reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.020 - Improvement commission—Appointment—Oath.

RCW 88.32.020
Improvement commission—Appointment—Oath.
Whenever the board of county commissioners of any such county shall have adjudged as provided in RCW 88.32.010, said board shall thereupon apply to the person, who, for the time being, shall be judge of the United States district court, for the district within which the county shall be situated, to name eleven reputable citizens and freeholders of such county and file a list thereof with said board of county commissioners. The persons so named, or a majority of them, shall act as a commission, and be known as the "river and harbor improvement commission of . . . . . . county", and shall receive no compensation, except their actual necessary expenses, including necessary clerical assistance, to be audited by the board of county commissioners; and they shall be deemed the agents of the county in the performance of the duties imposed upon them by RCW 88.32.010 through 88.32.220. Each member of such commission shall, before entering upon his or her duties, take and subscribe an oath, substantially as follows:
"State of Washington

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
ss.
County of . . . .
I, the undersigned, a member of the river and harbor improvement commission of . . . . . . county, to define and establish the assessment district and assess the costs of the following improvement (here give the general description of the improvement), do solemnly swear (or affirm, as the case may be), that I will well and truly discharge my duties as a member of said commission." In case the person who is United States judge shall be unable or decline to act, the board of county commissioners shall name the eleven persons to act as such commission.
[ 2013 c 23 § 537; 1907 c 236 § 2; RRS § 9670.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.030 - Improvement commission—Notification of appointment—Organization.

RCW 88.32.030
Improvement commission—Notification of appointment—Organization.
The board of county commissioners of the county, or of the oldest county in case of counties joining, shall cause the persons named for the commission to be notified of their appointment in a notice that shall name all such persons and shall designate the time and place of the first meeting of the commission. The commission, having come together pursuant to such notice, and its members having taken the oath hereinbefore prescribed, shall have full powers to organize and proceed with its business as a deliberative body.
[ 1907 c 236 § 18; RRS § 9686.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.040 - Establishment of assessment district—Assessments—State lands.

RCW 88.32.040
Establishment of assessment district—Assessments—State lands.
It shall be the duty of such commission to define and establish an assessment district, within such county, comprising all the taxable real property, and also (with the limitations hereinafter expressed) the state shorelands, which shall be specially benefited by said river, lake, canal, or harbor improvement, and to apportion and assess the amount of separate, special, and particular benefits against each lot, block, parcel, or tract of land or shoreland within such district, by reason of such improvement. The commission in making the assessment shall include in the properties upon which the assessment is laid, all shorelands of the state, whether unsold or under contract of sale and subject to sale by it and as against all purchasers from the state or under contract to purchase such lands, the assessment shall be a charge upon such land and the purchaser's interest therein. The county auditor shall certify to the state commissioner of public lands a schedule of the state shorelands so assessed and of the assessment thereon, and the purchaser shall from time to time pay to the proper county treasurer the sums due and unpaid under such assessment, and at the time of such payment the county treasurer shall give him or her, in addition to a regular receipt for such payment, a certificate that such payment has been made, which certificate the purchaser shall immediately file with the commissioner of public lands, and no patent from the state nor deed shall issue to such purchaser, nor shall any assignment of his or her contract to purchase be approved by the commissioner of public lands until every matured installment of such assessment shall have first been fully paid and satisfied: PROVIDED, HOWEVER, That no such assessment shall create any charge against such shoreland or affect the title thereof as against the state, and the state shall be as free to forfeit or annul such contract and again sell such land as if the assessment had never been made, and in case of such forfeiture or annulment the state shall be free to sell again such land entirely disembarrassed and unencumbered of all right and claim of such former purchaser, and such purchaser shall have no right, interest, or claim upon or against such land or the state or such new purchaser or at all, but every such sum paid by such former purchaser upon such assessment shall be utterly forfeited as against him or her, his or her personal representatives and assigns, and shall inure to the benefit of such new purchaser.
[ 2013 c 23 § 538; 1907 c 236 § 3; RRS § 9671. Formerly RCW 88.32.040 and 88.32.050.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.060 - Assessment roll.

