(1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.

(2) A person violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Repeat violations are subject to a civil penalty not to exceed $10,000 for each repeat offense.

(3) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board.

(4) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180.