SENATE BILL REPORT

SB 5895

BYSenator Williams

Imposing penalties for violations of provisions relating to nuclear energy and radiation.

Senate Committee on Energy & Utilities

Senate Hearing Date(s):February 24, 1987

Majority Report:  That Substitute Senate Bill No. 5895 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Williams, Chairman; Owen, Vice Chairman; Smitherman, Stratton.

Senate Staff:Elaine Rose (786-7455)

                  February 24, 1987

AS REPORTED BY COMMITTEE ON ENERGY & UTILITIES, FEBRUARY 24, 1987

BACKGROUND:

The Department of Ecology has the authority to assess civil penalties against violators of state hazardous waste management statutes and regulations.  The Department of Social and Health Services' Radiation Control Agency lacks the same civil penalty authority for violators of state radioactive waste statutes and regulations.  Presently the only civil remedy available to the Department is to suspend a site use permit or request the Attorney General to file for an injunction.

SUMMARY:

The Radiation Control Agency may assess a civil penalty of up to $10,000 per day for every violation of the state statutes and regulations pertaining to radioactive waste management under RCW 70.98.

The penalty will be imposed by written notice.  Opportunity is provided for the person incurring the penalty to request remission or mitigation of the penalty.

The penalty is due and payable within 30 days after receipt of the notice imposing the penalty unless remission or mitigation is sought.

If a penalty is not paid, the agency may request the Attorney General to bring an action to recover the penalty.

EFFECT OF PROPOSED SUBSTITUTE:

The civil penalty that may be assessed is reduced from $10,000 to $2,000 per day per violation with a $10,000 cap for all violations per day.

The penalty may be assessed against site use permittees and the disposal site operator.

Assessment of penalties are subject to the Administrative Procedure Act.  The agency will develop regulations to implement the penalty authority.

Fiscal Note:      none requested

Senate Committee - Testified: Nancy Kirner, DSHS; Barry Bede, US Ecology; Elaine Carlin, DOE