BILL REQ. #:  S-3862.2 

Read first time 01/19/2004.   Referred to Committee on Parks, Fish & Wildlife.

     AN ACT Relating to compliance with the hydraulic project approval requirements; amending RCW 77.15.300; and adding a new section to chapter 77.55 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.55 RCW to read as follows:
     If any person or government agency fails to follow the requirements of obtaining hydraulic project approval under this chapter or fails to carry out any of the requirements or conditions of a hydraulic project approval issued under this chapter, the department may issue a cease and desist order to that person or government agency. The cease and desist order must set forth the specific nature, extent, and time of violation, the damage or potential damage, a notice that the violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a specified time. Within twenty days of service of a cease and desist or other order or as provided by rule of the department extending the time, the person may file a written petition with the department appealing the order, and this petition must be treated as an application for an adjudicative proceeding under chapter 34.05 RCW. In the event of an appeal, a person or government agency may seek interim relief from a cease and desist or other order under this section as provided in chapter 34.05 RCW.

Sec. 2   RCW 77.15.300 and 2000 c 107 s 239 are each amended to read as follows:
     (1) Except as otherwise provided in this section, a person is guilty of unlawfully undertaking hydraulic project activities if the person constructs any form of hydraulic project or performs other work on a hydraulic project and:
     (a) Fails to have a hydraulic project approval required under chapter 77.55 RCW for such construction or work; ((or))
     (b) Violates any requirements or conditions of the hydraulic project approval for such construction or work; or
     (c) Violates any cease and desist or other order issued under section 1 of this act if that order has been either served on the person or posted at the site of the violation, except if the person acts in accordance with any relief under chapter 34.05 RCW pursuant to a timely appeal or timely relief from the department cease and desist or other order.
     (2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.
     (3) A person is not guilty of unlawfully undertaking hydraulic project activities if the person is subject to a cease and desist or other order issued under section 1 of this act unless the person violates the cease and desist or other order. This section does not apply to activities that are the subject of a cease and desist or other order issued under section 1 of this act and the person does not violate such an order.