WaterponutionControl 90.48.095

WaterdiJtrictpowers IStosewersysterm. .ppl'Ot'.,ofexercise bypol·

lutioncontrolcommission:RCW57.08.065. W.terpollutioncontrolf.cilities, tBl(exemptionsandt:redits: ClJapter

82.14RCW.

90.48.010 Policy enunciated. 

### It is declared to be the public policy ofthe state ofWashington to maintain the highcstpossible standards to insure the purity of all waters ofthe stateconsistent with public health and public enjoyment thereof, the propagation and protection of wild life, birds, game, fish and otheraquatic 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 ofthe waters of the state of Washington. Consistentwith this policy,the state ofWashington will exerciseits powers, as fully andas effectively as possible,
to retain and secure high quality for all waters of the
state. The stateofWashington in recognition ofthe federalgovernment's interestinthe quality ofthe navigable
waters oftbe United States, of which certain portions thereofarc within thejurisdictional limits ofthis state, proclaims a public policy of working cooperatively with the federal government in ajointeffort to extinguish the

sources of water quality degradation, while at the same time preserving and vigorously exercising state powers to insurethatpresent and future standards ofwaterquality within the state shall 

### be determined by the citizenry, through and by the efforts ofstate government, of the st!lte ofWashington. [1973 c 155 

### § I; 1945 c 216 

### § I; • Rem. Supp. 1945 

### § 10964a.]

90.48.015 Powers, duties and functions ofwater pollutioncontrolcommission,directortbereof, transferredto departmentofecology. See RCW 43.2IA.060.

90.48.010 Definitions. Whenever the word "person" is 

### usedin 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 

### beused in this chapter, they shall 

### beconstrued to include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within thejurisdiction of the state ofWashington. Whenever the word "pollution" is used in this chapter, it shall be construed to mean such contamination, or other alteration ofthe physical, chemical

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

otherlegitimatebeneficial uses, or to livestock, wild animals, birds. fish orotheraquaticlife. Whereverthe word "commission" is used in this chapter it shall mean the
waterpollution

### 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- pealedby 1970eu. C62

### I 30.

90.48.030 Jurisdiction of commission. The commission shall have thejurisdiction 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 stateofWashington. [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 orcommission 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 nameofthepeople ofthe
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 

### beunlawful 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 

### bethrown,
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 Rightofentry. Thecommission 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 purposeofinspectingand investigatingconditions 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


### £fide90ICW...., 37)111ft: 7V 1\'-"; "au:I I'UK",:r--EAl'UUUIII'II'I'**l~** 

### commission shall, in

### conjunctk~f'''ith either the promulgation of rules and regulations, consideration ofan application for a waste discharge permitor 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 behalfor 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 ofdisobedience 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 ofthe 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 

### berequired 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 submittedto 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 treatmentor 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 thereofmay 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 pollutingcontentof waste discharged or to be 

### discharged into any waters of the state. the department shall notify such person of its determination byregistered mail. Such determination shall not constitute an order or directive.



### £I1de90RCW-.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 orderor 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 orderor directive issued pursuantto this subsection shall be served by registered mail or personally upon any person to whom it isdirected. [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 orderor 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 ofthe substance of the orderor 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 ofthe hearing and issuance ofa 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 orderof the commission, in a contested case or on an application for a stay, is filed beforea superiorcourt. 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 ultimatedetermination. [1970ex.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 writtenorders or directiveof the departmentor

(1981 Ed.)