RCW 88.32.060
Assessment roll.
Such commission shall also make, or cause to be made, an assessment roll, in which shall appear the names of the owners of the property assessed, so far as known, the description of each lot, block, parcel or tract of land within such assessment district, and the amount assessed against the same, as separate, special or particular benefits, and certify such assessment roll to the board of county commissioners, of such county, within ten weeks after their appointment, or within such further time as may be allowed by the board of county commissioners of such county.
[ 1907 c 236 § 4; RRS § 9672. Prior: 1905 c 104 § 1; 1903 c 143 § 21.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.070 - Hearing on roll—Date—Notice.

RCW 88.32.070
Hearing on roll—Date—Notice.
After the return of the assessment roll to the county legislative authority it shall make an order setting a day for the hearing upon any objections to the assessment roll by any parties affected thereby who shall be heard by the county legislative authority as a board of equalization, which date shall be at least twenty days after the filing of such roll. It shall be the duty of the county legislative authority to give, or cause to be given, notice of such assessment, and of the day fixed for the hearing, as follows:
(1) They shall send or cause to be sent, by mail, to each owner of premises assessed, whose name and place of residence is known to them, a notice, substantially in this form, to wit:
". . . .
"Your property (here describe the property) is assessed $. . . . . . for river and harbor improvement to be made in this county.
"Hearing on the assessment roll will be had before the undersigned, at the office of the county commissioners, on the . . . . day of . . . . . . (year) . . . .
. . . .
. . . .
. . . .
"Board of county commissioners."
But failure to send, or cause to be sent, such notice, shall not be fatal to the proceedings herein prescribed.
(2) They shall cause at least ten days' notice of the hearing to be given by posting notice in at least ten public places in the county, three of which shall be in the neighborhood of the proposed improvement, and by publishing the same at least once a week for two consecutive weeks in the official newspaper of the county which notice shall be signed by the county legislative authority, and shall state the day and place of the hearing of objections to the assessment roll, and the nature of the improvement, and that all interested parties will be heard as to any objections to said assessment roll.
[ 2016 c 202 § 51; 1985 c 469 § 95; 1907 c 236 § 5; RRS § 9673.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.080 - Hearing on roll—Objections—Certification for collection.

RCW 88.32.080
Hearing on roll—Objections—Certification for collection.
Any person interested in any real estate affected by such assessment may appear and file objections to the assessment roll, and the board of county commissioners may make an order regarding the time of filing such objections, as to them seems proper. As to all parcels, lots or blocks as to which no objections are filed within the time so fixed, the assessment thereon shall be confirmed. On the hearing, each party may offer proof and the board shall then have authority to affirm, modify, change and determine the assessment in such sum as to them appears just and right. When the assessment is finally equalized and fixed by the board of county commissioners, the clerk thereof shall certify the same to the county treasurer for collection, or if appeal has been taken from any part thereof, then so much thereof, as has not been appealed from, shall be certified.
[ 1907 c 236 § 6; RRS § 9674.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.090 - Appeal from final assessment.

RCW 88.32.090
Appeal from final assessment.
Any person who feels aggrieved by the final assessment made against any lot, block, or parcel of land owned by him or her may appeal therefrom to the superior court of such county. Such appeal shall be taken within the time, and substantially in the manner prescribed by the laws of this state for appeals from justice's courts. All notices of appeal shall be filed with the board of county commissioners, and served upon the prosecuting attorney of the county. The clerk of the board of county commissioners shall at appellant's expense certify to the superior court so much of the record, as appellant may request, and the cause shall be tried in the superior court de novo.
Any person aggrieved by any final order or judgment, made by the superior court concerning any assessment authorized by RCW 88.32.010 through 88.32.220, may seek appellate review of the order or judgment in accordance with the laws of this state relative to such review, except that review shall be sought within thirty days after the entry of such judgment.
[ 2013 c 23 § 539; 1988 c 202 § 90; 1971 c 81 § 175; 1907 c 236 § 7; RRS § 9675.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.100 - Lien of assessment—Collection—Payment—Interest.

