SENATE BILL REPORT

SB 5073

BYSenators Talmadge, Nelson and Moore

Relating to waste disposal permit violations.

Senate Committee on Parks and Ecology

Senate Hearing Date(s):January 14, 1987; March 5, 1987

Majority Report:  That Substitute Senate Bill No. 5073 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Kreidler, Chairman; Rinehart, Vice Chairman; Bluechel, Hansen

Senate Staff:Henry Yates (786-7708)

                  March 10, 1987

AS REPORTED BY COMMITTEE ON PARKS & ECOLOGY, MARCH 5, 1987

BACKGROUND:

Currently, the Department of Ecology's penalty setting structure is included in agency guidelines.  The Legislative Budget Committee, the Puget Sound Water Quality Authority, and other groups have advocated the agency placing its waste discharge violation penalties in rule.  The justification for this was that by using guidelines, the agency was able to change its approach to enforcement at will.  It was also noted that persons being assessed penalties could not refer to any readily available criteria that was used to levy the fine.  Other problems, such as the agency reducing penalty amounts without sufficient justification, were also reasons why recommendations were made for the agency to make its enforcement policy an administrative rule.

SUMMARY:

The bill directs Ecology to develop by rule, on or before July 31, 1987, a schedule of determinate penalties for water quality permit violations.  Mandatory minimum penalties are called for and the schedule must be based on the frequency and severity of the violation.

EFFECT OF PROPOSED SUBSTITUTE:

By December 31, 1987, the Department of Ecology and the Pollution Control Hearings Board will submit a report to the Legislature on their implementation of the Department's enforcement guidelines. Included in the report will be recommendations on how the agency can effectively put its enforcement guidelines into rule.

Fiscal Note:      requested

Senate Committee - Testified: Marc Horton, Washington Dept. of Ecology