RCW 90.48.368
Discharge of oil into waters of the state—Preassessment screening.
(1) The department shall adopt rules establishing a formal process for preassessment screening of damages resulting from spills to the waters of the state causing the death of, or injury to, fish, animals, vegetation, or other resources of the state. The rules shall specify the conditions under which the department shall convene a preassessment screening committee. The preassessment screening process shall occur concurrently with reconnaissance activities. The committee shall use information obtained from reconnaissance activities as well as any other relevant resource and resource use information. For each incident, the committee shall determine whether a damage assessment investigation should be conducted, or, whether the compensation schedule authorized under RCW 90.48.366 and 90.48.367 should be used to assess damages. The committee may accept restoration or enhancement projects or studies proposed by the liable parties in lieu of some or all of: (a) The compensation schedule authorized under RCW 90.48.366 and 90.48.367; or (b) the claims from damage assessment studies authorized under RCW 90.48.142.
(2) A preassessment screening committee may consist of representatives of the departments of ecology, archaeology and historic preservation, fish and wildlife, health, and natural resources, and the parks and recreation commission, as well as other federal, state, and local agencies, and tribal and local governments whose presence would enhance the reconnaissance or damage assessment aspects of spill response. The department shall chair the committee and determine which representatives will be needed on a spill-by-spill basis.
(3) The committee shall consider the following factors when determining whether a damage assessment study authorized under RCW 90.48.367 should be conducted: (a) Whether evidence from reconnaissance investigations suggests that injury has occurred or is likely to occur to publicly owned resources; (b) the potential loss in services provided by resources injured or likely to be injured and the expected value of the potential loss; (c) whether a restoration project to return lost services is technically feasible; (d) the accuracy of damage quantification methods that could be used and the anticipated cost-effectiveness of applying each method; (e) the extent to which likely injury to resources can be verified with available quantification methods; and (f) whether the injury, once quantified, can be translated into monetary values with sufficient precision or accuracy.
(4) When a resource damage assessment is required for an oil spill in the waters of the state, as defined in RCW 90.56.010, the state trustee agency responsible for the resource and habitat damaged shall conduct the damage assessment and pursue all appropriate remedies with the responsible party.
(5) Oil spill damage assessment studies authorized under RCW 90.48.367 may only be conducted if the committee, after considering the factors enumerated in subsection (3) of this section, determines that the damages to be investigated are quantifiable at a reasonable cost and that proposed assessment studies are clearly linked to quantification of the damages incurred.
(6) As new information becomes available, the committee may reevaluate the scope of damage assessment using the factors listed in subsection (3) of this section and may reduce or expand the scope of damage assessment as appropriate.
(7) The preassessment screening process shall provide for the ongoing involvement of persons who may be liable for damages resulting from an oil spill. The department may negotiate with a potentially liable party to perform restoration and enhancement projects or studies which may substitute for all or part of the compensation authorized under RCW 90.48.366 and 90.48.367 or the damage assessment studies authorized under RCW 90.48.367.
(8) For the purposes of this section and RCW 90.48.367, the cost of a damage assessment shall be considered "reasonable" when the anticipated cost of the damage assessment is expected to be less than the anticipated damage that may have occurred or may occur.
[ 2007 c 347 § 2; 1994 c 264 § 92; 1992 c 73 § 29; 1991 c 200 § 814; 1989 c 388 § 4.]
NOTES:
Effective dates—1992 c 73: See RCW 82.23B.902.
Effective dates—1991 c 200: See RCW 90.56.901.
Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010.
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.