RCW 90.48.142

Violations—Liability in damages for injury or death of fish, animals, vegetation—Action to recover.

Known as the Coastal Waters Protection Act

The act spans §§ 90–90 (82 sections).

Applied in 3 court decisions — leading case Tiegs v. Watts (1998)

Most recently applied in Lemire v. Department of Ecology (August 2013)

1991 c 200 s 810; 1989 c 262 s 2; 1988 c 36 s 69; 1987 c 109 s 132; 1985 c 316 s 6; 1970 ex.s. c 88 s 12; 1967 ex.s. c 139 s 13.

How often courts cite this section

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) Any person who:

(a)(i) Violates any of the provisions of this chapter or chapter 90.56 RCW;

(ii) Fails to perform any duty imposed by this chapter or chapter 90.56 RCW;

(iii) Violates an order or other determination of the department or the director made pursuant to the provisions of this chapter or chapter 90.56 RCW;

(iv) Violates the conditions of a waste discharge permit issued pursuant to RCW 90.48.160; or

(v) Otherwise causes a reduction in the quality of the state's waters below the standards set by the department or, if no standards have been set, causes significant degradation of water quality, thereby damaging the same; and

(b) Causes the death of, or injury to, fish, animals, vegetation, or other resources of the state;

shall be liable to pay the state and affected counties and cities damages in an amount determined pursuant to RCW 90.48.367.

(2) No action shall be authorized under this section against any person operating in compliance with the conditions of a waste discharge permit issued pursuant to RCW 90.48.160.

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