WAC 173-905-430. Enforcement and penalties

(1) The following entities may not be found in violation of chapter 70A.555 RCW or this chapter: (a) An owner or operator of a solid waste facility if the facility has posted a sign stating that covered batteries must be managed through collection sites established by a battery stewardship program and are not accepted for disposal; (b) A solid waste collector if a generator places a covered battery in a disposal container serviced by the solid waste collector; and (c) An individual or resident who improperly disposes of covered batteries in a noncommercial or residential setting. (2) If the department determines that a person violated or is in violation of any of the requirements of chapter 70A.555 RCW or this chapter, the department will issue a written warning or an order requiring compliance. (a) Written warning. The department will provide a producer, retailer, or battery stewardship organization with a written warning for a first violation of the requirements of chapter 70A.555 RCW or this chapter. Written warnings will be delivered with verified receipt and will inform a violator of the steps they must take to come into compliance. (b) Compliance order. Whenever, based on any information, the department determines that a person has violated or is in violation of chapter 70A.555 RCW or this chapter, it may issue an order to that person requiring compliance either immediately or within a specified period of time. The compliance order will be delivered with verified receipt and will inform a violator of the steps they must take to come into compliance. A person who fails to take corrective action as specified in a compliance order is liable for a civil penalty as provided in subsection (3) of this section without receiving a written warning first. (3) The department may impose civil penalties for violations of chapter 70A.555 RCW or this chapter as follows: (a) If a person remains in violation after 30 days of receiving a written warning described in subsection (2)(a) of this section, the department may administratively impose a civil penalty in an amount of up to $1,000 per violation per day for a first violation. (b) If a person fails to comply with a compliance order as described in subsection (2)(b) of this section, the department may administratively impose a civil penalty in an amount of up to $10,000 per violation per day, without first delivering a warning as described in subsection (2)(a) of this section. (c) For repeated violations the department may impose a civil penalty in an amount up to $10,000 per violation per day. (4) A person who is issued an order or incurs a penalty under this section may appeal the order or penalty to the pollution control hearings board established by chapter 43.21B RCW within 30 days of the date of receipt.