H-1471              _______________________________________________

                                                   HOUSE BILL NO. 1972

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Hargrove, Jones, Phillips and Basich

Read first time 2/15/89 and referred to Committee on Environmental Affairs.

AN ACT Relating to oil shipment; amending RCW 90.48.390 and 90.48.350; and adding new sections to chapter 90.48 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     As used in section 2 of this act, the following terms have the meanings indicated unless the context clearly requires otherwise.

          (1) "Oil" or "oils" means oil, including gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse, or any other petroleum-related product.

          (2) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever and any owner, operator, master, officer, or employee of a ship.

          (3) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

NEW SECTION. Sec. 2.     (1) A person who offers berthing to a ship carrying oil must have in place a berthing contingency plan.  The plan must detail the procedures to be followed at the berth in safely securing the ship.  The plan must contain contingency plans specifically addressing steps to be taken under various weather conditions, including but not limited to, winds in excess of fifty miles per hour.  The contingency plans must address specific accidents that have occurred in the area and ways to prevent similar accidents from occurring in the future.  The berthing contingency plan must be filed with, and approved by, the department of ecology.

          (2) A person who berths a ship without having a berthing contingency plan in place as required by this section shall incur a penalty of up to ten thousand dollars a day for every ship so berthed.  Moneys collected under this section shall be paid into the coastal protection fund established in RCW 90.48.390.

        Sec. 3.  Section 4, chapter 180, Laws of 1971 ex. sess. and RCW 90.48.390 are each amended to read as follows:

          The coastal protection fund is established to be used by the department as a revolving fund for carrying out the purposes of RCW 90.48.315 through 90.48.365 and RCW 78.52.020, 78.52.125, 82.36.330, 90.48.315, 90.48.370 through 90.48.410, 90.48.903, 90.48.906 and 90.48.907.  To this fund there shall be credited penalties, fees, and charges received pursuant to the provisions of RCW 90.48.315 through 90.48.365 and section 2 of this act, and an amount equivalent to one cent per gallon from each marine use refund claim under RCW 82.36.330.

          Moneys in the fund not needed currently to meet the obligations of the department in the exercise of its powers, duties, and functions under RCW 90.48.315 through 90.48.365 and RCW 78.52.020, 78.52.125, 82.36.330, 90.48.315, 90.48.370 through 90.48.410, 90.48.903, 90.48.906 and 90.48.907 shall be deposited with the state treasurer to the credit of the fund and may be invested in such manner as is provided for by law.  Interest received on such investment shall be credited to the fund.

        Sec. 4.  Section 7, chapter 133, Laws of 1969 ex. sess. as last amended by section 20, chapter 109, Laws of 1987 and RCW 90.48.350 are each amended to read as follows:

          Any person who intentionally or negligently discharges oil, or causes or permits the entry of the same, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to ((twenty)) forty thousand dollars for every such violation, and for each day of a continuing violation; said amount to be determined by the director after taking into consideration the gravity of the violation, the previous record of the violator in complying, or failing to comply, with the provisions of chapter 90.48 RCW, and such other considerations as the director deems appropriate.  Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for.  The penalty herein provided for shall be imposed pursuant to RCW 43.21B.300.

NEW SECTION. Sec. 5.     Sections 1 and 2 of this act are each added to chapter 90.48 RCW.