173-186-600  <<  173-186-610 >>   173-186-620

EnforcementNoncompliance.

(1) If an owner or operator of a railroad, a person, or rail plan holder is unable to comply with an approved contingency plan or otherwise fails to comply with requirements of this chapter, ecology may, at its discretion:
(a) Place conditions on plan approval.
(b) Require additional drills to demonstrate effectiveness of the plan.
(c) Revoke the approval status.
(2) Approval of a plan by ecology does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under state law.
(3) Any violation of this chapter may be subject to enforcement and penalty sanctions.
(4) Ecology may assess a civil penalty of up to one hundred thousand dollars against any person who is in violation of this chapter. Each day that a railroad is in violation of this chapter shall be considered a separate violation.
(5) Any person found guilty of willfully violating any of the provisions of this chapter, or any final written orders or directive of ecology or a court shall be deemed guilty of a gross misdemeanor and upon conviction shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter occurs may be deemed a separate and additional violation.
[Statutory Authority: RCW 90.56.210. WSR 16-18-052 (Order 15-14), § 173-186-610, filed 8/31/16, effective 10/1/16.]
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