title: RCW 70A.208.260

text:
(1) Except as provided in subsection (4) of this section, one year prior to the submission of a plan, a producer, group of producers, or a producer responsibility organization may submit a petition to the department to request for reasons of public health or safety the temporary exclusion of packaging used to contain the following categories of products, subcategories of the following categories of products, or individual products:
(a) Raw meat products that are demonstrated to transfer pathogens to direct contact packaging;
(b) Products regulated under the poison prevention packaging act of 1970; and
(c) Products subject to requirements under federal laws that make their inclusion in the requirements of this chapter infeasible or inadvisable.
(2) A petition must provide information that is necessary and sufficient for the department to make a determination including, at a minimum, the following:
(a) The technical feasibility of including the category of product, subcategory of product, or individual product in the program created by this chapter, and in recycling the packaging of the product or products;
(b) An analysis of any potential risks to public health and safety associated with the inclusion of a category of product, subcategory of product, or individual product in the program created by this chapter, and in recycling the packaging of the product or products; and
(c) The progress made by producers in achieving the goals of this chapter, including by reducing the amount of packaging used with the products, increasing the recycled content of the product packaging, and increasing the ability of the products' packaging to be reused, composted, or recycled if appropriate.
(3) The department must make a determination and notify the petitioner within 90 days of receipt of the petition.
(4) The producer of a product that is temporarily excluded from the requirements of this chapter under this section must report, directly to the department in a form created by the department, the information related to the temporarily excluded product that is required to be reported to the department by producer responsibility organizations under RCW 70A.208.030 and 70A.208.200.
[ 2025 c 316 s 126.]

catchline: Petition for the exclusion of certain products.


doc_type: statute

jurisdiction: wa

title: RCW 70A.208.270

text:
(1) The department must periodically assess the availability of, and methodology used by, the United States centers for disease control and the agency for toxic substances and disease registry's social vulnerability index, as compared to how it existed as of January 1, 2025.
(2) If the department determines that the social vulnerability index is no longer available in substantially the same form as it existed on January 1, 2025, the department must notify each registered producer responsibility organization that for purposes of the identification of socially vulnerable populations under this chapter, the department and producer responsibility organizations are no longer required to reference the United States centers for disease control and the agency for toxic substances and disease registry's social vulnerability index. Instead, the department and registered producer responsibility organizations must reference the alternative populations specified in subsection (3) of this section.
(3)(a) Until such time as a rule is adopted under (b) of this subsection, the department and registered producer responsibility organizations must, for purposes of identifying socially vulnerable populations, identify as socially vulnerable populations those communities ranked as an eight or higher on the environmental health disparities map developed under RCW 43.70.815.
(b) After making a determination under subsection (2) of this section, by rule the department may, but is not required to, adopt an alternative methodology for the identification of socially vulnerable populations to replace the reference to the United States centers for disease control and the agency for toxic substances and disease registry's social vulnerability index. A rule adopted under this subsection may, but is not required to, rely in whole or in part on the environmental health disparities map developed by the department of health under RCW 43.70.815.
[ 2025 c 316 s 127.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Identification of socially vulnerable populations.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.208.280

text:
The responsible recycling management account is created in the custody of the state treasurer. All receipts received by the department under this chapter must be deposited in the account. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Expenditures from the account may be used by the department only for implementing, administering, and enforcing the requirements of this chapter, and by the department of labor and industries necessary to cover the cost for the implementation and enforcement of RCW 49.46.380. It is the intent of the legislature that the portion of the producer responsibility organization fee received in 2026 for the costs of the department be transferred to whichever state account was used to cover the costs of the department prior to the payment of the producer responsibility organization fee in 2026.
[ 2025 c 316 s 129.]

catchline: Responsible recycling management account.


