Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-290 - Group A public water supplies › Part 1 - GENERAL PROVISIONS › Section 246-290-050 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
When any purveyor is out of compliance with a law or rule
					 regulating public water systems and administered by the department, the
					 department may initiate appropriate enforcement actions, regardless of any
					 prior approvals issued. These actions may include, but are not limited to, any
					 one or combination of the following:
(1) Notice of violation instructing or
				  requiring appropriate corrective measures;
(2) Compliance schedule for specific actions
				  necessary to achieve compliance status;
(3) Departmental order requiring submission
				  of project reports, construction documents, and construction report
				  forms;
(4) Departmental order
				  requiring specific actions or ceasing unacceptable activities within a
				  designated time period;
(5)
				  Departmental order to stop work and/or refrain from using any public water
				  system or improvements thereto until all written approvals required by statute
				  or rule are obtained;
(6)
				  Imposition of civil penalties may be issued for up to five thousand dollars per
				  day per violation, or, in the case of a violation that has been determined to
				  be a public health emergency, a penalty of not more than ten thousand dollars
				  per day per violation under authority of chapter 70A.125 RCW;
(7) Imposition of civil penalties may be
				  issued to a person who constructs, modifies, or expands a public water system
				  or who commences the construction, modification, or expansion of a public water
				  system without first obtaining the required department approval. The amount of
				  the penalty may be up to five thousand dollars per service connection, or, in
				  the case of a system serving a transient population, a penalty of not more than
				  four hundred dollars per person based on the highest average daily population
				  the system serves or is anticipated to serve. The total penalty that may be
				  imposed pursuant to this subsection and
				  RCW
				  70A.125.040(1)(b) is five
				  hundred thousand dollars;
(8)
				  Action that requires the purveyor to take preventive or corrective steps when
				  results of a sanitary survey or special purpose investigation conducted by, or
				  on behalf of, the department indicate conditions that are currently or may
				  become a detriment to system operation;
(9) Legal action may be taken by the attorney
				  general or local prosecutor. The legal action may be criminal or
				  civil.
Statutory Authority: RCW 43.02.050 [43.20.050].
						99-07-021, § 246-290-050, filed 3/9/99, effective 4/9/99. Statutory
						Authority:
						RCW
						43.20.050. 93-08-011 (Order 352B), §
						246-290-050, filed 3/25/93, effective 4/25/93; 91-02-051 (Order 124B),
						recodified as § 246-290-050, filed 12/27/90, effective 1/31/91. Statutory
						Authority: P.L. 99-339. 89-21-020 (Order 336), § 248-54-045, filed
						10/10/89, effective 11/10/89. Statutory Authority: RCW 34.04.045. 88-05-057
						(Order 307), § 248-54-045, filed 2/17/88. Statutory Authority:
						RCW
						43.20.050. 83-19-002 (Order 266), §
						248-54-045, filed 9/8/83.