RCW 88.32.100
Lien of assessment—Collection—Payment—Interest.
The final assessment shall be a lien, paramount to all other liens, except liens for taxes and other special assessments, upon the property assessed, from the time the assessment roll shall be approved by said board of county commissioners and placed in the hands of the county treasurer, as collector. After said roll shall have been delivered to the county treasurer for collection, he or she shall proceed to collect the same, in the manner as other taxes are collected: PROVIDED, That such treasurer shall give at least ten days' notice in the official newspaper (and shall mail a copy of such notice to the owner of the property assessed, when the post office address of such owner is known, but failure to mail such notice shall not be fatal when publication thereof is made), that such roll has been certified to him or her for collection, and that unless payment be made within thirty days from the date of such notice, that the sum charged against each lot or parcel of land shall be paid in not more than ten equal annual payments, with interest upon the whole sum so charged at a rate not to exceed seven percent per annum. Said interest shall be paid semiannually, and the county treasurer shall proceed to collect the amount due each year by the publication of notice as hereinabove provided.
[ 2013 c 23 § 540; 1907 c 236 § 8; RRS § 9676. Formerly RCW 88.32.100 and 88.32.110.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.130 - Local improvement fund—Disbursements.

RCW 88.32.130
Local improvement fund—Disbursements.
All moneys paid or collected on account of any assessments made pursuant to RCW 88.32.010 through 88.32.220, shall be kept by the county treasurer in the county depository separate and apart from the other funds of the county, in a fund to be established by the board of county commissioners and to be known as "Local Improvement Fund, District No. . . . . of . . . . . . County"; and said money shall at all times be subject to the order of the United States government engineer, having said river and harbor improvement in said county in charge, and the county treasurer shall pay said money out upon drafts, drawn upon said fund, for the cost of said improvement, by said United States government engineer. If such government engineer is unable or unauthorized to act in the premises, then the county treasurer shall pay out said money for the costs of said improvement, upon the order of the board of county commissioners.
[ 1907 c 236 § 9; RRS § 9677.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.160 - Bonds—Execution.

RCW 88.32.160
Bonds—Execution.
Each and every bond issued for any such improvement shall be signed by the chair of the county legislative authority and the county auditor, sealed with the corporate seal of the county, and attested by the county clerk. The bonds issued for each local improvement district shall be in the aggregate for such an amount as authorized by the resolution of the county legislative authority with reference to such river, lake, canal or harbor improvement, and each issue of such bonds shall be numbered consecutively, beginning with number 1.
[ 2013 c 23 § 542; 1983 c 167 § 246; 1907 c 236 § 11; RRS § 9679.]
NOTES:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.170 - Payment in full—Calls for bonds, notice—Bond owners' rights.

RCW 88.32.170
Payment in full—Calls for bonds, notice—Bond owners' rights.
The owner of any lot or parcel of land charged with any assessment as provided for hereinabove, may redeem the same from all liability by paying the entire assessment charged against such lot or parcel of land, or part thereof, without interest, within thirty days after notice to him or her of such assessment, as herein provided, or may redeem the same at any time after the bonds above specified shall have been issued, by paying the full amount of all the principal and interest to the end of the interest year then expiring, or next to expire. The county treasurer shall pay the interest on the bonds authorized to be issued under RCW 88.32.010 through 88.32.220 out of the respective local improvement funds from which they are payable, and whenever there shall be sufficient money in any local improvement fund, against which bonds have been issued under the provisions of RCW 88.32.010 through 88.32.220, over and above the amount necessary for the payment of interest on all unpaid bonds, and sufficient to pay the principal of one or more bonds, the county treasurer shall call in and pay such bonds, provided that such bonds shall be called in and paid in their numerical order: PROVIDED, FURTHER, That such call shall be made by publication in the county official newspaper, on the day following the delinquency of the installment of the assessment, or as soon thereafter as practicable, and shall state that bonds numbers . . . . . . (giving the serial number or numbers of the bonds called), will be paid on the day the interest payment on said bonds shall become due, and interest upon such bonds shall cease upon such date. If the county shall fail, neglect, or refuse to pay said bonds or promptly to collect any of said assessments when due, the owner of any such bonds may proceed in his or her own name to collect such assessment and foreclose the lien thereof in any court of competent jurisdiction, and shall recover in addition to the amount of such bonds and interest thereon, five percent, together with the costs of such suit. Any number of owners of such bonds for any single improvement, may join as plaintiffs and any number of owners of the property on which the same are a lien may be joined as defendants in such suit.
[ 2013 c 23 § 543; 1983 c 167 § 247; 1907 c 236 § 12; RRS § 9680. Formerly RCW 88.32.120 and 88.32.170.]
NOTES:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.180 - Improvement by counties jointly.

