Title 88, Title 88 NAVIGATION AND HARBOR IMPROVEMENTS
11 chapters · 172 sections in this title.
RCW 88.24.070 County acquisition by condemnation of right-of-way.
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In cases where a person or persons, firm or corporation has acquired a right, title or interest in and to the tidelands or other lands over which it is proposed to build, construct or maintain such wharf or landing, whether such interest be a title in fee simple or as lessee or u…
RCW 88.26.010 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Charges" means charges of a private moorage facility operator for moorage and storage, all other charges owing to or that become owing under a contract between a vess…
RCW 88.26.020 Securing vessels—Notice—Moving vessels ashore—Regaining possession—Abandoned vessels—Public sale.
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(1)(a) Any private moorage facility operator may take reasonable measures, including the use of chains, ropes, and locks, or removal from the water, to secure vessels within the private moorage facility so that the vessels are in the possession and control of the operator and can…
RCW 88.26.030 Insurance requirements.
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(1) Every private moorage facility operator must:(a) Obtain and maintain insurance coverage for the private moorage facility;(b) Require, as a condition of moorage, all vessels other than transient vessels to provide proof of marine insurance to the moorage facility.(2) Unless ru…
RCW 88.28.050 Obstructing navigation—Penalty.
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Every person who shall in any manner obstruct the navigable portion or channel of any bay, harbor, or river or stream, within or bordering upon this state, navigable and generally used for the navigation of vessels, boats, or other watercrafts, or for the floating down of logs, c…
RCW 88.28.055 Closure of Camas Slough.
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The department of transportation may for highway purposes close off by fill or embankment all water transportation on Camas Slough, a part of the Columbia River extending from a point of land at the confluence of the left bank of the Washougal River and the right bank of the Colu…
RCW 88.28.060 Discharging ballast, when prohibited—Exception—City areas—Penalty.
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Every master or mate, or other officer or other person, belonging to or in charge of any vessel, who shall discharge or cause to be discharged the ballast of such vessels into the navigable portions or channels of any of the inlets, bays, harbors or rivers within or bordering on …
RCW 88.32.010 Districts authorized.
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Every county in this state is hereby authorized and empowered, by and through its county commissioners, whenever the government of the United States is intending or proposing the construction or operation of any river, lake, canal or harbor improvement, partly or wholly within su…
RCW 88.32.020 Improvement commission—Appointment—Oath.
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Whenever the board of county commissioners of any such county shall have adjudged as provided in RCW 88.32.010, said board shall thereupon apply to the person, who, for the time being, shall be judge of the United States district court, for the district within which the county sh…
RCW 88.32.030 Improvement commission—Notification of appointment—Organization.
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The board of county commissioners of the county, or of the oldest county in case of counties joining, shall cause the persons named for the commission to be notified of their appointment in a notice that shall name all such persons and shall designate the time and place of the fi…
RCW 88.32.040 Establishment of assessment district—Assessments—State lands.
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It shall be the duty of such commission to define and establish an assessment district, within such county, comprising all the taxable real property, and also (with the limitations hereinafter expressed) the state shorelands, which shall be specially benefited by said river, lake…
RCW 88.32.060 Assessment roll.
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Such commission shall also make, or cause to be made, an assessment roll, in which shall appear the names of the owners of the property assessed, so far as known, the description of each lot, block, parcel or tract of land within such assessment district, and the amount assessed …
RCW 88.32.070 Hearing on roll—Date—Notice.
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After the return of the assessment roll to the county legislative authority it shall make an order setting a day for the hearing upon any objections to the assessment roll by any parties affected thereby who shall be heard by the county legislative authority as a board of equaliz…
RCW 88.32.080 Hearing on roll—Objections—Certification for collection.
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Any person interested in any real estate affected by such assessment may appear and file objections to the assessment roll, and the board of county commissioners may make an order regarding the time of filing such objections, as to them seems proper. As to all parcels, lots or bl…
RCW 88.32.090 Appeal from final assessment.
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Any person who feels aggrieved by the final assessment made against any lot, block, or parcel of land owned by him or her may appeal therefrom to the superior court of such county. Such appeal shall be taken within the time, and substantially in the manner prescribed by the laws …
RCW 88.32.100 Lien of assessment—Collection—Payment—Interest.
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The final assessment shall be a lien, paramount to all other liens, except liens for taxes and other special assessments, upon the property assessed, from the time the assessment roll shall be approved by said board of county commissioners and placed in the hands of the county tr…
RCW 88.32.130 Local improvement fund—Disbursements.
