RCW 70A.550.030 — Penalty—Enforcement—Rule-making authority.

1. (1) A violation of the requirements of this chapter is punishable by a civil penalty of up to $5,000 per day per violation. Penalties are appealable to the pollution control hearings board.

2. (2)

   1. (a) The department may enforce the requirements of this chapter.
   2. (b) Enforcement of this chapter by the department must rely on notification and information exchange between the department and utility-scale wind energy facility owners or operators. The department must prepare and distribute information regarding this chapter to utility-scale wind energy facility owners and operators to help facility owners and operators in their advance planning to meet the deadlines.

   3. (c)

      1. (i) If the department obtains information that a facility is not in compliance with the requirements of this chapter, the department may issue a notification letter by certified mail to the facility owner or operator and offer information or other appropriate assistance regarding compliance with this chapter. If compliance is not achieved within 60 days of the issuance of a notification letter under this subsection, the department may assess penalties under this section.

      2. (ii) The department may delay any combination of the issuance of a notification letter under this subsection (2)(c), the 60-day period in which compliance with the requirements of this chapter must be achieved, or the imposition of penalties for good cause shown due to:

         1. (A) Supply chain constraints, including lack of light-mitigating technology system availability;
         2. (B) Lack of contractor availability;
         3. (C) Lighting system permitting delays; or
         4. (D) Technological feasibility considerations.
3. (3) A utility-scale wind energy facility owner or operator of a facility that has commenced operations prior to January 1, 2023, that applies for the approval of a light-mitigating technology system to the federal aviation administration prior to January 1, 2027, but that has not received a determination to approve the system by the federal aviation administration as of July 1, 2027, may not be assessed a penalty under this chapter until at least 24 months after the federal aviation administration issues its determination on the application of the utility-scale wind energy facility's proposed light-mitigating technology system.
4. (4) The department may adopt by rule a light mitigation standard that references a more recent version of any federal requirements referenced in RCW 70A.550.020 in order to maintain consistency between this chapter and federal aviation administration requirements.

[ 2023 c 344 s 4.]