RCW 88.32.180
Improvement by counties jointly.
Two or more adjoining counties, in which are lands to be benefited by any such improvement as is hereinbefore mentioned, and as will be partly or wholly within one or more of them, may jointly take advantage of the provisions of RCW 88.32.010 through 88.32.220, and the procedure in such cases shall, as nearly as may be, conform to the procedure above prescribed, but with the modifications hereinafter expressed.
[ 1907 c 236 § 13; RRS § 9681.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.190 - Improvement by counties jointly—Procedure.

RCW 88.32.190
Improvement by counties jointly—Procedure.
In every case of such joint action, the preliminary procedure of RCW 88.32.010 having been first had in each county severally, the board of county commissioners of the several counties proposing to join shall unite in such an application as is prescribed in RCW 88.32.020, and the application shall be made to any person, who, for the time being, shall be a judge of the United States district court in any district in which such counties, or any of them, may lie, and the list mentioned in RCW 88.32.020 shall be made in as many counterparts as there are counties so joining, and one counterpart shall be filed with the board of county commissioners of each county, and if the person who is such United States judge shall decline or be unable to act, then, the board of such counties shall meet in joint session, at the county seat of such one of the counties as shall be agreed upon and shall organize as a joint board by appointing a chair and clerk, and by resolution in which a majority of all the commissioners present, and at least one commissioner from each county, shall concur, name the eleven persons for the commission, which eleven in such case shall be citizens of the counties concerned, and as nearly as may be the same number from each county. A counterpart of such resolution shall be recorded in the minutes of the proceedings of the board of each county. The commission shall make as many assessment rolls as there are counties joining and one counterpart roll shall be certified by such chair and clerk of the joint board, and by such clerk filed with the board of each of such counties.
[ 2013 c 23 § 544; 1907 c 236 § 14; RRS § 9682.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.200 - Improvement by counties jointly—Joint board of equalization.

RCW 88.32.200
Improvement by counties jointly—Joint board of equalization.
For purposes of a board of equalization, said boards shall from time to time meet as a joint board as aforesaid, and have a chair and clerk as aforesaid, and for all purposes under RCW 88.32.070 and 88.32.080, in case of counties joining, the word board wherever occurring in said sections shall be interpreted to mean such joint board, and the word clerk shall be deemed to mean the clerk of such joint board, and the posting of notices shall be in at least ten public places in each county, and the publication of the same shall be in a newspaper of each county, and the objections mentioned in RCW 88.32.080 shall be filed with the clerk of the joint board, who shall cause a copy thereof, certified by him or her to be filed with the clerk of the board of county commissioners of the county where the real estate of the party objecting is situated.
[ 2013 c 23 § 545; 1907 c 236 § 15; RRS § 9683.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.210 - Improvement by counties jointly—Joint assessment roll—Filing, appeals, subsequent proceedings.

RCW 88.32.210
Improvement by counties jointly—Joint assessment roll—Filing, appeals, subsequent proceedings.
The minutes of the proceedings of the joint board and the assessment roll as finally settled by such board shall be made up in as many counterparts as there are counties joining as aforesaid, and shall be signed by the chair and clerk of said board, and one of said counterparts so signed shall be filed by said clerk with the clerk of the board of county commissioners of each of said counties, and any appeals and subsequent proceedings under RCW 88.32.090 to 88.32.170, inclusive, as far as relates to real estate in any individual county, shall be as nearly as may be the same as if the local improvement district and bond issue concerned that county only.
[ 2013 c 23 § 546; 1907 c 236 § 16; RRS § 9684.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.220 - Improvement by counties jointly—Expenses of joint board.

