WAC 173-182-910   Noncompliance.  (1) If an owner or operator of a covered vessel, onshore or offshore facility, a person or plan holder is unable to comply with an approved contingency plan or otherwise fails to comply with requirements of this chapter, ecology may, at its discretion:

     (a) Place conditions on approval; and

     (b) Require additional drills to demonstrate effectiveness of the plan; or

     (c) Revoke the approval status.

     (2) Approval of a plan by ecology does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under state law.

     (3) Any violation of this chapter may be subject to the enforcement and penalty sanctions.

     (4) Ecology may assess a civil penalty of up to one hundred thousand dollars against any person who is in violation of this section. Each day that a covered vessel, facility or person is in violation of this section shall be considered a separate violation.



[Statutory Authority: Chapters 88.46, 90.56, and 90.48 RCW. 06-20-035 (Order 00-03), § 173-182-910, filed 9/25/06, effective 10/26/06.]