reglab/housing_qa huggingface dataset:
WA Rev Code § 90.56.270 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.270 - Enforcement of contingency plans.

RCW 90.56.270 Enforcement of contingency plans.(1) The provisions of contingency plans approved by the department under RCW 90.56.210 and prevention plans approved by the department pursuant to RCW 90.56.200 shall be legally binding on those persons submitting them to the department and on their successors, assigns, agents, and employees. The superior court shall have jurisdiction to restrain a violation of, compel specific performance of, or otherwise to enforce such plans upon application by the department. The department may issue an order pursuant to chapter 34.05 RCW requiring compliance with a contingency plan or a prevention plan and may impose administrative penalties under RCW 43.21B.300 for failure to comply with a plan. An order under this section is not subject to review by the pollution control hearings board as provided in RCW 43.21B.110.(2)(a) Any person responsible or potentially responsible for a discharge, all of the agents and employees of that person, the operators of all vessels docked at an onshore or offshore facility that is a source of a discharge, and all state and local agencies shall carry out response and cleanup operations in accordance with applicable contingency plans, unless directed otherwise by the director or the coast guard. Except as provided in (b) of this subsection, the responsible party, potentially responsible parties, their agents and employees, the operators of all vessels docked at an onshore or offshore facility that is the source of the discharge, and all state and local agencies shall carry out whatever direction is given by the director in connection with the response, containment, and cleanup of the spill, if the directions are not in direct conflict with the directions of the coast guard.(b) If a responsible party or potentially responsible party reasonably, and in good faith, believes that the directions or orders given by the director pursuant to (a) of this subsection will substantially endanger the public safety or the environment, the party may refuse to act in compliance with the orders or directions of the director. The responsible party or potentially responsible party shall state, at the time of the refusal, the reasons why the party refuses to follow the orders or directions of the director. The responsible party or potentially responsible party shall give the director written notice of the reasons for the refusal within forty-eight hours of refusing to follow the orders or directions of the director. In any civil or criminal proceeding commenced pursuant to this section, the burden of proof shall be on the responsible party or potentially responsible party to demonstrate, by clear and convincing evidence, why the refusal to follow the orders or directions of the director was justified under the circumstances.[ 1991 c 200 § 206; 1990 c 116 § 7. Formerly RCW 90.48.375.]NOTES:Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
WA Rev Code § 90.56.275 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.275 - Joint large-scale, multiple plan equipment deployment drills of onshore and offshore facilities and covered vessels—Requirements.

RCW 90.56.275 Joint large-scale, multiple plan equipment deployment drills of onshore and offshore facilities and covered vessels—Requirements.(1) The department is responsible for requiring joint large-scale, multiple plan equipment deployment drills of onshore and offshore facilities and covered vessels under chapter 88.46 RCW to determine the adequacy of the owner's or operator's compliance with the contingency plan requirements of this chapter and chapter 88.46 RCW. The department must order at least one drill as outlined in this section every three years, which must address situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water.(2) Drills required under this section must focus on, at a minimum, the following:(a) The functional ability for multiple contingency plans to be simultaneously activated with the purpose of testing the ability for dedicated equipment and trained personnel cited in multiple contingency plans to be activated in a large-scale spill; and(b) The operational readiness during both the first six hours of a spill and, at the department's discretion, over multiple operational periods of response.(3) Drills required under this section may be incorporated into other drill requirements under this chapter to avoid increasing the number of drills and equipment deployments otherwise required.(4) Each successful drill conducted under this section may be considered by the department as a drill of the underlying contingency plan and credit may be awarded to the plan holder accordingly.(5) The department must prioritize drills for situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water.[ 2018 c 262 § 305.]NOTES:Findings—Intent—Report—2018 c 262: See notes following RCW 82.23B.010.
WA Rev Code § 90.56.280 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.280 - Duty to notify coast guard and division of emergency management of discharge.

RCW 90.56.280 Duty to notify coast guard and division of emergency management of discharge.It shall be the duty of any person discharging oil or hazardous substances or otherwise causing, permitting, or allowing the same to enter the waters of the state, unless the discharge or entry was expressly authorized by the department prior thereto or authorized by operation of law under RCW 90.48.200, to immediately notify the coast guard and the division of emergency management. The notice to the division of emergency management within the *department of community, trade, and economic development shall be made to the division's twenty-four hour statewide toll-free number established for reporting emergencies.[ 1995 c 399 § 218; 1990 c 116 § 24; 1987 c 109 § 152; 1969 ex.s. c 133 § 9. Formerly RCW 90.48.360.]NOTES:*Reviser's note: The powers, duties, and functions of the department of community, trade, and economic development relating to emergency management were transferred to the state military department pursuant to 1995 c 391 § 10. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.Findings—Severability—1990 c 116: See notes following RCW 90.56.210.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.56.300 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.300 - Unlawful operation of facility—Criminal penalties.

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.
WA Rev Code § 90.56.310 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.310 - Operation of a facility or vessel without contingency or prevention plan or financial responsibility—Civil penalty.

