Current through Register Vol. 24-18, September 15, 2024
(1) The department
shall enforce the provisions of this chapter.
(2) When a person violates the provisions
under this chapter, the department or office of the attorney general may
initiate enforcement or disciplinary actions, or any other legal proceeding
authorized by law including, but not limited to, any one or a combination of
the following:
(a) Informal administrative
conferences, convened at the request of the department or tank manufacturer, to
explore facts and resolve problems;
(b) Orders directed to the tank manufacturer
or person causing or responsible for the violation of this chapter;
(c) Denial, suspension, modification, or
revocation of approvals or tank registration;
(d) The penalties under
RCW
43.70.190; and
(e) Civil or criminal action.
(3) Orders authorized under this
section include the following:
(a) Orders
requiring corrective measures; and
(b) Orders to stop work or to stop sales of
sewage tanks until the manufacturer obtains all certifications and approvals
required by rule or statute.
(4) Enforcement orders issued under this
section must:
(a) Be in writing;
(b) Name the person or persons to whom the
order is directed;
(c) Briefly
describe each action or inaction constituting the violation and the rule or
statutory citation;
(d) Specify any
required corrective action, if applicable;
(e) Specify the effective date of the order,
with a timeline of compliance;
(f)
Provide notice of the consequences of failure to comply or repeated violation,
as appropriate;
(g) Provide the
name, business address, and phone number of the department staff person who may
be contacted regarding an order.
(5) Enforcement orders issued under this
section may include a statement that continued or repeated violation may
subject the violator to:
(a) Denial,
suspension, or revocation of approval or registration;
(b) Referral to the office of attorney
general; or
(c) Other appropriate
remedies.
(6)
Enforcement orders must be personally served in the manner of service of a
summons in a civil action or in a manner showing proof of receipt.
(7) The department shall have cause to deny
the application or reapplication, or to revoke, suspend, or modify
registrations or approvals of any person who:
(a) Fails or refuses to comply with the
provisions of this chapter, or any other statutory provision;
(b) Obtains or attempts to obtain a required
certificate or approval by fraud or misrepresentation; or
(c) Manufactures or constructs a tank which
structurally fails or collapses.
Statutory Authority: RCW 43.20.050(2) and (3). 09-23-119,
§ 246-272C-0520, filed 11/18/09, effective
12/19/09.
