Washington Code 80.28.275 – Water or wastewater companies — Assumption of substandard water system or system of sewerage — Limited immunity from liability
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A water company or a wastewater company assuming responsibility for a water system or system of sewerage that is not in compliance with state or federal requirements, and its agents and employees, are immune from lawsuits or causes of action, based on noncompliance with state or federal requirements, which predate the date of assuming responsibility and continue after the date of assuming responsibility, provided that the water company or wastewater company has submitted and is complying with a plan and schedule of improvements approved by the department of health or the department of ecology, as appropriate to the agencies’ jurisdiction. This immunity expires on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith and is subject to the provisions of law governing clean water as referenced by the commission by rule.
NOTES:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
Terms Used In Washington Code 80.28.275
- Commission: means the utilities and transportation commission. See Washington Code 80.04.010
- Department: means the department of health. See Washington Code 80.04.010
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- System of sewerage: means collection, treatment, and disposal facilities and services for sewerage, or storm or surface water runoff. See Washington Code 80.04.010
- Wastewater company: means a corporation, company, association, joint stock association, partnership and person, their lessees, trustees, or receivers that owns or proposes to develop and own a system of sewerage that is designed for a peak flow of twenty-seven thousand to one hundred thousand gallons per day if treatment is by a large on-site sewerage system, or to serve one hundred or more customers. See Washington Code 80.04.010
- Water company: includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, controlling, operating, or managing any water system for hire within this state. See Washington Code 80.04.010
- Water system: includes all real estate, easements, fixtures, personal property, dams, dikes, head gates, weirs, canals, reservoirs, flumes or other structures or appliances operated, owned, used or to be used for or in connection with or to facilitate the supply, storage, distribution, sale, furnishing, diversion, carriage, apportionment or measurement of water for power, irrigation, reclamation, manufacturing, municipal, domestic or other beneficial uses for hire. See Washington Code 80.04.010