RCW 88.32.220
Improvement by counties jointly—Expenses of joint board.
The joint board shall keep careful account of its necessary expenses and shall apportion and charge the same to the counties joining, and certify to the board of county commissioners of each such county an itemized statement of the entire account and of the proportionate part of such expense charged to such county and the board of county commissioners of such county shall cause the same to be paid out of the general fund of the county.
[ 1907 c 236 § 17; RRS § 9685.]
NOTES:
County current expense fund: RCW 36.33.010.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.230 - Joint aid river and harbor improvements—Bonds—Election.

RCW 88.32.230
Joint aid river and harbor improvements—Bonds—Election.
Whenever the county legislative authority of any county with a population of one hundred twenty-five thousand or more deems it for the interest of the county to engage in or to aid the United States of America, the state of Washington, or any adjoining county or any city of this state, or any of them, in construction, enlargement, improvement, modification, repair or operation of any harbor, canal, waterway, river channel, slip, dock, wharf, or other public improvement, or any of the same, for the purposes of commerce, navigation, sanitation and drainage, or any thereof, or to acquire or operate wharf sites, dock sites, or other properties, rights or interests, or any thereof, necessary or proper to be acquired or operated for public enjoyment of any such public improvement, and to incur indebtedness to meet the cost thereof and expenses connected therewith, and issue bonds of the county for the payment of such indebtedness, or any thereof, such county is hereby authorized and empowered, by and through its county legislative authority, to engage in or aid in any such public work or works, operation or acquisition, as aforesaid, and to incur indebtedness for such purpose or purposes to an amount, which, together with the then existing indebtedness of such county, shall not exceed two and one-half percent of the value of the taxable property in said county, as the term "value of the taxable property" is defined in RCW 39.36.015, and to issue the negotiable bonds of the county for all or any of such indebtedness and for the payment thereof, in the manner and form and as provided in chapter 39.46 RCW, and other laws of this state which shall then be in force, and to make part or all of such payment in bonds or in moneys derived from sale or sales thereof, or partly in such bonds and partly in such money: PROVIDED, That the county legislative authority shall have first submitted the question of incurring such indebtedness to the voters of the county at a general or special election, and three-fifths of the voters voting upon the question shall have voted in favor of incurring the same.
[ 1991 c 363 § 161; 1970 ex.s. c 42 § 37; 1911 c 3 § 1; RRS § 9666. FORMER PART OF SECTION: 1911 c 3 § 2 now codified as RCW 88.32.235.]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.
Bonds, generally as to form, etc.: Chapter 39.44 RCW.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.235 - Joint aid river and harbor improvements—Declared county purpose.

RCW 88.32.235
Joint aid river and harbor improvements—Declared county purpose.
Any and every such purpose as is mentioned in the foregoing section is hereby declared to be a county purpose.
[ 1911 c 3 § 2; RRS § 9667. Formerly RCW 88.32.230, part.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.240 - Joint planning for improvement of navigable river—Development of river valley.

RCW 88.32.240
Joint planning for improvement of navigable river—Development of river valley.
Any county together with any port district therein and first-class city in such county may participate jointly in surveys, investigations and studies for determining the location, type and design, with cost estimates, of a project plan for the improvement of any section or sections, within or without the limits of such city, of any navigable river emptying into tidal waters in such city, in aid of commerce and navigation and in aid of the comprehensive land use and development of such river valley, including present and future industrial and manufacturing uses.
[ 1951 c 33 § 1.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.250 - Joint planning for improvement of navigable river—Contract—Joint board to control and direct work.

RCW 88.32.250
Joint planning for improvement of navigable river—Contract—Joint board to control and direct work.
The joint participation shall be under a contract in writing made in the names of the county, port district, and city, under ordinance or resolution that provides the nature and extent of the work, the extent of the participation of the parties, the division of the costs, and method of payment. The costs shall be paid from any funds of the county, city, or port district designated in the contract.
The control and direction of the work shall be under a joint board consisting of one or more representatives of each party to the contract, as may be agreed upon by the parties. The representatives of the respective parties shall be appointed by the governing body of the respective parties. The joint board shall employ such help and services as may be required and fix the compensation to be paid for the services. The joint board shall consult with the corps of engineers, department of the army, and with the state secretary of transportation and the state director of ecology in furtherance of federal and state of Washington interests in the purposes of RCW 88.32.240 and 88.32.250.
[ 1984 c 7 § 383; 1951 c 33 § 2.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.40 - Transport of Petroleum Products—Financial Responsibility. › 88.40.005 - Intent.