title: RCW 70A.208.900

text:
(1) Nothing in chapter 316, Laws of 2025 impacts an entity's eligibility for any state or local incentive or assistance program to which they are otherwise eligible. Nothing in chapter 316, Laws of 2025 limits the authority of private parties or government entities to enter into contracts.
(2) Nothing in this chapter authorizes the department or a producer responsibility organization to impose any requirement, in direct conflict with a federal law or regulation including, but not limited to:
(a) Laws or regulations covering tamper-evident packaging pursuant to 21 C.F.R. Sec. 211.132;
(b) Laws or regulations covering child-resistant packaging pursuant to 16 C.F.R. Sec. 1700.1, et seq.;
(c) Regulations, rules, or guidelines issued by the United States department of agriculture or the United States food and drug administration related to packaging agricultural commodities; and
(d) Requirements for microbial contamination, structural integrity, or safety of packaging, where no viable recyclable or compostable packaging that can meet the requirements exists, pursuant to:
(i) The federal food, drug, and cosmetic act (21 U.S.C. Sec. 301, et seq.);
(ii) 21 U.S.C. Sec. 2101, et seq.;
(iii) The federal food and drug administration food safety modernization act (21 U.S.C. Sec. 2201, et seq.);
(iv) The federal poultry products inspection act (21 U.S.C. Sec. 451, et seq.);
(v) The federal meat inspection act (21 U.S.C. Sec. 601, et seq.); or
(vi) The federal egg products inspection act (21 U.S.C. Sec. 1031, et seq.).
(3) No penalty may be assessed under this chapter on an individual or resident for the improper disposal of covered materials in a noncommercial or residential setting.
(4) Nothing in this chapter limits the authority of the utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, in accordance with chapter 81.77 RCW.
(5) Nothing in this chapter affects the authority or duties of the department of agriculture related to pest and noxious weed control and quarantine measures under chapter 17.24 RCW.
[ 2025 c 316 s 128.]

catchline: Construction—2025 c 316.


title: RCW 70A.210.010

text:
The legislature finds:
(1) That environmental damage seriously endangers the public health and welfare;
(2) That such environmental damage results from air, water, and other resources pollution and from solid waste disposal, noise and other environmental problems;
(3) That to abate or control such environmental damage antipollution devices, equipment, and facilities must be acquired, constructed and installed;
(4) That the tax exempt financing permitted by Section 103 of the Internal Revenue Code of 1954, as amended, and authorized by this chapter results in lower costs of installation of pollution control facilities;
(5) That such lower costs benefit the public with no measurable cost impact;
(6) That the method of financing provided in this chapter is in the public interest and its use serves a public purpose in (a) protecting and promoting the health and welfare of the citizens of the cities, towns, counties, and port districts and of this state by encouraging and accelerating the installation of facilities for abating or controlling and preventing environmental damage and (b) in attracting and retaining environmentally sound industry in this state which reduces unemployment and provides a more diversified tax base.
(7) For the reasons set forth in subsection (6) of this section, the provisions of this chapter relating to port districts and all proceedings heretofore or hereafter taken by port districts pursuant thereto are, and shall be deemed to be, for industrial development as authorized by Article 8, section 8 of the Washington state Constitution.
This chapter shall be liberally construed to accomplish the intentions expressed in this section.
[ 1975 c 6 s 1; 1973 c 132 s 2. Formerly RCW 70.95A.010.]


title: RCW 70A.210.020

text:
As used in this chapter, unless the context otherwise requires:
(1) "Department" shall mean the state department of ecology;
(2) "Facility" or "facilities" shall mean any land, building, structure, machinery, system, fixture, appurtenance, equipment or any combination thereof, or any interest therein, and all real and personal properties deemed necessary in connection therewith whether or not now in existence, which is used or to be used by any person, corporation or municipality in furtherance of the purpose of abating, controlling or preventing pollution;
(3) "Governing body" shall mean the body or bodies in which the legislative powers of the municipality are vested;
(4) "Mortgage" shall mean a mortgage or a mortgage and deed of trust or other security device;
(5) "Municipality" shall mean any city, town, county, port district, or water-sewer district in the state; and
(6) "Pollution" shall mean any form of environmental pollution, including but not limited to water pollution, air pollution, land pollution, solid waste disposal, thermal pollution, radiation contamination, or noise pollution.
[ 2017 c 314 s 3; 1973 c 132 s 3. Formerly RCW 70.95A.020.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 70A.210.030

