Placed on 1/13/2021
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NOTICE OF INTENT TO OBTAIN CUSTODY San Juan County declared the vessel described as being an approximately 32-foot Tolly Craft named 'Sun Breaks,' Registration No. WN 1899 RR , an emergency because it meets the criteria for temporary possession described under RCW 79.100. 040(3). San Juan County took temporary possession of the vessel on December 31, 2020 after it was reported to be sinking in Friday Harbor, posing a threat to environmental safety and property. While in temporary possession, San Juan County pumped out, towed, and hauled out the vessel. San Juan County will take formal and full custody of the vessel on January 30, 2021 (Custody Date). After taking custody, San Juan County may use or dispose of it without further notice. The owner is responsible for all related costs. In order to keep the vessel, the owner must take the following actions before the Custody Date: 1) Pay San Juan County back for costs incurred to date, and either 2a) Move the vessel to a storage location that authorizes the vessel for repair, or 2b) Apply for and be accepted to the Department of Natural Resources Voluntary Turn-in Program. If you wish to challenge San Juan County's taking temporary possession, or San Juan County's decision to take custody, or want to reclaim the vessel after San Juan County has taken custody, the owner must file a written request (one original and one copy) for a hearing with the Pollution Control Hearings Board, in person at 1111 Israel Rd, Ste. 301, Tumwater WA, 98501 or by mail to PO Box 40903, Olympia WA 98504-0903, and serve one copy on San Juan County at 915 Spring Street, P.O. Box 729, Friday Harbor, Washington, 98250. The appeal must include the following information: a copy of the decision you are appealing; your name and address (mailing and legal, if different) and, if applicable, the name and address of your representative; a daytime phone number; a brief statement why you are appealing; a statement of what you want the Board to do; the signature of you or your representative. [This signature certifies that the content of the appeal is true.] The written request can be submitted immediately but cannot be filed any later than February 29, 2021 (Appeal Date). The right to a hearing is deemed waived if a request is submitted late, and the owner is liable for any costs owed to San Juan County. These costs may include all administrative costs incurred by San Juan County, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel. In the event of litigation, the prevailing party is entitled to reasonable attorneys' fees and costs. San Juan County reserves the right to pursue any other remedies available under law. For more information, contact the San Juan County Derelict Vessel Program at (360) 370-0555 or dvprogram@sanjuanco. com. LEGAL NO. J917239 Pub.: The Journal of the San Juan Islands January 13, 2021
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