Senator Shewmake’s derelict vessel bill passes into state law

An administrative law judge will soon be able to decide whether derelict vessels should be removed from Washington waters – quickening the appeals process – after Senate Bill 5192 was signed into law April 6. 

The bill, which state senator Sharon Shewmake (D-Bellingham) co-sponsored, allows a judge employed by Washington state’s Pollution Control Hearings Board (PCHB) to act as a substitute for a PCHB member in the appeals process for the removal of a derelict vessel. The law goes into effect July 23. 

Currently, under RCW 79.100.120, one member of PCHB orders the final decision on an appeal. The board member, in an effort to expedite appeals, can define their decision by rule alternative procedures, which can include mediation, submission of testimony by affidavit, or other forms that may lead to less formal and faster resolution of appeals, according to RCW 43.21B.305.

Shewmake said the law will allow PCHB members to delegate such decisions to an administrative judge PCHB hires, relieving members and accelerating the appeals process. 

“A lot of times when people have a vessel removed, it is because they are going through a financial issue in their life,” Shewmake said. “This bill makes [the process] really clear for those individuals looking to make an appeal, so that they can execute their rights.”

PCHB, created in 1970, decides appeals from state and local government agencies on a wide variety of environmental permits or penalty orders. It has three members, one of whom must be an attorney, appointed by the governor and confirmed by the state Senate for staggered six-year terms.

To view the final bill, go to bit.ly/3KTn8y2.