WSR 03-20-121

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed October 1, 2003, 11:37 a.m. ]

Subject of Possible Rule Making: Livestock nutrient management program (LNMP), the Washington State Department of Agriculture (WSDA) has the authority to take immediate corrective action and formal, regulatory enforcement action for violations of chapters 90.64 and 90.48 RCW. While an appeal of other agency enforcement action is to the director of WSDA, an appeal of any WSDA action in the LNMP is under the jurisdiction of the Pollution Control Hearings Board (PCHB). The adoption of a permanent rule will clarify that appeals of LNMP orders and penalties cannot be appealed using the procedural rules in chapter 16-08 WAC, but instead can only be appealed to the PCHB under chapter 43.21B RCW and chapter 371-08 WAC and must be served on and handled by WSDA rather than the Department of Ecology.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 90.64 and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The 2003 legislature passed ESSB 5889 transferring the livestock nutrient management program (LNMP) to the Washington State Department of Agriculture (WSDA). WSDA has the authority to take immediate corrective action and formal, regulatory enforcement action for violations of chapters 90.64 and 90.48 RCW. While an appeal of other agency enforcement action is to the director of WSDA, an appeal of any WSDA action in the LNMP is under the jurisdiction of the Pollution Control Hearings Board (PCHB). Permanent rules will clarify that appeals of LNMP orders and penalties cannot be appealed using the procedural rules in chapter 16-08 WAC, but instead can only be appealed to the PCHB under chapter 43.21B RCW and chapter 371-08 WAC and must be served on and handled by WSDA rather than the Department of Ecology.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Pollution Control Hearings Board.

Process for Developing New Rule: The department will rely on written and oral testimony provided during the public comment period and open public hearing process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Dannie McQueen, Administrative Regulations Manager, Washington State Department of Agriculture, Administrative Regulations Program, P.O. Box 42560, Olympia, WA 98504-2560, e-mail dmcqueen@agr.wa.gov, fax (360) 902-2092, phone (360) 902-1809.

October 1, 2003

William E. Brookreson

Deputy Director

Legislature Code Reviser 

Register

Washington State Code Reviser's Office