S-1125.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5285

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Hargrove, McCaslin, Johnson and Haugen)

Read first time 02/15/1999.

Permitting certain nuisance actions based on air emission or water or solid waste discharge.

    AN ACT Relating to nuisances; and adding a new section to chapter 7.48 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 7.48 RCW to read as follows:

    A person may maintain an action under this chapter based upon air emission, water discharge, or solid waste discharge or release, other than the placement of nuclear waste, only where:

    (1) The emission, discharge, or release was not authorized by a term or condition of:

    (a) A statute or regulation;

    (b) A license, permit, or order that is issued after the opportunity for public comment by a local, state, or federal government and subject to continuing compliance assurance procedures, review by the issuing authority, and amendment or renewal; or

    (c) A court order or judgment; and

    (2) A violation of the term or condition proximately caused or causes the injury or damage claimed.

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