# • Chapter 43.21B·RCW ENVIRONMENTAL HEARINGS OFFICE-POLLUTION CONTROL HEARINGS BOARD



# •

• Sections
43.218.001 Definitions. 43.218.005 Environmental bearingsoffice created-e-Cornposition-e-Chief executive officer-Still support. 43.2IB.01O Pollution control hearings boardcreated-s-Purpose. 43.21 B.020 Members-Qualifications-Appointment. 43.21 B.030 Members-Terms-Filling vacancies, term. 43.2IB.04O Removal of member. procedure-As disqualification for

. reappointment. 43.2IB.05O Governor to determine basis foroperarion-e-Cornpensaticn if part time basis. limitation-Reimbursement of travel
expenses. 43.2IB.06O Restrictions upon conduct while member and upon termination of membership. 43.2IB.080 Chairman, biennial election of. 43.2IB.09O Principal oflice-Quorum-Hearings-Board powers and duties. 43.2IB.100 Board to make findings of fact andwritten decisions on each case considered-Effective upon signing and filing-Public informatioo. 43.218.110 Pollution control hcarlngs boardjurisdiction. 43.218.130 Administrative procedure act to apply to appeal ofboard rules and regulations-5cope of board action on decisions and orders of others

. 43.2IB.14O Formal or informal hearing, election ofparty taking appeal-Exception. 43.2IB.150 Informal hearings-Generally. 43.21 B.16O Formal bearings-s-Generally. 43.218.170 Proceedings conducted in accordance WlTh published board rules and regulations. 43.218.180 Judicial review-Director's right of review of decisions . pursuant to RCW 43218.110. 43.2IB.19O Judicial review-Appeal from board's order-ProcedureAppellate review-When bonds required. 43.218.230 Appeals of agency actions. 43.2IB.24O Department-Air authorities-Adjudicative proceedings, may not conduct. 43.218.250 Challenges to consistency ofrules adopted pursuant to RCW 43.2IC.110 and 43.2IC.120--Pr0cedure-F'maliry. 43.218.260 Regulations and amendments ofactivated air pollution control authorities-Filing with hearings board authorizedEvidence. 43.218.300 Penalty procedures. 43.2IB.305 Appeals involving penalties offive thousand dollars or less. 43.218.310 Appeal of orders. permits, and licenses. 43.218.320 Stays of orders. 43.218.330 Summary procedures. 43.2IB.9OO Savings-other powers andduties not affected-Pennits, standards DOlaffected--Severnbiliry-Effective**~te** 1970 ex.s. c 62.



### RCW 43.21B.OOl 

### Definitions. As used in this chapter, "department" means the

### department ofecology, and "director" means the director ofecology. [1987 c 109 § 

### 4.] Purpose-1987 c 109: "Ibe purposes ofthis act are to: (1) Simplify and clarify existing statutory and administrative' procedures for appealing decisions ofthe department ofecology and air pollution control authorities in order to (a) expedite thoseappeals. (b) insure that those appeals are conducted with a minimum of expense to save slate and privare resources. and(e) allow the appeUate authorities to decide eases on their**~lS** rather than011procedural technicalities.

(1994) l:!) Qarify existing statutesrelating to theenvironment but which refer
to numerous agencies DOlonger in existence. (3) Eliminate provisions no longer effective or meaningful and abbre\"iateSlalUtory provisions whim are unnecasarily long andconfusing." (1987 e 109 § 

### 1.1

. ShortUtle-I987 e 109: "Thisad may bererermS to as the"ecology procedures simplification act of 1987.' (1987 c 109 § 2.)
Coostructloo-l987 e 109: "Unless othetwise specifically intended, this act shall not be construed to change existing substantive or procedural law; it should only clarify and standardize existing procedures." [1987 c 109 § 3.) Rules-l987 e 109: "Ibedepartment ofecology shallamend its rules by June 30. 1988. to effect the purposes ofthisact." [1987 c 109 § 160.) Severablllly-1987 c 109: "Ifany provision of this act or its application to any person or circumstance is held invalid. lhe remainder of the act or the application oftheprovision 10otherpersons or circumstances is not affected." [1987 c 109 § 161.] CapUons--l987 e 109: •As used in this act.bill headings and section captioos constitute no part of the law." [1987 e 109 § 162.]



