SENATE BILL REPORT

HB 516

BYRepresentatives Rust, Allen, Unsoeld, May and Todd; by request of Puget Sound Water Quality Authority

Revising penalties for violation of water pollution statutes.

House Committe on Environmental Affairs

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 18, 1988; February 23, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Metcalf, Chairman; Benitz, DeJarnatt, Kreidler, Owen, Rinehart.

Senate Staff:Gary Wilburn (786-7453)

                  February 24, 1988

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 23, 1988

BACKGROUND:

Chapter 90.48 RCW provides for the control of water pollution in the state, including the requirement that permits be obtained from the Department of Ecology for the discharge of pollutants into state waters, including groundwater.  RCW 90.48.140 provides for a fine of up to $10,000 or one year imprisonment or both for wilful violations of any provisions of this chapter, or for violations of any orders or directives of the department or a court under this chapter.

SUMMARY:

The penalty under RCW 90.48.140 for violation of water pollution laws or directives is increased to a class C felony, as provided in RCW 9A.20.021.  Subsection 3 of RCW 9A.20.021 provides that punishments for a class C felony shall not exceed confinement in a state correctional institution for five years, or a fine in an amount fixed by the court of $10,000, or by both such confinement and fine.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Only an "intentional" violation, rather than a "wilful" violation, constitutes the crime defined.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Kathy Fletcher, chair, Puget Sound Water Quality Authority (for); David Smukowski, Boeing (oppose); Bruce Wishart, Sierra Club (for); Llewellyn Mathews, NW Pulp and Paper Association (against); Randy Ray, Todd Shipyards (against)