Bill > SB5360

This bill establishes new criminal penalties for environmental violations in Washington State, creating three degrees of offenses for violations related to water pollution, air pollution, and hazardous waste management. The first degree offense involves knowingly violating environmental laws in a way that places another person in imminent danger of death or substantial bodily harm, or endangers property or natural resources, and is a Class B felony. The second degree offense also involves knowingly violating these laws but without the imminent danger element, and is a Class C felony. The third degree offense applies to violations committed with criminal negligence, or knowingly failing to disclose a conflict of interest related to hazardous waste, and is a gross misdemeanor, punishable by fines and jail time. The bill clarifies that actions taken in compliance with permits are not considered violations and provides affirmative defenses for employees acting under employer orders if they were unaware the conduct was unlawful. It also prohibits retaliating against employees who refuse to violate environmental laws or report violations, and requires the Department of Ecology to provide information on these criminal penalties to the public and permit holders. Additionally, the bill amends existing laws to include these new environmental crimes in sentencing tables and removes some outdated penalty provisions. Finally, the Attorney General's office will be required to report annually on criminal enforcement actions taken under these environmental laws.