text:
In addition to any other powers which it may now have, each municipality shall have the following powers:
(1) To acquire, whether by construction, purchase, devise, gift or lease, or any one or more of such methods, one or more facilities which shall be located within, or partially within the municipality;
(2) To lease, lease with option to purchase, sell or sell by installment sale, any or all of the facilities upon such terms and conditions as the governing body may deem advisable but which shall at least fully reimburse the municipality for all debt service on any bonds issued to finance the facilities and for all costs incurred by the municipality in financing and operating the facilities and as shall not conflict with the provisions of this chapter;
(3) To issue revenue bonds for the purpose of defraying the cost of acquiring or improving any facility or facilities or refunding any bonds issued for such purpose and to secure the payment of such bonds as provided in this chapter. Revenue bonds may be issued in one or more series or issues where deemed advisable, and each such series or issue may have the same or different maturity dates, interest rates, priorities on revenues available for payment of such bonds and priorities on security available for assuring payment thereof, and such other differing terms and conditions as are deemed necessary and are not in conflict with the provisions of this chapter.
[ 1973 c 132 s 4. Formerly RCW 70.95A.030.]

catchline: Municipalities—Powers.


title: RCW 70A.210.040

text:
All actions heretofore taken by any municipality in conformity with the provisions of this chapter and the provisions of chapter 6, Laws of 1975 hereby made applicable thereto relating to pollution control facilities, including but not limited to all bonds issued for such purposes, are hereby declared to be valid, legal and binding in all respects.
[ 1975 c 6 s 4. Formerly RCW 70.95A.035.]
Notes:
Port districts—Pollution control facilities or other industrial development—Validation: RCW 53.08.041.

catchline: Actions by municipalities validated.


title: RCW 70A.210.050

text:
(1) All bonds issued by a municipality under the authority of this chapter shall be secured solely by revenues derived from the lease or sale of the facility. Bonds and any interest coupons issued under the authority of this chapter shall not constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or taxing powers. Such limitation shall be plainly stated upon the face of each of such bonds. The use of the municipality's name on revenue bonds authorized hereunder shall not be construed to be the giving or lending of the municipality's financial guarantee or pledge, i.e. credit to any private person, firm, or corporation as the term credit is used in Article 8, section 7 of the Washington state Constitution.
(2) The bonds referred to in subsection (1) of this section, may (a) be executed and delivered at any time and from time to time, (b) be in such form and denominations, (c) be of such tenor, (d) be in bearer or registered form either as to principal or interest or both, as provided in RCW 39.46.030, and may provide for conversion between registered and coupon bonds of varying denominations, (e) be payable in such installments and at such time or times not exceeding forty years from their date, (f) be payable at such place or places, (g) bear interest at such rate or rates as may be determined by the governing body, payable at such place or places within or without this state and evidenced in such manner, (h) be redeemable prior to maturity, with or without premium, and (i) contain such provisions not inconsistent herewith, as shall be deemed for the best interest of the municipality and provided for in the proceedings of the governing body whereunder the bonds shall be authorized to be issued.
(3) Any bonds issued under the authority of this chapter, may be sold at public or private sale in such manner and at such time or times as may be determined by the governing body to be most advantageous. The municipality may pay all expenses, premiums and commissions which the governing body may deem necessary or advantageous in connection with the authorization, sale and issuance thereof from the proceeds of the sale of said bonds or from the revenues of the facilities.
(4) All bonds issued under the authority of this chapter, and any interest coupons applicable thereto shall be investment securities within the meaning of the uniform commercial code and shall be deemed to be issued by a political subdivision of the state.
(5) The proceeds from any bonds issued under this chapter shall be used only for purposes qualifying under Section 103(c)(4)(f) of the Internal Revenue Code of 1954, as amended.
(6) Notwithstanding subsections (2) and (3) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 174; 1975 c 6 s 3; 1973 c 132 s 5. Formerly RCW 70.95A.040.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Port districts—Pollution control facilities or other industrial development—Validation: RCW 53.08.041.

