Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-230 - Regulatory actions

Current through Register Vol. 24-14, July 15, 2024
The council may take any of the following regulatory actions to
				enforce this chapter to meet the provisions of
				RCW  80.50.040 or
				70.94.422.
(1) Enforcement actions--Notice of violation. At least thirty
				days prior to the commencement of any formal enforcement action under
				RCW  70.94.430 and
				70.94.431(1) through
				(7), the council shall cause written notice
				to be served upon the alleged violator or violators. The notice shall specify
				the provision of this chapter or rule or regulation alleged to be violated and
				the facts alleged to constitute a violation thereof, and may include an order
				that necessary corrective action be taken within a reasonable time. In lieu of
				an order, the council may require that the alleged violator or violators appear
				before it for the purpose of providing information to the council pertaining to
				the violation or the charges complained of. Every notice of violation shall
				offer the alleged violator an opportunity to meet with the council prior to the
				commencement of enforcement action.
(2) Civil penalty.
(a) All penalties assessed as the result of air emission
				violations shall be consistent with
				RCW  70.94.332,
				70.94.430,
				70.94.431(1) through
				(7), and
				70.94.435. Any person who violates
				any of the provisions of
				chapter
				70.94 RCW may incur a
				civil penalty in an amount as set forth in
				RCW  70.94.431. Each such violation shall be
				separate and distinct and, for a continuing violation, each day's continuance
				shall be a separate and distinct violation.
Any person who fails to take action as specified by an order
				issued pursuant to this chapter shall be liable for a civil penalty as set
				forth by RCW  70.94.431 for each day of
				continued noncompliance.
(b) Penalties incurred but not paid shall accrue interest,
				beginning on the ninety-first day following the date that the penalty becomes
				due and payable, at the highest rate allowed by
				RCW  19.52.020 on the date that the penalty
				becomes due and payable. If violations or penalties are appealed, interest
				shall not begin to accrue until the thirty-first day following final resolution
				of the appeal.
The maximum penalty amount established in
				RCW  70.94.431 may be increased annually to
				account for inflation as determined by the state office of economic and revenue
				forecast council.
(c) Each 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 same penalty. The penalties provided in this
				section shall be imposed pursuant to
				RCW  70.94.422.
(d) All penalties recovered under this section by the council
				shall be paid into the state treasury and credited to the air pollution control
				account established in
				RCW  70.94.015.
(e) In addition to other penalties provided by this chapter,
				persons knowingly under-reporting emission or other information used to set
				fees, or persons required to pay emission or permit fees who are more than
				ninety days late with such payments may be subject to a penalty equal to three
				times the amount of the original fee owed.