Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-408 - Landfill Methane Emissions › Section 173-408-180 - Civil penalty

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who
			 violates any requirement of chapter 70A.540 RCW or this chapter may incur a
			 civil penalty of up to $10,000 per day for each violation, pursuant to
			 RCW
			    70A.15.3160.
(2) The department will waive penalties under
			 RCW
			    70A.15.3160, in accordance with this
			 subsection, in the event the owner or operator of the landfill is actively
			 taking corrective actions to control any methane exceedances.
(a) At least 30 calendar days prior to the
			 department's issuance of a civil penalty, the department will send the owner or
			 operator of the landfill a notice of violation, in accordance with
			 RCW
			    70A.15.3010.
(b) To demonstrate eligibility for waiver of
			 a civil penalty under this subsection, the owner or operator of the landfill
			 must provide the following information to the department within 30 calendar
			 days of issuance of the notice of violation:
(i) A description of all corrective action(s)
			 that have been initiated to control methane exceedances;
(ii) A description of all corrective
			 action(s) that are being planned to control methane exceedances, including an
			 implementation schedule of the actions;
(iii) Any supporting documentation associated
			 with the corrective actions; and
(iv) A written certification meeting the
			 requirements of WAC 173-408-150.
(c) If the owner or operator does not provide
			 the information required by (b) of this subsection within 30 calendar days of
			 issuance of the notice of violation, and has not received a written extension
			 by the department, the department may proceed with issuance of a civil penalty
			 as appropriate.
(d) The department
			 will determine whether the owner or operator is eligible for waiver of a civil
			 penalty on the basis of the information submitted pursuant to (b) of this
			 subsection.
(i) The department may request
			 additional information from the owner or operator before making a final
			 determination. If the owner or operator does not respond to the department's
			 request for additional information within 30 calendar days, the department may
			 proceed with issuance of a civil penalty as appropriate.
(ii) The department will waive issuance of a
			 civil penalty for the violation(s) identified in the notice of violation if the
			 owner or operator demonstrates to the department's satisfaction that the
			 corrective actions that have been initiated, or that are being planned, resolve
			 the violation(s).
(iii) The
			 department may condition its waiver of a civil penalty under this subsection on
			 the owner or operator's continued implementation and/or completion of the
			 identified corrective action(s). If the owner or operator does not comply with
			 any such condition(s), the department may reconsider its prior determination of
			 eligibility for waiver.
(e) If the department waives issuance of a
			 civil penalty under this subsection, the department may subsequently request
			 submission of documentation regarding the implementation status of the
			 identified corrective action(s). If the owner or operator does not respond to
			 the department's subsequent request(s) within 30 calendar days, the department
			 may reconsider its prior determination of eligibility for waiver.