S-1515.1
_______________________________________________
SUBSTITUTE SENATE BILL 5190
_______________________________________________
State of Washington
56th Legislature
1999 Regular Session
By Senate Committee on Environmental Quality & Water Resources
(originally sponsored by Senators Swecker, Fraser, Rasmussen,
T. Sheldon and Winsley)Read first time 02/15/1999.
AN ACT Relating to lakes management; amending
RCW 85.38.010,
36.61.020, 36.61.270, 75.20.100, 90.48.445, and 17.24.051; adding
new
chapters to Title 90 RCW; creating a new section; and repealing
RCW36.61.115.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
{+ NEW SECTION. +} Sec. 1.
The legislature finds that the
environmental, recreational, and aesthetic values of many of the
state's lakes are threatened by eutrophication and other deterioration
and that existing governmental authorities are unable to improve
and
maintain the quality of the state's lakes adequately. It
is the
purpose of this chapter to allow the creation of a new type of
special
district authorized to embark on a program of lake improvement
and
maintenance for the general public's benefit, health, and welfare.
{+ NEW SECTION. +} Sec. 2.
(1) Lake management service areas may
be created and provide lake management services and facilities,
including facilities and services to: (a) Maintain and restore
lakes;
(b) enhance water quality; (c) control and maintain water levels;
(d)
provide fish ladders and other devices to conserve fish and game
fish;
(e) divert and treat storm water before its disposal in a lake;
(f)
control agricultural wastes; (g) study lake water quality problems
and
solutions; (h) clean and maintain ditches and streams entering
or
leaving a lake; and (i) provide drainage control, storm water control,
and surface water control improvements and activities. A
lake
management service area may take the necessary administrative,
engineering, legal, and operational actions associated with its
substantive authorities. No lake management service area
activities
shall adversely affect any existing property or water rights.
(2) A lake management service area is
a quasi-municipal corporation
possessing the normal authorities of a quasi-municipal corporation
including, but not limited to, the authority to: (a) Acquire,
purchase, or lease, in its own name, necessary property, property
rights, facilities, and equipment; (b) sell or exchange surplus
property, property rights, facilities, and equipment; (c) accept
funds
and property by loan, grant, gift, or otherwise from the United
States,
the state of Washington, or any other public or private source;
(d)
hire staff, employees, or services, or use voluntary labor; (e)
sue and
be sued; (f) enter into contracts, including interlocal contracts
and
agreements under chapter 39.34 RCW; and (g) cooperate with or join
the
United States, the state of Washington, or any other public or
private
entity or person for municipality purposes.
{+ NEW SECTION. +} Sec. 3.
A lake management service area shall
be governed by a three-member governing body, the members of which
are
elected to three-year staggered terms of office. The provisions
of
chapter 85.38 RCW relating to the appointing of the initial members
of
the governing body of a special district, subsequent election of
members of the governing body of a special district, and filling
of a
vacancy, apply to the governing body of a lake management service
area.
{+ NEW SECTION. +} Sec. 4.
Elections and franchise rights in a
lake management service area shall conform with the provisions
of
chapter 85.38 RCW relating to the elections and franchise rights
in a
special district, except that a property owner shall not receive
added
votes based upon the extent of his or her ownership of land within
the
service area and the ownership of lake bottom property within the
lake
management service area shall not grant franchise rights.
{+ NEW SECTION. +} Sec. 5.
The provisions of chapter 85.38 RCW
relating to the following matters in special districts apply to
lake
management service areas: (1) The procedure
to create a special district;
(2) The filing of bonds by members of
the governing body;
(3) The adoption of a budget, imposition
of special assessments,
and imposition of rates and charges by a special district that
was
created after July 28, 1985, except that liens for special assessments
and liens for rates and charges shall not extend to public property
and
special assessments or rates and charges shall not be imposed on
lake
bottom property;
(4) Issuing special assessment bonds,
refunding special assessment
bonds, and creating a special assessment bond guaranty fund;
(5) Limitations on constructing improvements
by employees of the
special district; and
(6) Annexing contiguous territory, consolidating
contiguous special
districts, withdrawing areas from a special district that are located
in a city or town, transferring territory from one special district
to
another special district, suspending the operations of a special
district, and reactivating a special district that had its operationssuspended.
