wa-law.org > bill > 2025-26 > SB 5360 > Original Bill
Whenever the word "person" is used in this chapter, it shall be construed to include any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.
Wherever the words "waters of the state" shall be used in this chapter, they shall be construed to include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
Whenever the word "pollution" is used in this chapter, it shall be construed to mean such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.
Wherever the word "department" is used in this chapter it shall mean the department of ecology.
Whenever the word "director" is used in this chapter it shall mean the director of ecology.
Whenever the words "aquatic noxious weed" are used in this chapter, they have the meaning prescribed under RCW 17.26.020.
Whenever the words "general sewer plan" are used in this chapter they shall be construed to include all sewerage general plans, sewer general comprehensive plans, plans for a system of sewerage, and other plans for sewer systems adopted by a local government entity including but not limited to cities, towns, public utility districts, and water-sewer districts.
Whenever the words "knows" or "knowingly" are used in this chapter it shall be construed to mean that a person is aware of the conduct that results in a violation; or he or she has information that would lead a reasonable person in the same situation to believe that facts exist which facts are described by a statute defining an offense.
Whenever the words "negligent" or "negligently" are used in this chapter they shall be construed to mean a failure to use such care as a reasonably prudent and careful person would use under similar circumstances.
A person is guilty of a violation of the water pollution control act in the first degree if the person knowingly violates any provisions of this chapter or chapter 90.56 RCW, or any final written orders or directive of the department or a court in pursuance thereof, or any permit issued under this chapter or of Title 33 of the United States Code and the person knows at the time that the conduct constituting the violation places another person in imminent danger of death or substantial bodily harm.
An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation.
A violation of the water pollution control act in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
"Imminent danger" means that there is a substantial likelihood that harm will be experienced should the danger not be eliminated.
"Substantial bodily harm" has the same definition as under RCW 9A.04.110.
A person is guilty of a violation of the water pollution control act in the second degree if the person, under circumstances not amounting to a violation of the water pollution control act in the first degree, knowingly violates any of the provisions of this chapter or chapter 90.56 RCW, or any final written orders or directive of the department or a court in pursuance thereof, or any permit issued under this chapter or of Title 33 of the United States Code.
An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation.
A violation of the water pollution control act in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
A person is guilty of a violation of the water pollution control act in the third degree if the person, under circumstances not amounting to a violation of the water pollution control act in the first or second degree, negligently violates any of the provisions of this chapter or chapter 90.56 RCW, or any final written orders or directive of the department or a court in pursuance thereof, or any permit issued under this chapter or of Title 33 of the United States Code.
An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation.
A violation of the water pollution control act in the third degree is a gross misdemeanor punishable by a fine of up to $10,000 and costs of prosecution, by imprisonment in the county jail for up to 364 days, or by both such fine and imprisonment in the discretion of the court.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A person is guilty of a violation of the clean air act in the first degree if the person knowingly releases into the ambient air any substance listed by the department as a hazardous or toxic air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and the person knows at the time that he or she thereby places:
Another person in imminent danger of death or substantial bodily harm; or
Any property of another person, or any natural resources owned by the state of Washington, or any of its local governments, in imminent danger of harm.
An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
For the purposes of this section, air pollutant does not include an odorous substance unless it is listed by the department as hazardous or toxic.
Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
"Imminent danger" means that there is a substantial likelihood that harm will be experienced should the danger not be eliminated.
"Substantial bodily harm" has the same definition as under RCW 9A.04.110.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation.
A violation of the clean air act in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
A person is guilty of a violation of the clean air act in the second degree if the person, under circumstances not amounting to a violation of the clean air act in the first degree:
Knowingly violates any of the provisions of this chapter or chapter 70A.25, 70A.60, or 70A.535 RCW, or any ordinance resolution, or regulation in force pursuant thereto; or
Negligently releases into the ambient air any substance listed by the department as a hazardous or toxic air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and:
Places another person in imminent danger of death or substantial bodily harm; or
Places any property of another person, or any natural resources owned by the state of Washington, or any of its local governments, in imminent danger of harm.
An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
For the purposes of this section, air pollutant does not include an odorous substance unless it is listed by the department as hazardous or toxic.
Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
"Imminent danger" means that there is a substantial likelihood that harm will be experienced should the danger not be eliminated.
"Substantial bodily harm" has the same definition as under RCW 9A.04.110.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation.
A violation of the clean air act in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
A person is guilty of a violation of the clean air act in the third degree if the person, under circumstances not amounting to a violation of the clean air act in the first or second degree:
Negligently violates any of the provisions of this chapter or chapter 70A.25, 70A.60, or 70A.535 RCW, or any ordinance, resolution, or regulation in force pursuant thereto; or
Knowingly fails to disclose a potential conflict of interest under RCW 70A.15.2000.
An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation.
For the purposes of this section, air pollutant does not include an odorous substance unless it is listed by the department as hazardous or toxic.
A violation of the clean air act in the third degree is a gross misdemeanor and upon conviction shall be punishable by a fine of not more than $10,000, or by imprisonment in the county jail for up to 364 days.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Dangerous wastes" means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:
Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or
Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
"Department" means the department of ecology.
"Designated zone facility" means any facility that requires an interim or final status permit under rules adopted under this chapter and that is not a preempted facility as defined in this section.
"Director" means the director of the department of ecology or the director's designee.
"Disposal site" means a geographical site in or upon which hazardous wastes are disposed of in accordance with the provisions of this chapter.
"Dispose or disposal" means the discarding or abandoning of hazardous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned.
"Extremely hazardous waste" means any dangerous waste which:
Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form:
Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of human beings or wildlife; and
Is highly toxic to human beings or wildlife.
If disposed of at a disposal site in such quantities as would present an extreme hazard to human beings or the environment.
"Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for recycling, storing, treating, incinerating, or disposing of hazardous waste.
"Hazardous household substances" means those substances identified by the department as hazardous household substances in the guidelines developed under RCW 70A.300.350.
"Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under this chapter.
"Hazardous waste" means and includes all dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components.
"Knows" or "knowingly" means that a person is aware of the conduct that results in a violation; or he or she has information that would lead a reasonable person in the same situation to believe that facts exist which facts are described by a statute defining an offense.
"Local government" means a city, town, or county.
"Moderate-risk waste" means (a) any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation, and (b) any household wastes which are generated from the disposal of substances identified by the department as hazardous household substances.
"Negligent" or "negligently" means a failure to use such care as a reasonably prudent and careful person would use under similar circumstances.
"Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.
"Pesticide" shall have the meaning of the term as defined in RCW 15.58.030 as now or hereafter amended.
"Preempted facility" means any facility that includes as a significant part of its activities any of the following operations: (a) Landfill, (b) incineration, (c) land treatment, (d) surface impoundment to be closed as a landfill, or (e) waste pile to be closed as a landfill.
"Service charge" means an assessment imposed under RCW 70A.300.460 against those facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component. Service charges shall also apply to facilities undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal, except any commercial low-level radioactive waste facility.
A person is guilty of a violation of this chapter in the first degree if the person knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this chapter and the person knows at the time that the conduct constituting the violation:
Places another person in imminent danger of death or substantial bodily harm; or
Places any property of another person, any natural resources owned by the state of Washington, or any of its local governments, in imminent danger of harm.
An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
"Imminent danger" means that there is a substantial likelihood that harm will be experienced should the danger not be eliminated.
"Substantial bodily harm" has the same definition as under RCW 9A.04.110.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation.
A violation of this chapter in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
A person is guilty of a violation of this chapter in the second degree if the person, under circumstances not amounting to a violation of this chapter in the first degree, knowingly violates any provisions of this chapter, or of the rules implementing this chapter.
An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation.
A violation of this chapter in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
A person is guilty of a violation of this chapter in the third degree if the person, under circumstances not amounting to a violation of this chapter in the first or second degree, negligently violates any provisions of this chapter, or the rules implementing this chapter.
An entity is guilty of the offense if an agent of the entity commits the offense while acting within the scope of his or her duties and on behalf of the entity.
Each day upon which a violation of this section occurs may be deemed a separate and additional violation.
A violation of this chapter in the third degree is a gross misdemeanor and upon conviction shall be punishable by a fine of not more than $10,000, or by imprisonment in the county jail for up to 364 days.