Water ponution Control 90.48.095

WaterdiJtrict powers IS to sewersysterm. .ppl'Ot'.,of exercise by pol·

lutioncontrol commission: RCW 57.08.065.

W.ter pollution control f.cilities, tBl( exemptions and t:redits: ClJapter

82.14 RCW.

90.48.010 Policy enunciated. It is declared to be the

public policy of the state of Washington to maintain the

highcst possible standards to insure the purity of all waters of the state consistent with public health and public

enjoyment thereof, the propagation and protection of

wild life, birds, game, fish and other aquatic life, and the

industrial development of the state, and to that end require the use of all known available and reasonable

methods by industries and others to prevent and control

the pollution of the waters of the state of Washington.

Consistent with this policy, the state of Washington will

exercise its powers, as fully and as effectively as possible,

to retain and secure high quality for all waters of the

state. The state of Washington in recognition of the federal government's interest in the quality of the navigable

waters of tbe United States, of which certain portions

thereof arc within the jurisdictional limits of this state,

proclaims a public policy of working cooperatively with

the federal government in a joint effort to extinguish the

sources of water quality degradation, while at the same

time preserving and vigorously exercising state powers to

insure that present and future standards of water quality

within the state shall be determined by the citizenry,

through and by the efforts of state government, of the

st!lte of Washington. [1973 c 155 § I; 1945 c 216 § I; •

Rem. Supp. 1945 § 10964a.]

90.48.015 Powers, duties and functions of water pollution control commission, director tbereof, transferred to

department of ecology. See RCW 43.2IA.060.

90.48.010 Definitions. Whenever the word "person"

is used in this chapter, it shall be construed to include

any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity

whatsoever. Wherever. the words "waters of the state"

shall be used in this chapter, they shall be construed to

include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state

of Washington. Whenever the word "pollution" is used

in this chapter, it shall be construed to mean such contamination, or other alteration of the physical, chemical

or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or

odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance

or render such waters harmful, detrimental or injurious

. to the public health, safety or welfare. or to domestic•

. commercial, industrial, agricultural. recreational. or

other legitimate beneficial uses, or to livestock, wild animals, birds. fish or other aquatic life. Wherever the word

"commission" is used in this chapter it shall mean the

water pollution eomrol commission as created in ·RCW

(1911 Ed.)

90.48.021. Whenever the word "director" is used in this

chapter it shall mean the director as provided for in

·RCW 90.48.023. [1967 c 13 § Ii 1945 c 216 § 2i Rem.

Supp. 194~ § I0964b.]

·ReYiser'. DOte: 'RCW 90.48.021' and 'RCW 90.48.02)' were re- pealed by 1970 eu. C 62 I 30.

90.48.030 Jurisdiction of commission. The commission shall have the jurisdiction to control and prevent the

pollution of streams. Jakes, rivers, ponds, inland waters,

salt waters, water courses. and other- surface and underground waters of the state of Washington. [1945 c 216 §

to, Rem. Supp. 1945 § 10964j. FORMER PART OF

SECTION: 1945 c 216 § Iii Rem. Supp. 1945 §

10964k, now codified as RCW 90.48.035.]

90.48.035 General powers or commission. The commission shall have the authority to, and shall promulgate, amend, or rescind such rules and regulations as it

shall deem necessary to carry out the provisions of this

chapter, including but not limited to rules and regulations relating to standards of quality for waters of the

state and for substances discharged therein in order to

maintain the highest possible standards of all waters of

the state in accordance with the public policy as declared in RCW 90.48.010. [1970 ex.s. c 88 § 11i 1967 c

13 § 6; 1945 c 216 § IIi Rem. Supp. 1945 § 10964k.

Formerly RCW 90.48.030, part.]

90.48.037 Authority or commission to bring legal actions to enforce chapter. The commission, with the assistance of the attorney general, is authorized to bring

any appropriate action at law or in equity, including action for injunctive relief, in the name of the people of the

state of Washington as may be necessary to carry out

the provisions of this chapter. [1967 c 13 § 7.J

90.48.080 Discharge of polluting matter in waters

prohibited. It shall be unlawful for any person to throw,

drain, run, or otherwise discharge into any of the waters

of this state, or to cause, permit or suffer to be thrown,

run, drained, allowed to seep or otherwise discharged

into such waters any organic or inorganic matter that

shall cause or tend to cause pollution of such waters according to the determination of the commission, as provided for in this chapter. [1967 c 13 § s. 1945 c 216 §

14; Rem. Supp. 1945 § 10964n.J *

90.48.090 Right of entry. The commission or its duly

appointed agent shall have the right to enter at all reasonable times in or upon any property, public or private,

for the purpose of inspecting and investigating conditions

relating to the pollution of or the possible pollution of

any of the waters of this state. [1945 c 216 § IS; Rem.

