BILL REQ. #:  H-4224.1 

Read first time 01/20/2006.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to noise problems from off-road and all-terrain vehicles; amending RCW 70.107.010, 70.107.050, and 70.107.060; adding new sections to chapter 70.107 RCW; and prescribing penalties.

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

Sec. 1   RCW 70.107.010 and 1974 ex.s. c 183 s 1 are each amended to read as follows:
     The legislature finds that inadequately controlled noise adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment. Antinoise measures of the past have not adequately protected against the invasion of these interests by noise. In particular, the increase in off-road and all-terrain vehicle use in residential neighborhoods is inadequately controlled to protect peace and quiet in homes, the health of residents, and property values. There is a need, therefore, for ((an)) a renewed expansion of efforts statewide with respect to off-road and all-terrain vehicle noise in residential neighborhoods, directed toward the abatement and control of noise, considering the social and economic impact upon the community and the state. The purpose of this chapter is to provide authority for such an expansion of efforts, supplementing existing programs in the field.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.107 RCW to read as follows:
     The department shall, by December 31, 2006, study the adverse effects on residential neighborhoods from the noise generated by off-road and all-terrain vehicles. Based upon its findings, the department shall revise the rules establishing maximum noise levels permissible in identified environments and related use standards relating to the reception of noise within those environments. The revisions must: (1) Strengthen the decibel standards as applied to off-road and all-terrain vehicles so that the standards are stringent enough to protect health, safety, and welfare in residential neighborhoods; and (2) identify enforcement alternatives such as measurable buffers or a narrative standard such as a "plainly audible at the property line" standard that can be easily measured by law enforcement in the field instead of requiring expensive and burdensome protocols for decibel measurement.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.107 RCW to read as follows:
     The interagency committee for outdoor recreation is directed to expand eligibility for the nonhighway and off-road vehicle activities program to include enforcement of nuisance noise complaints in residential areas on private lands by code compliance officials, zoning officials, department of health representatives, or community development representatives. The interagency committee for outdoor recreation shall educate eligible groups about the program to encourage them to apply for these funds.

Sec. 4   RCW 70.107.050 and 1987 c 103 s 2 are each amended to read as follows:
     (1) Any person who violates any rule adopted by the department under this chapter ((shall be)) is subject to a civil penalty ((not to exceed one hundred dollars)) imposed by local government pursuant to this section. Such penalties shall be as follows: One hundred dollars for the first violation; two hundred fifty dollars for the second violation; and one thousand dollars for the third and every subsequent violation. An action under this section shall not preclude enforcement of any provisions of the local government noise ordinance.
     Penalties shall become due and payable thirty days from the date of receipt of a notice of penalty unless within such time said notice is appealed in accordance with the administrative procedures of the local government, or if it has no such administrative appeal, to the pollution control hearings board pursuant to the provisions of chapter 43.21B RCW and procedural rules adopted thereunder. In cases in which appeals are timely filed, penalties sustained by the local administrative agency or the pollution control hearings board shall become due and payable on the issuance of said agency or board's final order in the appeal.
     (2) Whenever penalties incurred pursuant to this section have become due and payable but remain unpaid, the attorney for the local government may bring an action in the superior court of the county in which the violation occurred for recovery of penalties incurred. In all such actions the procedures and rules of evidence shall be the same as in any other civil action.

Sec. 5   RCW 70.107.060 and 1987 c 103 s 1 are each amended to read as follows:
     (1) Nothing in this chapter ((shall be construed to deny)) denies, abridges, or alters alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
     (2) Nothing in this chapter ((shall deny)) denies, abridges, or alters any powers, duties, and functions relating to noise abatement and control now or hereafter vested in any state agency, nor shall this chapter be construed as granting jurisdiction over the industrial safety and health of employees in work places of the state, as now or hereafter vested in the department of labor and industries.
     (3) Standards and other control measures adopted by the department under this chapter ((shall be)) are exclusive except as ((hereinafter)) provided in this subsection. A local government may impose limits that are more stringent, or control sources differing from those ((adopted or)) controlled by the department upon a finding that such requirements are necessitated by special conditions. Noise limiting requirements of local government which differ from those adopted or controlled by the department ((shall be)) are invalid unless first approved by the department. If the department of ecology fails to approve or disapprove standards submitted by local governmental jurisdictions within ninety days of submittal, such standards shall be deemed approved. If disapproved, the local government may appeal the decision to the pollution control hearings board which shall decide the appeal on the basis of the provisions of this chapter, and the applicable ((regulations)) rules, together with such briefs, testimony, and oral argument as the hearings board in its discretion may require. The department determination of whether to grant approval shall depend on the reasonableness and practicability of compliance. Particular attention shall be given to stationary sources located near jurisdictional boundaries, and temporary noise producing operations which may operate across one or more jurisdictional boundaries.
     (4) In carrying out the rule-making authority provided in this chapter, the department shall follow the procedures of the administrative procedure act, chapter 34.05 RCW, and shall take care that no rules adopted purport to exercise any powers preempted by the United States under federal law.