Wash. Rev. Code § 43.21B.300

Current through 2024

Section 43.21B.300 - Penalty procedures (as amended by 2024 c 347)

(1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 70A.205.280, 70A.230.080, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 70A.65.200, 70A.430.070, 70A.455.090, 70A.500.260, * 70A.505.110, 70A.555.110, 70A.560.020, 86.16.081, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within 30 days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority 30 days after the date of receipt by the person penalized of the notice imposing the penalty or 30 days after the date of receipt of the notice of disposition by a local air authority of the application for relief from penalty.

(3) A penalty shall become due and payable on the later of:

(a) 30 days after receipt of the notice imposing the penalty;

(b) 30 days after receipt of the notice of disposition by a local air authority on application for relief from penalty, if such an application is made; or

(c) 30 days after receipt of the notice of decision of the hearings board if the penalty is appealed.

(4) If the amount of any penalty is not paid to the department within 30 days after it becomes due and payable, the attorney general, upon request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within 30 days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

(5) All penalties recovered shall be paid into the state treasury and credited to the general fund except (())the following:

(a) Penalties imposed pursuant to RCW 18.104.155 must be credited to the reclamation account as provided in RCW 18.104.155(7);

(b) Penalties imposed pursuant to RCW 70A.15.3160 must be disposed of pursuant to RCW 70A.15.3160;

(c) Penalties imposed pursuant to RCW 70A.230.080, 70A.300.090, 70A.430.070, 70A.555.110, and 70A.560.020 must be credited to the model toxics control operating account created in RCW 70A.305.180;

(d) Penalties imposed pursuant to RCW 70A.245.040 and 70A.245.050 must be credited to the recycling enhancement account created in RCW 70A.245.100;

(e) Penalties imposed pursuant to RCW 70A.500.260 must be deposited into the electronic products recycling account created in RCW 70A.500.130;

(f) Penalties imposed pursuant to RCW 70A.65.200 must be credited to the climate investment account created in RCW 70A.65.250;

(g) Penalties imposed pursuant to RCW 90.56.330 must be credited to the coastal protection fund established in RCW 90.48.390; and

(h) Penalties imposed pursuant to RCW 70A.355.070 must be credited to the underground storage tank account created in RCW 70A.355.090.

RCW 43.21B.300

Reenacted and amended by 2024 c 347,§ 6, eff. 6/6/2024.

Amended by 2023 c 455,§ 6, eff. 7/23/2023.

Amended by 2023 c 434,§ 21, eff. 7/23/2023.

Amended by 2023 c 135,§ 7, eff. 7/23/2023.

Amended by 2022 c 180,§ 813, eff. 6/9/2022.

Amended by 2021 c 313,§ 17, eff. 7/25/2021.

Amended by 2021 c 316,§ 42, eff. 7/25/2021.

2020 c 20 § 1038; 2019 c 64 § 19. Prior: 2010 c 210 § 12; 2010 c 84 § 4; prior: 2009 c 456 § 17; 2009 c 178 § 2; 2007 c 147 § 9; 2004 c 204 § 4; 2001 c 36 § 2; 1993 c 387 § 23; 1992 c 73 § 2; 1987 c 109 § 5.

Reviser's note:*(1) RCW 70A.505.110 was repealed by 2024 c 339 s 22, effective January 1, 2035.

(2) RCW 43.21B.300 was amended twice during the 2024 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.

Finding-Intent- 2023 c 135: See note following RCW 19.27.590.

Findings-Intent-Scope of authority of chapter 180, Laws of 2022- 2022 c 180: See notes following RCW 70A.205.007.

Short title- 2021 c 316: See RCW 70A.65.900.

Finding-Intent- 2021 c 313: See note following RCW 70A.245.010.

Explanatory statement- 2019 c 64: See note following RCW 1.20.110.

Intent-Effective dates-Application-Pending cases and rules- 2010 c 210: See notes following RCW 43.21B.001.

Effective date-1993 c 387: See RCW 18.104.930.

Effective dates-1992 c 73: See RCW 82.23B.902.

Purpose-Short title-Construction-Rules-Severability-Captions-1987 c 109: See notes following RCW 43.21B.001.

This section is set out more than once due to postponed, multiple, or conflicting amendments.