2716 AMS HEAV GUY 004

HB 2716 - S AMD TO ECP COMM AMD (S-5600.1) - 262

    BySenator Heavey

    On page 1, after line 15, insert the following:

    "NEW SECTION Sec. 3.  CITIZEN SUITS.  (1)  Except as provided in subsection (3) of this section, any citizen may commence a civil action on his or her own behalf against any person who is alleged to have violated or to be in violation of either:

    (a) a wastewater discharge permit issued under this chapter; or

    (b) an order issued by the department with respect to such a permit; where the violation has ocurred for more than one day or more than a single instance of a violation. 

    (2) Such civil action may be brought in the Superior Court for the county in which the alleged violation occurred or occurs.  The Superior Court shall have jurisdiction to issue appropriate relief, including providing injunctive relief, assessing civil penalties, and awarding costs of litigation, including reasonable attorney's fees.

    (3)  No action may be commenced under subsection (1) of this section:

    (a)  prior to 60 days after the plaintiff has given notice by certified mail of the violation to the following parties: (i) the alleged violator of the permit; (ii) the Attorney General of Washington; and (iii) the director of the department of ecology.  Such notice must be specific enough to allow the alleged violator to identify the actions, conduct or circumstances that will be the subject of the action.  Such notice will be considered served on the postmark date.  An action under subsection (1) of this section may be brought immediately upon giving notice only if the violations present a substantial risk of immediate and irreparable endangerment to human health or the environment; and 

    (b)  if the department has commenced and is diligently prosecuting an administrative or judicial action to enforce a permit, provided that such action: (i) has resulted or will result in a cessation of all alleged violations; (ii) has resulted or will result in assessment of a monetary penalty in an amount not less than the violator's economic benefit from the violations; and (iii) was commenced prior to the commencement of an action under subsection (a) of this section.

    (4)  Whenever an action is brought under subsection (1) of this section, the plaintiff shall serve, by first class mail, copies of the complaint on the Attorney General of Washington and the director of the department of ecology.

    (5)  The court, upon finding violation of a wastewater discharge permit, may assess a civil penalty against the violator as provided in RCW 90.48.144.

    (6)  The court, in issuing any final order in any action brought pursuant to this section, shall award costs of litigation, including reasonable attorney's and expert witness' fees, to a prevailing or substantially prevailing plaintiff.  The court may award such costs of litigation to a prevailing defendant whenever the court determines such award serves justice.

    (7)  Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or requirement or to seek any other relief.

    (8)  As used in this section,

    (a)  the term "citizen" means a person or persons having an interest which is or may be adversely affected by an alleged violation of a wastewater discharge permit issued under this chapter; and

    (b)  the term "person" means an individual, corporation, partnership, association, State, county, municipality, commission, or other government entity."

    Renumber sections consecutively and correct any internal references accordingly.

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