The bill seeks to enhance the enforcement of environmental laws in Washington State by establishing a tiered system of criminal penalties for violations of environmental statutes. It categorizes offenses into three degrees: first-degree violations, which are class B felonies involving knowingly endangering life or property; second-degree violations, classified as class C felonies for knowing breaches of regulations without imminent danger; and third-degree violations, defined as gross misdemeanors related to criminal negligence. The legislation also includes provisions for affirmative defenses for individuals acting under employer direction or in compliance with permits, thereby ensuring that those who follow the law are not penalized.
In addition to introducing new penalties, the bill emphasizes the protection of natural resources and the health of residents by prohibiting retaliation against employees who report violations or refuse to engage in unlawful conduct. It mandates the Department of Ecology to disseminate information about the new penalties and clarifies definitions related to air quality and pollution control. The bill also requires the Office of the Attorney General to report annually on criminal enforcement actions and streamlines the enforcement process by repealing outdated statutes. Local air authorities and the Department of Ecology are tasked with providing written notice to alleged violators before formal enforcement actions, ensuring accountability and offering violators an opportunity to address issues prior to penalties being imposed.
Statutes affected: Original Bill: 90.48.020, 70A.300.010
Substitute Bill: 90.48.020, 70A.300.010
Second engrossed substitute: 9.94A.515, 70A.15.2520, 70A.15.3010, 70A.15.3130