[atlas:bill]

AN ACT Relating to environmental settlements and penalties; amending RCW 90.48.400 and 43.21B.300; adding a new section to chapter 43.21A RCW; and creating new sections.

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

NEW SECTION. Sec. 1. FINDINGS AND PURPOSE. The legislature finds that water pollution incidents result in fines and penalties that are presently used for a variety of purposes unrelated to restoring the damage caused by the pollution or otherwise benefiting the water and other natural resources enjoyed by Washington citizens. The legislature further finds that often the settlement of enforcement actions relating to environmental violations does not adequately involve the communities in which the violations occurred and allow for the recommendations of those communities on expending funds under consideration in the settlement.

Therefore the purpose of this act is to dedicate water pollution fines and penalties to the restoration and improvement of Washington's environmental quality and to ensure a greater voice in the expenditure of settlement funds by communities in which the environmental violation occurred.

Sec. 2. RCW 90.48.400 and 1994 c 264 s 93 are each amended to read as follows:

(1) Moneys in the coastal protection fund shall be disbursed for the following purposes and no others:

(a) Environmental restoration and enhancement projects intended to restore or enhance environmental, recreational, archaeological, or aesthetic resources for the benefit of Washington's citizens;

(b) Investigations of the long-term effects of oil spills; and

(2) The director may allocate a portion of the fund to be devoted to research and development in the causes, effects, and removal of pollution caused by the discharge of oil or other hazardous substances.

(3) A steering committee consisting of representatives of the departments of ecology, fish and wildlife, and natural resources, and the parks and recreation commission shall authorize the expenditure of the moneys collected under RCW 90.48.140, 90.48.144, and 90.48.366 through 90.48.368, after consulting impacted local agencies and local and tribal governments.

(4) For proposed expenditures from the fund not governed by subsection (3) of this section to be made for the purpose of environmental restoration and enhancement, the director shall consult with local governments in the vicinity of the proposed expenditure, and give priority to protection and restoration of environmental resources in areas impacted by the violations for which penalties are collected.

(5) Agencies may not be reimbursed from the coastal protection fund for the salaries and benefits of permanent employees for routine operational support. Agencies may only be reimbursed under this section if money for reconnaissance and damage assessment activities is unavailable from other sources.

Sec. 3. RCW 43.21B.300 and 1993 c 387 s 23 are each amended to read as follows:

(1) Any civil penalty provided in RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330 shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department((~~, the administrator of the office of marine safety,~~)) or the local air authority, describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department((~~, the administrator,~~)) or the authority for the remission or mitigation of the penalty. Upon receipt of the application, the department((~~, the administrator,~~)) or the authority may remit or mitigate the penalty upon whatever terms the department((~~, the administrator,~~)) or the authority in its discretion deems proper. The department or the authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department((~~, the administrator,~~)) or the authority thirty days after receipt by the person penalized of the notice imposing the penalty or thirty days after receipt of the notice of disposition of the application for relief from penalty.

(3) A penalty shall become 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

(4) If the amount of any penalty is not paid to the department ((~~or the administrator~~)) within thirty days after it becomes due and payable, the attorney general, upon request of the department ((~~or the administrator~~)), shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within thirty days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

(5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be credited to the reclamation account as provided in RCW 18.104.155(7)((,)); RCW 70.94.431, the disposition of which shall be ((~~governed by that provision, RCW 70.105.080, which shall be credited to the hazardous waste control and elimination account, created by RCW 70.105.180,~~))credited to the state toxics control account created in RCW 70.105D.070; RCW 88.46.090, which shall be credited to the oil spill administration account; and RCW 90.48.140, 90.48.144, and 90.56.330, which shall be credited to the coastal protection fund created by RCW 90.48.390.

NEW SECTION. Sec. 4. A new section is added to chapter 43.21A RCW to read as follows:

SETTLEMENTS OF ENVIRONMENTAL ACTIONS. (1) This section shall be applicable when the department imposes a civil penalty of ten thousand dollars or more for a violation of chapter 90.48 RCW or its implementing rules, and the attorney general proposes to settle an appeal of such a civil penalty, in which the proposed settlement requires commitments or actions by the person in lieu of payment of the penalty. The attorney general or the department shall:

(a) Consider proposals submitted by affected local governments in the vicinity of the alleged violation; and

(b) Attempt to dedicate settlement funds to the protection and restoration of the environmental resources in the vicinity of the alleged violation.

(2) This section shall not be construed to preclude an action for liability based upon any other claim or statute not expressly precluded by the terms of the settlement.

(3) This section shall not be construed to limit, modify, or affect in any way the authority of the attorney general to settle any action in an administrative or judicial proceeding, except where the specific provisions of this section are applicable.

NEW SECTION. Sec. 5. CAPTIONS NOT LAW. Captions used in this act are not any part of the law.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.