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RCW 90.48.120

Notice of department's determination that violation has or will occur—Report to department of compliance with determination—Order or directive to be issued—Notice.

Known as the Coastal Waters Protection Act

The act spans §§ 90–90 (82 sections).

Applied in 6 court decisions — leading case Tiegs v. Watts (1998)

Most recently applied in Klineburger v. King County (August 2015)

1992 c 73 s 25; 1987 c 109 s 131; 1985 c 316 s 3; 1973 c 155 s 2; 1967 c 13 s 11; 1945 c 216 s 18; Rem

How often courts cite this section

199820002010201520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Whenever, in the opinion of the department, any person shall violate or creates a substantial potential to violate the provisions of this chapter or chapter 90.56 RCW, or fails to control the polluting content of waste discharged or to be discharged into any waters of the state, the department shall notify such person of its determination by registered mail. Such determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of such determination, such person shall file with the department a full report stating what steps have been and are being taken to control such waste or pollution or to otherwise comply with the determination of the department. Whereupon the department shall issue such order or directive as it deems appropriate under the circumstances, and shall notify such person thereof by registered mail.

(2) Whenever the department deems immediate action is necessary to accomplish the purposes of this chapter or chapter 90.56 RCW, it may issue such order or directive, as appropriate under the circumstances, without first issuing a notice or determination pursuant to subsection (1) of this section. An order or directive issued pursuant to this subsection shall be served by registered mail or personally upon any person to whom it is directed.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.