RCW 88.40.005
Intent.
The legislature recognizes that oil and hazardous substance spills and other forms of incremental pollution present serious danger to the fragile marine environment of Washington state. It is the intent and purpose of this chapter to define and prescribe financial responsibility requirements for vessels that transport petroleum products as cargo or as fuel across the waters of the state of Washington and for facilities that store, handle, or transfer oil or hazardous substances in bulk on or near the navigable waters.
[ 1991 c 200 § 701; 1990 c 116 § 29; 1989 1st ex.s. c 2 § 1.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.40 - Transport of Petroleum Products—Financial Responsibility. › 88.40.025 - Financial responsibility for onshore or offshore facilities.

RCW 88.40.025
Financial responsibility for onshore or offshore facilities.
An onshore or offshore facility shall demonstrate financial responsibility in an amount determined by the department as necessary to compensate the state and affected federally recognized Indian tribes, counties, and cities for damages that might occur during a reasonable worst case spill of oil from that facility into the navigable waters of the state. The department shall adopt a rule that considers such matters as the worst case amount of oil that could be spilled, as calculated in the applicant's oil spill contingency plan approved under chapter 90.56 RCW, the cost of cleaning up the spilled oil, the frequency of operations at the facility, the damages that could result from the spill, and the commercial availability and affordability of financial responsibility. In order to demonstrate financial responsibility as required under this section, the owner or operator of a facility must obtain a certificate of financial responsibility from the department. The requirements of this section do not apply to an onshore or offshore facility owned or operated by the federal government or by the state or local government.
[ 2022 c 202 § 3; 1991 c 200 § 704.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.40 - Transport of Petroleum Products—Financial Responsibility. › 88.40.060 - Violations—Appealable certificate.

RCW 88.40.060
Violations—Appealable certificate.
(1) Violations of the requirements of this chapter are subject to criminal penalties as provided in RCW 90.56.300 and civil penalties as provided in RCW 90.56.310.
(2) A determination by the department to issue, modify, suspend, revoke, or terminate a certificate issued under this chapter is appealable to the pollution control hearings board, as provided in RCW 43.21B.110(1)(c).
[ 2022 c 202 § 6.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.020 - Coordination with federal law.

RCW 88.46.020
Coordination with federal law.
In carrying out the purposes of this chapter, including the adoption of rules for contingency plans, the director shall to the greatest extent practicable implement this chapter in a manner consistent with federal law.
[ 2000 c 69 § 2; 1991 c 200 § 415.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.030 - Tank vessel inspection programs.

RCW 88.46.030
Tank vessel inspection programs.
(1) All tank vessels entering the navigable waters of the state shall be subject to inspection to assure that they comply with all applicable federal and state standards.
(2) The department shall review the tank vessel inspection programs conducted by the United States coast guard and other federal agencies to determine if the programs as actually operated by those agencies provide the best achievable protection to the waters of the state. If the department determines that the tank vessel inspection programs conducted by these agencies are not adequate to protect the state's waters, it shall adopt rules for a state tank vessel inspection program. The department shall adopt rules providing for a random review of individual tank vessel inspections conducted by federal agencies. The department may accept a tank vessel inspection report issued by another state if that state's tank vessel inspection program is determined by the department to be at least as protective of the public health and the environment as the program adopted by the department.
(3) The state tank vessel inspection program shall ensure that all tank vessels entering state waters are inspected at least annually. To the maximum extent feasible, the state program shall consist of the monitoring of existing tank vessel inspection programs conducted by the federal government. The department shall consult with the coast guard regarding the tank vessel inspection program. Any tank vessel inspection conducted pursuant to this section shall be performed during the vessel's scheduled stay in port.
(4) Any violation of coast guard or other federal regulations uncovered during a state tank vessel inspection shall be immediately reported to the appropriate agency.
[ 2000 c 69 § 3; 1991 c 200 § 416.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.050 - Vessel screening.

