S-4575.1 _______________________________________________
SUBSTITUTE SENATE BILL 6376
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State of Washington 56th Legislature 2000 Regular Session
By Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Kline, Fraser, Heavey, Patterson, Thibaudeau and Kohl‑Welles)
Read first time 02/04/2000.
AN ACT Relating to injunctive relief under the shoreline management act; amending RCW 90.58.230; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. By this act, the legislature intends to provide injunctive relief to private persons who have sustained damage to their own property.
Sec. 2. RCW 90.58.230 and 1971 ex.s. c 286 s 23 are each amended to read as follows:
Any person subject to the regulatory program of this chapter who violates any provision of this chapter or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The attorney general or local government attorney shall bring suit for damages under this section on behalf of the state or local governments. Private persons shall have the right to bring suit for damages and for injunctive relief under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party.
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