Washington Code 90.56.300 – Unlawful operation of facility — Criminal penalties
Current as of: 2023 | Check for updates
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(1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state an onshore or offshore facility without an approved contingency plan or an approved prevention plan as required by this chapter, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C felony | up to 5 years | up to $10,000 |
| gross misdemeanor | up to 364 days | up to $5,000 |
Terms Used In Washington Code 90.56.300
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2)(a) The first conviction under this section is a gross misdemeanor under chapter 9A.20 RCW.
(b) A second or subsequent conviction is a class C felony under chapter 9A.20 RCW.
(3) It shall not be unlawful for the owner or operator to operate an onshore or offshore facility if:
(a) The facility is not required to have a contingency plan, spill prevention plan, or financial responsibility; or
(b) All required plans have been submitted to the department as required by RCW 90.56.210 and rules adopted by the department and the department is reviewing the plan and has not denied approval.
NOTES:
Reviser’s note: *(1) RCW 90.56.210 was amended by 2015 c 274 § 5, changing subsection (7) to subsection (8).
**(2) RCW 90.56.200 was amended by 2015 c 274 § 4, changing subsection (4) to subsection (5).
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.