PDFWAC 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 |
[Statutory Authority: RCW 15.58.040 and 17.21.030. WSR 23-04-041, § 16-228-1130, filed 1/26/23, effective 4/1/23. Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1130, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. WSR 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. WSR 99-22-002, § 16-228-1130, filed 10/20/99, effective 11/20/99.]