AH

WSR 97-09-015

PERMANENT RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[Filed April 7, 1997, 4:20 p.m.]

Date of Adoption: April 3, 1997.

Purpose: To amend criminal prosecution procedures and criminal penalty procedures. To add prohibition of false statements and of monitoring tampering. To clarify and improve consistency with enabling state law, chapter 70.94 RCW.

Citation of Existing Rules Affected by this Order: Amending SCAPCA Regulation I, Article II--General Provisions.

Statutory Authority for Adoption: RCW 70.94.141.

Adopted under notice filed as WSR 97-05-045 on February 18, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 3, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 3, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 3, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

April 3, 1997

Kelle R. Vigeland

Environmental Engineer

PROPOSED AMENDMENTS TO SCAPCA REGULATION I, ARTICLE II, SECTIONS 2.04, 2.08, & 2.11

AMENDATORY SECTION (Amending WSR 92-07-068, filed 3/16/92)

SECTION 2.04 VIOLATIONS

A. At least thirty days prior to the commencement of any formal enforcement action under ((Chapter)) RCW 70.94.430 ((RCW)) or ((Chapter)) RCW 70.94.431, ((RCW)) the Authority shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of Chapter 70.94 RCW, or any regulation, ordinance, or resolution in force pursuant thereto, ((the State Law or of this Regulation)) alleged to be violated and the facts alleged to constitute a violation thereof, and may include an order directing that necessary corrective action be taken within a reasonable amount of time. In lieu of an order, the Board or the Control Officer may require that the alleged violator or violators appear before the ((Hearings Board)) Board of Directors for a hearing. Every Notice of Violation shall offer to the alleged violator an opportunity to meet with the Authority prior to the commencement of enforcement action.

B. The Control Officer may, in place of an order or hearing after service of a notice of violation ((and expiration of reasonable and/or required period of time without correction)), request the County Prosecutor to prosecute a criminal action against the violator.

AMENDATORY SECTION (Amending rule section adopted before SCAPCA followed 34.05.320 and 34.05.380)

SECTION 2.08 FALSIFICATION OF STATEMENTS OR DOCUMENTS,((UNLAWFUL ALTERATION OF)) AND TREATMENT OF DOCUMENTS((, DISPLAY OF DOCUMENTS, AND THEIR REMOVAL OR MUTILATION PROHIBITED))

A. No person shall willfully make a false or misleading statement to the Board or their authorized representative as to any matter within the jurisdiction of the Board.

B. No person shall reproduce or alter, or cause to be reproduced or altered, any order, registration certificate, or other paper issued by the Authority ((Agency)) if the purpose of such reproduction or alteration is to evade or violate any provision of Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto ((this Regulation or any other law)).

C. Any order or registration certificate required to be obtained by Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto, ((this Regulation)) shall be available for review on the premises designated on the order or certificate.

D. In the event the Authority requires a notice to be displayed, it shall be posted. No person shall mutilate, obstruct or remove any notice unless authorized to do so by the ((Board)) Authority.

E. No person shall make any false material statement, representation or certification in any form, in any notice or report required under Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto.

F. No person shall render inaccurate any monitoring device or method required under Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto.

AMENDATORY SECTION (Amending WSR 92-07-069, filed 3/16/92)

SECTION 2.11 PENALTIES

A. Criminal Penalties

1. Any person who knowingly violates any of the provisions of Chapter 70.94 RCW or any regulation, ordinance, or resolution in force pursuant thereto, is guilty of a crime and upon conviction is subject to punishment by a fine or by imprisonment in county jail or by both fine and imprisonment as provided by Chapter 70.94 RCW for each separate violation. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate and distinct violation.

2. Any person who negligently releases into the ambient air any substance listed by the Department of Ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm is guilty of a crime and upon conviction is subject to punishment by a fine or by imprisonment or both as provided by Chapter 70.94 RCW.

3. Any person who knowingly releases into the ambient air any substance listed by the Department of Ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who knows at the time that he or she thereby places another person in imminent danger of death or substantial bodily harm, is guilty of a crime and upon conviction is subject to punishment by a fine or by imprisonment or both as provided by Chapter 70.94 RCW.

4. Any person who knowingly fails to disclose a potential conflict of interest under Chapter 70.94 RCW is guilty of a gross misdemeanor, and upon conviction thereof, is subject to a fine as provided by Chapter 70.94 RCW

B. Other Penalties

1.a. In addition to or as an alternative ((alternate)) to any other penalty provided by law, any person who violates any of the provisions of Chapter 70.94 RCW or any of the rules and regulations of the Department of Ecology or this Authority in force under this chapter may incur a civil penalty in an amount not to exceed that provided by Chapter 70.94 RCW for each violation. Each such violation is a separate and distinct offense, and in case of a continuing violation, each day's continuance is a separate and distinct violation.

b. Any person who fails to take action as specified by an order issued pursuant to Chapter 70.94 RCW or this Regulation is liable for a civil penalty in an amount not to exceed the penalty authorized by Chapter 70.94 RCW for each day of continued noncompliance.

2. Penalties incurred but not paid shall accrue interest, beginning on the ninety-first day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 ((RCW)) on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the thirty-first day following final resolution of the appeal.

3. Each act of commission or omission which procures, aids, or abets in the violation is a violation under the provisions of this section and subject to the same penalty.

4. The penalty is due and payable on the later of:

a. Thirty days after receipt of the notice imposing the penalty;

b. Thirty days after receipt of the notice of disposition on application for relief from penalty, if such an application is made; or

c. Thirty days after receipt of the notice of decision of the Pollution Control Hearings Board of Washington if the penalty is appealed.

((when the person incurring the same receives a notice in writing from the Control Officer of the Authority or his designee describing the violation with reasonable particularity and advising such person that the penalty is due unless a request is made for a hearing to the Pollution Control Hearings Board as provided in Chapter 43.21B RCW. When a request is made for a hearing, the penalty is due and payable only upon completion of all review proceedings and the issuance of a final order affirming the penalty in whole or part.)) If the ((amount of such)) penalty is not paid within thirty days after it becomes due and payable, ((and a request for a hearing has not been made,)) the ((Board or Control Officer,)) Authority may ((shall)) bring an action to recover such penalty in the Superior Court of Spokane County. The penalties provided by Chapter 70.94 RCW and this section are imposed pursuant to ((Chapter)) RCW 43.21B.300 ((RCW)).

5. All penalties recovered under this section by the Authority shall be ((are)) payable to the treasury of the Authority and credited to its funds.

6. To secure the penalty incurred under this section, ((the State of)) the Authority shall have a lien on any vessel used or operated in violation of this chapter which shall be enforced as provided in RCW ((Chapter)) 60.36.050 ((RCW)).

7. In addition to other penalties provided by this section, persons falsifying emission data or other information used to set fees, or persons required to pay emission, registration, permit, or any other fee payable to the Authority who are more than ninety days late with such payments are subject to a penalty equal to three times the amount of the original fee. The penalty shall be in addition to the fee.

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