### RCW 43.21B.OOS 

### Environmental hearings office created-Composition--Chiefexecutive officer-Starr support. There is created an environmental hearings office ofthe state ofWashington. The environmental hearings

.office shall consist ofthe pollution control hearings board created in RCW 43.2IB.OIO, the forest practices appeals board created in RCW 76.09.210, the 

### shorelines hearings board created in RCW 90.58.170, and the hydraulic appeals board created in RCW 75.20.130. The chairman ofthe poJ1ution control hearings board shan be the chiefexecutive officer of the environmental hearings office. Membership, powers, functions, and duties ofthe pollution control hearings board, the forest practices appeals board, the shorelines hearings board. and the 

### hydraulic appeals board shall be as provided by law. The chiefexecutive officer ofthe environmental hearings office may appoint an administrative appealsjudge who shan possess the powers and duties conferred by the administrative procedure act, 

### chapter 34.05 RCW, in cases before the boards comprising the office. The administrative appealsjudge shall have a demonstrated knowledge of environmental law, and shall be

### admitted to the practice of law in the state ofWashington. Additional administrative appealsjudges may also be appointed by the 

### chiefexecutive

. officer on the same terms. 

### Administrative appeals judges

shall not be subject to 

### chapter41.06RCW. The chiefexecutive officer may appoint. discharge, and 

### fIXthe compensation ofsuch administrative or clerical staff as may be necessary. The chiefexecutive officer may also contract for required services. [1990 c 

### 6S § 

### I; 1986 c 173 § 

### 3; 1979 ex.s. c 47 

### § 2.]

. IDleDI-1979'es.a. e 47: '11 is the intent ofthe legislature to COIl5Olidate adminislrlJiydy the pollutionc:omroI hearings board. the forest

[Cb. 43.21B-p. 1]

### 43.218.005 Environmental Hearings Omce-Pollution Con'trol Hearings Board -'

practices appeals board. and the shorelines hearings boardinto one agency of state government with minimum disturbance 10theseboards, Itis IlOl the Inlent of the legisl:dure in consolidating these boards 10change theellisting membership of these boards,

, ,All full-time employees ofthe pollution controlhearings board and the full-time employee of tbe forest practices appeals board shall befull·time employees of**th~ e~vironmental**  hearings office without loss of rights, Property and obligations of these boards and the shorelines hearings board shall be property and obligations of the environmental hearings office.' (1979 ex.s, c 47 § 1.)



### RCW 43.21B.OI0 Pollution control hearings board created-Purpose. There is hereby created within the environmental hearings office 

### a pollution control hearings board ofthe state ofWashington. Th.e purpose ofthe pollution control hearings board is
to provide 

### !or a more expeditious and efficient disposition of appeals WIth respect to the decisions and orders ofthe**d~partmen~** 

### and director and with respect to all decisions of 

### air pollution control boards or authorities established pursuant to chapter 70.94 RCW. [1979 ex.s. c 47 § 

### 3; 1970 ex.s. c 62 § 31.]

Inlenl-1979 ex.s, c 47: See note following RCW 43.218.005.



### RCW 43.218.020

. Members-QuallficatlonsAppointment. The hearings board shall consist ofthree members qualified by experience or training in pertinent
matters pertaining to the environment, and at least one member ofthe hearings board shall have been admitted to practice law in this state and engaged in the legal profession
at**th~** 

### time ofhis appointment. The hearings board shall be appointed 

### by the governor with the advice and consent of the 

### senate, and no more than two of whom at the time of appointment or during their term shall be members ofthe

same political party. [1970 ex.s. c 62 § 

### 32.]

R<?W 43.218.030 Members-Terms-Filling vaca?oes, term. Members ofthe hearings board shall be appointed 

