1. (1) Penalties apply when a retailer, wholesaler, distributor, or electric utility fails to come into compliance with this chapter.

2. (2) Failure to comply with the warning letter within sixty days will result in a penalty of up to five hundred dollars for each violation; a violation is one day of noncompliance.

   This penalty will be waived if the distribution or sale of mercury-containing lights is discontinued within thirty days of the date the penalty was assessed.

3. (3) The department will deposit all penalties collected under this section into the mercury-containing lights recycling account created under chapter 70.275 RCW.

4. (4) To correct a violation the recipient must:

   1. (a) Meet the requirements in the warning or penalty letter from the department; and
   2. (b) Pay any penalties due to the department.
5. (5) Penalties may be appealed to the pollution control hearings board, pursuant to chapter 43.21B RCW.

[Statutory Authority: Chapter 70.275 RCW. WSR 12-23-049 (Order 11-09), § 173-910-630, filed 11/16/12, effective 12/17/12.]