Table 580

Transporter Warning and Penalties

Warning letter:

1. (1) When ecology issues a written warning letter via certified mail to a transporter, for any transporter violation the warning will include a copy of the requirements to let the transporter know what must be done to be in compliance.

2. (2) Ecology will send a copy of the warning letter to the authority and authorized party of each plan.

   Penalties:

3. (3) First penalties: If the transporter does not meet the compliance requirements in the warning letter within thirty days of receipt of the warning, ecology will assess a first penalty, as defined in Table 580 above and ecology will:

   1. (a) Either change the transporter's status to "in violation" or add the transporter to the "transporter registration list" and put them in "in violation" status; and
   2. (b) Send a penalty notice for a "plan violation" to the authority and authorized party of each plan that uses the transporter (see WAC 173-900-380).
4. (4) Second and subsequent penalties: Ecology will issue second and subsequent penalties as defined in Table 580 no more often than every thirty days for the same violation.

5. (5) Ecology will deposit all penalties collected under this section into the electronic products recycling account created under RCW 70.95N.130.

   Appeals:

6. (6) Violations and penalties may be appealed to the pollution control hearings board, pursuant to chapter 43.21B RCW.

[Statutory Authority: Chapters 70.95N, 70.105, and 70.105D RCW. WSR 07-21-013 (Order 07-05), § 173-900-580, filed 10/5/07, effective 11/5/07.]