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(continued) itted by permit applicants.
(2) If a permit applicant proposes off-site mitigation and the department does not approve the permit or conditions the permit in such a manner as to render off-site mitigation unpracticable, the project proponent must be given the opportunity to submit the permit application to the board for approval.
[2005 c 146 § 602; 1996 c 276 § 1. Formerly RCW 77.55.230, 75.20.190.]
Notes: Part headings not law -- 2005 c 146: See note following RCW 77.55.011.
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77.55.251
Mitigation plan review.
When reviewing a mitigation plan under RCW 77.55.021, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030.
[2005 c 146 § 603; 2000 c 107 § 15; 1997 c 424 § 6. Formerly RCW 77.55.090, 75.20.098.]
Notes: Part headings not law -- 2005 c 146: See note following RCW 77.55.011.
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77.55.261
Placement of woody debris as condition of permit.
Whenever the placement of woody debris is required as a condition of a permit issued under RCW 77.55.021, the department, upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant.
[2005 c 146 § 604; 2000 c 107 § 17; 1993 sp.s. c 2 § 33; 1991 c 322 § 18. Formerly RCW 77.55.120, 75.20.104.]
Notes: Part headings not law -- 2005 c 146: See note following RCW 77.55.011.
Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Severability -- 1993 sp.s. c 2: See RCW 43.300.901.
Findings -- Intent -- 1991 c 322: See note following RCW 86.12.200.
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77.55.271
Sediment dredging or capping actions — Dredging of existing channels and berthing areas — Mitigation not required.
The department shall not require mitigation for sediment dredging or capping actions that result in a cleaner aquatic environment and equal or better habitat functions and values, if the actions are taken under a state or federal cleanup action.
This chapter shall not be construed to require habitat mitigation for navigation and maintenance dredging of existing channels and berthing areas.
[1997 c 424 § 5. Formerly RCW 77.55.260, 75.20.325.]
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77.55.281
Fishways on certain agricultural drainage facilities.
(1) The department may not require a fishway on a tide gate, flood gate, or other associated man-made agricultural drainage facilities as a condition of a permit if such a fishway was not originally installed as part of an agricultural drainage system existing on or before May 20, 2003.
(2) Any condition requiring a self-regulating tide gate to achieve fish passage in an existing permit under this chapter may not be enforced.
[2005 c 146 § 605.]
Notes: Part headings not law -- 2005 c 146: See note following RCW 77.55.011.
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77.55.291
Civil penalty.
(1) The department may levy civil penalties of up to one hundred dollars per day for violation of any provisions of RCW 77.55.021. The penalty provided shall be imposed by notice in writing, either by certified mail or personal service to the person incurring the penalty, from the director or the director's designee describing the violation.
(2) Any person incurring any penalty under this chapter may appeal the same under chapter 34.05 RCW to the director. Appeals shall be filed within thirty days of receipt of notice imposing any penalty.
(3) The penalty imposed shall become due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an appeal of any penalty incurred under this chapter is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.
(4) If the amount of any penalty is not paid within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action. All penalties recovered under this section shall be paid into the state's general fund.
[2005 c 146 § 701; 2000 c 107 § 19; 1993 sp.s. c 2 § 35; 1988 c 36 § 35; 1986 c 173 § 6. Formerly RCW 77.55.140, 75.20.106.]
Notes: Part headings not law -- 2005 c 146: See note following RCW 77.55.011.
Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Severability -- 1993 sp.s. c 2: See RCW 43.300.901.
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77.55.301
Hydraulic appeals board — Members — Jurisdiction — Procedures.
(1) There is created within the environmental hearings office under RCW 43.21B.005 the hydraulic appeals board of the state of Washington.
(2) The board consists of three members: The director of the department of ecology or the director's designee, the director of the department of agriculture or the director's designee, and the director or the director's designee of the department. A decision must be agreed to by at least two members of the board to be final.
(3) The board may adopt rules necessary for the conduct of its powers and duties or for transacting other official business.
(4) The board shall make findings of fact and prepare a written decision in each case decided by it. The finding and decision shall be effective upon being signed by two or more board members and upon being filed at the board's principal office, and shall be open to public inspection at all reasonable times.
(5) The board has exclusive jurisdiction to hear appeals arising from the approval, denial, conditioning, or modification of a permit issued by the department: (a) Under the authority granted in RCW 77.55.021 for the diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020; (b) under the authority granted in RCW 77.55.241 for off-site mitigation proposals; (c) under the authority granted in RCW 77.55.141; or (d) under the authority granted in RCW 77.55.181.
(6)(a) Any person aggrieved by the approval, denial, conditioning, or modification of a permit under RCW 77.55.021 may, except as otherwise provided in chapter 43.21L RCW, seek review from the board by filing a request for the same within thirty days of notice of the approval, denial, conditioning, or modification of the permit.
(b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings.
[2005 c 146 § 801; 2003 c 393 § 21; 2000 c 107 § 20; 1996 c 276 § 2; 1993 sp.s. c 2 § 37; 1989 c 175 § 160; 1988 c 272 § 3; 1988 c 36 § 37; 1986 c 173 § 4. Formerly RCW 77.55.170, 75.20.130.]
Notes: Part headings not law -- 2005 c 146: See note following RCW 77.55.011.
Implementation -- Effective date -- 2003 c 393: See RCW 43.21L.900 and 43.21L.901.
Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Severability -- 1993 sp.s. c 2: See RCW 43.300.901.
Effective date -- 1989 c 175: See note following RCW 34.05.010.
Severability -- 1988 c 272: "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." [1988 c 272 § 6.]
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77.55.311
Hydraulic appeals board — Procedures.
(1) In all appeals, the board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions, but such powers shall be exercised in conformity with chapter 34.05 RCW.
(2) In all appeals, the board, and each member thereof, shall be subject to all duties imposed upon and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings.
(3) All proceedings before the board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may prescribe. Such rules shall be published and distributed.
(4) Judicial review of a decision of the board may be obtained only pursuant to RCW 34.05.510 through 34.05.598.
[2005 c 146 § 802; 1995 c 382 § 7; 1989 c 175 § 161; 1986 c 173 § 5. Formerly RCW 77.55.180, 75.20.140.]
Notes: Part headings not law -- 2005 c 146: See note following RCW 77.55.011.
Effective date -- 1989 c 175: See note following RCW 34.05.010.