WAC 16-200-7402   Definitions -- Penalty assignment.  In addition to the definitions set forth in RCW 15.54.270 and WAC 16-200-695, the following shall apply to WAC 16-200-7401 through 16-200-7407.

     (1) "Adverse effect(s)" means that the effects resulting from violations of chapter 15.54 RCW or the rules adopted under it actually causes, or creates the possibility of damage or injury to humans, animals, plants, property or the environment, or causes or creates the possibility of a threat to public health.

     (2) "Level of violation" means that the alleged violation is a first, second, third, fourth, or more violation(s).

     (a) First violation. This means the alleged violator has committed no prior violation within three years of committing the current alleged violation.

     (b) Second violation. This means the alleged violator committed one prior violation within three years of committing the current alleged violation.

     (c) Third violation. This means the alleged violator committed two prior violations within three years of committing the current alleged violation.

     (d) Fourth violation. This means the alleged violator committed three or more prior violations within three years of committing the current alleged violation.

     (e) For purposes of calculating the level of violation, prior violations will be measured from the date that a final action was taken by the department and not from the date that the violation(s) occurred.

     (3) "Not probable" means that the alleged violator's conduct more likely than not would not have an adverse effect.

     (4) "Probable" means that the alleged violator's conduct more likely than not would have an adverse effect.

     (5) "Violation" means commission of an act or acts prohibited by chapter 15.54 RCW, and/or rules adopted under it.

     (6) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance with state or federal law, or rules. The term does not include any criminal penalty, damage assessment, wages, premiums, taxes owed, interest or late fees on any existing obligation.

     (7) "Notice of correction" means a document issued by the department that describes a condition or conduct that is not in compliance with chapter 15.54 RCW, or the rules adopted under it and is not subject to civil penalties as provided for in RCW 43.05.110. A notice of correction is not a formal enforcement action, is not subject to appeal and is a public record.

     (8) "Notice of intent" means a document issued by the department that alleges specific violations of chapter 15.54 RCW, or any rules adopted under it. A notice of intent is a formal enforcement document issued with the intent to assess civil penalties to the alleged violator and/or to deny or cancel a license issued under the authority of chapter 15.54 RCW.



[Statutory Authority: Chapters 15.54, 34.05 RCW. 03-02-100, § 16-200-7402, filed 1/2/03, effective 2/2/03.]