Section 246-272A-0430 - Enforcement(1) When an OSS is out of compliance with any law or rule regulating OSS and administered by the department or the local health officer, the department or the local health officer may initiate enforcement action. Enforcement action may include, but is not necessarily limited to: (a) A notice of correction describing the condition that is not in compliance and the text of the specific section or subsection of the applicable state or federal law or rule, a statement of what is required to achieve compliance, and the date by which compliance is to be achieved;(b) A notice of violation with or without a civil penalty;(c) An order requiring specific actions or ceasing unacceptable activities within a designated time period;(d) Suspension, revocation, or modification or denial of permits and licenses as authorized by RCW 43.70.115; and(e) Civil or criminal penalties authorized under chapter 70.05 RCW and RCW 43.70.190.(2) An informal conference may be held at the request of any party to resolve disputes arising from enforcement of this chapter.(3) Notices and orders issued under this section must:(b) Name the person or persons to whom the order is directed;(c) Briefly describe each action or inaction constituting a violation of the rules of chapter 246-272A WAC, or applicable local rules;(d) Specify any required corrective action, if applicable;(e) Specify the effective date of the order, with time or times of compliance;(f) Provide notice of the consequences of failure to comply or repeated violation, as appropriate.(4) Enforcement orders must be personally served in the manner of service of a summons in a civil action or in another manner showing proof of receipt.(5) The department shall have cause to deny the application or reapplication for a permit or to revoke, suspend, or modify a required permit of any person who has:(a) Failed or refused to comply with the provisions of chapter 246-272A WAC, or any other statutory provision or rule regulating the operation of an OSS; or(b) Obtained or attempted to obtain a permit or any other required certificate or approval by misrepresentation.Wash. Admin. Code § 246-272A-0430
Amended by WSR 24-06-046, Filed 3/1/2024, effective 4/1/2024Statutory Authority: RCW 43.20.050. 05-15-119, § 246-272A-0430, filed 7/18/05, effective 9/15/05.