RCW 90.56.310 Operation of a facility or vessel without contingency or prevention plan or financial responsibility—Civil penalty.(1) Except as provided in subsection (3) of this section, it shall be unlawful:(a) For the owner or operator to operate an onshore or offshore facility without an approved contingency plan as required under RCW 90.56.210, a spill prevention plan required by RCW 90.56.200, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990; or(b) For the owner or operator of an onshore or offshore facility to transfer cargo or passengers to or from a covered vessel that does not have an approved contingency plan or an approved prevention plan required under chapter 88.46 RCW or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.(2) The department may assess a civil penalty under RCW 43.21B.300 of up to one hundred thousand dollars against any person who is in violation of this section. Each day that a facility or person is in violation of this section shall be considered a separate violation.(3) It shall not be unlawful for a facility or other person to operate or accept cargo or passengers from a covered vessel if:(a) A contingency plan, a prevention plan, or financial responsibility is not required for the facility; or(b) A contingency and prevention plan has been submitted to the department as required by this chapter and rules adopted by the department and the department is reviewing the plan and has not denied approval.(4) Any person may rely on a copy of the statement issued by the department pursuant to *RCW 90.56.210(7) as evidence that the facility has an approved contingency plan and the statement issued pursuant to **RCW 90.56.200(4) as evidence that the facility has an approved spill prevention plan. Any person may rely on a copy of the statement issued by the ***office of marine safety, or its successor agency, the department, pursuant to RCW 88.46.060 as evidence that the vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 as evidence that the vessel has an approved prevention plan.[ 2000 c 69 § 34; 1992 c 73 § 35; 1991 c 200 § 302; 1990 c 116 § 9. Formerly RCW 90.48.377.]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).***(3) The office of marine safety was abolished and its powers, duties, and functions transferred to the department of ecology by 1991 c 200 § 430, effective July 1, 1997.Effective dates—1992 c 73: See RCW 82.23B.902.Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
WA Rev Code § 90.56.320 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.320 - Unlawful for oil to enter waters—Exceptions.

RCW 90.56.320 Unlawful for oil to enter waters—Exceptions.It shall be unlawful, except under the circumstances hereafter described in this section, for oil to enter the waters of the state from any ship or any fixed or mobile facility or installation located offshore or onshore whether publicly or privately operated, regardless of the cause of the entry or fault of the person having control over the oil, or regardless of whether it be the result of intentional or negligent conduct, accident or other cause. This section shall not apply to discharges of oil in the following circumstances:(1) The person discharging was expressly authorized to do so by the department prior to the entry of the oil into state waters; or(2) The person discharging was authorized to do so by operation of law as provided in RCW 90.48.200.[ 1990 c 116 § 17; 1987 c 109 § 146; 1970 ex.s. c 88 § 2; 1969 ex.s. c 133 § 1. Formerly RCW 90.48.320.]NOTES:Findings—Severability—1990 c 116: See notes following RCW 90.56.210.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.56.330 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.330 - Additional penalties.

RCW 90.56.330 Additional penalties.(1) Except as otherwise provided in RCW 90.56.390, any person who negligently discharges oil, or causes or permits the entry of the same, shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to one hundred thousand dollars for every such violation, and for each day the spill poses risks to the environment as determined by the director. Any person who intentionally or recklessly discharges or causes or permits the entry of oil into the waters of the state shall incur, in addition to any other penalty authorized by law, a penalty of up to five hundred thousand dollars for every such violation and for each day the spill poses risks to the environment as determined by the director. The amount of the penalty shall be determined by the director after taking into consideration the size of the business of the violator, the gravity of the violation, the previous record of the violator in complying, or failing to comply, with the provisions of chapter 90.48 RCW, the speed and thoroughness of the collection and removal of the oil, and such other considerations as the director deems appropriate. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the penalty herein provided for. The penalty provided for in this section shall be imposed pursuant to RCW 43.21B.300.(2) The director may impose the penalty authorized under subsection (1) of this section, in addition to any other assessment for damages the director is authorized to impose pursuant to law, if the discharge of oil is at an energy facility regulated by the energy facility site evaluation council.(3) Any penalty recovered pursuant to this section shall be credited to the coastal protection fund created in RCW 90.48.390.[ 2015 3rd sp.s. c 39 § 4; 2007 c 347 § 3; 1992 c 73 § 36; 1990 c 116 § 20; 1989 c 388 § 9; 1987 c 109 § 20; 1985 c 316 § 7; 1970 ex.s. c 88 § 9; 1969 ex.s. c 133 § 7. Formerly RCW 90.48.350.]NOTES:Findings—Intent—2015 3rd sp.s. c 39: See note following RCW 80.50.150.Effective dates—1992 c 73: See RCW 82.23B.902.Findings—Severability—1990 c 116: See notes following RCW 90.56.210.Intent—Application—Captions—Severability—1989 c 388: See notes following RCW 90.56.010.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.56.340 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.340 - Duty to remove oil.

