§ 43.21B.310. Appeal of orders, permits, and licenses
(1) Except as provided in RCW 90.03.210(2), any order issued by the department or local air authority pursuant to RCW 70.94.211, 70.94.332, 70.105.095, 43.27A.190, 86.16.020, 88.46.070, or 90.48.120(2) or any provision enacted after July 26, 1987, or any permit, certificate, or license issued by the department may be appealed to the pollution control hearings board if the appeal is filed with the board and served on the department or authority within thirty days after the date of receipt of the order. Except as provided under chapter 70.105D RCW and RCW 90.03.210(2), this is the exclusive means of appeal of such an order.
(2) The department or the authority in its discretion may stay the effectiveness of an order during the pendency of such an appeal.
(3) At any time during the pendency of an appeal of such an order to the board, the appellant may apply pursuant to RCW 43.21B.320 to the hearings board for a stay of the order or for the removal thereof.
(4) Any appeal must contain the following in accordance with the rules of the hearings board:
(a) The appellant's name and address;
(b) The date and docket number of the order, permit, or license appealed;
(c) A description of the substance of the order, permit, or license that is the subject of the appeal;
(d) A clear, separate, and concise statement of every error alleged to have been committed;
(e) A clear and concise statement of facts upon which the requester relies to sustain his or her statements of error; and
(f) A statement setting forth the relief sought.
(5) Upon failure to comply with any final order of the department, the attorney general, on request of the department, may bring an action in the superior court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary, including injunctive relief, to insure compliance with the order. The air authorities may bring similar actions to enforce their orders.
(6) An appealable decision or order shall be identified as such and shall contain a conspicuous notice to the recipient that it may be appealed only by filing an appeal with the hearings board and serving it on the department within thirty days of the date of receipt.
[2004 c 204 § 5. Prior: 2001 c 220 § 4; 2001 c 36 § 3; 1992 c 73 § 3; 1989 c 2 § 14 (Initiative Measure No. 97, approved November 8, 1988); (1987 3rd ex.s. c 2 § 49 repealed by 1989 c 2 § 24, effective March 1, 1989); 1987 c 109 § 6.]
Notes:
Intent -- Construction -- Effective date -- 2001 c 220: See notes following RCW 43.21B.110.
Effective dates -- Severability -- 1992 c 73: See RCW 82.23B.902 and 90.56.905.
Short title -- Construction -- Existing agreements -- Effective date -- Severability -- 1989 c 2: See RCW 70.105D.900 and 70.105D.910 through 70.105D.921, respectively.
Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.
Sections: Previous 43.21B.130 43.21B.160 43.21B.170 43.21B.180 43.21B.190 43.21B.230 43.21B.240 43.21B.250 43.21B.260 43.21B.300 43.21B.305 43.21B.310 43.21B.320 43.21B.330 43.21B.900 Next
Last modified: April 7, 2009