### for a term ofsix years and until their successors

are appointed and have qualified. In case ofa vacancy, it shall ?e**fille~** 

### by appointment by the governor for the unexpired portion of

### the term in which said vacancy 

### occurs: PROVIDED, That the terms ofthe first three members of the hearings board shall be staggered 

### so that one member**sha~l** 

### be appointed to serve until July I, 1972, one member until July 

### I, 1974, and one member until July 

### I, 1976. [1970 ex.s. 

### c 62 § 

### 33.]**~CW ~3.21B.040**  

### Removal ofmember, procedureAs dlSq.ualification for reappointment. Any member of the hearings**~ard** 

### may be removed for inefficiency, malfeasance and misfeasance 

### in office, under specific written**ch~rges** 

### filed by the governor, who shall transmit such
wntten charges to the member accused and to the chief justice ?fthe**supr~rne** 

### court. The chiefjustice shall thereupon**de~Jgnate** 

### a tnbunal composed ofthreejudges ofthe**s~penor** 

### court to hear and adjudicate the charges. Such**tnb~nal** 

### shall fix the time ofthe hearing which shall be public,**an~** 

### the procedure for the hearing, and the 

### decision ofsuch tribunal shall be final and not subject to review by _ the supreme**cou~.** 

### Removal ofany member of the 

### hearings



### .-board-by the tnbunal shall disqualify such member for

reappomtment, [1970 ex.s. c 62 § 

### 34.] [eb. 43.11B-,». 2) 

### RCW 43.218.050 Governor to determine basis for operatlon-Compensation 

### Itparttime

## basts. limitationReimbursement oftravel expenses. The hearings board

# 0

shall operate on either a part time or a full time basis, as : determined by the governor. 

### If it is determined that the hearings board shall operate on a full time basis, each member ofthe hearings board shall receive an annual salary
to be determined by the governor pursuant to RCW 43.03.040. 

### If it is determined the hearings board shall operate on a part time basis, each member of the hearings 

### board shall receive compensation on the basis ofseventy-five dollars for each day spent in performance ofhis duties but such compensation shall not exceed ten thousand dollars in

a fiscal year. Each hearings board member shall receive**reim?urse~ent.for** 

### travel expenses incurred in the discharge of hIS duties 1D 

### accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. [1975-'76 2nd ex.s. c 34 

### § 101; 1970 ex.s. c 62 

### § 35.]
EffectIve date-Severability-197S·'76 2nd u.s. e 34: See notes following RCW 2.08.115.



### RCW 43.21B.06O Restrictions upon conduct while member and upon termination of membership. Each memberof the hearings board: (I) 

### Shall not be a candidate for nor hold any other public office or trust, and shall not engage in any occupation or business interfering with or inconsistent with his duty as a member ofthe hearings**bo~,** 

### nor shall he serve 

### onor under any committee ofany 

### political party; and (2) shall not for a period ofone year after the termination ofhis membership on the hearings

-- board, act in a representative capacity before the hearings( \ board on any matter. [1970 

### ex.s. c 62 

### § 36.] 

### j

RCW 43.218.080 Chairman, biennial election of. The hearings board shall as soon as practicable after the initial appointment of the members thereof, meet and elect from among its members a chairman. and shall at least biennially thereafter meet and elect such a chairman, 

### (1970

ex.s. 

### c 62 § 

### 38.]

RCW 43.21B.090 Prlnclpal office-QuofumHearings-Board powers and duties. The

### principal office**o~** 

### the hearings**~ard** 

### shall 

### beat the 

### state capitol. but it may SIt or hold hearings at any other place in the state. A majority ofthe hearings board shall constitute a quorum for making orders or decisions, promulgating rules and regulanons necessary for the conduct ofits powers and duties. or transacting other official business, and may act though one position ofthe hearings board be vacant. One or more members may hold hearings and take testimony to be reported for action by 

### the hearings board when authorized 

### by rule 

### ororder ofthe 

### hearings board. Thebearings 

### board shall perform 

### all the powers and duties specified in this 

### chapter or


### as otherwise provided by law. (1990

### c 65 § 

### 2; '1974 

### ex.s, c 69 

### § 

### I; 1970 

### ex.s. c 62 § 

### 39.]

RCW 43.218.100 Board to make 

### flndings offact 

### and written decisions on each 

### caseconsldered-EffectiverOupon signing and flllng-Publlc information. The hearings board shall make findings offact and prepare a 

