S-75                  _______________________________________________

                                                   SENATE BILL NO. 5500

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Anderson, McMullen and Conner

Read first time 1/26/89 and referred to Committee on   Environment & Natural Resources.

AN ACT Relating to the enforcement of forest practice violations; and amending RCW 76.09.140.

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

        Sec. 1.  Section 14, chapter 137, Laws of 1974 ex. sess. as amended by section 8, chapter 200, Laws of 1975 1st ex. sess. and RCW 76.09.140 are each amended to read as follows:

          (1) The department of natural resources, through the attorney general, may take any necessary action to enforce any final order or final decision, or to enjoin any forest practices by any person for a ((one year)) period of at least one year and no greater than five years after such person has failed to comply with a final order or a final decision.  The length of the injunction shall reflect the severity of the damage sustained and whether the person has previously violated this chapter.

          (2) A county may bring injunctive, declaratory, or other actions for enforcement for forest practice activities within its jurisdiction in the superior court as provided by law against the department, the forest land owner, timber owner or operator to enforce the forest practice regulations or any final order of the department, or the appeals board:  PROVIDED, That no civil or criminal penalties shall be imposed for past actions or omissions if such actions or omissions were conducted pursuant to an approval or directive of the department of natural resources:  AND PROVIDED FURTHER, That such actions shall not be commenced unless the department fails to take appropriate action after ten days written notice to the  department by the county of a violation of the forest practices regulations or final orders of the department or the appeals board.