S-0552.1          _______________________________________________

                                 SENATE BILL 5400

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators Hansen, Barr and Bailey.

Read first time January 30, 1991.  Referred to Committee on Agriculture & Water Resources.

Prescribing fine for improper notice for water well construction.

     AN ACT Relating to civil fines for failure to submit proper prior notice for construction of water wells; amending RCW 18.104.155; and prescribing penalties.

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

     Sec. 1.  RCW 18.104.155 and 1987 c 394 s 1 are each amended to read as follows:

     The department of ecology may levy a civil penalty of up to one hundred dollars per day for violation of this chapter or rules or orders of the department adopted or issued pursuant to it.  For the second and each subsequent violation of RCW 18.104.048 that occurs in the same calendar year, the department may levy a civil penalty of up to two hundred fifty dollars.  Procedures of RCW 90.48.144 shall be applicable to all phases of levying of such a penalty as well as review and appeal of them.  For each notice regarding a violation, resulting from the improper construction of a well, that is sent to a water well contractor or water well construction operator, the department shall send a copy of the notice for information purposes only to the owner of the land on which the improperly constructed well is located.