S-0455.2 _______________________________________________
SENATE BILL 5208
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State of Washington 55th Legislature 1997 Regular Session
By Senators Morton, Loveland, Newhouse, Rasmussen, Swecker, Hochstatter and Hale
Read first time 01/20/97. Referred to Committee on Agriculture & Environment.
AN ACT Relating to environmental complaint handling; adding a new section to chapter 70.94 RCW; and adding a new section to chapter 90.48 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.94 RCW to read as follows:
(1) If the department receives a complaint regarding an alleged violation of the provisions of this chapter, the department must record the name, address, and telephone number of the complainant. The complainant must also specify where and when the alleged violation occurred, exactly what the complainant witnessed, the impact of the alleged violation on the complainant's interests, and if the owner or operator was present at the time the complainant witnessed the alleged violation. To be valid, a complaint must have all of the elements required in this subsection (1).
(2) The department may only investigate valid complaints as defined in subsection (1) of this section. Prior to taking any action on a valid complaint, the department must notify the landowner of the complaint, the nature of the complaint, and the name of the complainant. The department must also request permission from the landowner or operator to enter private property to investigate the complaint. The investigation must be limited to the scope of the complaint. If access is denied, the department may seek a search warrant through the legal process.
(3) If, upon investigation of a valid claim, a violation of this chapter is deemed to have occurred, the agency must provide the landowner or operator twenty days to correct the violation prior to issuance of an order or civil fine. This provision applies only if the violation is not willful or repeated.
NEW SECTION. Sec. 2. A new section is added to chapter 90.48 RCW to read as follows:
(1) If the department receives a complaint regarding an alleged violation of the provisions of this chapter, the department must record the name, address, and telephone number of the complainant. The complainant must also specify where and when the alleged violation occurred, exactly what the complainant witnessed, the impact of the alleged violation on the complainant's interests, and if the owner or operator was present at the time the complainant witnessed the alleged violation. To be valid, a complaint must have all of the elements required in this subsection (1).
(2) The department may only investigate valid complaints as defined in subsection (1) of this section. Prior to taking any action on a valid complaint, the department must notify the landowner of the complaint, the nature of the complaint, and the name of the complainant. The department must also request permission from the landowner or operator to enter private property to investigate the complaint. The investigation must be limited to the scope of the complaint. If access is denied, the department may seek a search warrant through the legal process.
(3) If, upon investigation of a valid claim, a violation of this chapter is deemed to have occurred, the agency must provide the landowner or operator twenty days to correct the violation prior to issuance of an order or civil fine. This provision applies only if the violation is not willful or repeated.
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