SENATE BILL REPORT

SB 5467

BYSenators Metcalf, Kreidler, DeJarnatt, Nelson, Talmadge, Benitz, Owen, Rinehart, Lee, Amondson and Conner; by request of Puget Sound Water Quality Authority

Revising penalties for unpermitted discharges of wastes.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 25, 1989

Senate Staff:Barry Brandon (786-7717)

AS OF FEBRUARY 15, 1989

BACKGROUND:

To insure that present and future standards of water quality are maintained, the state provides for the assessment of both civil and criminal penalties against violators of the state's water pollution law (RCW 90.48).  In recognition that some incidents of water pollution are willful and in total disregard of Washington water law and policy, it has been suggested that the state increase criminal penalties against persons who commit egregious violations of state pollution laws.

The Department of Ecology is authorized to control and prevent the pollution of Washington waters.  Penalties for violations are as follows:  fines up to $10,000, or imprisonment not more than one year, or both.

SUMMARY:

The penalty for violation of Washington pollution laws is classified as a gross misdemeanor as provided in RCW 9A.20.021.  Penalties are increased to a class C felony (as defined by RCW 9A.20.021) for any person who willfully commits a specified violation.  Those violations are:  (1) omitting or falsifying records, reports, information plans or specifications required by the Department of Ecology (DOE); (2) falsifying, tampering or rendering inaccurate any monitoring device, or tampering with any portion of a treatment or conveyance system that results in the discharge of untreated waste which does not meet permit standards; (3) discharging after permit revocation, without a permit, or in violation of department's final written order or directive; (4) failure to report a discharge which violates or exceeds permit specifications; and (5) failure to comply with final written order or directive of DOE.

A new section is added which defines "willful," "final written order or directive of the department," and "person."

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested