The bill amends RCW 90.03.600 to limit the application of civil penalties against landowners when violations are caused by their lessees. It establishes that the Department of Ecology must consider the seriousness of the violation, its repetition, and any damage caused when determining penalty amounts, which can range from $100 to $5,000 per day. The bill also clarifies that the procedures outlined in RCW 90.48.144 will apply to the levying of penalties and their review and appeal.
Importantly, the new language specifies that the Department may not impose civil penalties on landowners if the violation is solely due to the actions of their lessees; instead, penalties can be levied against the lessee in such cases. This change aims to protect landowners from incurring penalties for actions beyond their control, thereby providing a clearer framework for accountability in cases of lease agreements.
Statutes affected: Original Bill: 90.03.600