S-1485.3  _______________________________________________

                         SENATE BILL 5910

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Swecker, Oke, Wood, Johnson, Schow, Palmer and Finkbeiner

Read first time 02/14/95.  Referred to Committee on Ecology & Parks.

Requiring the department of ecology to enforce the clean water act especially with regard to citizen lawsuits.

    AN ACT Relating to citizen lawsuits; adding a new section to chapter 90.48 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that it is of paramount interest to the citizens of the state of Washington that the waters of this state be protected.

    The legislature further finds that the state must provide for equitable and timely enforcement of water quality regulations to minimize expensive and unproductive litigation.

    Therefore, the legislature declares that it is critical for the department of ecology to enforce the provisions of the federal clean water act, especially in regard to 33 C.F.R. Sec. 1365 relating to citizen lawsuits to the fullest extent possible.

NEW SECTION. Sec. 2.  A new section is added to chapter 90.48 RCW to read as follows:

    The department shall initiate enforcement action commensurate with any violation for which notice has been provided to the department under 33 C.F.R. Sec. 1365(b)(1)(A) as it existed on the effective date of this section within forty-five days of receipt of notice, and shall diligently pursue any violation until an adjudication or consent decree is entered by a court of competent jurisdiction.

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