246-262-110  <<  246-262-120 >>   246-262-130

Enforcement.

(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. WSR 92-02-020 (Order 226B), § 246-262-120, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. WSR 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. WSR 90-06-049 (Order 040), § 248-97-130, filed 3/2/90, effective 3/2/90. Statutory Authority: RCW 70.90.120. WSR 88-13-125 (Order 311), § 248-97-130, filed 6/22/88.]
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