Current through Register Vol. 24-18, September 15, 2024
(1) The department
or, if enforcement responsibility has been assigned under a joint plan of
operation, the local health officer:
(a)
Shall enforce the rules of chapter 246-262 WAC; or
(b) May refer cases within their jurisdiction
to the local prosecutor's office or office of the attorney general, as
appropriate.
(2) When a
RWCF is in violation of provisions of chapter 70.90 RCW or the rules of chapter
246-262 WAC, appropriate enforcement action may be initiated by the department,
local health officer, local prosecutor's office, or office of the attorney
general. Enforcement actions may include any one or a combination of the
following:
(a) Informal administrative
conferences, convened at the request of the department, local health officer,
or owner, to explore facts and resolve problems;
(b) Orders directed to the owner and/or
operator of the RWCF and/or the person causing or responsible for the violation
of the rules of chapter 246-262 WAC;
(c) Imposition of civil penalties of up to
five hundred dollars per violation per day as authorized under
RCW
70.90.200;
(d) Denial, suspension, or revocation of
operating permits; and
(e) Civil or
criminal action initiated by the local prosecutor's office or by the office of
the attorney general.
(3) Orders authorized under this section
include, but are not limited to, the following:
(a) Orders requiring corrective measures
necessary to effect compliance with chapter 246-262 WAC or chapter 70.90 RCW.
Such orders may or may not include a compliance schedule; and
(b) Orders to stop work and/or refrain from
using any RWCF or portion thereof or improvement thereto until all permits,
certifications, and approvals required by statute or rule are
obtained.
(4) 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 chapter 70.90 RCW or the rules of chapter 246-262
WAC;
(d) Specify any required
corrective action or forbearance together with a schedule for completing such
corrective action, if applicable;
(e) Provide notice, as appropriate, that
continued or repeated violation may subject the violator to:
(i) Civil penalties of up to five hundred
dollars;
(ii) Denial, suspension,
or revocation of the facilities operating permit; or
(iii) Referral to the office of the county
prosecutor or attorney general.
(f) Provide the name, business address, and
phone number of an appropriate staff person who may be contacted in regard to
an order.
(5) Service of
an order shall be made:
(a) Personally, unless
otherwise provided by law; or
(b)
By certified mail return receipt requested.
(6) Under such rules or policies as the
department or local health officer may adopt, civil penalties of up to five
hundred dollars per violation per day may be assessed against any person
violating the provisions of chapter 70.90 RCW or chapter 246-262 WAC.
(7) The department or local health officer
shall have cause to deny the application or reapplication for an operating
permit or to revoke or suspend a required operating permit of any person who
has:
(a) Previously had:
(i) An operating permit suspended or revoked;
or
(ii) An application for an
operating permit denied for any reason whether in this state or any other
state.
(b) Failed or
refused to comply with the provisions of chapter 70.90 RCW, chapter 246-262
WAC, or any other statutory provision or rule regulating the construction or
operation of a RWCF; or
(c)
Obtained or attempted to obtain an operating permit or any other required
certificate or approval by fraudulent means or misrepresentation.
(8) For the purposes of subsection
(7) of this section, a person shall be defined to include:
(a) Applicant;
(b) Reapplicant;
(c) Permit holder; or
(d) Any individual associated with subsection
(8)(a), (b), or (c) of this section including, but not limited to:
(i) Board members,
(ii) Officers,
(iii) Managers,
(iv) Partners,
(v) Association members,
(vi) Employees,
(vii) Agents, and in addition
(viii) Third persons acting with the
knowledge of such persons.
(9) The department or local health officer
may summarily suspend an operating permit, other required permit, license, or
certification without a prior hearing if the department or local health
officer:
(a) Finds that public health,
safety, or welfare imperatively requires emergency action; and
(b) Incorporates a finding to that effect in
its notice or order.
Statutory Authority:
RCW
70.90.120. 92-02-020 (Order 226B), §
246-262-120, filed 12/23/91, effective 1/23/92. Statutory Authority:
RCW
43.20.050. 91-02-051 (Order 124B), recodified
as § 246-262-120, filed 12/27/90, effective 1/31/91. Statutory Authority:
Chapter
34.05 RCW and
RCW
70.90.120. 90-06-049 (Order 040), §
248-97-130, filed 3/2/90, effective 3/2/90. Statutory Authority:
RCW
70.90.120. 88-13-125 (Order 311), §
248-97-130, filed 6/22/88.
