Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW
70A.15.3150 and 2023 c 470 s 1017 are each amended to read as follows:
(1) ((
Any))
(a) Except as provided in (b) of this subsection, any person who knowingly violates any of the provisions of this chapter, chapter
70A.25, 70A.60, or
70A.535 RCW, or any ordinance, resolution, or regulation in force pursuant thereto is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the county jail for up to three hundred sixty-four days, or by both for each separate violation.
(b) Any person committing a second or subsequent violation of the offense described in (a) of this subsection is guilty of a class C felony and upon conviction, must be punished according to chapter 9A.20 RCW. (2) ((Any))(a) Except as provided in (b) of this subsection, 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 gross misdemeanor and shall, upon conviction, be punished by a fine of not more than ten thousand dollars, or by imprisonment for up to three hundred sixty-four days, or both.
(b) Any person committing a second or subsequent violation of the offense described in (a) of this subsection is guilty of a class C felony and upon conviction, must be punished according to chapter 9A.20 RCW. (3) ((Any))(a) Except as provided in (b) of this subsection, 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 class C felony and shall, upon conviction, be punished by a fine of not less than fifty thousand dollars, or by imprisonment for not more than five years, or both.
(b) Any person committing a second or subsequent violation of the offense described in (a) of this subsection (3) is guilty of a class B felony and upon conviction, must be punished according to chapter 9A.20 RCW. (4) ((
Any))
(a) Except as provided in (b) of this subsection, any person who knowingly fails to disclose a potential conflict of interest under RCW
70A.15.2000 is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars.
(b) Any person committing a second or subsequent violation of the offense described in (a) of this subsection is guilty of a class C felony and upon conviction, must be punished according to chapter 9A.20 RCW. Sec. 2. RCW
70A.300.100 and 2003 c 53 s 357 are each amended to read as follows:
(1) Any person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this chapter is guilty of: (a) A class B felony punishable according to chapter
9A.20 RCW if the person knows at the time that the conduct constituting the violation places another person in imminent danger of death or serious bodily injury; or (b) a class C felony
for a first violation or a class B felony for a second or subsequent violation, each punishable according to chapter
9A.20 RCW if the person knows that the conduct constituting the violation places any property of another person or any natural resources owned by the state of Washington or any of its local governments in imminent danger of harm.
(2) As used in this section: (a) "Imminent danger" means that there is a substantial likelihood that harm will be experienced within a reasonable period of time should the danger not be eliminated; and (b) "knowingly" refers to an awareness of facts, not awareness of law.
Sec. 3. RCW
70A.300.110 and 2020 c 20 s 1282 are each amended to read as follows:
((
In))
(1) Except as provided in subsection (2) of this section, in addition to the penalties imposed pursuant to RCW
70A.300.090, any person who violates any provisions of this chapter, or of the rules implementing this chapter, and any person who knowingly aids or abets another in conducting any violation of any provisions of this chapter, or of the rules implementing this chapter, shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars, and/or by imprisonment in the county jail for up to three hundred sixty-four days, for each separate violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct offense.
(2) Any person committing a second or subsequent violation of an offense described in subsection (1) of this section is guilty of a class C felony and upon conviction, must be punished according to chapter 9A.20 RCW. Sec. 4. RCW
90.48.140 and 2011 c 96 s 61 are each amended to read as follows:
((
Any))
(1) Except as provided in subsection (2) of this section, any person found guilty of willfully violating any of the provisions of this chapter or chapter
90.56 RCW, or any final written orders or directive of the department or a court in pursuance thereof is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for up to three hundred sixty-four days, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter or chapter
90.56 RCW occurs may be deemed a separate and additional violation.
(2) Any person committing a second or subsequent violation of an offense described in subsection (1) of this section is guilty of a class C felony and upon conviction, must be punished according to chapter 9A.20 RCW."