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Civil Penalties

The Agency is authorized by the state Clean Air Act (Act) to issue civil penalties to individuals and companies who violate the Act or the Agency’s regulations. In addition, there is information about civil penalties in Agency Regulation I, Sections 3.09 and 3.11.

 

 Responding to Civil Penalties

 

If you received a civil penalty from the agency, you must respond within thirty (30) days. Failure to respond may result in agency action in superior court to recover the penalty.

There are a variety of ways to respond to a civil penalty:

ASK THE AGENCY​ TO REVIEW Y​OUR CASE (REQUEST MITIGATION)
If you have new information for the agency to consider, you may request mitigation. To request mitigation:
  • Submit your request in writing to the agency via mail, e-mail, or fax within 30 days of receiving the penalty; and
  • Include a copy of the penalty and explain the information you want the agency to review.
  • If you would like to schedule a meeting or telephone call with the agency to discuss your case, please include that in your request.

In about 4-8 weeks, the agency will send you a letter with the results of its review of your case. The letter will describe your next options, which include appealing or paying the civil penalty. The agency may also make a settlement offer to you after reviewing your case. You can still file an appeal after the mitigation process is completed.

For assistance please contact us.​

Accept the Proposed Settlement Agreement (If one has been offered)
If you agree to the terms of the proposed Settlement Agreement:
  • Sign and date the Settlement Agreement
  • Return it to the agency via mail, e-mail, or fax within 30 days
  • Comply with the Settlement Agreement

For assistance please contact us.​

Pay the Penal​ty in Full
If you wish to pay the civil penalty, you can:
  • Call the agency finance department at 206-689-4014 to make a payment by credit card​ over the phone; or
  • Send a check to the agency (write the penalty number on your check)

For assistance please contact us.​

Appeal the Penalty to the Pollution Control Hearings Board (PCHB)

The PCHB hears appeals of civil penalties issued by the agency. The Board's function is to provide you a full and complete administrative hearing, as promptly as possible, followed by a fair and impartial written decision based on the facts and law. The Board is independent and is not part of the agency.

Appeals of civil penalties must be sent to the PCHB and copied to the agency within 30 days of your receipt of the penalty. For assistance or more information about how to file an appeal and what to expect from the appeal process, please contact the PCHB:

Postal Mail:​ Pollution Control Hearings Board
PO Box 40903
Olympia, WA 98504-0903​
Phone:​ 360-664-9160
Fax:​ ​360-586-2253
Email:​ eluho@eluho.wa.gov
Website:​ www.eluho.wa.gov