### written decision in each

### casedecided by

### it.and such 

### findings

(1994)Environmental Hearings Omce-Pollutlon Control Hearings Board 

# •

•

• and decisions shall be effective upon being signed by two or more members ofthe hearings board and upon being filed at the hearings board's principal office. and shall be open for public inspection at all reasonable times. [1970

### ex.s, c 62 

### § 40.)

RCW 43.21B.110 Pollution control hearings board jurisdiction. (1) The hearings board 

### shall only have jurisdiction to hear and decide appeals from the following decisions ofthe department. the director. the administrator of the office of marine safety. and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW. or local health departments: (a) Civil penalties imposed pursuant to RCW 18.104.155,70.94.431.70.105.080.70.107.050.88.46.090, 90.03.600,90.48.144,90.56.310. and 90.56.330. (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.I90. 70.94.211, 70.94.332. 70.105.095, 86.16.020.88.46.070.90.14.130. and 90.48.120. (c) The issuance. modification, or termination ofany permit. certificate, or license by the department or any air authority in the exercise ofits jurisdiction. including the issuance or termination ofa waste disposal permit. the denial ofan application for a waste disposal permit. or the modification ofthe conditions or the terms of a waste disposal permit. (d) Decisions oflocal health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.

. (e) Decisions oflocal health departments regarding the issuance and enforcement ofpermits to use or dispose of biosolids under RCW 70.95J.080.

. (f) Any other decision by the department. the administrator ofthe office of marine safety. or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW. (2) The following hearings shall not 

### beconducted by the hearings board: (a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW. (b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390. 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180. (c) Proceedings by the department relating to general adjudications ofwater rights pursuant to chapter 90.03 or 90.44 RCW. (d) Hearings conducted by the department to adopt. modify, orrepeal rules. (3) Review ofrules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions ofthe Administrative Procedure Act, chapter 34.05 RCW. [1993 c 387 

### § 22. Priori. 1992 c 174 

### § 13; 1992 c 73 

### § 1; 1989 

### c 175 

### § 102; 1987 c 109 

### § 10; 1970



### ex.s. c 62 

### § 41.]
Effective date-I993 c 387: See RCW 18.104.930. Effective dates--Severability-I991 e 73: See RCW 82.238.902 and 90.56.905. Eaectlve date-l989 c 175: See notefollowing RCW34.05.010. Purpose-5hortt1tle-Coostructioo-Rules-SeverabllltyCaptlons--l987 e 109: See IlOCCS following RCW 43.218.001.

(1994) 43.11B.l00

Order for cOplpliQllct with oil spill coruingtncy orpreventio« plan not subjtClIO by**~lIIiOft** COIIITOIhtaringsboard: RCW S(l

•.s6.270.

RCW 43.218.130 Administrative procedure act 

### to apply to appeal orboard rules and regulatlons-Scope

## or board action on decisions and orders or others. The administrative procedure act, chapter 34.05 RCW. shall apply to the appeal ofrules and regulations adopted by the board to the same extent as it applied to the review of rules and regulations adopted by the directors and/or boards or commissions of the various departments whose powers. duties and functions were transferred by section 6. chapter 62, Laws of 1970 

### ex. sess. to the department. All other decisions and orders ofthe director and all decisions ofair pollution control boards or authorities established pursuant to chapter 70.94 RCW shall be subject to review by the hearings board as provided in this chapter. [1990 

### c6S § 3; 1970 

### ex.s, c 62 

### § 43.]

RCW 43.11B.140 Formal or 

### informal bearing, election orparty taking appeal-Exception. 

### In all appeals over which the hearings board hasjurisdiction, a party taking an appeal may elect either a formal or an informal hearing. such election to be made according to rules of practice and procedure to be promulgated by the hearings board: PROVIDED, That nothing herein shall be construed to modify the provisions ofRCW 43.218.190 and *43.218.200. 