Sec. 6. RCW 85.38.010 and 1991 c
349 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise,
the definitions in
this section apply throughout this chapter:
(1) "Governing body" means the board of
commissioners, board of
supervisors, or board of directors of a special district.
(2) "Owner of land" means the record owner
of at least a majority
ownership interest in a separate and legally created lot or parcel
of
land, as determined by the records of the county auditor, except
that
if the lot or parcel has been sold under a real estate contract,
the
vendee or grantee shall be deemed to be the owner of such land
for
purposes of authorizing voting rights. It is assumed, unless
shown
otherwise, that the name appearing as the owner of property on
the
property tax rolls is the current owner.
(3) "Qualified voter of a special district"
means a person who is
either: (a) A natural person who is a voter under general
state
election laws, registered to vote in the state of Washington for
a
period of not less than thirty days before the election, and the
owner
of land located in the special district for a period of not less
than
thirty days before the election; (b) a corporation or partnership
that
has owned land located in the special district for a period of
not less
than sixty days before the election; or (c) the state, its agencies
or
political subdivisions that own land in the special district or
lands
proposed to be annexed into the special district except that the
state,
its agencies and political subdivisions shall not be eligible to
vote
to elect a member of the governing board of a special district.
(4) "Special district" means: (a)
A diking district; (b) a
drainage district; (c) a diking, drainage, and/or sewerage improvement
district; (d) an intercounty diking and drainage district; (e)
a
consolidated diking district, drainage district, diking improvement
district, and/or drainage improvement district; (({- or -})) (f)
a
flood control district{+ ; or (g) a lake management service area
+}.
(5) "Special district general election"
means the election of a
special district regularly held on the first Tuesday after the
first
Monday in February in each even-numbered year at which a member
of the
special district governing body is regularly elected.
Sec. 7. RCW 36.61.020 and 1987 c
432 s 2 are each amended to read
as follows: Any county may create lake
management districts to finance the
improvement and maintenance of lakes located within or partially
within
the boundaries of the county. All or a portion of a lake
and the
adjacent land areas may be included within one or more lake management
districts. More than one lake, or portions of lakes, and
the adjacent
land areas may be included in a single lake management district.
(({-
A lake management district may be created for a period of up to
tenyears. -}))
Special assessments or rates and charges
may be imposed on the
property included within a lake management district to finance
lake
improvement and maintenance activities, including: (1) The
control or
removal of aquatic plants and vegetation; (2) water quality; (3)
the
control of water levels; (4) storm water diversion and treatment;
(5)
agricultural waste control; (6) studying lake water quality problems
and solutions; (7) cleaning and maintaining ditches and streams
entering or leaving the lake; and (8) the related administrative,
engineering, legal, and operational costs, including the costs
of
creating the lake management district.
Special assessments or rates and charges
may be imposed annually on
all the land in a lake management district for the duration of
the lake
management district without a related issuance of lake management
district bonds or revenue bonds. Special assessments also
may be
imposed in the manner of special assessments in a local improvement
district with each landowner being given the choice of paying the
entire special assessment in one payment, or to paying installments,
with lake management district bonds being issued to obtain moneys
not
derived by the initial full payment of the special assessments,
and the
installments covering all of the costs related to issuing, selling,
and
redeeming the lake management district bonds.
Sec. 8. RCW 36.61.270 and 1987 c
432 s 11 are each amended to read
as follows:
Whenever rates and charges are to be imposed
in a lake management
district {+ or whenever a previously approved schedule of rates
and
charges is to be adjusted +}, the county legislative authority
shall
prepare a roll of rates and charges that includes those matters
required to be included in a special assessment roll and shall
hold a
public hearing on the proposed roll of rates and charges as provided
under RCW 36.61.120 through 36.61.150 for a special assessment
roll.
The county legislative authority shall have full jurisdiction and
authority to fix, alter, regulate, and control the rates and charges
imposed by a lake management district and may classify the rates
or
charges by any reasonable factor or factors, including benefit,
use,
front footage, acreage, the extent of improvements on the property,
the
type of improvements on the property, uses to which the property
is
put, service to be provided, and any other reasonable factor or
factors. The flexibility to establish rates and charges includes
the
authority to reduce rates and charges on property owned by low-incomepersons.