RCW 90.56.340 Duty to remove oil.It shall be the obligation of any person owning or having control over oil entering waters of the state in violation of RCW 90.56.320 to immediately collect and remove the same. If it is not feasible to collect and remove, said person shall take all practicable actions to contain, treat and disperse the same. The director shall prohibit or restrict the use of any chemicals or other dispersant or treatment materials proposed for use under this section whenever it appears to the director that use thereof would be detrimental to the public interest.[ 1991 c 200 § 303; 1970 ex.s. c 88 § 3; 1969 ex.s. c 133 § 2. Formerly RCW 90.48.325.]
WA Rev Code § 90.56.350 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.350 - Investigation, removal, containment, treatment, or dispersal of oil and hazardous substances—Record of expenses.

RCW 90.56.350 Investigation, removal, containment, treatment, or dispersal of oil and hazardous substances—Record of expenses.The department shall take all actions necessary to respond to a substantial threat of a discharge of oil or hazardous substances into the waters of this state or to collect, investigate, perform surveillance over, remove, contain, treat, or disperse oil or hazardous substances discharged into waters of the state. The department shall keep a record of all necessary expenses incurred in carrying out any project or activity authorized under this section, including a reasonable charge for the services performed by the state's personnel and the state's equipment and materials utilized. The authority granted hereunder shall be limited to projects and activities which are designed to protect the public interest or public property. The department may use staff, equipment, and material under its control, or contract with others, to carry out its responsibilities under this section.[ 1990 c 116 § 21; 1987 c 109 § 147; 1970 ex.s. c 88 § 4; 1969 ex.s. c 133 § 3. Formerly RCW 90.48.330.]NOTES:Findings—Severability—1990 c 116: See notes following RCW 90.56.210.Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
WA Rev Code § 90.56.360 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.360 - Liability for expenses.

RCW 90.56.360 Liability for expenses.Any person who unlawfully discharges oil or hazardous substances into the waters of the state or who poses a substantial threat of discharging oil or hazardous substances into the waters of the state shall be responsible for the necessary expenses incurred by the state in carrying out a project or activity authorized under RCW 90.56.350.[ 1990 c 116 § 22; 1970 ex.s. c 88 § 5; 1969 ex.s. c 133 § 4. Formerly RCW 90.48.335.]NOTES:Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
WA Rev Code § 90.56.370 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.370 - Strict liability of owner or controller of oil—Damages—Exceptions.

RCW 90.56.370 Strict liability of owner or controller of oil—Damages—Exceptions.(1) Any person owning oil or having control over oil that enters the waters of the state in violation of RCW 90.56.320 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry.(2) Damages for which responsible parties are liable under this section include loss of income, net revenue, the means of producing income or revenue, or an economic benefit resulting from an injury to or loss of real or personal property or natural resources.(3) Damages for which responsible parties are liable under this section include damages provided in subsections (1) and (2) of this section resulting from the use and deployment of chemical dispersants or from in situ burning in response to a violation of RCW 90.56.320.(4) In any action to recover damages resulting from the discharge of oil in violation of RCW 90.56.320, the owner or person having control over the oil shall be relieved from strict liability, without regard to fault, if that person can prove that the discharge was caused solely by:(a) An act of war or sabotage;(b) An act of God;(c) Negligence on the part of the United States government; or(d) Negligence on the part of the state of Washington.(5) The liability established in this section shall in no way affect the rights which: (a) The owner or other person having control over the oil may have against any person whose acts may in any way have caused or contributed to the discharge of oil, or (b) the state of Washington may have against any person whose actions may have caused or contributed to the discharge of oil.[ 2011 c 122 § 10; 2000 c 69 § 21; 1990 c 116 § 18; 1970 ex.s. c 88 § 6. Formerly RCW 90.48.336.]NOTES:Prospective application—1990 c 116 § 18(2): "The section 18(2), chapter 116, Laws of 1990 changes requiring the defenses in that subsection to be the sole causes of the discharge, and the text of section 18(2)(b), chapter 116, Laws of 1990 shall apply prospectively and not retroactively after June 7, 1990." [ 2000 c 69 § 26.]Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
WA Rev Code § 90.56.380 (2021)
2021 Revised Code of Washington|Title 90 - Water Rights—Environment|Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response.|90.56.380 - Liability of others for cleanup expenses.

RCW 90.56.380 Liability of others for cleanup expenses.In addition to any cause of action the state may have to recover necessary expenses for the cleanup of oil pursuant to RCW 90.56.340 and 90.56.330, and except as otherwise provided in RCW 90.56.390, any other person causing the entry of oil shall be directly liable to the state for the necessary expenses of oil cleanup arising from such entry and the state shall have a cause of action to recover from any or all of said persons. Except as otherwise provided in RCW 90.56.390, any person liable for cost of oil cleanup as provided in RCW 90.56.340 and 90.56.330 shall have a cause of action to recover for costs of cleanup from any other person causing the entry of oil into the waters of the state including any amount recoverable by the state as necessary expenses under RCW 90.56.330.[ 1992 c 73 § 37; 1990 c 116 § 19; 1970 ex.s. c 88 § 7. Formerly RCW 90.48.338.]NOTES:Effective dates—1992 c 73: See RCW 82.23B.902.Findings—Severability—1990 c 116: See notes following RCW 90.56.210.