FINAL BILL REPORT

                           SSB 5688

                          C 482 L 93

                      SYNOPSIS AS ENACTED

Brief Description:  Modifying enforcement of forest practices guidelines.

SPONSORS: Senate Committee on Natural Resources (originally sponsored by Senators Owen, A. Smith and Oke)

SENATE COMMITTEE ON NATURAL RESOURCES

HOUSE COMMITTEE ON NATURAL RESOURCES & PARKS

BACKGROUND:

Forest practice rules incorporate a number of enforcement devices.  These include informal conferences, stop work orders, notices to comply, civil penalties and criminal penalties.  The Department of Natural Resources uses these methods to implement the legislative intent of the Forest Practices Act.  Civil penalties are limited to $500.  It is felt that this $500 penalty offers very little deterrent to operators who act in violation of the rules.

The statutes allow that enforcement of final orders are actions by the Attorney General rather than by the department.  The department cannot satisfy the requirements of final orders because actions can only be taken by the Attorney General's Office.  Current statutes allow the department to perform work that a landowner refuses to perform as a result of a final order. 

SUMMARY:

The Department of Natural Resources may deny a forest practice application or notification submitted by any person who has failed to comply with a final order or who has failed to comply with a final decision of the department.  Any person who has failed to pay civil penalties may be denied a permit for up to one year.  The department will provide written notice of its intent to disapprove an application or notification for a forest practice.  The department will send copies of the notice of intent to disapprove to any affected landowner.  The disapproval period will run from 30 days following the date of the actual notice.  Any person provided the notice may seek review from the Forest Practices Appeals Board by filing a request for review within 30 days of receiving the notice of intent.

The Attorney General may take action to enforce violations of forest practice rules and regulations and may seek penalties and enforce final orders and decisions of the department.  The Attorney General's office may seek civil injunctions, may ask for show cause orders or contempt orders.

The maximum penalty for forest practices violations and for a person who converts forest land to other than commercial timber operations within three years without the consent of the county, city or town, shall be $10,000. 

The Department of Natural Resources will develop and recommend to the Forest Practices Board a penalty schedule to determine the amount of fines to be imposed.  The board will adopt the penalty schedule by rule no later than January 1, 1994.  In developing the rule, consideration will be given to the previous violation history of the person and the severity of impact to public resources.  Additional consideration will be given to whether the violation of the chapter or its rules was intentional, the amount of cooperation the violators showed in working with the department to solve the problem, and the reparability of the adverse effect from the violation.  In adopting a penalty schedule, the Forest Practices Board must provide that penalties will be reduced if the forest landowner is unaware of and has not benefitted from a violation.  The effective date for enforcement using the new penalty schedule is January 1, 1994, after the board adopts penalty rules.

The Department of Natural Resources may use small claims court to collect penalties.

Penalties imposed by the Department of Natural Resources for violations associated with the conversion to a use other than commercial timber growing shall be a lien upon the real property of the person assessed the penalty.  The department may collect fines in the same manner as provided for mechanics liens.

VOTES ON FINAL PASSAGE:

Senate    46   1

House     98   0    (House amended)

Senate    46   1    (Senate concurred)

EFFECTIVE:July 25, 1993