DNR civil enforcement appeal

AN ACT Relating to adding the department of natural resources' 1
civil enforcement decisions under RCW 76.04.205 to appeals that may 2
be heard by the pollution control hearings board; and reenacting and 3
amending RCW 43.21B.110. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 43.21B.110 and 2024 c 347 s 5, 2024 c 340 s 4, and 6
2024 339 s 16 are each reenacted and amended to read as follows:7
(1) The hearings board shall only have jurisdiction to hear and 8
decide appeals from the following decisions of the department, the 9
director, local conservation districts, the air pollution control 10
boards or authorities as established pursuant to chapter 70A.15 RCW, 11
local health departments, the department of natural resources, the 12
department of fish and wildlife, the parks and recreation commission, 13
and authorized public entities described in chapter 79.100 RCW:14
(a) Civil penalties imposed pursuant to chapter 70A.230 RCW and 15
RCW 18.104.155, 70A.15.3160, 70A.300.090, 70A.20.050, 70A.230.020, 16
70A.205.280, 70A.355.070, 70A.430.070, 70A.500.260, 70A.505.100, 17
70A.505.110, 70A.530.040, 70A.350.070, 70A.515.060, 70A.245.040, 18
70A.245.050, 70A.245.070, 70A.245.080, 70A.245.130, 70A.245.140, 19
70A.65.200, 70A.455.090, 70A.550.030, 70A.555.110, 70A.560.020, 20
Z-0313.1
SENATE BILL 5334
State of Washington 69th Legislature 2025 Regular Session
By Senators Short, Chapman, Bateman, and Nobles; by request of
Department of Natural Resources
Read first time 01/17/25. Referred to Committee on Agriculture &
Natural Resources.
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70A.565.030, 76.04.205, 76.09.170, 77.55.440, 78.44.250, 88.46.090, 1
90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102.2
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 3
18.104.130, 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.15.4530, 4
70A.15.6010, 70A.205.280, 70A.214.140, 70A.300.120, 70A.350.070, 5
70A.245.020, 70A.65.200, 70A.505.100, 70A.555.110, 70A.560.020, 6
70A.565.030, 86.16.020, 88.46.070, 90.03.665, 90.14.130, 90.46.250, 7
90.48.120, 90.48.240, 90.56.330, and 90.64.040. 8
(c) Except as provided in RCW 90.03.210(2), the issuance, 9
modification, or termination of any permit, certificate, or license 10
by the department or any air authority in the exercise of its 11
jurisdiction, including the issuance or termination of a waste 12
disposal permit, the denial of an application for a waste disposal 13
permit, the modification of the conditions or the terms of a waste 14
disposal permit, a decision to approve or deny a solid waste 15
management plan under RCW 70A.205.055, approval or denial of an 16
application for a beneficial use determination under RCW 70A.205.260, 17
an application for a change under RCW 90.03.383, or a permit to 18
distribute reclaimed water under RCW 90.46.220. 19
(d) Decisions of local health departments regarding the granting 20
or denial of solid waste permits pursuant to chapter 70A.205 RCW, 21
including appeals by the department as provided in RCW 70A.205.130.22
(e) Decisions of local health departments regarding the issuance 23
and enforcement of permits to use or dispose of biosolids under RCW 24
70A.226.090. 25
(f) Decisions of the department regarding waste-derived 26
fertilizer or micronutrient fertilizer under RCW 15.54.820.27
(g) Decisions of local conservation districts related to the 28
denial of approval or denial of certification of a dairy nutrient 29
management plan; conditions contained in a plan; application of any 30
dairy nutrient management practices, standards, methods, and 31
technologies to a particular dairy farm; and failure to adhere to the 32
plan review and approval timelines in RCW 90.64.026 as provided in 33
RCW 90.64.028. 34
(h) Any other decision by the department or an air authority 35
which pursuant to law must be decided as an adjudicative proceeding 36
under chapter 34.05 RCW. 37
(i) Decisions of the department of natural resources, the 38
department of fish and wildlife, and the department that are 39
reviewable under chapter 76.09 RCW, and the department of natural 40
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resources' appeals of county, city, or town objections under RCW 1
76.09.050(7). 2
(j) Forest health hazard orders issued by the commissioner of 3
public lands under RCW 76.06.180. 4
(k) Decisions of the department of fish and wildlife to issue, 5
deny, condition, or modify a hydraulic project approval permit under 6
chapter 77.55 RCW, to issue a stop work order, to issue a notice to 7
comply, to issue a civil penalty, or to issue a notice of intent to 8
disapprove applications. 9
(l) Decisions of the department of natural resources that are 10
reviewable under RCW 78.44.270. 11
(m) Decisions of an authorized public entity under RCW 79.100.010 12
to take temporary possession or custody of a vessel or to contest the 13
amount of reimbursement owed that are reviewable by the hearings 14
board under RCW 79.100.120. 15
(n) Decisions of the department of ecology that are appealable 16
under RCW 70A.245.020 to set recycled minimum postconsumer content 17
for covered products or to temporarily exclude types of covered 18
products in plastic containers from minimum postconsumer recycled 19
content requirements. 20
(o) Orders by the department of ecology under RCW 70A.455.080.21
(p) Decisions of the department of natural resources under RCW 22
76.04.205.23
(2) The following hearings shall not be conducted by the hearings 24
board: 25
(a) Hearings required by law to be conducted by the shorelines 26
hearings board pursuant to chapter 90.58 RCW, except where appeals to 27
the pollution control hearings board and appeals to the shorelines 28
hearings board have been consolidated pursuant to RCW 43.21B.340.29
(b) Hearings conducted by the department pursuant to RCW 30
70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 31
70A.15.3110, and 90.44.180. 32
(c) Appeals of decisions by the department under RCW 90.03.110 33
and 90.44.220. 34
(d) Hearings conducted by the department to adopt, modify, or 35
repeal rules. 36
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(3) Review of rules and regulations adopted by the hearings board 1
shall be subject to review in accordance with the provisions of the 2
administrative procedure act, chapter 34.05 RCW. 3
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