(1) For producers out of compliance with the registration, reporting, or labeling requirements of RCW 70A.245.020, 70A.245.030, or 70A.245.060, the department shall provide written notification and offer information to producers. For the purposes of this section, written notification serves as notice of the violation. The department must issue at least two notices of violation by certified mail prior to assessing a penalty under subsection (2) of this section.

(2) A producer in violation of the registration, reporting, or labeling requirements in RCW 70A.245.020, 70A.245.030, or 70A.245.060 is subject to a civil penalty for each day of violation in an amount not to exceed $1,000.

(3) Penalties collected under this section must be deposited in the recycling enhancement account created in RCW 70A.245.100.

(4) Penalties issued under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.

Finding—Intent—2021 c 313: See note following RCW 70A.245.010.