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All moneys paid or collected on account of any assessments made pursuant to RCW 88.32.010 through 88.32.220, shall be kept by the county treasurer in the county depository separate and apart from the other funds of the county, in a fund to be established by the board of county co…
RCW 88.32.140 Bonds—Issuance—Sale—Form.
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(1) In all cases, the county, as the agent of the local improvement district, shall, by resolution of its county legislative authority, cause to be issued in the name of the county, the bonds for such local improvement district for the whole estimated cost of such improvement, le…
RCW 88.32.160 Bonds—Execution.
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Each and every bond issued for any such improvement shall be signed by the chair of the county legislative authority and the county auditor, sealed with the corporate seal of the county, and attested by the county clerk. The bonds issued for each local improvement district shall …
RCW 88.32.170 Payment in full—Calls for bonds, notice—Bond owners' rights.
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The owner of any lot or parcel of land charged with any assessment as provided for hereinabove, may redeem the same from all liability by paying the entire assessment charged against such lot or parcel of land, or part thereof, without interest, within thirty days after notice to…
RCW 88.32.180 Improvement by counties jointly.
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Two or more adjoining counties, in which are lands to be benefited by any such improvement as is hereinbefore mentioned, and as will be partly or wholly within one or more of them, may jointly take advantage of the provisions of RCW 88.32.010 through 88.32.220, and the procedure …
RCW 88.32.190 Improvement by counties jointly—Procedure.
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In every case of such joint action, the preliminary procedure of RCW 88.32.010 having been first had in each county severally, the board of county commissioners of the several counties proposing to join shall unite in such an application as is prescribed in RCW 88.32.020, and the…
RCW 88.32.200 Improvement by counties jointly—Joint board of equalization.
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For purposes of a board of equalization, said boards shall from time to time meet as a joint board as aforesaid, and have a chair and clerk as aforesaid, and for all purposes under RCW 88.32.070 and 88.32.080, in case of counties joining, the word board wherever occurring in said…
RCW 88.32.210 Improvement by counties jointly—Joint assessment roll—Filing, appeals, subsequent proceedings.
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The minutes of the proceedings of the joint board and the assessment roll as finally settled by such board shall be made up in as many counterparts as there are counties joining as aforesaid, and shall be signed by the chair and clerk of said board, and one of said counterparts s…
RCW 88.32.220 Improvement by counties jointly—Expenses of joint board.
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The joint board shall keep careful account of its necessary expenses and shall apportion and charge the same to the counties joining, and certify to the board of county commissioners of each such county an itemized statement of the entire account and of the proportionate part of …
RCW 88.32.230 Joint aid river and harbor improvements—Bonds—Election.
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Whenever the county legislative authority of any county with a population of one hundred twenty-five thousand or more deems it for the interest of the county to engage in or to aid the United States of America, the state of Washington, or any adjoining county or any city of this …
RCW 88.32.235 Joint aid river and harbor improvements—Declared county purpose.
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Any and every such purpose as is mentioned in the foregoing section is hereby declared to be a county purpose.[ 1911 c 3 s 2; RRS s 9667. Formerly RCW 88.32.230, part.]
RCW 88.32.240 Joint planning for improvement of navigable river—Development of river valley.
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Any county together with any port district therein and first-class city in such county may participate jointly in surveys, investigations and studies for determining the location, type and design, with cost estimates, of a project plan for the improvement of any section or sectio…
RCW 88.32.250 Joint planning for improvement of navigable river—Contract—Joint board to control and direct work.
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The joint participation shall be under a contract in writing made in the names of the county, port district, and city, under ordinance or resolution that provides the nature and extent of the work, the extent of the participation of the parties, the division of the costs, and met…
RCW 88.40.005 Intent.
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The legislature recognizes that oil and hazardous substance spills and other forms of incremental pollution present serious danger to the fragile marine environment of Washington state. It is the intent and purpose of this chapter to define and prescribe financial responsibility …
RCW 88.40.011 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Barge" means a vessel that is not self-propelled.(2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capabl…
RCW 88.40.020 Financial responsibility for vessels—Department may update hazardous substances.
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(1) The owner or operator of any barge that transports hazardous substances in bulk as cargo, using any port or place in the state of Washington or the navigable waters of the state shall demonstrate financial responsibility in the amount of the greater of $5,000,000, or $300 per…
RCW 88.40.025 Financial responsibility for onshore or offshore facilities.
