RCW 88.46.070
Enforcement of prevention plans and contingency plans—Determination of violation—Order or directive—Notice.
(1) The provisions of prevention plans and contingency plans approved by the department pursuant to this chapter shall be legally binding on those persons submitting them to the department and on their successors, assigns, agents, and employees. The superior court shall have jurisdiction to restrain a violation of, compel specific performance of, or otherwise to enforce such plans upon application by the department. The department may issue an order pursuant to chapter 34.05 RCW requiring compliance with a contingency plan or a prevention plan and may impose administrative penalties for failure to comply with a plan.
(2) If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of this chapter, the director shall notify the person of the director's determination by registered mail. The determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of the determination, the person shall file with the director a full report stating what steps have been and are being taken to comply with the determination of the director. The director shall issue an order or directive, as the director deems appropriate under the circumstances, and shall notify the person by registered mail.
(3) If the director believes immediate action is necessary to accomplish the purposes of this chapter, the director may issue an order or directive, as appropriate under the circumstances, without first issuing a notice or determination pursuant to subsection (2) of this section. An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed.
[ 2000 c 69 § 7; 1992 c 73 § 21; 1991 c 200 § 420.]
NOTES:
Effective dates—1992 c 73: See RCW 82.23B.902.
Structure Revised Code of Washington
Title 88 - Navigation and Harbor Improvements
Chapter 88.46 - Vessel Oil Spill Prevention and Response.
88.46.020 - Coordination with federal law.
88.46.030 - Tank vessel inspection programs.
88.46.060 - Contingency plans.
88.46.0601 - Contingency plans—Department to update rules.
88.46.065 - Nonprofit corporation providing contingency plan—Liability limited.
88.46.068 - Adequacy of contingency plans—Practice drills—Rules.
88.46.073 - Violations of rules—Enforcement.
88.46.090 - Unlawful acts—Civil penalty.
88.46.100 - Notification of vessel emergencies resulting in discharge of oil.
88.46.120 - Tank vessel response equipment standards.
88.46.125 - Emergency response system—Funding—Intent—Finding.
88.46.130 - Emergency response system.
88.46.135 - Emergency response system—Vessel planning standards.
88.46.139 - Emergency response system—Adequacy determination—Practice drills.
88.46.165 - Oil transfers—Scope of rules—Reporting volumes of oil transferred.
88.46.170 - Field operations program—Coordination with United States coast guard.
88.46.180 - Planning standards for equipment—Updates.
88.46.190 - Rule making for vessels of opportunity response system.
88.46.200 - Advisory marine safety committees—Recommendations.
88.46.210 - Volunteer coordination system.
88.46.220 - Equipment deployment drills of covered vessels.
88.46.230 - Umbrella plan holders.
88.46.250 - Model—Assessment of oil spill risks, emergency response towing vessel—Report.
88.46.901 - Effective dates—1991 c 200.