RCW 88.46.050
Vessel screening.
(1) In order to ensure the safety of marine transportation within the navigable waters of the state and to protect the state's natural resources, the department shall adopt rules for determining whether cargo vessels and passenger vessels entering the navigable waters of the state pose a substantial risk of harm to the public health and safety and the environment.
(2) The rules may include:
(a) Examining available information sources for evidence that a cargo or passenger vessel may pose a substantial risk to safe marine transportation or the state's natural resources. Information sources may include: Vessel casualty lists, United States coast guard casualty reports, maritime insurance ratings, the index of contingency plans compiled by the department of ecology, other data gathered by the maritime commission, or any other resources;
(b) Requesting the United States coast guard to deny a cargo vessel or passenger vessel entry into the navigable waters of the state, if the vessel poses a substantial environmental risk;
(c) Notifying the state's spill response system that a cargo or passenger vessel entering the state's navigable waters poses a substantial environmental risk;
(d) Inspecting a cargo or passenger vessel that may pose a substantial environmental risk, to determine whether the vessel complies with applicable state or federal laws. Any vessel inspection conducted pursuant to this section shall be performed during the vessel's scheduled stay in port; and
(e) Enforcement actions.
[ 2000 c 69 § 5; 1992 c 73 § 19; 1991 c 200 § 418.]
NOTES:
Effective dates—1992 c 73: See RCW 82.23B.902.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.0601 - Contingency plans—Department to update rules.

RCW 88.46.0601
Contingency plans—Department to update rules.
By December 31, 2019, consistent with the authority under RCW 88.46.060, the department must update rules for contingency plans to require:
(1) Covered vessels to address situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water; and
(2) Standards for best achievable protection for situations involving the oils in subsection (1) of this section.
[ 2018 c 262 § 202.]
NOTES:
Findings—Intent—Report—2018 c 262: See notes following RCW 82.23B.010.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.062 - Nonprofit corporation providing contingency plan—Findings—Termination of maritime commission.

RCW 88.46.062
Nonprofit corporation providing contingency plan—Findings—Termination of maritime commission.
(1) The legislature finds that there is a need to continue to provide oil spill response and contingency plan coverage for vessels that do not have their own contingency plans that transit the waters of this state. A nonprofit corporation shall be established for the sole purpose of providing oil spill response and contingency plan coverage in compliance with RCW 88.46.060.
(2) The maritime commission may conduct activities and make expenditures necessary for the transition of services presently provided by the commission and its contractors to the nonprofit corporation established pursuant to this section.
(3) Once the nonprofit corporation is established and the transfers under RCW 88.46.063 are completed, the maritime commission may cease operation.
[ 1995 c 148 § 1.]
NOTES:
Effective date—1995 c 148 §§ 1-3: See note following RCW 88.46.060.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.063 - Nonprofit corporation providing contingency plan—Transfer of functions and assets from maritime commission.

RCW 88.46.063
Nonprofit corporation providing contingency plan—Transfer of functions and assets from maritime commission.
All reports, documents, surveys, books, records, files, papers, written materials, tangible property, and assets, including contracts and assessment moneys held by the maritime commission shall be transferred to the nonprofit corporation created under RCW 88.46.062. Funds transferred under this section shall be used for the sole purpose of providing oil spill response and contingency plan coverage and related activities in compliance with RCW 88.46.060. No funds may be transferred under this section until all liabilities of the maritime commission have been provided for or satisfied. All liabilities not provided for or satisfied by the maritime commission before cessation of its operations shall be transferred to the nonprofit corporation at the time the maritime commission's assets are transferred to the corporation.
[ 1995 c 148 § 2.]
NOTES:
Effective date—1995 c 148 §§ 1-3: See note following RCW 88.46.060.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.065 - Nonprofit corporation providing contingency plan—Liability limited.