catchline: Municipalities—Revenue bonds for pollution control facilities—Authorized—Construction—Sale, conditions—Form, terms.


title: RCW 70A.210.060

text:
The proceeds of any bonds heretofore or hereafter issued in conformity with the authority of this chapter, together with interest and premiums thereon, and any revenues used to pay or redeem any of such bonds, together with interest and any premiums thereon, shall be separate trust funds and used only for the purposes permitted herein and shall not be considered to be money of the municipality. The services of the treasurer of a municipality, if such treasurer is or has been used, were and are intended to be for the administrative convenience of receipt and payment of nonpublic moneys only for which reasonable compensation may be charged by such treasurer or municipality.
[ 1975 c 6 s 2. Formerly RCW 70.95A.045.]
Notes:
Port districts—Pollution control facilities or other industrial development—Validation: RCW 53.08.041.

catchline: Proceeds of bonds are separate trust funds—Municipal treasurer, compensation.


title: RCW 70A.210.070

text:
(1) The principal of and interest on any bonds issued under the authority of this chapter (a) shall be secured by a pledge of the revenues derived from the sale or lease of the facilities out of which such bonds shall be made payable, (b) may be secured by a mortgage covering all or any part of the facilities, (c) may be secured by a pledge or assignment of the lease of such facilities, or (d) may be secured by a trust agreement or such other security device as may be deemed most advantageous by the governing body.
(2) The proceedings under which the bonds are authorized to be issued under the provisions of this chapter, and any mortgage given to secure the same may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting (a) the fixing and collection of rents for any facilities covered by such proceedings or mortgage, (b) the terms to be incorporated in the lease of such facilities, (c) the maintenance and insurance of such facilities, (d) the creation and maintenance of special funds from the revenues of such facilities, and (e) the rights and remedies available in the event of a default to the bond owners or to the trustee under a mortgage or trust agreement, all as the governing body shall deem advisable and as shall not be in conflict with the provisions of this chapter: PROVIDED, That in making any such agreements or provisions a municipality shall not have the power to obligate itself except with respect to the facilities and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers.
(3) The proceedings authorizing any bonds under the provisions of this chapter and any mortgage securing such bonds may provide that, in the event of a default in the payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or mortgage, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect rents and to apply the revenues from the facilities in accordance with such proceedings or the provisions of such mortgage.
(4) Any mortgage made under the provisions of this chapter, to secure bonds issued thereunder, may also provide that, in the event of a default in the payment thereof or the violation of any agreement contained in the mortgage, the mortgage may be foreclosed and the mortgaged property sold under proceedings in equity or in any other manner now or hereafter permitted by law. Such mortgage may also provide that any trustee under such mortgage or the owner of any of the bonds secured thereby may become the purchaser at any foreclosure sale if the highest bidder therefor. No breach of any such agreement shall impose any pecuniary liability upon a municipality or any charge upon their general credit or against their taxing powers.
(5) The proceedings authorizing the issuance of bonds hereunder may provide for the appointment of a trustee or trustees for the protection of the owners of the bonds, whether or not a mortgage is entered into as security for such bonds. Any such trustee may be a bank with trust powers or a trust company and shall be located in the United States, within or without the state of Washington, shall have the immunities, powers and duties provided in said proceedings, and may, to the extent permitted by such proceedings, hold and invest funds deposited with it in direct obligations of the United States, obligations guaranteed by the United States or certificates of deposit of a bank (including the trustee) which are continuously secured by such obligations of or guaranteed by the United States. Any bank acting as such trustee may, to the extent permitted by such proceedings, buy bonds issued hereunder to the same extent as if it were not such trustee. Said proceedings may provide for one or more co-trustees, and any co-trustee may be any competent individual over the age of twenty-one years or a bank having trust powers or trust company within or without the state. The proceedings authorizing the bonds may provide that some or all of the proceeds of the sale of the bonds, the revenues of any facilities, the proceeds of the sale of any part of a facility, of any insurance policy or of any condemnation award be deposited with the trustee or a co-trustee and applied as provided in said proceedings.
[ 1983 c 167 s 175; 1973 c 132 s 6. Formerly RCW 70.95A.050.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.


