WSR 97-05-045
PROPOSED RULES
SPOKANE COUNTY AIR
POLLUTION CONTROL AUTHORITY
[Filed February 18, 1997, 10:21 a.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: SCAPCA Regulation I, Article II, Section 2.04-Violations; SCAPCA Regulation I, Article II, Section 2.08-Falsification of Statement or Document, Unlawful Alteration of Documents, and their Removal or Mutilation Prohibited; and SCAPCA Regulation I, Article II, Section 2.11-Penalties.
Purpose: To provide general provisions under which the Spokane County Air Pollution Control Authority (SCAPCA) operates.
Statutory Authority for Adoption: RCW 70.94.141.
Statute Being Implemented: Chapter 70.94 RCW.
Summary: Changes are being made to improve consistency with state laws and rules and to clarify Article II to improve implementation.
Reasons Supporting Proposal: The primary reason for the changes is to address issues raised by the Environmental Protection Agency regarding SCAPCA's Title V program so that full program approval can be received.
Name of Agency Personnel Responsible for Drafting: Kelle Vigeland, West 1101 College, Suite 403, Spokane, (509) 456-4727, ext. 106; Implementation and Enforcement: Mabel Caine, West 1101 College, Suite 403, Spokane, (509) 456-4727, ext. 120.
Name of Proponent: Spokane County Air Pollution Control Authority, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule establishes general provisions regarding SCAPCA's operations covering topics like powers and duties of the board and control officer, handling confidential information, issuing violations, assessing penalties, etc. These changes improve consistency with state law and rules and should increase SCAPCA's effectiveness in implementing its air quality programs.
Proposal Changes the Following Existing Rules: Changes are being made which will affect SCAPCA's ability to prosecute a criminal action against a violator, which will prohibit false statements to SCAPCA and prohibit rendering monitoring devices inaccurate, which clarify that each day's continuance of a criminal violation is a separate and distinct offense, and which clarify when penalties are due.
No small business economic impact statement has been prepared under chapter 19.85 RCW. SCAPCA is not required under chapter 19.85 RCW to file small business economic impact statements.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Spokane County Air Public Works Building, Hearing Room Lower Level, West 1026 Broadway, Spokane, WA 99201, on April 3, 1997, at 9 a.m.
Submit Written Comments to: Kelle Vigeland, Spokane County Air Pollution Control Authority, West 1101 College, Suite 403, Spokane, WA 99201, FAX (509) 459-6828, by March 31, 1997.
Date of Intended Adoption: April 3, 1997.
February 14, 1997
Kelle Vigeland
Environmental Engineer
PROPOSED AMENDMENTS TO SCAPCA REGULATION I, ARTICLE II, SECTIONS 2.04, 2.08, & 2.11
AMENDATORY SECTION (Amending WSR 92-07-068, filed 3/16/92)
SECTION 2.04 VIOLATIONS
A. At least thirty days prior to the commencement of any formal
enforcement action under ((Chapter)) RCW 70.94.430 ((RCW)) or ((Chapter))
RCW 70.94.431, ((RCW)) the Authority shall cause written notice to be
served upon the alleged violator or violators. The notice shall specify
the provision of Chapter 70.94 RCW, or any regulation, ordinance, or
resolution in force pursuant thereto, ((the State Law or of this
Regulation)) alleged to be violated and the facts alleged to constitute
a violation thereof, and may include an order directing that necessary
corrective action be taken within a reasonable amount of time. In lieu
of an order, the Board or the Control Officer may require that the
alleged violator or violators appear before the ((Hearings Board)) Board
of Directors for a hearing. Every Notice of Violation shall offer to the
alleged violator an opportunity to meet with the Authority prior to the
commencement of enforcement action.
B. The Control Officer may, in place of an order or hearing after
service of a notice of violation ((and expiration of reasonable and/or
required period of time without correction)), request the County
Prosecutor to prosecute a criminal action against the violator.
AMENDATORY SECTION (Amending rule section adopted before SCAPCA followed
34.05.320 and 34.05.380)
SECTION 2.08 FALSIFICATION OF STATEMENTS OR DOCUMENTS,((UNLAWFUL
ALTERATION OF)) AND TREATMENT OF DOCUMENTS((, DISPLAY OF DOCUMENTS, AND
THEIR REMOVAL OR MUTILATION PROHIBITED))
A. No person shall willfully make a false or misleading statement to the Board or their authorized representative as to any matter within the jurisdiction of the Board.