RCW 88.46.065
Nonprofit corporation providing contingency plan—Liability limited.
A nonprofit corporation established for the sole purpose of providing contingency plan coverage for any vessel in compliance with RCW 88.46.060 is entitled to liability protection as provided in this section. Obligations incurred by the corporation and any other liabilities or claims against the corporation may be enforced only against the assets of the corporation, and no liability for the debts or actions of the corporation exists against a director, officer, member, employee, incident commander, agent, contractor, or subcontractor of the corporation in his or her individual or representative capacity. Except as otherwise provided in this chapter, neither the directors, officers, members, employees, incident commanders, or agents of the corporation, nor the business entities by whom they are regularly employed may be held individually responsible for discretionary decisions, errors in judgment, mistakes, or other acts, either of commission or omission, that are directly related to the operation or implementation of contingency plans, other than for acts of gross negligence or willful or wanton misconduct. The corporation may insure and defend and indemnify the directors, officers, members, employees, incident commanders, and agents to the extent permitted by chapters 23B.08 and 24.03A RCW. This section does not alter or limit the responsibility or liability of any person for the operation of a motor vehicle.
[ 2021 c 176 § 5251; 1994 sp.s. c 9 § 853.]
NOTES:
Effective date—2021 c 176: See note following RCW 24.03A.005.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.068 - Adequacy of contingency plans—Practice drills—Rules.

RCW 88.46.068
Adequacy of contingency plans—Practice drills—Rules.
The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 88.46.060. The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannounced practice drills of individual contingency plans. The department shall review and publish a report on the drills, including an assessment of response time and available equipment and personnel compared to those listed in the contingency plans relying on the responding entities, and requirements, if any, for changes in the plans or their implementation. The department may require additional drills and changes in arrangements for implementing approved plans which are necessary to ensure their effective implementation.
[ 2006 c 316 § 4.]
NOTES:
Severability—2006 c 316: See note following RCW 88.46.167.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.070 - Enforcement of prevention plans and contingency plans—Determination of violation—Order or directive—Notice.

RCW 88.46.070
Enforcement of prevention plans and contingency plans—Determination of violation—Order or directive—Notice.
(1) The provisions of prevention plans and contingency plans approved by the department pursuant to this chapter 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 for failure to comply with a plan.
(2) If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of this chapter, the director shall notify the person of the director's determination by registered mail. The determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of the determination, the person shall file with the director a full report stating what steps have been and are being taken to comply with the determination of the director. The director shall issue an order or directive, as the director deems appropriate under the circumstances, and shall notify the person by registered mail.
(3) If the director believes immediate action is necessary to accomplish the purposes of this chapter, the director may issue an order or directive, as appropriate under the circumstances, without first issuing a notice or determination pursuant to subsection (2) 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.
[ 2000 c 69 § 7; 1992 c 73 § 21; 1991 c 200 § 420.]
NOTES:
Effective dates—1992 c 73: See RCW 82.23B.902.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.073 - Violations of rules—Enforcement.

RCW 88.46.073
Violations of rules—Enforcement.
If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of any rules adopted under this chapter, the director may institute such actions as authorized under RCW 88.46.070 (2) and (3).
[ 2006 c 316 § 3.]
NOTES:
Severability—2006 c 316: See note following RCW 88.46.167.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.080 - Unlawful operation of a covered vessel—Penalties—Evidence of approved contingency plan or prevention plan.

RCW 88.46.080
Unlawful operation of a covered vessel—Penalties—Evidence of approved contingency plan or prevention plan.
(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 a covered vessel 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 a covered vessel if:
(a) The covered vessel is not required to have a contingency plan, spill prevention plan, or financial responsibility;
(b) All required plans have 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; or
(c) The covered vessel has entered state waters after the United States coast guard has determined that the vessel is in distress.
(4) A person may rely on a copy of the statement issued by the department pursuant to RCW 88.46.060 as evidence that a vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 that a vessel has an approved prevention plan.
(5) Any person found guilty of willfully violating any of the provisions of this chapter, or any final written orders or directive of the director or a court in pursuance thereof is guilty of a gross misdemeanor, as provided in chapter 9A.20 RCW, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for up to three hundred sixty-four days, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter occurs may be deemed a separate and additional violation.
[ 2011 c 96 § 59; 2003 c 53 § 417; 2000 c 69 § 8; 1992 c 73 § 22; 1991 c 200 § 421.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—1992 c 73: See RCW 82.23B.902.