BILL REQ. #:  S-1756.1 

READ FIRST TIME 02/21/11.   

     AN ACT Relating to public notice of settlements of environmental and public health enforcement actions; adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.23 RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 76.09 RCW; and adding a new section to chapter 77.55 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.21A RCW to read as follows:
     (1) Within ten days of entering into any settlement in a civil enforcement action that the department has instituted for alleged violation of an environmental or public health law or permit, the department must post the settlement on its internet web site.
     (2) For purposes of this section:
     (a) "Environmental or public health law or permit" means the following laws, rules implementing the laws, and permits issued pursuant to the laws or rules:
     (i) Chapter 70.94 RCW, the Washington clean air act;
     (ii) Chapter 70.95 RCW, regarding solid waste management;
     (iii) Chapter 70.95J RCW, regarding municipal sewage sludge;
     (iv) Chapter 70.105 RCW, the hazardous waste management act;
     (v) Chapter 88.46 RCW, regarding vessel oil spill prevention and response;
     (vi) Chapters 90.03, 90.14, 90.22, and 90.44 RCW, regarding surface and groundwater permits, change certificates, minimum water flows and levels, and water rights abandonment and relinquishment actions;
     (vii) Chapter 90.46 RCW, regarding reclaimed water use;
     (viii) Chapter 90.48 RCW, regarding water pollution control;
     (ix) Chapter 90.56 RCW, regarding oil and hazardous substance spill prevention and response; and
     (x) Chapter 90.76 RCW, regarding underground storage tanks.
     (b) "Settlement" means an agreement partially or entirely resolving liability of an alleged violator.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.23 RCW to read as follows:
     (1) Within ten days of entering into any settlement in a civil enforcement action that the department has instituted for alleged violation of an environmental or public health law or permit, the department must post the settlement on its internet web site.
     (2) For purposes of this section:
     (a) "Environmental or public health law or permit" means the following laws, rules implementing the laws, and permits issued pursuant to the laws or rules:
     (i) Chapter 15.58 RCW, the Washington pesticide control act; and
     (ii) Chapter 90.64 RCW, regarding dairy nutrient management.
     (b) "Settlement" means an agreement partially or entirely resolving liability of an alleged violator.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.70 RCW to read as follows:
     (1) Within ten days of entering into any settlement of a civil enforcement action that the department has instituted for alleged violation of a public health law or permit, the department must post the settlement on its internet web site.
     (2) For purposes of this section:
     (a) "Public health law or permit" means the following laws, rules implementing the laws, and permits issued pursuant to the laws or rules:
     (i) Chapters 70.118 and 70.118B RCW, regarding on-site sewage disposal; and
     (ii) Chapters 70.119 and 70.119A RCW, regarding public water systems.
     (b) "Settlement" means an agreement partially or entirely resolving liability of an alleged violator.

NEW SECTION.  Sec. 4   A new section is added to chapter 76.09 RCW to read as follows:
     (1) Within ten days of entering into any settlement in a civil enforcement action that the department has instituted for alleged violation of this chapter, a rule implementing this chapter, or a permit issued pursuant to this chapter or such a rule, the department must post the settlement on its internet web site.
     (2) For purposes of this section, "settlement" means an agreement partially or entirely resolving liability of an alleged violator.

NEW SECTION.  Sec. 5   A new section is added to chapter 77.55 RCW to read as follows:
     (1) Within ten days of entering into any settlement in a civil enforcement action that the department has instituted for alleged violation of this chapter, a rule implementing this chapter, or a permit issued pursuant to this chapter or such a rule, the department must post the settlement on its internet web site.
     (2) For purposes of this section, "settlement" means an agreement partially or entirely resolving liability of an alleged violator.