U. S. Oil & Refining Co. v. Department of Ecology

In this appeal we are asked to declare that a statute, unchallenged since it was enacted in territorial days of 1854, was impliedly repealed by another statute enacted over 77 years ago. We decline the invitation.

The facts are undisputed. On May 19, 1978, the Department of Ecology (DOE) notified U. S. Oil & Refining Company of the imposition of a civil penalty of $5,000 per day for each of 6 days in 1975 on which U. S. Oil submitted an inaccurate monitoring report to DOE in violation of conditions of a previously issued waste disposal permit. RCW 90.48.144 authorizes that penalty for…