(1) Penalties apply when a retailer, wholesaler, distributor, or electric utility fails to come into compliance with this chapter.

(2) Failure to comply with the warning letter within sixty days will result in a penalty of up to five hundred dollars for each violation; a violation is one day of noncompliance.

This penalty will be waived if the distribution or sale of mercury-containing lights is discontinued within thirty days of the date the penalty was assessed.

(3) The department will deposit all penalties collected under this section into the mercury-containing lights recycling account created under chapter 70.275 RCW.

(4) To correct a violation the recipient must:

(a) Meet the requirements in the warning or penalty letter from the department; and

(b) Pay any penalties due to the department.

(5) Penalties may be appealed to the pollution control hearings board, pursuant to chapter 43.21B RCW.