RCW 19.122.140
Commission authority—Receipt of notification of violation of chapter—Referral to attorney general.
(1) The commission may enforce the civil penalties authorized in RCW 19.122.070 or 19.122.075 when it receives written notification from the safety committee created under RCW 19.122.130 indicating that a violation of this chapter has likely been committed by a person subject to regulation by the commission, or involving the underground facilities of such a person.
(2) If the commission receives written notification from the safety committee pursuant to RCW 19.122.130 that a violation of this chapter has likely been committed by a person who is not subject to regulation by the commission, and in which the underground facility involved is also not subject to regulation by the commission, the commission may refer the matter to the attorney general for enforcement of a civil penalty under RCW 19.122.070 or 19.122.075. The commission must provide funding for such enforcement. However, any costs and fees recovered by the attorney general pursuant to subsection (3) of this section must be deposited by the commission in the fund that paid for such enforcement.
(3) In a matter referred to it by the commission pursuant to subsection (2) of this section, the attorney general may bring an action to enforce the penalties authorized in RCW 19.122.070 or 19.122.075. In such an action, the court may award the state all costs of investigation and trial, including a reasonable attorneys' fee fixed by the court.
[ 2017 c 20 § 2; 2011 c 263 § 19.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Structure Revised Code of Washington
Title 19 - Business Regulations—Miscellaneous
Chapter 19.122 - Underground Utilities.
19.122.027 - One-number locator services—Single statewide toll-free telephone number.
19.122.030 - Excavator and facility operator duties before excavation.
19.122.031 - Exempted activities.
19.122.033 - Notice of excavation to pipeline companies.
19.122.045 - Exemption from liability.
19.122.053 - Report of damage to underground facility.
19.122.055 - Failure to notify one-number locator service—Civil penalty, if damages.
19.122.070 - Civil penalties—Treble damages—Existing remedies not affected.
19.122.075 - Damage or removal of permanent marking—Civil penalty.
19.122.080 - Waiver of notification and marking requirements.
19.122.090 - Excavation without a valid excavation confirmation code—Penalty.
19.122.100 - Violation of RCW 19.122.090—Affirmative defense.
19.122.110 - False excavation confirmation code—Penalty.
19.122.120 - One-number locator service to provide excavation confirmation code.
19.122.150 - Commission authority—Violations of chapter—Imposition of penalties.
19.122.160 - Damage prevention account.
19.122.170 - Damage prevention account—Use of funds.
19.122.180 - Damage prevention account—Deposit of penalties.