The department of ecology may issue a civil penalty provided for by law without first
issuing a notice of correction if: (1) The person has previously been subject to
an enforcement action for the same or similar type of violation of the same statute
or rule or has been given previous notice of the same or similar type of violation
of the same statute or rule; or (2) compliance is not achieved by the date established
by the department in a previously issued notice of correction, if the department has
responded to any request for review of such date by reaffirming the original date
or establishing a new date; or (3) the violation has a probability of placing a person
in danger of death or bodily harm, has a probability of causing more than minor environmental
harm, or has a probability of causing physical damage to the property of another in
an amount exceeding one thousand dollars.
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