Except as provided in this section, the
collection of rates and
charges, lien status of unpaid rates and charges, and method of
foreclosing on such liens shall be subject to the provisions of
chapter
36.94 RCW. Public property, including state property, shall
be subject
to the rates and charges to the same extent that private property
is
subject to them, except that liens may not be foreclosed on the
public
property, and the procedure for imposing such rates and charges
on
state property shall conform with the procedure provided for in
chapter
79.44 RCW concerning the imposition of special assessments upon
state
property. The total amount of rates and charges cannot exceed
the cost
of lake improvement or maintenance activities proposed to be financed
by such rates and charges, as specified in the resolution of intention.
Revenue bonds exclusively payable from the rates and charges may
be
issued by the county under chapter 39.46 RCW.
{+ NEW SECTION. +} Sec. 9.
RCW 36.61.115 (Limitation on special
assessments, rates and charges) and 1987 c 432 s 9 are each repealed.
{+ NEW SECTION. +} Sec. 10.
The legislature finds that it is in
the best interest of the people of the state to provide a predictable
approach to control of aquatic plants that is protective of both
human
health and the environment. The legislature intends, through
an
aquatic plant management permit program, to create a coordinated,
timely, and predictable permit process that will assist property
owners
and local governments in controlling aquatic plants.
{+ NEW SECTION. +} Sec. 11.
The definitions in this section apply
throughout this chapter, unless the context requires otherwise.
(1) "Aquatic plant" includes any noxious
weed on the state noxious
weed list adopted under RCW 17.10.080; any other nuisance or beneficial
aquatic plants not on the state noxious weed list; and any algae
or
cyanobacteria.
(2) "Aquatic plant management" means controlling,
eradicating, or
removing aquatic plants through chemical, biological, or mechanicalmeans.
(3) "Aquatic plant management plan" means
any plan that reviews
alternative aquatic plant management methods according to the
principles of integrated pest management, as defined in RCW
17.15.010(1), determines feasible, effective solutions to be
implemented, and provides for the monitoring and evaluation of
the
plan's effectiveness. (4) "Department"
means the department of ecology.
(5) "Person" means an individual or a
public or private entity or
organization and includes local, state, and federal government
agencies, and all business organizations including corporations
andpartnerships.
{+ NEW SECTION. +} Sec. 12.
No person may control, eradicate,
remove, or otherwise alter any aquatic plants in waters of the
state
unless an aquatic plant management permit for such activity has
been
issued by the department, or unless: (1) The removal is incidental
or
unintentional, (2) the activity removes noxious weeds with hand
tools,
or (3) the activity is in waters expressly exempted by this chapter
or
by rule. Application for an aquatic plant management permit
to engage
in aquatic plant management activities shall be made to the department.
{+ NEW SECTION. +} Sec. 13.
(1) The department and the department
of agriculture shall jointly develop rules to implement the aquatic
plant management permit program, in consultation with the department
of
natural resources, the department of health, the department of
fish and
wildlife, and the state noxious weed board. The rules shall
be adopted
by the department. The rules shall be oriented towards developing
solutions to noxious and nuisance aquatic plant problems, shall
provide
first for the protection of human health, and second for the protection
of wildlife and the environment, and shall provide for measurable
results. The rules shall include criteria developed by the
department
of fish and wildlife under chapter 75.20 RCW for the protection
of
fish. The rules shall also be based on the principles of
integrated
pest management as defined in RCW 17.15.010(1) and shall define
a
tiered approach to aquatic plant management, including the tiers
described in section 14 of this act. The rules shall include,
at a
minimum, the following elements:
(a) The submittal requirements for a permit
application;
(b) Criteria for issuing, modifying, or
denying permitapplications;
(c) Operating and threshold requirements
for chemical, biological,
and mechanical controls based on the risk assessment in subsection
(2)
of this section; (d) An administrative
appeals process;
(e) An opportunity for public comment
on permit applications;
(f) Penalties and remedies for noncompliance
by an applicant or the
department;
(g) Maximum timelines for permit issuance,
not to exceed sixty days
from the time a complete application is received;
(h) A method to update the rules periodically
as new information or
products are developed; and
(i) Criteria and forms for state environmental
policy act review
under chapter 43.21C RCW, appropriate to an aquatic environment,
to
expedite issuance of individual permits.
(2) The department and the department
of agriculture shall contract
for a risk assessment of alternative aquatic plant management methods.
