43.27A.190 - Water resource orders. - Washington Statutes

Water resource orders.

Notwithstanding and in addition to any other powers granted to the department of ecology, whenever it appears to the department that a person is violating or is about to violate any of the provisions of the following:

     (1) Chapter 90.03 RCW; or

     (2) Chapter 90.44 RCW; or

     (3) Chapter 86.16 RCW; or

     (4) Chapter 43.37 RCW; or

     (5) Chapter 43.27A RCW; or

     (6) Any other law relating to water resources administered by the department; or

     (7) A rule or regulation adopted, or a directive or order issued by the department relating to subsections (1) through (6) of this section; the department may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of the statute, rule, regulation, directive or order alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. The regulation of a headgate or controlling works as provided in RCW 90.03.070, by a watermaster, stream patrol officer, or other person so authorized by the department shall constitute a regulatory order within the meaning of this section. A regulatory order issued hereunder shall become effective immediately upon receipt by the person to whom the order is directed, except for regulations under RCW 90.03.070 which shall become effective when a written notice is attached as provided therein. Any person aggrieved by such order may appeal the order pursuant to RCW 43.21B.310.

[2009 c 549 § 5111; 1987 c 109 § 11; 1969 ex.s. c 284 § 7.]

Notes: Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.

Severability -- 1969 ex.s. c 284: See note following RCW 90.48.290.