B. No person shall reproduce or alter, or cause to be reproduced or
altered, any order, registration certificate, or other paper issued by
the Authority ((Agency)) if the purpose of such reproduction or
alteration is to evade or violate any provision of Chapter 70.94 RCW, or
any regulation, ordinance, resolution, permit, or order in force pursuant
thereto ((this Regulation or any other law)).
C. Any order or registration certificate required to be obtained by
Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or
order in force pursuant thereto, ((this Regulation)) shall be available
for review on the premises designated on the order or certificate.
D. In the event the Authority requires a notice to be displayed, it
shall be posted. No person shall mutilate, obstruct or remove any notice
unless authorized to do so by the ((Board)) Authority.
E. No person shall make any false material statement, representation or certification in any form, in any notice or report required under Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto.
F. No person shall render inaccurate any monitoring device or method
required under Chapter 70.94 RCW, or any regulation, ordinance,
resolution, permit, or order in force pursuant thereto.
AMENDATORY SECTION (Amending WSR 92-07-69, filed 3/16/92)
SECTION 2.11 PENALTIES
A. Criminal Penalties
1. Any person who knowingly violates any of the provisions of Chapter 70.94 RCW or any regulation, ordinance, or resolution in force pursuant thereto, is guilty of a crime and upon conviction is subject to punishment by a fine or by imprisonment in county jail or by both fine and imprisonment as provided by Chapter 70.94 RCW for each separate violation. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate and distinct violation.
2. 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 crime and upon conviction is subject to punishment by a fine or by imprisonment or both as provided by Chapter 70.94 RCW.
3. 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 crime and upon conviction is subject to punishment by a fine or by imprisonment or both as provided by Chapter 70.94 RCW.
4. Any person who knowingly fails to disclose a potential conflict of interest under Chapter 70.94 RCW is guilty of a gross misdemeanor, and upon conviction thereof, is subject to a fine as provided by Chapter 70.94 RCW
B. Other Penalties
1. a. In addition to or as an alternative ((alternate)) to any other
penalty provided by law, any person who violates any of the provisions
of Chapter 70.94 RCW or any of the rules and regulations of the
Department of Ecology or this Authority in force under this chapter may
incur a civil penalty in an amount not to exceed that provided by Chapter
70.94 RCW for each violation. Each such violation is a separate and
distinct offense, and in case of a continuing violation, each day's
continuance is a separate and distinct violation.
b. Any person who fails to take action as specified by an order issued pursuant to Chapter 70.94 RCW or this Regulation is liable for a civil penalty in an amount not to exceed the penalty authorized by Chapter 70.94 RCW for each day of continued noncompliance.
2. Penalties incurred but not paid shall accrue interest, beginning
on the ninety-first day following the date that the penalty becomes due
and payable, at the highest rate allowed by RCW 19.52.020 ((RCW)) on the
date that the penalty becomes due and payable. If violations or
penalties are appealed, interest shall not begin to accrue until the
thirty-first day following final resolution of the appeal.
3. Each act of commission or omission which procures, aids, or abets in the violation is a violation under the provisions of this section and subject to the same penalty.
4. The penalty is 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
c. Thirty days after receipt of the notice of decision of the Pollution Control Hearings Board of Washington if the penalty is appealed.
((when the person incurring the same receives a notice in writing
from the Control Officer of the Authority or his designee describing
the violation with reasonable particularity and advising such person
that the penalty is due unless a request is made for a hearing to
the Pollution Control Hearings Board as provided in Chapter 43.21B
RCW. When a request is made for a hearing, the penalty is due and
payable only upon completion of all review proceedings and the
issuance of a final order affirming the penalty in whole or part.))
If the ((amount of such)) penalty is not paid within thirty days
after it becomes due and payable, ((and a request for a hearing has
not been made,)) the ((Board or Control Officer,)) Authority may
((shall)) bring an action to recover such penalty in the Superior
Court of Spokane County. The penalties provided by Chapter 70.94
RCW and this section are imposed pursuant to ((Chapter)) RCW
43.21B.300 ((RCW)).
5. All penalties recovered under this section by the Authority shall
be ((are)) payable to the treasury of the Authority and credited to its
funds.
6. To secure the penalty incurred under this section, ((the State
of)) the Authority shall have a lien on any vessel used or operated in
violation of this chapter which shall be enforced as provided in RCW
((Chapter)) 60.36.050 ((RCW)).
7. In addition to other penalties provided by this section, persons
falsifying emission data or other information used to set fees, or
persons required to pay emission, registration, permit, or any other fee
payable to the Authority who are more than ninety days late with such
payments are subject to a penalty equal to three times the amount of the
original fee. The penalty shall be in addition to the fee.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.