Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1984 NO. 23 >

The Washington State Patrol does not have statutory authority to employ an attorney to serve as legal adviser to the Patrol, instead of obtaining legal advice and representation from the Office of the Attorney General

AGO 1963 NO. 23 >

1. The continental shelf lands in the area between the Pacific Ocean coast line of Washington state and the state's western boundary are subject to chapter 146, Laws of 1951, and the administration and enforcement of its provisions rest with the oil and gas conservation committee. 2. Federally-owned continental shelf land located west of the state's western boundary are not subject to chapter 146, Laws of 1951, and the oil and gas conservation committee has no duties or responsibilities regarding said lands.

AGLO 1976 NO. 23 >

A commercial fishing vessel which is purchased by the department of fisheries under RCW 75.28.500, et seq., and then sold by the department, may not be used for commercial fishing on the Washington side of the Columbia River.

AGLO 1975 NO. 23 >

Extent to which a refusal by a state legislator to cross a picket line of striking state employees in order to attend a legislative session would constitute a violation of the legislator's oath of office.

AGLO 1977 NO. 23 >

(1) The provisions of Article II, § 13 of the state constitution would not prevent an incumbent state representative elected in November of 1976 from being appointed or elected to the state senate for the remainder of an unexpired term regardless of whether or not a salary increase bill is enacted by the legislature at its current session since any such increase could not constitutionally take effect until the commencement of a new term of office.

(2) The filing fee to be paid under RCW 29.18.050 by a candidate seeking election to the state senate from the 33rd district for the remainder of the current unexpired term will be $38.00.

AGLO 1974 NO. 23 >

From and after the effective date of chapter 50, Laws of 1974, 1st Ex. Sess., the public deposit protection commission will no longer have any interest-fixing function to perform with respect to investment deposits made by the state treasurer of state funds in his custody.

AGO 1983 NO. 23 >

(1) The Department of Ecology may not concur in the proposed issuance of a wate discharge permit by the United States Environmental Protection Agency under § 301(h) of the Federal Clean Water Act if the proposed federal permit contains effluent quality limitations which require less waste treatment than is required under state law. (2) A municipality is required to obtain a waste discharge permit from the Department of Ecology under RCW 90.48.162 prior to discharge of its sewerage wastes into marine waters of the state even though the municipality already holds a waste discharge permit issued by the Environmental Protection Agency under § 301(h) of the Federal Clean Water Act which was concurred in by the Department of Ecology under that provision. (3) The Department of Ecology is not precluded by federal law from including in a state permit such waste treatment requirements, mandated by state law, as are more stringent than those contained in a permit which was issued by the Environmental Protection Agency without express state concurrence. (4) While state law does not expressly prohibit a municipality from discharging wastes from its sewerage system into Puget Sound, or other marine waters, without providing secondary treatment, all waste proposed for discharge into such waters must be provided with "all known, available, and reasonable methods of treatment" prior to being discharged into those waters‑-regardless of the quality of the water.

AGO 1971 NO. 23 >

On and after the effective day of chapter 284, Laws of 1971, 1st Ex. Sess., portions of which were vetoed by the governor, occupational drivers' permits can continue to be issued in this state as provided for in RCW 46.20.390.

AGO 1963 NO. 24 >

Under chapter 75, Laws of 1963, the authority granted to the supervising official or governing body of any department, division or separate agency of state government to provide for hospitalization and medical aid for their employees and dependents through contracts with insurance carriers or health care contractors may not be delegated to the trustee appointed by the governor.

AGLO 1977 NO. 24 >

Those persons appointed to the council on higher education (now council for postsecondary education) prior to the enactment of chapter 132, Laws of 1975, 1st Ex. Sess., are not now, as a consequence thereof, subject to a requirement of reconfirmation or rejection by the state senate.