RCW 78.52.463
Suspension of operations for violation—Notice—Order—Hearing—Stay of order.
(1) Any operation or activity that is in violation of applicable laws, rules, orders, or permit conditions is subject to suspension by order of the department. The order may suspend the operations authorized in the permit in whole or in part. The order may be issued only after the department has first notified the operator or owner of the violations and the operator or owner has failed to comply with the directions contained in the notification within ten days of service of the notice: PROVIDED, That the department may issue the suspension order immediately without notice if the violations are or may cause substantial harm to adjacent property, persons, or public resources, or has or may result in the pollution of waters in violation of any state or federal law or rule. A suspension shall remain in effect until the violations are corrected or other directives are complied with unless declared invalid by the department after hearing or an appeal. The suspension order and notification, where applicable, shall specify the violations and the actions required to be undertaken to be in compliance with such laws, rules, orders, or permit conditions. The order and notification may also require remedial actions to be undertaken to restore, prevent, or correct activities or conditions which have resulted from the violations. The order and notification may be directed to the operator or owner or both.
(2) The suspension order constitutes a final and binding order unless the owner or operator to whom the order is directed requests a hearing before the department within fifteen days after service of the order. Such a request shall not in itself stay or suspend the order and the operator or owner shall comply with the order immediately upon service. The department may stay or suspend in whole or in part the suspension order pending a hearing if so requested. The hearing shall constitute an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act.
[ 1994 sp.s. c 9 § 846; 1989 c 175 § 167; 1983 c 253 § 29.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1989 c 175: See note following RCW 34.05.010.
Structure Revised Code of Washington
Title 78 - Mines, Minerals, and Petroleum
Chapter 78.52 - Oil and Gas Conservation.
78.52.001 - Declaration of purpose.
78.52.025 - Hearings and meetings of department.
78.52.030 - Employment of personnel.
78.52.031 - Conduct of hearings—Evidence.
78.52.032 - Hearing examiners.
78.52.033 - Failure of witness to attend or testify—Contempt.
78.52.035 - Attorney for department.
78.52.037 - State oil and gas supervisor—Deputy supervisors—Employment of personnel.
78.52.040 - Duty and powers of department—In general.
78.52.050 - Rules, regulations, and orders—Time and place of hearing—Notices.
78.52.070 - Hearing upon petition—Time for action.
78.52.100 - Records—Copies as evidence—Copies to be furnished.
78.52.120 - Drilling permit required—Notice.
78.52.140 - Carbon black and carbon products—Permit required.
78.52.150 - Investigations authorized.
78.52.155 - Investigations—Powers and duties.
78.52.200 - Development units authorized for known pools.
78.52.205 - Development units to be prescribed for pool after discovery—Temporary development units.
78.52.210 - Development units—Size and shape.
78.52.220 - Development units—Location of well.
78.52.230 - Development units—Order must cover entire pool—Modifications.
78.52.240 - Development units—Pooling of interests.
78.52.245 - Pooling order—Allocation of production.
78.52.250 - Pooled interests in well in development unit—Allocation of costs—Rights of owners.
78.52.260 - "Wildcat" or "exploratory" well data confidential.
78.52.270 - Limitation of production to "oil allowable"—Proration.
78.52.280 - Determining market demand—No undue discrimination in proration of "allowable."
78.52.290 - Limitation of production to "gas allowable"—Proration.
78.52.300 - Limitation of gas production from one pool.
78.52.310 - Proration of allowable production in pool—Publication of orders—Emergency orders.
78.52.320 - Compliance with limitation or proration required.
78.52.330 - Unit operation of separately owned tracts.
78.52.335 - Unit operation of pools.
78.52.345 - Ratable purchase of oil from owners or operators of pool required.
78.52.355 - Ratable purchase of gas from owners or operators of pool required.
78.52.365 - Enforcement of RCW 78.52.345 and 78.52.355.
78.52.450 - Participation of public lands in unit plan.
78.52.460 - Unit plan not deemed monopolistic.
78.52.463 - Suspension of operations for violation—Notice—Order—Hearing—Stay of order.
78.52.470 - Objections to order—Hearing required—Modification of order.
78.52.480 - Appeal from order or decision—Rights of department.
78.52.530 - Violations—Injunctions.
78.52.540 - Violations—Injunctions by private party.
78.52.550 - Violations—Penalty.