerning
compliance with the laws.
NEW
SECTION. Sec. 2. A new
section is added to chapter 43.21A RCW to read as follows:
(1) An
employee designated by the department as a technical assistance officer or as a
member of a technical assistance unit may not, during the period of the
designation, have authority to issue orders or assess penalties on behalf of
the department. Such an employee who provides on-site consultation at an
industrial or commercial facility and who observes violations of the law shall
inform the owner or operator of the facility of the violations. On-site
consultation visits by such an employee may not be regarded as inspections or
investigations and no notices or citations may be issued or civil penalties
assessed during such a visit. However, violations of the law must be reported
to the appropriate officers within the department. If the owner or operator of
the facility does not correct the observed violations within a reasonable time,
the department may reinspect the facility and take appropriate enforcement
action. If a technical assistance officer or member of a technical assistance
unit observes a violation of the law that places a person in danger of death or
substantial bodily harm, or has caused or is likely to cause physical damage to
the property of others in an amount exceeding one thousand dollars, the
department may initiate enforcement action immediately upon observing the
violation.
(2)
The state, the department, and officers or employees of the state shall not be
liable for damages to a person to the extent that liability is asserted to
arise from the performance by technical assistance officers of their duties, or
if liability is asserted to arise from the failure of the department to supply
technical assistance.