Consultants may be nominated by national scientific organizations
or by
the public. Review of chemical control methods shall focus
on issues
specific to Washington state that are not addressed through federal
pesticide registration and labeling. Information in the risk
assessment shall be reviewed by experts in the fields of aquatic
plant
management and water quality, and shall be used to develop the
operating and threshold requirements referenced in subsection (1)(c)
of
this section.
(3) Environmental review of the proposed
rules conducted according
to chapter 43.21C RCW shall incorporate and update all existing
state
environmental policy act documents related to aquatic plant management.
{+ NEW SECTION. +} Sec. 14. (1)
The aquatic plant management
permit program shall include a tiered approach to aquatic plant
management. At a minimum, the permit program shall include
thefollowing tiers:
(a) An expedited permit may be approved
for aquatic plant
management activities on lakes less than five acres where the following
criteria are met: (i) There is no outlet; (ii) there are
no salmonid
fish in the lake; (iii) there is no drinking water use of the lake;
(iv) there is no swimming; and (v) the lake is in single ownership
or
all owners support the exemption. Applicants for an expedited
permit
under this subsection shall submit a notification that establishes
compliance with these criteria and describes measures to ensure
compliance with the limitations on drinking water and swimming
use
during the management activities. The department shall review
the
notification compliance with the criteria, and may deny the permit
only
for inapplicability of the criteria or inadequate measure to enforce
the limitations of the criteria. If the department does not
make a
decision on the permit within thirty days of receiving the
notification, the permit is deemed approved. In such lakes,
any state-
registered aquatic pesticide may be used. Use of the pesticide
shall
be conducted in a manner to protect human health and safety, and
to
prevent injury to nontargeted plant and animal life.
(b) The operating and threshold requirements
of the aquatic plant
management permit established in section 13(1)(c) of this act shall
provide procedures and criteria by which information developed
through
site-specific review in completing the lake management or aquatic
vegetation management plan may be used to formulate specific permit
provisions. State environmental policy act review under chapter
43.21C
RCW must be completed for any aquatic plant management plan.
Waters
with adopted aquatic plant management plans may be issued a multiyear
aquatic plant management permit.
(c) Pilot use of state-registered aquatic
pesticides that does not
meet the operating requirements in section 13(1)(c) of this act
may be
permitted to develop solutions to noxious and nuisance conditions
affecting the public health, to address early infestation of noxious
weeds, and for the purpose of data collection and research to assist
the department with the review and revision of the operating
requirements of the aquatic plant management permit program.
(d) General permits may be issued on a
regional or state-wide basis
to control noxious aquatic weeds. Any person may apply for
coverage
under the general permit.
(2) The department and the department
of agriculture may expand
these tiers to address other circumstances or waters.
{+ NEW SECTION. +} Sec. 15.
The rules developed by the department
and the department of agriculture to implement the aquatic plant
management permit program shall include the requirements of other
aquatic plant management permitting programs, including the water
quality permit required by RCW 90.48.445, the hydraulic project
approval required by RCW 75.20.100 and 75.20.108, and the special
permit for biological control required by RCW 17.24.051.
Issuance of
an aquatic plant management permit satisfies the requirements of
RCW
90.48.445, 75.20.100, and 17.24.051. If an application for
an aquatic
plant management permit includes biological control methods, the
department shall defer to the department of agriculture and the
requirements of RCW 17.24.051. If an application for an aquatic
plant
management permit includes mechanical control methods, the department
shall defer to the department of fish and wildlife and the requirements
of RCW 75.20.100 and 75.20.108. The permit requirements for
mechanical
control of aquatic plants shall be satisfied by the applicant if
the
applicant fulfills the applicable provisions in the "Aquatic Plants
and
Fish" pamphlet issued by the department of fish and wildlife under
RCW75.20.108.
Sec. 16. RCW 75.20.100 and 1998
c 190 s 87 are each amended to
read as follows:
(1) In the event that any person or government
agency desires to
construct any form of hydraulic project or perform other work that
will
use, divert, obstruct, or change the natural flow or bed of any
of the
salt or fresh waters of the state, such person or government agency
shall, before commencing construction or work thereon and to ensure
the
proper protection of fish life, secure the approval of the department
as to the adequacy of the means proposed for the protection of
fish
life. This approval shall not be unreasonably withheld.
(2)(a) Except as provided in RCW 75.20.1001,
the department shall
grant or deny approval of a standard permit within forty-five calendar
days of the receipt of a complete application and notice of compliance
with any applicable requirements of the state environmental policy
act,
made in the manner prescribed in this section.