### In the event that appeals aretaken from the same decision, order,

or determination, as the 

### casemay be. by different parties.and only one of such parties elects a formal hearing, a formal hearing shall be granted. [1987 c 109 

### § 30; 1970 ex.s. c:62 

### § 44.]
-Reviser's note: RCW 43.218.200 was repealedby 1987 c 109 § 159. Purpose-5borttltle-Coostructioo-Rules-5everabI1ItyCaptions-l987 e 109: See notes following RCW 43.218.001. "

RCW 

### 43.218.150 

### Informal bearings-Generally: In all appeals involving an informal hearing, the hearings 

### board shall have all powers relating to the administration ofoaths, issuance ofsubpoenas, and taking ofdepositions as are granted to agencies by chapter 34.05 RCW. 

### In the 

### caseof appeals within the jurisdiction ofthe hearings board, tbe hearings board or any member thereofmay obtain such assistance, including 

### themaking offield investigations, from the staffofthe director 

### as the hearings 

### board or any member thereofmay deem necessary or appropriate: PROVIDED, That any communication, oral or written, from the staffof the director to the hearings board shall be presented only in an open hearing. [1990 C65 

### § 4; 1974 ex.s. c 69 

### § 2; 1970 ex.s. c 62 

### § 45.]

RCW 43.218.160 Formal 

### hearings-Generally. In all appeals involving a formal hearing, the hearings board shall have all powers relating to administration ofoaths, issuance ofsubpoenas, and taking ofdepositions as are granted to agencies.in chapter 34.05 RCW, 

### the Administrative Procedure Act. 

### The hearings board, and each member thereof, shall be subject to all duties imposed upon. and shall have all powers grantedto, an agency by those provisions of chapter

### 34.05RCWrelating to adjudicative proceedings. 

### In

[eb. 43.118-;1. 3)

### 43.218.160 Environmental Hearings Omce-Pollutlon Control Hearings 

### Board

the case ofappeals within thejurisdiction ofthe hearings board. the hearings board. or any member thereof. may obtain such assistance. including the making offield investigations. from the staffof the director as the hearings board. or any member thereof. may deem necessary or appropriate. Any communication. oral or written. from the staffofthe director to the hearings board shall bepresented only in an open hearing. [1990 c 65 § 5; 1989 c 175 § 103; 

### 1974 ex.s.

c 

### 69 § 

### 3; 1970 ex.s, 

### c 62 § 46.)
Effective date-1989 c 175: See notefollowing RCW 34.05.010.



### RCW 43.218.170 Proceedings conducted 

### in 

### aceordance with published board rules and regulations. All proceedings. including both formal and informal hearings. before the hearings board or any of its members shall be conducted in accordance with such rules ofpractice and procedure as the hearings board may prescribe. The hearings board shall publish such rules and arrange for the reasonable distribution thereof. [1970 ex.s, c 62 § 

### 47.]

RCW 43.218.180 Judicial review-Director's right oC

### review or decisions pursuant to RCW 43.218.110. Judicial review ofa decision ofthe hearings board may be 

### obtained only pursuant to RCW 34.05.510 through 34.05.598. The director shall have the same right ofreview from a decision made pursuant to RCW 43.2IB.IIO as does any person. [1994 c 253 § 6; 1989 c 175 § 104; 1970 

### ex.s.


### c 62 § 

### 48.]
Effective date-1989 c 175: See note followingRCW 34.05.010.



### RCW 43.21B.190 Judicial review-Appeal Crom board's order-Procedure-Appellate review-When bonds required. Within thirty 

### days after the final decision. and order ofthe hearings board upon such an appeal has been communicated to the interested parties, such interested party aggrieved by the decision and order ofthe hearings board may appeal to the superior court. In all appeals involving a decision or an order ofthe hearings board after an informal hearing, the 

### petition shall be 

### filed in the superior
court for the county ofthe petitioner's residence or principal place ofbusiness, or in tbe absence ofa residence or principal place ofbusiness, for Thurston county. Such appeal may be perfected by filing with the clerk ofthe superior court a notice ofappeal, and by serving a copy thereofby mail, or personally on tbe director, the air pollution control boards or authorities. established pursuant to chapter 70.94 RCW or on the board as the case may be. 

