S-1277               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5075

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senator Smith)

Read first time 1/27/89.

AN ACT Relating to water pollution; and amending RCW 90.48.095 and 90.48.090.

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

        Sec. 1.  Section 9, chapter 13, Laws of 1967 as amended by section 128, chapter 109, Laws of 1987 and RCW 90.48.095 are each amended to read as follows:

          In carrying out the purposes of this chapter the department shall, in conjunction with either the promulgation of rules and regulations, consideration of an application for a waste discharge permit or the termination or modification of such permit, inspection and investigation of conditions relating to water pollution, or adjudicative proceedings ((in contested cases)), have the authority to issue process and subpoena witnesses effective throughout the state on its own behalf or that of an interested party, compel their attendance, administer oaths, take the testimony of any person under oath and, in connection therewith require the production for examination of any books or papers relating to the matter under consideration by the department.  In case of disobedience on the part of any person to comply with any subpoena issued by the department, or on the refusal of any witness to testify to any matters regarding which he may be lawfully interrogated, it shall be the duty of the superior court of any county, or of the judge thereof, on application of the department, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.  In connection with the authority granted under this section no witness or other person shall be required to divulge trade secrets or secret processes.  Persons responding to a subpoena as provided herein shall be entitled to fees as are witnesses in superior court.

        Sec. 2.  Section 15, chapter 216, Laws of 1945 as amended by section 127, chapter 109, Laws of 1987 and RCW 90.48.090 are each amended to read as follows:

          The department or its duly appointed agent shall have the right to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating conditions relating to the pollution of or the possible pollution of any of the waters of this state.

The department and all equipment of the department shall be subject to sterilization procedures prior to entry to fish culture units.  Three days' notice must be furnished to the owner prior to entry to allow for trained personnel of the owner to be present to supervise procedures as necessary.