RCW 70A.205.740 — Enforcement authority—Penalties.

1. (1) In addition to the provisions of RCW 70A.205.140, and in accordance with the procedures described in RCW 70A.205.730, for any person engaged in solid waste handling subject to permitting under this chapter, the enforcement authority may:

   1. (a) Impose a civil penalty not to exceed $5,000 per day for the first 14 days of violation of the requirements of this chapter or a permit issued under this chapter. If the violation is not resolved within 14 days, the agency imposing the penalty may increase the penalty not to exceed $10,000 per day of violation of the requirements of this chapter or a permit issued under this chapter; and
   2. (b) Issue an order requiring compliance with the requirements of this chapter or a permit issued under this chapter. A person who fails to take corrective action as specified in a compliance order is liable for a civil penalty as provided in (a) of this subsection. Before issuing a civil penalty, the enforcement authority will attempt through education and outreach to assist the person engaged in solid waste handling with achieving compliance with the requirements of this chapter or a permit issued under this chapter.
2. (2) If a solid waste handling facility owner or operator pays a penalty under this section for a violation to a government entity, any penalty imposed by a different government entity for a violation based on the same incident and conduct shall be reduced by the amount of the prior penalty.

3. (3)

   1. (a) Penalties levied by a jurisdictional health department shall be deposited in the treasury and to the account from which such jurisdictional health department's operating expenses are paid.
   2. (b) Penalties levied by the department under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.

4. (4) A person who is issued an order or incurs a penalty from:

   1. (a) A jurisdictional health department may appeal the order or penalty to the local health officer;
   2. (b) The department under this section may appeal the order or penalty to the pollution control hearings board created by chapter 43.21B RCW.

[ 2025 c 311 s 6.]