Wash. Rev. Code » Title 90 · Chapter 90.48
Revised Code of Washington

Wash. Rev. Code § 90.48.142 (2026)

Violations—Liability in damages for injury or death of fish, animals, vegetation—Action to recover

✓ current as of May 2026
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(1) Any person who:
(a)(i) Violates any of the provisions of this chapter or chapter 90.56 RCW;
(ii) Fails to perform any duty imposed by this chapter or chapter 90.56 RCW;
(iii) Violates an order or other determination of the department or the director made pursuant to the provisions of this chapter or chapter 90.56 RCW;
(iv) Violates the conditions of a waste discharge permit issued pursuant to RCW 90.48.160; or
(v) Otherwise causes a reduction in the quality of the state's waters below the standards set by the department or, if no standards have been set, causes significant degradation of water quality, thereby damaging the same; and
(b) Causes the death of, or injury to, fish, animals, vegetation, or other resources of the state;
shall be liable to pay the state and affected counties and cities damages in an amount determined pursuant to RCW 90.48.367.
(2) No action shall be authorized under this section against any person operating in compliance with the conditions of a waste discharge permit issued pursuant to RCW 90.48.160.
[ 1991 c 200 s 810; 1989 c 262 s 2; 1988 c 36 s 69; 1987 c 109 s 132; 1985 c 316 s 6; 1970 ex.s. c 88 s 12; 1967 ex.s. c 139 s 13.]

Notes:

Effective dates—1991 c 200: See RCW 90.56.901.
Findings—1989 c 262: "The legislature finds that there is confusion regarding the measure of damages authorized under RCW 90.48.142. The intent of this act is to clarify existing law on the measure of damages authorized under RCW 90.48.142, not to change the law." [ 1989 c 262 s 1.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1967 ex.s. c 139: See RCW 82.34.900.
Notes of Decisions
Cited in 6 cases, 1984–2013 · leading case: Miotke v. City of Spokane, 678 P.2d 803 (Wash. 1984).
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Miotke v. City of Spokane, 678 P.2d 803 (Wash. 1984). · cites it 4× “RCW 90.48.142, .144. In 1972, Congress modified the federal legislation governing the discharge of pollutants into navigable waters.”
Tiegs v. Watts, 135 Wash. 2d 1 (Wash. 1998). “See RCW 90.48.142, .160. Thus, the sentence left out of the jury instructions, “ac *22 cording to the determination of the department, as provided for in this chapter,” speaks to any violation of the rules and regulations promulgated pursuant to the Water Pollution Control Act,…”
Tiegs v. Watts, 954 P.2d 877 (Wash. 1998). “See RCW 90.48.142, .160. Thus, the sentence left out of the jury instructions, "according to the determination of the department, as provided for in this chapter," speaks to any violation of the rules and regulations promulgated pursuant to the Water Pollution Control Act, which…”
Lemire v. Dep't of Ecology, 309 P.3d 395 (Wash. 2013). “See RCW 90.48.142, .367. Moreover, it is now Ecology’s position that Lemire’s cattle can drink from the creek.”
Cmty. Ass'n for Restoration of the Env't v. Sid Koopman Dairy, 54 F. Supp. 2d 976 (E.D. Wash. 1999). ““Although the WPCA contains provisions authorizing the State to recover damages and civil penalties for violations of waste discharge permit requirements (RCW 90.48.142, .144), it does not provide for a private cause of áction.”
Lemire v. Dep't of Ecology (Wash. 2013). “13 The stakes are high for Lemire. Lemire must either construct a fence that will likely cost tens of thousands of dollars, give up ranching, or be subject to what will likely be substantial financial penalties.”
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