Current through Register Vol. 24-18, September 15, 2024
(1) The department
or local health officer may enforce this chapter by one or more of the
following actions:
(a) Conducting an informal
administrative conference to explore facts and resolve problems, convened at
the request of the department, local health officer, or owner;
(b) Issuing an order directing the WRF owner,
operator, or the person responsible to cease violating this chapter or chapter
70.90 RCW;
(c) Requiring the WRF
owner or authorized representative to participate in training to improve basic
skills for operating pools;
(d)
Assessing a civil penalty of up to five hundred dollars per violation per day;
and
(e) Denying, suspending, or
revoking a WRF construction or operating permits.
(2) Orders authorized under this section may
include, but are not limited to, requirements to:
(a) Take corrective measures, which may
include a schedule; necessary to gain compliance with this chapter and chapter
70.90 RCW; and
(b) Stop work or
refrain from using a WRF or any portion of a WRF and approvals required by
statute or rules are obtained.
(3) An order issued under this section shall:
(a) Be in writing;
(b) Name the facility and the person or
persons to whom the order is directed;
(c) Briefly describe each action or inaction
constituting a violation of this chapter or chapter 70.90 RCW;
(d) Specify any required corrective action,
if applicable;
(e) Provide notice,
as appropriate, that continued or repeated violation may subject the violator
to the penalties specified in subsection (4) of this section.
(4) Continued or repeated
violation of the provisions of this chapter or chapter 70.90 RCW may subject
the violator to:
(a) Civil penalties of up to
five hundred dollars;
(b) Denial,
suspension or revocation of the facility's construction or operating permit;
or
(c) Referral to the county
prosecutor or attorney general's office.
(5) The department or local health officer
may deny an application or reapplication for a WRF operating permit and may
revoke or suspend a WRF operating permit of any person who:
(a) Previously had an operating permit
suspended or revoked or had an operating permit application denied for
reason;
(b) Failed or refused to
comply with any provisions of this chapter, chapter 70.90 RCW, or any other
statutory provision or rule regulating the WRF construction or operation;
or
(c) Obtained or attempted to
obtain an operating permit or any other required certificate of approval
applicable to the WRF by fraudulent means or misrepresentation.
(6) The department or local health
officer may summarily suspend a WRF operating permit, without a prior hearing,
if the department or local health officer finds that the WRF presents an
imminent hazard to public health or safety and incorporates a finding to that
effect in an order.
Statutory Authority: Chapters 70.90 and
43.20 RCW. 04-18-096, §
246-260-211, filed 9/1/04, effective
10/31/04.
