S-2014

AN ACT Relating to environmental complaint handling; amending RCW 70.94.200, 70.94.211, 70.94.332, 90.48.090, and 90.48.120; adding a new section to chapter 90.48 RCW; and prescribing penalties.

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

Sec. 1. RCW 70.94.200 and 1987 c 109 s 38 are each amended to read as follows:

For the purpose of investigating substantive allegations contained in a signed complaint or personal observation of conditions specific to the control, recovery, or release of air contaminants into the atmosphere in violation of this chapter, rules adopted under this chapter, the federal clean air act, a permit issued under the authority of this chapter, or any determination or order issued under the authority of this chapter, a control officer, the department, or their duly authorized representatives, ((~~shall have the power to~~)) upon presentation of credentials, may enter at reasonable times upon any private or public property, excepting nonmultiple unit private dwellings housing two families or less. ((~~No person shall refuse~~)) If a control officer, the department, or their duly authorized representative is refused entry or access ((~~to any control officer, the department, or their duly authorized representatives, who requests entry for the purpose of inspection, and who presents appropriate credentials; nor shall~~)), after requesting entry for the purpose of inspection and presenting appropriate credentials, or if any person shall obstruct, hamper, or interfere with any such inspection the attorney general, on behalf of the state, may either petition the superior court of the county in which the property is located for a warrant authorizing entry or commence a civil action to compel compliance with a request for entry, to authorize entry, and to enjoin interference with the lawful performance of inspection duties under this chapter. Refusal of entry or access is not a violation of the provisions of this chapter subject to criminal and civil penalties under RCW 70.94.430 and 70.94.431.

A person who in good faith files a complaint under this section shall be entitled to protection from civil liability under RCW 4.24.500 and 4.24.510. Any person who knowingly or maliciously files a complaint under this section containing any false information or allegations is guilty of a gross misdemeanor punishable as provided under RCW 9A.20.021. To the extent that complaints filed with the department under this section are made a part of the record in support of a notice of violation under RCW 70.94.211 or 70.94.332, they shall be eligible for exemption from public disclosure under RCW 42.17.310.

Sec. 2. RCW 70.94.211 and 1991 c 199 s 309 are each amended to read as follows:

At least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 or 70.94.431 a local air authority shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts established by cogent site-specific scientific evidence alleged to constitute a violation thereof, and may include an order directing that necessary corrective action be taken within a reasonable time. In lieu of an order, the board or the control officer may require that the alleged violator or violators appear before the board for a hearing. Every notice of violation shall offer to the alleged violator an opportunity to meet with the local air authority prior to the commencement of enforcement action.

Sec. 3. RCW 70.94.332 and 1991 c 199 s 711 are each amended to read as follows:

At least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 and 70.94.431, the department of ecology shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts established by cogent site-specific scientific evidence alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reasonable time. In lieu of an order, the department may require that the alleged violator or violators appear before it for the purpose of providing the department information pertaining to the violation or the charges complained of. Every notice of violation shall offer to the alleged violator an opportunity to meet with the department prior to the commencement of enforcement action.

Sec. 4. RCW 90.48.090 and 1994 c 232 s 21 are each amended to read as follows:

The department or its duly appointed agent ((~~shall have the right to~~)), upon presentation of identifying credentials, may enter at all reasonable times in or upon any property, public or private, in which an effluent source is located, for the purpose of inspecting and investigating conditions relating to the pollution of or the possible pollution of any of the waters of this state.

The department shall have special inspection requirements for metals mining and milling operations regulated under chapter 232, Laws of 1994. The department shall inspect these mining and milling operations at least quarterly in order to ensure compliance with the intent and any permit issued pursuant to this chapter. The department shall conduct additional inspections as needed during the construction phase of these mining operations in order to ensure compliance with this chapter.

Sec. 5. RCW 90.48.120 and 1992 c 73 s 25 are each amended to read as follows:

((~~(1)~~)) Whenever((~~, in the opinion of~~)) the department determines, ((~~any~~)) based upon substantive allegations contained in a signed complaint or upon its own observation, that there is probable cause to believe that a person ((~~shall violate~~)) has violated or ((~~creates~~)) created a substantial potential to violate the provisions of this chapter or chapter 90.56 RCW, or ((~~fails~~)) has failed to control the polluting content of waste discharged or to be discharged into any waters of the state, the department shall conduct an investigation. If cogent site-specific scientific evidence supports a determination by the department that a violation has occurred or will occur in the absence of preventive action, it shall further determine whether immediate action is necessary to accomplish the purposes of this chapter or chapter 90.56 RCW. If immediate action is not necessary, the department shall notify such person of its determination by registered mail. Such determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of such determination, such person shall file with the department a full report stating what steps have been and are being taken to control such waste or pollution or to otherwise comply with the determination of the department. Whereupon the department shall issue such order or directive as it deems appropriate under the circumstances, and shall notify such person thereof by registered mail.

((~~(2)~~)) Whenever the department ((~~deems~~)) determines that immediate action is necessary to accomplish the purposes of this chapter or chapter 90.56 RCW, it may issue such order or directive, as appropriate under the circumstances, and serve it by registered mail or personally upon any person to whom it is directed without first issuing a notice or determination ((~~pursuant to subsection (1) of this section. An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed~~)).

A person who in good faith files a complaint with the department under this section shall be entitled to protection from civil liability under RCW 4.24.500 and 4.24.510. A person who knowingly or maliciously files a complaint with the department under this section containing any false information or allegations is guilty of a gross misdemeanor punishable as provided under RCW 9A.20.021. To the extent that complaints filed with the department under this section are made a part of the record of a determination that a violation has or is about to occur, they shall be eligible for exemption from public disclosure under RCW 42.17.310.

NEW SECTION. Sec. 6. A new section is added to chapter 90.48 RCW to read as follows:

Nothing in chapter . . ., Laws of 1997 (this act) shall be interpreted as diminishing the department's authority under RCW 90.48.260 to adopt a comprehensive state point source waste discharge or pollution discharge elimination permit program meeting the minimum requirements established by the federal government for qualifying for full responsibility for the administration of the federal clean water act.