(1) Any person who violates any rule adopted by the department under this chapter shall be subject to a civil penalty not to exceed one hundred dollars imposed by local government pursuant to this section. An action under this section shall not preclude enforcement of any provisions of the local government noise ordinance.

Terms Used In Washington Code 70A.20.050

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Department: means the department of ecology. See Washington Code 70A.20.020
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Local government: means county or city government or any combination of the two. See Washington Code 70A.20.020
  • Noise: means the intensity, duration and character of sounds from any and all sources. See Washington Code 70A.20.020
  • Person: means any individual, corporation, partnership, association, governmental body, state, or other entity whatsoever. See Washington Code 70A.20.020
Penalties shall become due and payable thirty days from the date of receipt of a notice of penalty unless within such time said notice is appealed in accordance with the administrative procedures of the local government, or if it has no such administrative appeal, to the pollution control hearings board pursuant to the provisions of chapter 43.21B RCW and procedural rules adopted thereunder. In cases in which appeals are timely filed, penalties sustained by the local administrative agency or the pollution control hearings board shall become due and payable on the issuance of said agency or board’s final order in the appeal.
(2) Whenever penalties incurred pursuant to this section have become due and payable but remain unpaid, the attorney for the local government may bring an action in the superior court of the county in which the violation occurred for recovery of penalties incurred. In all such actions the procedures and rules of evidence shall be the same as in any other civil action.
[ 1987 c 103 § 2; 1974 ex.s. c 183 § 5. Formerly RCW 70.107.050.]
  Previous section
Next section  
 Chapter 70A.20 Contents