The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

     (1) "Business days" means Monday through Friday exclusive of any state or federal holiday.

     (2) "Date of receipt" means:

     (a) Five business days after the date of mailing; or

     (b) The date of actual receipt, when the actual receipt date can be proven by a preponderance of the evidence. The recipient's sworn affidavit or declaration indicating the date of receipt, which is unchallenged by the agency, shall constitute sufficient evidence of actual receipt. The date of actual receipt, however, may not exceed forty-five days from the date of mailing.

     (3) "Department" means the department of ecology.

     (4) "Director" means the director of ecology.

[2004 c 204 § 1; 1987 c 109 § 4.]

NOTES:

     Purpose -- 1987 c 109: "The purposes of this act are to:

     (1) Simplify and clarify existing statutory and administrative procedures for appealing decisions of the department of ecology and air pollution control authorities in order to (a) expedite those appeals, (b) insure that those appeals are conducted with a minimum of expense to save state and private resources, and (c) allow the appellate authorities to decide cases on their merits rather than on procedural technicalities.

     (2) Clarify existing statutes relating to the environment but which refer to numerous agencies no longer in existence.

     (3) Eliminate provisions no longer effective or meaningful and abbreviate statutory provisions which are unnecessarily long and confusing." [1987 c 109 § 1.]

     Short title -- 1987 c 109: "This act may be referred to as the "ecology procedures simplification act of 1987." [1987 c 109 § 2.]

     Construction -- 1987 c 109: "Unless otherwise specifically intended, this act shall not be construed to change existing substantive or procedural law; it should only clarify and standardize existing procedures." [1987 c 109 § 3.]

     Rules -- 1987 c 109: "The department of ecology shall amend its rules by June 30, 1988, to effect the purposes of this act." [1987 c 109 § 160.]

     Severability -- 1987 c 109: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 109 § 161.]

     Captions -- 1987 c 109: "As used in this act, bill headings and section captions constitute no part of the law." [1987 c 109 § 162.]