title: RCW 70A.210.080

text:
Prior to the issuance of the bonds authorized by this chapter, the municipality may lease the facilities to a lessee or lessees under an agreement providing for payment to the municipality of such rentals as will be sufficient (a) to pay the principal of and interest on the bonds issued to finance the facilities, (b) to pay the taxes on the facilities, (c) to build up and maintain any reserves deemed by the governing body to be advisable in connection therewith, and (d) unless the agreement of lease obligates the lessees to pay for the maintenance and insurance of the facilities, to pay the costs of maintaining the facilities in good repair and keeping the same properly insured. Subject to the limitations of this chapter, the lease or extensions or modifications thereof may contain such other terms and conditions as may be mutually acceptable to the parties, and notwithstanding any other provisions of law relating to the sale of property owned by municipalities, such lease may contain an option for the lessees to purchase the facilities on such terms and conditions with or without consideration as may be mutually acceptable to the parties.
[ 1973 c 132 s 7. Formerly RCW 70.95A.060.]

catchline: Facilities—Leases authorized.


title: RCW 70A.210.090

text:
Any bonds issued under the provisions of this chapter and at any time outstanding may at any time and from time to time be refunded by a municipality by the issuance of its refunding bonds in such amount as the governing body may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be so refunded, together with any unpaid interest thereon and any premiums and commissions necessary to be paid in connection therewith: PROVIDED, That an issue of refunding bonds may be combined with an issue of additional revenue bonds on any facilities. Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby: PROVIDED FURTHER, That the owners of any bonds to be so refunded shall not be compelled without their consent to surrender their bonds for payment or exchange except on the terms expressed on the face thereof. Any refunding bonds issued under the authority of this chapter shall be subject to the provisions contained in RCW 70A.210.050 and may be secured in accordance with the provisions of RCW 70A.210.070.
[ 2020 c 20 s 1205; 1983 c 167 s 176; 1973 c 132 s 8. Formerly RCW 70.95A.070.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.


title: RCW 70A.210.100

text:
The proceeds from the sale of any bonds issued under authority of this chapter shall be applied only for the purpose for which the bonds were issued: PROVIDED, That any accrued interest and premium received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold: AND PROVIDED FURTHER, That if for any reason any portion of such proceeds shall not be needed for the purpose for which the bonds were issued, then such unneeded portion of said proceeds shall be applied to the payment of the principal of or the interest on said bonds. The cost of acquiring or improving any facilities shall be deemed to include the following: The actual cost of acquiring or improving real estate for any facilities; the actual cost of construction of all or any part of the facilities which may be constructed, including architects' and engineers' fees, all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition or improvements; and the interest on such bonds for a reasonable time prior to construction, during construction, and for a time not exceeding six months after completion of construction.
[ 1973 c 132 s 9. Formerly RCW 70.95A.080.]

catchline: Revenue bonds—Disposition of proceeds.


title: RCW 70A.210.110

text:
The facilities shall be constructed, reconstructed, and improved and shall be leased, sold or otherwise disposed of in the manner determined by the governing body in its sole discretion and any requirement of competitive bidding, lease performance bonds or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of a municipality is not applicable to any action taken under authority of this chapter.
[ 1973 c 132 s 10. Formerly RCW 70.95A.090.]

catchline: Facilities—Sale or lease—Certain restrictions on municipalities not applicable.


title: RCW 70A.210.120

text:
Upon request by a municipality or by a user of the facilities the department of ecology may in relation to chapter 54, Laws of 1972 ex. sess. and this chapter issue its certificate stating that the facilities (1) as designed are in furtherance of the purpose of abating, controlling or preventing pollution, and/or (2) as designed or as operated meet state and local requirements for the control of pollution. This section shall not be construed as modifying the provisions of RCW 82.34.030; chapter 70A.15 RCW; or chapter 90.48 RCW.
[ 2020 c 20 s 1206; 1973 c 132 s 11. Formerly RCW 70.95A.100.]