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An onshore or offshore facility shall demonstrate financial responsibility in an amount determined by the department as necessary to compensate the state and affected federally recognized Indian tribes, counties, and cities for damages that might occur during a reasonable worst c…
RCW 88.40.030 Financial responsibility—Documentation—Qualification as self-insurer—Certificate.
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(1) The owner or operator of a vessel or facility that is required to demonstrate financial responsibility under this chapter may do so by any one of, or a combination of, the following methods acceptable to the department:(a) Evidence of insurance;(b) Surety bonds;(c) Guaranty;(…
RCW 88.40.040 Financial responsibility—Enforcement of federal oil pollution act—Holder of certificate, duties—Director.
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(1) The owner or operator of a vessel is not required to demonstrate financial responsibility under this chapter prior to using any port or place in Washington or state waters when necessary to avoid injury to the vessel's crew or passengers. Any vessel owner or operator that doe…
RCW 88.40.060 Violations—Appealable certificate.
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(1) Violations of the requirements of this chapter are subject to criminal penalties as provided in RCW 90.56.300 and civil penalties as provided in RCW 90.56.310.(2) A determination by the department to issue, modify, suspend, revoke, or terminate a certificate issued under this…
RCW 88.46.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, tra…
RCW 88.46.020 Coordination with federal law.
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In carrying out the purposes of this chapter, including the adoption of rules for contingency plans, the director shall to the greatest extent practicable implement this chapter in a manner consistent with federal law.[ 2000 c 69 s 2; 1991 c 200 s 415.]
RCW 88.46.030 Tank vessel inspection programs.
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(1) All tank vessels entering the navigable waters of the state shall be subject to inspection to assure that they comply with all applicable federal and state standards.(2) The department shall review the tank vessel inspection programs conducted by the United States coast guard…
RCW 88.46.040 Prevention plans.
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(1) The owner or operator for each tank vessel shall prepare and submit to the department an oil spill prevention plan in conformance with the requirements of this chapter. The plans shall be submitted to the department in the time and manner directed by the department. The spill…
RCW 88.46.050 Vessel screening.
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(1) In order to ensure the safety of marine transportation within the navigable waters of the state and to protect the state's natural resources, the department shall adopt rules for determining whether cargo vessels and passenger vessels entering the navigable waters of the stat…
RCW 88.46.060 Contingency plans.
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(1) Each covered vessel shall have a contingency plan for the containment and cleanup of oil spills from the covered vessel into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property from such …
RCW 88.46.0601 Contingency plans—Department to update rules.
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By December 31, 2019, consistent with the authority under RCW 88.46.060, the department must update rules for contingency plans to require:(1) Covered vessels to address situations where oils, depending on their qualities, weathering, environmental factors, and method of discharg…
RCW 88.46.062 Nonprofit corporation providing contingency plan—Findings—Termination of maritime commission.
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(1) The legislature finds that there is a need to continue to provide oil spill response and contingency plan coverage for vessels that do not have their own contingency plans that transit the waters of this state. A nonprofit corporation shall be established for the sole purpose…
RCW 88.46.063 Nonprofit corporation providing contingency plan—Transfer of functions and assets from maritime commission.
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All reports, documents, surveys, books, records, files, papers, written materials, tangible property, and assets, including contracts and assessment moneys held by the maritime commission shall be transferred to the nonprofit corporation created under RCW 88.46.062. Funds transfe…
RCW 88.46.065 Nonprofit corporation providing contingency plan—Liability limited.
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A nonprofit corporation established for the sole purpose of providing contingency plan coverage for any vessel in compliance with RCW 88.46.060 is entitled to liability protection as provided in this section. Obligations incurred by the corporation and any other liabilities or cl…
RCW 88.46.068 Adequacy of contingency plans—Practice drills—Rules.
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The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 88.46.060. The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannou…
RCW 88.46.070 Enforcement of prevention plans and contingency plans—Determination of violation—Order or directive—Notice.
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(1) The provisions of prevention plans and contingency plans approved by the department pursuant to this chapter shall be legally binding on those persons submitting them to the department and on their successors, assigns, agents, and employees. The superior court shall have juri…
RCW 88.46.073 Violations of rules—Enforcement.
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If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of any rules adopted under this chapter, the director may institute such actions as authorized under RCW 88.46.070 (2) and (3).[ 2006 c 316 s 3.]Notes:Sever…
RCW 88.46.080 Unlawful operation of a covered vessel—Penalties—Evidence of approved contingency plan or prevention plan.
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(1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state a covered vessel without an approved contingency plan or an approved prevention plan as req…