1154-S2 AMS SHOR S3024.1
2SHB 1154 - S AMD TO WM COMM AMD (S-2796.1/25) 359
By Senator Short
PULLED 04/15/2025
On page 4, line 9, after "department" insert ", as provided in section 5 of this act,"
On page 4, line 36, after "(2)" strike "(a)"
On page 5, beginning on line 3, strike all material through "(c)" on line 30 and insert the following:
"(3) The department may directly exercise the department's enforcement authority under this section only if:
(a) The jurisdictional health department has deferred to the department by providing the notice under subsection (2) of this section; or
(b) The jurisdictional health department has failed to take enforcement action on a violation for 60 days.
(4) The department must follow these procedures in exercising its enforcement authority:
(a) The department must determine that the solid waste handling facility has violated the rules of this chapter;
(b) If the department determines that the solid waste handling facility has violated the rules of this chapter, it must provide adequate notice of its determination to the solid waste handling facility at issue and the applicable jurisdictional health department. Adequate notice includes identifying the statute, regulation, or rule that the solid waste handling facility allegedly violated, the number of alleged violations, and a detailed description of the department's process that led to its determination that such violations existed;
(c) After the department has provided the requisite notice under (b) of this subsection, then the department must confer with the jurisdictional health department about the alleged violations;
(d) If the jurisdictional health department does not exercise its enforcement authority within 60 days of the department's notices under (b) of this subsection, then the department may take its own direct enforcement action as outlined in this chapter.
(5)"
On page 5, line 35, strike "(d)" and insert "(6)"
On page 6, line 1, strike "(e)" and insert "(7)"
Renumber the remaining subsections consecutively and correct any internal references accordingly.
EFFECT: (1) Specifies conditions under which Ecology may take enforcement action against a solid waste handling facility which include:
(a) Deferral by the jurisdictional health department; and
(b) The jurisdictional health department failing to take action on a violation for 60 days.
(2) Eliminates the 30-day window where Ecology and a jurisdictional health department may agree on an enforcement action and instead requires Ecology, in taking enforcement action, to:
(a) Determine that the solid waste handling facility has violated the rules of the chapter;
(b) Provide notice of the specific violations that occurred;
(c) Provide notice to the jurisdictional health department; and
(d) If the jurisdictional health department does not exercise its enforcement authority within 60 days of notice, Ecology may take action.
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