Revised Code of Washington

Wash. Rev. Code § 43.21B.310 (2026)

Appeal of orders

✓ current as of May 2026

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(1) The issuing agency in its discretion may stay the effectiveness of any order that has been appealed to the board during the pendency of such an appeal.

(2) At any time during the pendency of an appeal of such an order to the board, the appellant may apply pursuant to RCW 43.21B.320 to the hearings board for a stay of the order or for the removal thereof.

(3) Upon failure to comply with any final order of the department, the attorney general, on request of the department, may bring an action in the superior court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary, including injunctive relief, to ensure compliance with the order. The air authorities may bring similar actions to enforce their orders.

(4) An appealable decision or order shall be identified as such and shall contain a conspicuous notice to the recipient that it may be appealed only by filing an appeal with the hearings board and serving it on the issuing agency within thirty days of the date of receipt.

[ 2010 c 210 s 13. Prior: 2009 c 456 s 18; 2009 c 178 s 3; 2004 c 204 s 5; prior: 2001 c 220 s 4; 2001 c 36 s 3; 1992 c 73 s 3; 1989 c 2 s 14 (Initiative Measure No. 97, approved November 8, 1988); (1987 3rd ex.s. c 2 s 49 repealed by 1989 c 2 s 24, effective March 1, 1989); 1987 c 109 s 6.]

Notes:

Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.

Intent—Construction—Effective date—2001 c 220: See notes following RCW 43.21B.110.

Effective dates—1992 c 73: See RCW 82.23B.902.

Short title—Construction—Existing agreements—Effective date—1989 c 2: See RCW 70A.305.900 and 70A.305.902 through 70A.305.904, respectively.

Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

Notes of Decisions

Cited in 10 cases, 1992–2019 · leading case: Dioxin/Organochlorine Ctr. v. Dep't of Ecology, 837 P.2d 1007 (Wash. 1992).

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Dioxin/Organochlorine Ctr. v. Dep't of Ecology, 837 P.2d 1007 (Wash. 1992). · cites it 5× “Because Appellants' legal challenge is premised on their conclusion that NPDES permits were wrongly issued under WAC 197-11-855 to paper and pulp mills whose activities constitute major actions without compliance with EIS requirements, jurisdiction over such challenges lies with…”

Rettkowski v. Dep't of Ecology, 910 P.2d 462 (Wash. 1996). · cites it 2× “Any person feeling aggrieved by any decision of the department of ecology may have the same reviewed pursuant to RCW 43.21B.310. In any such review, the findings of fact as set forth in the report of the department of ecology shall be prima facie evidence of the fact of any…”

Klineburger v. King Cnty., 356 P.3d 223 (Wash. Ct. App. 2015). · cites it 5× “16 RCW], affecting his or her interest,” to seek review under RCW 43.21B.310. Chapter 43.21B RCW establishes the Pollution Control Hearings Board (PCHB or Board) and grants it authority to hear and decide appeals from Ecology decisions, including those involving floodplain…”

Tiegs v. Watts, 135 Wash. 2d 1 (Wash. 1998). “Such determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of such determination, such person shall file with the department a full report stating what steps have been and are being taken to control such…”

Tiegs v. Watts, 954 P.2d 877 (Wash. 1998). “Such determination shall not constitute an order or directive under RCW 43.21B.310. Within thirty days from the receipt of notice of such determination, such person shall file with the department a full report stating what steps have been and are being taken to control such…”

Mike Hamilton, V Pollution Control Hrgs Bd, 426 P.3d 281 (Wash. Ct. App. 2018). · cites it 3× “Second, RCW 43.21B.310(4) states that an “appealable decision or order shall be identified as such and shall contain a conspicuous notice” that it may be appealed within 30 days of receipt.”

Watershed Def. Fund v. Riveland, 959 P.2d 130 (Wash. Ct. App. 1998). · cites it 3× “RCW 43.21B.310(1). Save for relief under RCW 70.”

Rettkowski v. Dep't of Ecology, 885 P.2d 852 (Wash. Ct. App. 1994). “If the hearings board affirms the decision of the department, a party seeks review in superior court of that hearings board decision pursuant to chapter 34.”

Crown Resources, Corp. v. Dep't of Ecology (Wash. Ct. App. 2019). · cites it 2× “This would appear to be required by the plain language of the provision, but Crown argues that the plain meaning of “order” as used in RCW 43.21B.310 and .320 does not include licenses and permits—Crown even argues that provisions of chapter 43.”

King Co Dept Of Dev. & Environ. Ser. Bldg, App-cross Res v. Stephan & Sandra Klineburger, Res-cr App (Wash. Ct. App. 2015). “No statutory provision limited Ecology's authority to make the decision or specified that it was not appealable under RCW 43.21B.310. Radabaugh referred to Ecology's determination as the agency's "decision.”

— Wash. Rev. Code § 43.21B.310(1) — 2 cases

Dioxin/Organochlorine Ctr. v. Dep't of Ecology, 837 P.2d 1007 (Wash. 1992). “Because Appellants' legal challenge is premised on their conclusion that NPDES permits were wrongly issued under WAC 197-11-855 to paper and pulp mills whose activities constitute major actions without compliance with EIS requirements, jurisdiction over such challenges lies with…”

Watershed Def. Fund v. Riveland, 959 P.2d 130 (Wash. Ct. App. 1998). “RCW 43.21B.310(1). Save for relief under RCW 70.”

— Wash. Rev. Code § 43.21B.310(2) — 1 case

Crown Resources, Corp. v. Dep't of Ecology (Wash. Ct. App. 2019). “This would appear to be required by the plain language of the provision, but Crown argues that the plain meaning of “order” as used in RCW 43.21B.310 and .320 does not include licenses and permits—Crown even argues that provisions of chapter 43.”

— Wash. Rev. Code § 43.21B.310(4) — 2 cases

Klineburger v. King Cnty., 356 P.3d 223 (Wash. Ct. App. 2015). “16 RCW], affecting his or her interest,” to seek review under RCW 43.21B.310. Chapter 43.21B RCW establishes the Pollution Control Hearings Board (PCHB or Board) and grants it authority to hear and decide appeals from Ecology decisions, including those involving floodplain…”

Mike Hamilton, V Pollution Control Hrgs Bd, 426 P.3d 281 (Wash. Ct. App. 2018). “Second, RCW 43.21B.310(4) states that an “appealable decision or order shall be identified as such and shall contain a conspicuous notice” that it may be appealed within 30 days of receipt.”

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