### The hearings board shall serve upon the 

### appealing party, the director, the air pollution control board or authorities established pursuant to chapter 70.94 RCW, or the board, as the

case may be. and on any other party appearing at the hearings board's proceeding, and file with the clerk ofthe
court before trial, a certified copy ofthehearings board's decision and order. Appellate review ofa decision ofthe superior court may be sought as in other civil cases. No bond shall be 

### required on appeals to the 

### superiorcourtor on review by the supreme court unless specifically required by thejudge ofthe superiorcourt. [1994 c 253 § 7; 1988 c 202 § 43; 1970 ex.s. c .62 § 49.} Severability-l988 e 202: See note following RCW2.24.050.

[Cb. 43.21B-1J. 4] 

### RCW 43.218.230 Appeals 

### 01 agency actions. Any person having received notice ofa denial ofa petition. ao notice ofdetermination, notice ofor an order made by the department may appeal. within thirty days from the date of the notice of such denial. order. or determination to the hearings board. The appeal shall be 

### perfected by serving a copy ofthe notice ofappeal upon the department or air pollution authority established pursuant to chapter 70.94 RCW. as the case may be. within the time specified herein and by filing the original thereof with proofof service with the clerk ofthe hearings board. [1994 c 253 § 

### 8; 1990 c 65 § 6; 1970 

### ex.s.c 62 § 53.]

RCW 43.218.240 Department-Air authoritiesAdjudicative proceedings, may not Conduct. The department and air authorities shall not have authority to hold adjudicative proceedings pursuant to the Administrative Procedure Act. chapter 34.05 RCW. Such hearings shall 

### be held by the pollution control hearings board. (1989 c 175 § 

### 105; 1987 c 109 § 

### 9; 1970 ex.s. c 62 § 54.]
Effective date-1989 c 175: See notefollowing RCW 34.05.010. Purpose-Sborttitie-Consttuction-Ruies-SeverabllltyCaptlons-l987 c 109: See notes followingRCW43.218.001.



### RCW 43.218.250 Challenges 

### toconsistency 

### 01rules adopted pursuant to RCW 43.21C.UO and 43.21C.I20- Procedure-Finality. (I) 

### All challenges in regard to the consistency ofthe rules adopted pursuant to RCW 43.21C.120 and with the rules and guidelines adopted pursuant to RCW 43.21C.110 shall be 

### initiated by filing aC' petition for review with thepollution control hearings board _! 

### in accordance with rules of practice and procedures promulgated by the hearings board. (2) All challenges to the hearings board provided under this section shall 

### bedecided on the basis ofconformance of rules, with the applicable rules and guidelines adopted pursuant to RCW 43.21C.IIO. The board may in its discretion require briefs. testimony, and oral arguments. (3) The 

### decisions ofthe hearings board authorized under this section shall be 

### final. [1974 ex.s. c 179 § 

### 9.) Purpose-l974 u.s. c 179: See notefollowing RCW43.21C.080. SeverabDlty-1974 ex.s.e 179: See RCW43.21C.910.



### RCW 43.218.260 Regulations and amendments of activated air pollution control authorities-Filing with hearings board authorized-Evidence. Activated air pollution control authorities, established under chapter 70.94 RCW, may file certified copies oftheir regulations and amendments thereto with the pollution control hearings 

### board ofthestate ofWashington. and the hearings

### boardshalltake judicial note ofthe copies so filed and the said regulations and amendments shall 

### bereceived and admitted, by reference, in all bearings before the board, as prima facie evidence that such regulations and amendments on file are in full force and effect. [1974 ex.s, c 69 § 5.]

