RCW 86.16.081
Enforcement of chapter—Civil penalty—Review by pollution control hearings board or local legislative authority.
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the attorney general or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to ensure compliance with this chapter.
(2) Any person who fails to comply with this chapter shall also be subject to a civil penalty not to exceed one thousand dollars for each violation. Each violation or each day of noncompliance shall constitute a separate violation.
(3) The penalty provided for in this section 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 same from the department or local government, describing the violation with reasonable particularity and ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time.
(4) Any penalty imposed pursuant to this section by the department shall be subject to review by the pollution control hearings board. Any penalty imposed pursuant to this section by local government shall be subject to review by the local government legislative authority. Any penalty jointly imposed by the department and local government shall be appealed to the pollution control hearings board.
[ 1995 c 403 § 634; 1987 c 523 § 8.]
NOTES:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Structure Revised Code of Washington
Chapter 86.16 - Floodplain Management.
86.16.010 - Statement of policy—State control assumed.
86.16.020 - Floodplain management regulation.
86.16.025 - Authority of department.
86.16.031 - Duties of the department of ecology.
86.16.035 - Department of ecology—Control of dams and obstructions.
86.16.045 - Adoption of ordinances or requirements that exceed minimum federal requirements.
86.16.051 - Basis for state and local floodplain management.
86.16.061 - Adoption of rules.
86.16.071 - Chapter not to create liability for damages against the state.
86.16.120 - Flood damages defined.
86.16.160 - Local programs not prevented.