Current through Register Vol. 24-06, March 15, 2024
The generation, distribution, and/or use of reclaimed water
without a permit, or in a manner that violates the terms and conditions of a
permit, order, or directive issued under this chapter, is prohibited.
(1) Immediate protection of public health or
the environment. When it appears to the lead agency that immediate action is
required to protect human health and safety or the environment, the lead agency
may issue a written order or directive to the person or persons responsible
without first issuing a notice of determination of violation pursuant to
subsection (2) of this section. An order or directive issued pursuant to this
subsection shall be served by registered mail or personally upon any person to
whom it is directed, and shall inform the person or persons responsible to take
immediate action, and of the process for requesting an adjudicative
hearing.
(2) Notice of
determination of violation. The notice of determination of violation is not an
appealable order or directive. Upon determination of a violation or substantial
potential to violate this chapter or chapter 90.46 RCW, and except as provided
for in subsection (1) of this section, the lead agency must:
(a) Provide notice of the determination of
violation by registered mail or personally to the responsible person or
persons.
(b) Provide thirty
calendar days from receipt of the notice for the responsible party to submit a
full report containing the steps taken or to be taken to comply with the
determination of violation.
If the violation is not corrected or proposed actions or
schedule are not sufficient, the lead agency may issue an order, directive, or
other enforcement action to the responsible party after the expiration of
thirty calendar days, or after the full report is filed in response to the
notice of determination of violation, whichever is sooner.
(c) Send the order, directive, or enforcement
action by registered mail and inform the responsible party of the process for
requesting an adjudicative hearing.
(3) Compliance schedules and conditions. The
lead agency may establish schedules and conditions to achieve compliance
through an administrative order or terms of a permit. If the schedule has more
than one year between interim requirement completion dates, the reclaimed water
permit or administrative order must require and specify due dates for progress
reports towards completion. A compliance schedule must:
(a) Set the shortest, most reasonable time,
to achieve the specified requirements.
(b) Contain interim requirements and
establish dates for completion.
(c)
Direct the responsible person or persons to submit written notice to the lead
agency within fourteen calendar days of:
(i)
Completion of each compliance item.
(ii) Missed compliance requirements,
including the following:
(A) Reason for
missed compliance.
(B) Plan to
achieve compliance.
(d) Inform the responsible person or persons
that failure to comply with conditions or interim requirements in the
compliance schedule is considered a continuing violation and that the lead
agency may modify or revoke the reclaimed water permit or take other direct
enforcement actions as provided for in this chapter.
(4) Enforcement authority. The lead agency
may:
(a) Modify, suspend, or revoke a
reclaimed water permit in whole or in part during its term for cause.
(b) Assess penalties and other civil relief
as may be appropriate against any entity who:
(i) Generates any reclaimed water for a use
regulated under this chapter and distributes or uses that water without a
permit.
(ii) Violates any term or
condition of a permit issued under this chapter.
(iii) Violates any of the provisions or
requirements of this chapter.
(c) With the assistance of the attorney
general, bring any appropriate action at law or in equity, including action for
injunctive relief, as may be necessary to enforce the provisions of this
chapter. The lead agency may bring the action in the superior court of the
county in which the violation occurred, or in the superior court of Thurston
County. The court may award reasonable attorneys' fees for the cost of the
attorney general's office in representing the lead agency.
(d) Seek criminal sanctions against any
person or entity who knowingly makes any false statement, representation, or
certification in any notice, report, monitoring device, methodology, or data
required by the terms and conditions of a reclaimed water permit.
(5) Penalties.
(a) Any entity who is found guilty of
willfully violating chapter 90.46 RCW, or any written orders or directives of
the lead agency or a court, is guilty of a gross misdemeanor, and upon
conviction may be punished by a fine of up to ten thousand dollars and costs of
prosecution, or by imprisonment, or both, at the discretion of the court. Each
day upon which a willful violation occurs may be deemed a separate and
additional violation.
(b) Any
entity who violates the terms and conditions of a reclaimed water permit
incurs, in addition to any other penalty as provided by law, a civil penalty in
the amount of up to ten thousand dollars for every such violation.
Each such violation is a separate and distinct offense, and in
case of a continuing violation, every day's continuance is considered a
separate and distinct violation.