Supp. 1945 § 10964o.J

90.48.095 Authority of commission to compel attendance and testimony of witnesses, production of books

and papers---Contempt proceedings to enforce--

Fees. In carrying out the purposes of this chapter the

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commission shall, in conjunctk~f'''ith either the promulgation of rules and regulations, consideration of an application for a waste discharge permit or the termination

or modification of such permit, or proceedings in contested cases, have the authority to issue process and

subpoena witnesses effective throughout the state on its

own behalf or that of an interested party, compel their

attendance. administer oaths. take the testimony of any

person under oath and. in connection therewith require

the production for examination of any books or papers

relating to the matter under consideration by the commission. In case of disobedience on the part of any person to comply with any subpoena issued by the

commission. or on the refusal of any witness to testify to

any matters regarding which he may be lawfully interrogated. it shall be the duty of the superior court of any

county, or of the judge thereof. on application of the

commission. to compel obedience by proceedings for

contempt. as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal

to testify therein. In connection with the authority

granted under this section no witness or other person

shall be required to divulge trade secrets or secret processes. Persons responding to a subpoena as provided

herein shall be entitled to fees as are witnesses in superior court. [1967 c 13 § 9.]

90.48.100 Request for assistance. The commISSion·

shall have the right to request and receive the assistance

of any educational institution or state agency when it is

deemed necessary by the commission to carry out the

provisions of this chapter. [1945 c 216 § 16; Rem. Supp.

1945 § 10964p.]

90.48.110 Plans and proposed methods of operation

and maintenance of sewerage or disposal systems to be

submitted to commission. All plans and specifications for

the construction of new sewerage systems, sewage treatment or disposal plants or systems. or for improvements

or extensions to existing sewerage systems or sewage

treatment or disposal plants, and the proposed method of

future operation and maintenance of said facility or facilities. shall be submitted to and be approved by the

commission. before construction thereof may begin. No

approval shall be given until the commission is satisfied

that said plans and specifications and the methods of

operation and maintenance submitted are adequate to

protect the quality of the state's waters as provided for

in this chapter. [1967 c 13 § 10; 1945 c 216 § 17; Rem.

Supp. 1945 § 10964q.]

90.48.120 Notice of department's determination that

,iolation has or will occur--Report to department of

compliance witb determination---Order or directive to

beissued-Notice. (I) Whenever. in the opinion of the

department, any person shall violate or is about to violate the provisions of this chapter. or fails to control the

polluting content of waste discharged or to be discharged

into any waters of the state. the department shall notify

such person of its determination by registered mail. Such

determination shall not constitute an order or directive.

£I1de 90 RCW-. 381

"'~ under RCW 9'\;:4'3.135. Within thirty days from the receipt of notice of such determination. such person shall

file with the department a full report stating what steps

have been and are being taken to control such waste or

pollution or to otherwise comply with the determination

of the department. Whereupon the department shall issue such order or directive as it deems appropriate under

the circumstances. and shall notify such person thereof

by registered mail.

(2) Whenever the department deems immediate action is necessary to accomplish the purposes of chapter

90.48 RCW, it may issue such order or directive. as appropriate under the circumstances, without first issuing

a notice or determination pursuant to subsection (I) 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. [1973 c ] 55

§ 2; 1967 c 13 § II; ]945 c 216 § 18; Rem. Supp. 1945

§ 10964r.)

-90.48.135 Hearing--8tay of order or dlrectiYe---Court review. Any person having an interest of

an economic or noneconomic nature who feels aggrieved

by an order or directive of the commission shall be entitled to a hearing before the commission. or an examiner

designated by the commission, upon request. No such

request shall be entertained by the commission unless it

contains a statement of the substance of the order or directive complained of and the manner in which the same

affects the aggrieved and is delivered to the commission's office in Olympia. personally or by registered

mail. within thirty days following the rendition of the

order or directive. Notwithstanding any provision of

chapter 34.04 RCW which may be to the contrary. no

order or directive of the commission shall be stayed

pending completion of the hearing and issuance of a final order. unless the commission. acting on an application for a stay from a party to the hearing. determines in

its discretion that issuance of a stay would not be detrimental to the public interest. Such final order shall be

subject to review upon application by any party to the

hearing in the superior court of the county in which the

affected. system or plant or other discharge facility. or

some portion thereof, is situated. The denial by the

commission of an application for a stay shall constitute

an order subject to court review as provided for in this

section. When a petition for review of any final order of

the commission, in a contested case or on an application

for a stay, is filed before a superior court. the court shall

initiate a hearing pursuant to RCW 34.04.] 30 within

ninety days after the receipt of the petition requesting

judicial review. Every appeal from a decision of the superior court shall be heard by the appropriate appellate

court as soon as possible. Such appeal shall be considered a case involving issues of broad public import requiring prompt and ultimate determination. [1970 ex.s. c

41 § I; ]967 c 13 § 12.]

90.48.140 Penalty. Any person found guilty of wilfully violating any of the provisions of this chapter. or

any final written orders or directive of the department or

(1981 Ed.)