SENATE BILL REPORT

SB 5591

BYSenators Talmadge, Kreidler, Rinehart, Lee and Fleming; by request of Puget Sound Water Quality Authority

Revising penalties for violation of water pollution statutes.

Senate Committee on Parks & Ecology

Senate Hearing Date(s):March 5, 1987

Senate Staff:Gary Wilburn (786-7453)

AS OF MARCH 2, 1987

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 of Ecology 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.

Fiscal Note:      none requested