(b) The applicant may document receipt
of application by filing in
person or by registered mail. A complete application for
approval
shall contain general plans for the overall project, complete plans
and
specifications of the proposed construction or work within the
mean
higher high water line in salt water or within the ordinary high
water
line in fresh water, and complete plans and specifications for
the
proper protection of fish life.
(c) The forty-five day requirement shall
be suspended if:
(i) After ten working days of receipt
of the application, the
applicant remains unavailable or unable to arrange for a timely
field
evaluation of the proposed project;
(ii) The site is physically inaccessible
for inspection; or
(iii) The applicant requests delay.
Immediately upon determination
that the forty-five day period is suspended, the department shall
notify the applicant in writing of the reasons for the delay.
(d) For purposes of this section, "standard
permit" means a written
permit issued by the department when the conditions under subsections
(3) and (5)(b) of this section are not met.
(3)(a) The department may issue an expedited
written permit in
those instances where normal permit processing would result in
significant hardship for the applicant or unacceptable damage to
the
environment. In cases of imminent danger, the department
shall issue
an expedited written permit, upon request, for work to repair existing
structures, move obstructions, restore banks, protect property,
or
protect fish resources. Expedited permit requests require
a complete
written application as provided in subsection (2)(b) of this section
and shall be issued within fifteen calendar days of the receipt
of a
complete written application. Approval of an expedited permit
is valid
for up to sixty days from the date of issuance.
(b) For the purposes of this subsection,
"imminent danger" means a
threat by weather, water flow, or other natural conditions that
is
likely to occur within sixty days of a request for a permitapplication.
(c) The department may not require the
provisions of the state
environmental policy act, chapter 43.21C RCW, to be met as a condition
of issuing a permit under this subsection.
(d) The department or the county legislative
authority may
determine if an imminent danger exists. The county legislative
authority shall notify the department, in writing, if it determines
that an imminent danger exists.
(4) Approval of a standard permit is valid
for a period of up to
five years from date of issuance. The permittee must demonstrate
substantial progress on construction of that portion of the project
relating to the approval within two years of the date of issuance.
If
the department denies approval, the department shall provide the
applicant, in writing, a statement of the specific reasons why
and how
the proposed project would adversely affect fish life. Protection
of
fish life shall be the only ground upon which approval may be denied
or
conditioned. Chapter 34.05 RCW applies to any denial of project
approval, conditional approval, or requirements for project
modification upon which approval may be contingent.
(5)(a) In case of an emergency arising
from weather or stream flow
conditions or other natural conditions, the department, through
its
authorized representatives, shall issue immediately, upon request,
oral
approval for removing any obstructions, repairing existing structures,
restoring stream banks, or to protect property threatened by the
stream
or a change in the stream flow without the necessity of obtaining
a
written approval prior to commencing work. Conditions of
an oral
approval to protect fish life shall be established by the department
and reduced to writing within thirty days and complied with as
provided
for in this section. Oral approval shall be granted immediately,
upon
request, for a stream crossing during an emergency situation.
(b) For purposes of this section and RCW
75.20.103, "emergency"
means an immediate threat to life, the public, property, or of
environmental degradation.
(c) The department or the county legislative
authority may declare
and continue an emergency when one or more of the criteria under
(b) of
this subsection are met. The county legislative authority
shall
immediately notify the department if it declares an emergency under
this subsection.
(6) The department shall, at the request
of a county, develop five-
year maintenance approval agreements, consistent with comprehensive
flood control management plans adopted under the authority of RCW
86.12.200, or other watershed plan approved by a county legislative
authority, to allow for work on public and private property for
bank
stabilization, bridge repair, removal of sand bars and debris,
channel
maintenance, and other flood damage repair and reduction activity
under
agreed-upon conditions and times without obtaining permits for
specificprojects.
(7) This section shall not apply to the
construction of any form of
hydraulic project or other work which diverts water for agricultural
irrigation or stock watering purposes authorized under or recognized
as
being valid by the state's water codes, or when such hydraulic
project
or other work is associated with streambank stabilization to protect
farm and agricultural land as defined in RCW 84.34.020. These
irrigation or stock watering diversion and streambank stabilization
projects shall be governed by RCW 75.20.103.
