41.20.250 Enforcement.
(1) The Health Officer or his/her appointed representative is authorized to enforce the provisions of this chapter. The Health Officer, his/her authorized representatives, the Clallam County Sheriff or his deputies are enforcement officers within the meaning of Chapter 7.80 RCW and are authorized to enforce the provisions of Chapter 7.80 RCW.
(2) The Health Officer or designee shall investigate any facts which lead them to believe that a person, use or condition is in violation of this chapter as outlined in the Environmental Health Services’ Response Protocol.
(3) Legal proceedings authorized under this chapter include but are not limited to:
(a) Informal administrative conferences, convened at the request of the Health Officer or owner, to explore facts and resolve problems;
(b) Orders directed to the owner and/or operator of the OSS and/or person causing or responsible for the violation of the rules of this chapter;
(c) Denial, suspension, modification, or revocation of permits, approvals, certificate, or license; and
(d) Administrative, civil, or criminal action.
(4) Orders authorized under this section include but are not limited to the following:
(a) Orders requiring corrective measures necessary to effect compliance with this chapter which may include a compliance schedule;
(b) Orders to stop work and/or refrain from using any OSS or portion of the OSS or improvements to the OSS until all permits, certifications, and approvals required by rule or statute are obtained;
(c) Orders to vacate the premises and/or property;
(d) Revocation or suspension of permits, licenses, or certificates.
(5) Notices of violation and enforcement orders issued under this section are to be in writing and include elements listed in the EHS Response Protocol.
(6) Service of all orders, administrative penalties, and assessed costs are to be in person or by certified mail to the alleged violator’s and/or property owner’s last known place of residence. Date of service shall be the date personally served or the date the certified mail was correctly deposited in the U.S. mail.
(7) Extensions. Upon written request received prior to the correction date or time, the Health Officer is authorized to grant an extension in time, or a modification in the terms, of the agreement if the person responsible for the alleged violation has shown progress toward correction of the violation and no threat to public health is determined to exist.
(8) Supplemental Order to Correct Violation. The Health Officer has authorization to, at any time, add to, rescind in part, or otherwise modify a notice and order to correct violation. The supplemental order shall be governed by the same procedures applicable to all notice and order to correct violation procedures contained in these regulations.
(9) Written Assurance of Discontinuance/Voluntary Compliance Schedule. A person found to be in violation of these regulations may submit a written assurance to discontinue the violation, or a voluntary compliance schedule. Failure to comply with the written assurance of discontinuance or the compliance schedule shall be a further violation of this chapter. The Health Officer is authorized and may use any remedy or penalty under this chapter to enforce the terms of the agreement.
(10) Stop Work Orders. The Health Officer has authority to cause a stop work order to be issued whenever the Health Officer has reason to believe that a violation of this regulation is occurring. The effect of the stop work order shall be to require the immediate cessation of such work or activity that has contributed to the violation until such time the Health Officer has removed the order. It shall be governed by the same procedures applicable to all notice and order to correct violation procedures contained in these regulations. In addition to the service of the order, an additional notice shall be posted on the property.
(11) Enforcement of Order. If, after order is duly issued by the Health Officer, the person to whom such order is directed fails, neglects, or refuses to obey such order, the Health Officer is authorized to:
(a) Utilize any remedy or penalty specified within these regulations;
(b) Abate the health violation using the procedures of these regulations;
(c) Pursue any other appropriate remedy at law or equity.
(12) The Health Officer shall have cause to deny the application or reapplication for a permit and/or license, or to revoke, suspend, or modify a required permit and/or license, of any person who has:
(a) Failed or refused to comply with the provisions of this chapter or any other statutory provision or rule regulating the operations of an OSS; or
(b) Obtained or attempted to obtain a permit or any other required certificate or approval by misrepresentation.
(13) Right of Entry.
(a) Whenever necessary to make an inspection to enforce or determine compliance with the provisions of these regulations, and other relevant laws and regulations, or whenever the Health Officer has cause to believe that a violation of these regulations has been or is being committed, the Health Officer has authorization to, in accordance with federal and State law, seek entry of any building, structure, property, or portion thereof, at reasonable times to inspect the same.
(b) If consent to enter said building, structure, property, or portion thereof is not provided by the owner, occupier, or other persons having the authority to give consent, the Health Officer shall also have recourse to any other remedies provided by law to secure entry, including but not limited to search warrants as authorized by RCW 70.118.030.
(14) Any violation of this chapter is a misdemeanor as defined by RCW 9A.04.040.