Wash. Admin. Code § 16-228-1130

Current through Register Vol. 24-20, October 15, 2024
Section 16-228-1130 - Penalty assignment schedules-Tables I, II, and III

Table I Licensing Violations

Level of Violation

Commercial Applicator Operating Unlicensed

Pesticide Dealer Distributing Restricted Use Pesticides Unlicensed

All Other Violations for Operating Unlicensed

First

$2,500

$1,000

$1,000

Second

$5,000

$2,500

$2,500

Third or more

$7,500

$5,000

$5,000

Table II Worker Protection Standard Violations

Level of Violation

WAC 16-233-021(6) providing emergency assistance.

WAC 16-233-201 failure to provide sufficient training to handlers prior to mixing or applying category 1 pesticides, unless handler is exempt from training requirements.

WAC 16-233-211(3) and (4) monitoring handlers applying highly toxic and enclosed space fumigants.

WAC 16-233-216 PPE for handlers.

WAC 16-233-221 decontamination and eye flush for handlers.

WAC 16-233-311 protection of early-entry workers.

All other violations of chapter 16-233 WAC, excluding WAC 16-233-211(1), that warrant a civil penalty

First

$1,000

$500

Second

$2,000

$750

Third or more

$3,000

$1,000

Table III Base Penalties

Level of Violation

Human Exposure

Adverse Effects Probable (Other than Human Exposure)

Adverse Effects Not Probable

First

$1,500 and five-day license suspension

$1,000 and four-day license suspension

$300

Second

$3,000 and 10-day license suspension, denial, or revocation

$2,000 and eight-day license suspension, denial, or revocation

$600

Third or more

$6,000 and 20-day license suspension, denial, or revocation

$4,000 and 16-day license suspension, denial, or revocation

$1,200 and three-day license suspension, denial, or revocation

Wash. Admin. Code § 16-228-1130

Amended by WSR 23-04-041, Filed 1/26/2023, effective 4/1/2023

Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1130, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. 01-01-058, § 16-228-1130, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1130, filed 10/20/99, effective 11/20/99.