RCW 43.218.300 Penalty procedures. (I) 

### Any civil

# 0

penalty provided 

### in RCW 18.104.155, 70.94.431, 70.105.080,

. 70.107.050,88.46.090,90.03.600,90.48.144,90.56.310, and 90.56.330 shall be 

### imposed by a notice in writing, eitherby certified mail with return receipt requested or by personal

(1994)Environmental Hearings Omce-pollutlon Control Hearings 

### Board 

# •

•

• Q

service. to the person incurring the penalty from the department. the administrator ofthe office ofmarine safety. or the local air authority. describing the violation with reasonable particularity. Within fifteen days after the notice is received. the person incurring the penalty may apply in writing to the department. the administrator. or the authority for the remission or mitigation ofthe penalty. Upon receipt ofthe application. the department, the administrator. or authority may remit or mitigate the penalty upon whatever terms the department. the administrator. or the authority in its discretion deems proper. The department or the authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration ofextraordinary circumstances such as the presence ofinformation or factors not considered in setting the original penalty. (2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on 

### thedepartment. the administrator, or authority thirty days after receipt by the person penalized ofthe notice imposing the penalty or thirty days after receipt ofthe notice ofdisposition of the application for relieffrom penalty. (3) A penalty shall become due and payable on 

### thelater of: (a) Thirty days after receipt ofthe notice imposing the penalty; (b) Thirty days after receipt ofthe notice ofdisposition

on application for relieffrom penalty, if such an application is made; or (c) Thirty days after receipt ofthe notice ofdecision of the hearings board if the penalty is appealed. (4) 

### Ifthe amount of any penalty is not paid to the department or the administrator within thirty days after it becomes due and payable. the attorney general, upon request ofthe department or the administrator. shall bring an action in the name of the state ofWashington in the superior court ofThurston county, or ofany county in which the violator does business. to recover the penalty. 

### Ifthe amount ofthe penalty is not paid to the authority within thirty days after it becomes due and payable. the authority may bring an action
to recover the penalty in the superior court ofthe county of the authority's main office or ofany county in which the violatordoes business. 

### In these actions, the procedures and rules ofevidence shall be the same as in an ordinary civil action. (5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155. which shall be credited to the reclamation account as provided in RCW 18.104.155(7). RCW 70.94.431. the disposition ofwhich shall be governed by that provision, RCW 70.105.080. which shall be credited to the hazardous waste control and elimination account, created by RCW 70.105.180. and RCW 90.56.330. which shall be credited to the coastal protection fund created by RCW 90.48.390. [1993 c 387 

### § 23; 1992 c 73 

### § 2; 1987 c 109 

### § 5.]**~ec:tlve** date-I993 e387: See RCW 18.104.930. Efl'edlve dates-Senrability-lm e 73: See RCW 82.238.902 and 9O.S6.90S.

(1994) 43.21B.300

Purpose-5horttltle-Constructlon-Rules-5nerabllltyCapllons-1987 e 109: See notes(ollowing RCW43.2t8.001.

RCW 43.21B.305 Appeals involving 

### penalties olOve thousand dollars or less. In an appeal that involves 

### a penalty of five thousand dollars or less, the appeal may be heard by one member ofthe board. whose decision shall be the final decision of the board. The board shall define by rule alternative procedures to expedite small appeals. These alternatives may include: Mediation. upon agreement ofall parties; submission oftestimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals. [1994 c 253 

### § 5.]

RCW 43.21B.310 Appeal 

### 01 orders, permits, and licenses. 

### (I) Any order issued by the department. the administrator of the office of marine safety. or authority pursuant to RCW 70.94.211, 70.94.332. 70.105.095, 43.27A.190, 86.16.020, 88.46.070, or 90.48.120(2) or any provision enacted after July 26. 1987. or any permit. certificate. or license issued by the department may be appealed 

### to the pollution control hearings board if the appeal is filed with the board and served on the department or authority within thirty days after receipt ofthe order. Except as provided under chapter 70.105D RCW, this is 

### theexclusive

means ofappeal ofsuch an order. (2) The department. the administrator, or the authority in its discretion may stay 

### theeffectiveness ofan order during the pendency ofsuch an appeal. (3) At any time during the pendency ofan appeal of such an order to the board. the appellant may apply pursuant to RCW 43.218.320 to the hearings board for a stay ofthe order or for the removal thereof.

