RCW 90.56.300
Unlawful operation of facility—Criminal penalties.
(1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state an onshore or offshore facility without an approved contingency plan or an approved prevention plan as required by this chapter, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.
(2)(a) The first conviction under this section is a gross misdemeanor under chapter 9A.20 RCW.
(b) A second or subsequent conviction is a class C felony under chapter 9A.20 RCW.
(3) It shall not be unlawful for the owner or operator to operate an onshore or offshore facility if:
(a) The facility is not required to have a contingency plan, spill prevention plan, or financial responsibility; or
(b) All required plans have been submitted to the department as required by RCW 90.56.210 and rules adopted by the department and the department is reviewing the plan and has not denied approval.
(4) A person may rely on a copy of the statement issued by the department pursuant to *RCW 90.56.210(7) as evidence that a facility has an approved contingency plan and the statement issued pursuant to **RCW 90.56.200(4) that a facility has an approved prevention plan.
[ 2003 c 53 § 420; 1992 c 73 § 34; 1991 c 200 § 301; 1990 c 116 § 8. Formerly RCW 90.48.376.]
NOTES:
Reviser's note: *(1) RCW 90.56.210 was amended by 2015 c 274 § 5, changing subsection (7) to subsection (8).
**(2) RCW 90.56.200 was amended by 2015 c 274 § 4, changing subsection (4) to subsection (5).
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
Structure Revised Code of Washington
Title 90 - Water Rights—Environment
Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.
90.56.020 - Director responsible for spill response.
90.56.030 - Powers and duties.
90.56.040 - Authority supplemental.
90.56.070 - Coordination with federal law.
90.56.080 - Hazardous substances incident response training and education program.
90.56.100 - Washington wildlife rescue coalition.
90.56.110 - Rehabilitation of wildlife—Rules.
90.56.210 - Contingency plans.
90.56.2101 - Contingency plans—Department to update rules.
90.56.220 - Facility operation standards.
90.56.230 - Operations manuals.
90.56.240 - Standards for spill management, cleanup, and containment services contractors.
90.56.250 - Index of prevention plans and contingency plans—Equipment inventory.
90.56.260 - Adequacy of contingency plans—Practice drills—Report.
90.56.270 - Enforcement of contingency plans.
90.56.280 - Duty to notify coast guard and division of emergency management of discharge.
90.56.300 - Unlawful operation of facility—Criminal penalties.
90.56.320 - Unlawful for oil to enter waters—Exceptions.
90.56.330 - Additional penalties.
90.56.340 - Duty to remove oil.
90.56.360 - Liability for expenses.
90.56.370 - Strict liability of owner or controller of oil—Damages—Exceptions.
90.56.380 - Liability of others for cleanup expenses.
90.56.390 - Liability for removal costs.
90.56.410 - Right of entry and access to records pertinent to investigations.
90.56.420 - Authorized discharges of oil—Permits.
90.56.500 - Oil spill response account.
90.56.510 - Oil spill prevention account.
90.56.530 - Reckless operation of a tank vessel—Penalty.
90.56.540 - Operation of a vessel while under influence of liquor or drugs—Penalty.
90.56.550 - Breath or blood analysis.
90.56.560 - Limited immunity for blood withdrawal.
90.56.569 - Updates to the senate and house of representatives.
90.56.570 - Periodic evaluation and update of planning standards for oil spill response equipment.
90.56.580 - Crude oil vapor pressure—Maximum—Penalty.
90.56.900 - Construction—Appeal not to stay order, rule, or regulation.