RCW 90.48.240
Water pollution orders for conditions requiring immediate action—Appeal.
Notwithstanding any other provisions of this chapter or chapter 90.56 RCW, whenever it appears to the director that water quality conditions exist which require immediate action to protect the public health or welfare, or that a person required by RCW 90.48.160 to obtain a waste discharge permit prior to discharge is discharging without the same, or that a person conducting an operation which is subject to a permit issued pursuant to RCW 90.48.160 conducts the same in violation of the terms of said permit, causing water quality conditions to exist which require immediate action to protect the public health or welfare, the director may issue a written order to the person or persons responsible without prior notice or hearing, directing and affording the person or persons responsible the alternative of either (1) immediately discontinuing or modifying the discharge into the waters of the state, or (2) appearing before the department at the time and place specified in said written order for the purpose of providing to the department information pertaining to the violations and conditions alleged in said written order. The responsible person or persons shall be afforded not less than twenty-four hours notice of such an information meeting. If following such a meeting the department determines that water quality conditions exist which require immediate action as described herein, the department may issue a written order requiring immediate discontinuance or modification of the discharge into the waters of the state. In the event an order is not immediately complied with the attorney general, upon request of the department, shall seek and obtain an order of the superior court of the county in which the violation took place directing compliance with the order of the department. Such an order is appealable pursuant to RCW 43.21B.310.
[ 1991 c 200 § 1106; 1987 c 109 § 15; 1967 c 13 § 22.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Structure Revised Code of Washington
Title 90 - Water Rights—Environment
Chapter 90.48 - Water Pollution Control.
90.48.010 - Policy enunciated.
90.48.030 - Jurisdiction of department.
90.48.035 - Rule-making authority.
90.48.037 - Authority of department to bring enforcement actions.
90.48.039 - Hazardous substance remedial actions—Procedural requirements not applicable.
90.48.045 - Environmental excellence program agreements—Effect on chapter.
90.48.080 - Discharge of polluting matter in waters prohibited.
90.48.090 - Right of entry—Special inspection requirements for metals mining and milling operations.
90.48.100 - Request for assistance.
90.48.112 - Plan evaluation—Consideration of reclaimed water.
90.48.144 - Violations—Civil penalty—Procedure.
90.48.150 - Construction of chapter.
90.48.153 - Cooperation with federal government—Federal funds.
90.48.156 - Cooperation with other states and provinces—Interstate and state-provincial projects.
90.48.158 - Grants to public bodies authorized.
90.48.160 - Waste disposal permit—Required—Exemptions.
90.48.162 - Waste disposal permits required of counties, municipalities and public corporations.
90.48.215 - Upland finfish facilities—Waste discharge standards—Waste disposal permit.
90.48.230 - Application of administrative procedure law to rule making and adjudicative proceedings.
90.48.240 - Water pollution orders for conditions requiring immediate action—Appeal.
90.48.250 - Agreements or contracts to monitor waters and effluent discharge.
90.48.261 - Exercise of powers under RCW 90.48.260—Aquatic resource mitigation.
90.48.262 - Implementation of RCW 90.48.260—Permits for energy facilities—Rules and procedures.
90.48.270 - Sewage drainage basins—Authority of department to delineate and establish.
90.48.280 - Sewage drainage basins—Comprehensive plans for sewage drainage basins.
90.48.310 - Application of barley straw to waters of the state.
90.48.364 - Discharge of oil into waters of the state—Definitions.
90.48.366 - Discharge of oil into waters of the state—Compensation schedule.
90.48.367 - Discharge of oil into waters of the state—Assessment of compensation.
90.48.368 - Discharge of oil into waters of the state—Preassessment screening.
90.48.386 - Department of natural resources leases.
90.48.390 - Coastal protection fund—Established—Moneys credited to—Use.
90.48.400 - Coastal protection fund—Disbursal of moneys from.
90.48.422 - Water quality standards—Compliance methods—Department authority.
90.48.430 - Watershed restoration projects—Approval process—Waiver of public review.
90.48.445 - Aquatic noxious weed control—Water quality permits—Definition.
90.48.448 - Eurasian water milfoil—Pesticide 2,4-D application.
90.48.465 - Water discharge fees—Report to the legislature.
90.48.467 - Report to the legislature—Required information.
90.48.480 - Reduction of sewer overflows—Plans—Compliance schedule.
90.48.490 - Sewage treatment facilities—Plans to upgrade or construct.
90.48.495 - Water conservation measures to be considered in sewer plans.
90.48.530 - Construction projects involving fill material—Leaching test.
90.48.531 - Leaching tests—Identification—Report to the legislature.
90.48.540 - Use attainability analysis of water within federal reclamation project boundaries—Rules.
90.48.570 - Water quality data—Findings—Intent.
90.48.575 - Water quality data—Definitions.
90.48.580 - Water quality data—Credible data, information, literature.
90.48.585 - Water quality data—When credible.
90.48.590 - Water quality data—Falsified data—Penalty.
90.48.595 - On-site sewage disposal system repair and replacement—Loan and grant programs.
90.48.615 - Motorized or gravity siphon aquatic mining—Prohibited acts.