Revised Code of Washington
Chapter 77.55 - Construction Projects in State Waters.
77.55.410 - Violation of chapter.

RCW 77.55.410
Violation of chapter.

(1) When the department determines that a violation of this chapter, or of any of the rules that implement this chapter, has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. The department shall offer information and technical assistance to the project proponent, identifying one or more means to accomplish the project proponent's purposes within the framework of the law. The department shall provide a reasonable timeline to achieve voluntary compliance that takes into consideration factors specific to the violation, such as the complexity of the hydraulic project, the actual or potential harm to fish life or fish habitat, and the environmental conditions at the time.
(2) If a person violates this chapter, or any of the rules that implement this chapter, or deviates from a permit, the department may issue a notice of correction in accordance with chapter 43.05 RCW, a notice of violation in accordance with chapter 43.05 RCW, a stop work order, a notice to comply, or a notice of civil penalty as authorized by law and subject to chapter 43.05 RCW and RCW 34.05.110.
(3) For purposes of this section, the term "project proponent" means a person who has applied for a hydraulic project approval, a person identified as an authorized agent on an application for a hydraulic project approval, a person who has obtained a hydraulic project approval, or a person who undertakes a hydraulic project without a hydraulic project approval.
(4) This section does not apply to a project, or to that portion of a project, that has received a forest practices hydraulic project permit from the department of natural resources pursuant to chapter 76.09 RCW.

[ 2019 c 290 § 5.]
NOTES:

Finding—Intent—2019 c 290: See note following RCW 77.12.085.

Structure Revised Code of Washington

Revised Code of Washington

Title 77 - Fish and Wildlife

Chapter 77.55 - Construction Projects in State Waters.

77.55.011 - Definitions.

77.55.021 - Permit.

77.55.031 - Driving across established ford.

77.55.041 - Derelict fishing, crab, and other shellfish gear—Removal.

77.55.051 - Spartina/purple loosestrife—Removal or control.

77.55.061 - Hazardous substance remedial actions—Procedural requirements not applicable.

77.55.081 - Removal or control of aquatic noxious weeds—Rules—Pamphlet.

77.55.091 - Small scale prospecting and mining—Rules.

77.55.101 - Environmental excellence program agreements—Effect on chapter.

77.55.111 - Habitat incentives agreement.

77.55.121 - Habitat incentives program—Goal—Requirements of agreement—Application evaluation factors.

77.55.131 - Dike vegetation management guidelines—Memorandum of agreement.

77.55.151 - Permit issued to a marina or marine terminal for regular maintenance activities.

77.55.161 - Stormwater discharges.

77.55.171 - Watershed restoration projects—Permit processing.

77.55.181 - Fish habitat enhancement project—Permit review and approval process—Fees—Limitation of liability.

77.55.191 - Columbia river anadromous fish sanctuary—Restrictions.

77.55.201 - Landscape management plan.

77.55.211 - Informational brochure.

77.55.221 - Flood damage repair and reduction activities—Five-year maintenance permit agreements.

77.55.231 - Conditions imposed upon a permit—Reasonably related to project—Least impactful modifications—Minor modifications to plans/work timing.

77.55.241 - Off-site mitigation.

77.55.251 - Mitigation plan review.

77.55.261 - Placement of woody debris as condition of permit.

77.55.271 - Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required.

77.55.281 - Fishways on certain agricultural drainage facilities.

77.55.331 - Hydraulic project approval account.

77.55.341 - Department to prepare and distribute information to the public.

77.55.351 - Department to develop system to provide access to hydraulic project approval applications.

77.55.361 - Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department's duties regarding chapter 76.09 RCW.

77.55.371 - Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract.

77.55.400 - Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.

77.55.410 - Violation of chapter.

77.55.420 - Stop work order—Notice—Appeal.

77.55.430 - Notice to comply—Notice—Appeal.

77.55.440 - Penalties—Notice—Appeal—Authority of attorney general to recover penalty—Penalty schedule.

77.55.450 - Administrative inspection warrant.

77.55.460 - Disapproval of an application—Notice—Review.

77.55.470 - Remedies under chapter not exclusive.

77.55.480 - Habitat recovery pilot program.