A landscape management plan approved by
the department and the
department of natural resources under RCW 76.09.350(2), shall serve
as
a hydraulic project approval for the life of the plan if fish are
selected as one of the public resources for coverage under such
a plan.
(8) {+ A permit issued under section 12
of this act satisfies the
requirements under this section.
(9) +} For the purposes of this section
and RCW 75.20.103, "bed"
means the land below the ordinary high water lines of state waters.
This definition does not include irrigation ditches, canals, storm
water run-off devices, or other artificial watercourses except
where
they exist in a natural watercourse that has been altered by man.
(({- (9) -})) {+ (10) +} The phrase "to
construct any form of
hydraulic project or perform other work" does not include the act
of
driving across an established ford. Driving across streams
or on
wetted stream beds at areas other than established fords requires
approval. Work within the ordinary high water line of state
waters to
construct or repair a ford or crossing requires approval.
Sec. 17. RCW 90.48.445 and 1995
c 255 s 3 are each amended to read
as follows:
(1) The director shall issue or approve
water quality permits for
use by federal, state, or local governmental agencies and licensed
applicators for the purpose of using, for aquatic (({- noxious
weed -
})) {+ pest +} control, (({- herbicides and surfactants -})) {+
pesticides and adjuvants +} registered under state or federal pesticide
control laws. The issuance of the permits shall be subject
only to
compliance with: Federal and state pesticide label requirements,
the
requirements of the federal insecticide, fungicide, and rodenticide
act, the Washington pesticide control act, the Washington pesticide
application act, and the state environmental policy act; and applicable
requirements established in an option or options recommended for
controlling the (({- noxious -})) {+ aquatic +} weed by a final
environmental impact statement published under chapter 43.21C RCW
by
the department prior to May 5, 1995, by the department of agriculture,
or by the department of agriculture jointly with other state agencies.
This section may not be construed as requiring the preparation
of a new
environmental impact statement to replace a final environmental
impact
statement published before May 5, 1995.
(2) The director of ecology may not utilize
this permit authority
to otherwise condition or burden (({- weed -})) {+ pest +} control
efforts. The director's authority to issue water quality
modification
permits for activities other than the application of (({- surfactants
-
})) {+ adjuvants +} and approved (({- herbicides -})) {+ pesticides
+},
to control aquatic (({- noxious weeds -})) {+ pests +}, is unaffected
by this section.
(3) (({- As used in this section, "aquatic
noxious weed" means an
aquatic weed on the state noxious weed list adopted under RCW
17.10.080. -})) {+ A permit issued under section 12 of this act
satisfies the permit requirements under this section. +}
Sec. 18. RCW 17.24.051 and 1991
c 257 s 9 are each amended to read
as follows:
The introduction into or release within
the state of a plant pest,
noxious weeds, bee pest, or any other organism that may directly
or
indirectly affect the plant life of the state as an injurious pest,
parasite, predator, or other organism is prohibited, except under
special permit issued by the department under rules adopted by
the
director. {+ A special permit is not required if a permit
has been
issued under section 12 of this act. +} A special permit
is not
required for the introduction or release within the state of a
genetically engineered plant or plant pest organism if the introduction
or release has been approved under provisions of federal law and
the
department has been notified of the planned introduction or release.
The department shall be the sole issuing agency for the permits.
Except for research projects approved by the department, no permit
for
a biological control agent shall be issued unless the department
has
determined that the parasite, predator, or plant pathogen is target
organism or plant specific and not likely to become a pest of nontarget
plants or other beneficial organisms. The director may also
exclude
biological control agents that are infested with parasites determined
to be detrimental to the biological control efforts of the state.
The
department may rely upon findings of the United States department
of
agriculture or any experts that the director may deem appropriate
in
making a determination about the threat posed by such organisms.
In
addition, the director may request confidential business information
subject to the conditions in RCW 17.24.061.
Plant pests, noxious weeds, or other organisms
introduced into or
released within this state in violation of this section shall be
subject to detention and disposition as otherwise provided in thischapter.
{+ NEW SECTION. +} Sec. 19.
Sections 1 through 5 of this act
constitute a new chapter in Title 90 RCW.
{+ NEW SECTION. +} Sec. 20.
Sections 10 through 15 of this act
constitute a new chapter in Title 90 RCW.
{+ NEW SECTION. +} Sec. 21.
If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
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