., (4) Any appeal must contain the following in accordance with the rules ofthe hearings board: (a) The appellant's name and address; (b) The date and docket number ofthe order. permit, or license appealed; .', (c) A description ofthe substance ofthe order. permit.

or license that is the subject ofthe appeal; (d) A clear. separate. and concise statement ofevery

error alleged to have been committed; (e) A clear and concise statement of facts upon which the requester relies to sustain his or her statements oferror; and (f) A statement setting forth the reliefsought. (5) Upon failure to comply with any final order ofthe department or the administrator, the attorney general. on request ofthe department or the administrator. may bring an action in the superior court of

### thecounty where 

### the violation occurred or the potential violation is about 

### to occur to obtain such reliefas necessary. including injunctive relief. to insure compliance with the order. The 

### air authorities may bring similar actions 

### to enforce their orders. (6) An appealable decision or order shall be identified

as such and shall contain a conspicuous notice to the recipient that it may be appealed only by filing an appeal with the hearings board and serving it on the department within thirty days ofreceipt. [1992 c 73 

### § 3; 1989 c 2 

### § 14 (Initiative Measure No. 97. approved November 8. 1988); (1987 3rd ex.s. c 2 

### § 49 repealed by 1989 c 2 

### § 24, effective March 1. 1989); 1987 c 109 

### § 6.] (eb. 43.21B-p. 5]

### 43.118.310 Environmental Hearings Omce-Pollutlon Con.trol Hearings Board

Enectlve dlltes-Severablllty-I991 c 73: See RCW 82.238.902 and 9O.56.9OS. Short tltle-Construcllon--ExlstlnglIgrtements-ElJectlve dateSe\'erabllity-1989 c 2: SeeRCW 70.1050.900and 70.1050.910through 70.1050.921, respectively.**Purpose-Shorllitie-Construction-Ruies-Severabllil~'­** ClIplions-1987 c 109: See notes following RCW 43.:!IB.001.



### RCW 43.218.320 Stays of orders. (1) 

### A person appealing to the hearings board an order ofthe department or an authority, not stayed by the issuing agency, may obtain a stay ofthe effectiveness ofthat order only as set forth in this section. (2) An appealing party may request a stay by including such a request in the appeal document, in a subsequent motion, or by such other means as the rules ofthe hearings board shall prescribe. The request must be accompanied by

a statement ofgrounds for the stay and 

### evidence setting forth the factual basis upon which request is based. The hearings board shall hear the request for a stay as soon as possible. The hearing on the request for stay may be consolidated with 

### . the hearing on the merits. (3) The applicant may make a prima facie case for stay if the applicant demonstrates either a likelihood of success on the merits ofthe appeal or irreparable harm. Upon such

a showing. the hearings board shall grant the stay unless the department or authority demonstrates either (a) a substantial probability ofsuccess on the merits or (b) likelihood of

success on the merits and an overriding public interest which justifies denial ofthe stay. (4) Unless otherwise stipulated by the parties, the hearings board, after granting or denying an application for a stay, shall expedite the hearing and decision on the merits. (5) Any party or otherperson aggrieved by the grant or denial of a stay by the hearings board may petition the superior court for Thurston county for review ofthat decision pursuant to chapter 34.05 RCW pending the appeal

on the merits before the board. The superior court shall expedite its review ofthe decision of the hearings board. [1987 

### c 109 § 7.) Purpose-Shortt1tle-Constructloo-Rules-SeverabilityCaptlons-1987 c 109: See DOtesfollowingRCW 43.218.001.



### RCW 43.218.330 Summary procedures. The hearings board shall develop procedures for summary procedures, consistent with the rules of civil procedure for superior court on summaryjudgment, to decide cases before it. Such procedures may include provisions for determinations without an oral hearing or hearing by telephonic means. [1987 

### c 109.§ 8.) Purpose-Shortt1t1e-Constructioo-Rules-SeverabilityCaptlons-l987 c 109: See DOleS followingRCW 43.218.001.



### RCW 43.218.900 Savings-Other powers and duties not affected-Permits, standards not affectedSeverability-Effective date-1970 ex.s, 

### c 62. See notes following RCW 43.2IA.01O.

[0. 43.21B-p. 6] (1994)

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