catchline: Facilities—Department of ecology certification.


title: RCW 70A.210.900

text:
Nothing in this chapter shall be construed as a restriction or limitation upon any powers which a municipality might otherwise have under any laws of this state, but shall be construed as cumulative.
[ 1973 c 132 s 12. Formerly RCW 70.95A.910.]

catchline: Construction—1973 c 132.


title: RCW 70A.210.901

text:
This 1975 amendatory act shall be liberally construed to accomplish the intention expressed herein.
[ 1975 c 6 s 6. Formerly RCW 70.95A.912.]
Notes:
Port districts—Pollution control facilities or other industrial development—Validation: RCW 53.08.041.

catchline: Construction—1975 c 6.


title: RCW 70A.210.902

text:
All acquisitions by port districts pursuant to RCW 53.08.040 may, at the option of a port commission, be deemed to be made under this chapter, or under both: PROVIDED, That nothing contained in this chapter shall impair rights or obligations under contracts entered into before March 19, 1973.
[ 1973 c 132 s 14. Formerly RCW 70.95A.930.]

catchline: Acquisitions by port districts under RCW 53.08.040—Prior rights or obligations.


title: RCW 70A.212.010

text:
The legislature declares that competent operation of waste treatment plants plays an important part in the protection of the environment of the state and therefore it is of vital interest to the public. In order to protect the public health and to conserve and protect the water resources of the state, it is necessary to provide for the classifying of all domestic wastewater treatment plants; to require the examination and certification of the persons responsible for the supervision and operation of such systems; and to provide for the promulgation of rules and regulations to carry out this chapter.
[ 1973 c 139 s 1. Formerly RCW 70.95B.010.]

catchline: Legislative declaration.


title: RCW 70A.212.020

text:
As used in this chapter unless context requires another meaning:
(1) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of ecology.
(4) "Nationally recognized association of certification authorities" shall mean that organization which serves as an information center for certification activities, recommends minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and wastewater facilities and certification of operators, facilitates reciprocity between state programs and assists authorities in establishing new certification programs and updating existing ones.
(5) "Operating experience" means routine performance of duties, on-site in a wastewater treatment plant, that affects plant performance or effluent quality.
(6) "Operator in responsible charge" means an individual who is designated by the owner as the person on-site in responsible charge of the routine operation of a wastewater treatment plant.
(7) "Owner" means in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chair of the county legislative authority or the chair's designee; in the case of a water-sewer district, board of public utilities, association, municipality, or other public body, the president or chair of the body or the president's or chair's designee; in the case of a privately owned wastewater treatment plant, the legal owner.
(8) "Wastewater certification program coordinator" means an employee of the department who administers the wastewater treatment plant operators' certification program.
(9) "Wastewater collection system" means any system of lines, pipes, manholes, pumps, liftstations, or other facilities used for the purpose of collecting and transporting wastewater.
(10) "Wastewater treatment plant" means a facility used to treat any liquid or waterborne waste of domestic origin or a combination of domestic, commercial, or industrial origin, and which by its design requires the presence of an operator for its operation. It shall not include any facility used exclusively by a single-family residence, septic tanks with subsoil absorption, industrial wastewater treatment plants, or wastewater collection systems.
[ 2012 c 117 s 412; 1999 c 153 s 66; 1995 c 269 s 2901; 1987 c 357 s 1; 1973 c 139 s 2. Formerly RCW 70.95B.020.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Part headings not law—1999 c 153: See note following RCW 57.04.050.
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.


title: RCW 70A.212.030

text:
As provided for in this chapter, the individual on-site at a wastewater treatment plant who is designated by the owner as the operator in responsible charge of the operation and maintenance of the plant on a routine basis shall be certified at a level equal to or higher than the classification rating of the plant being operated.
If a wastewater treatment plant is operated on more than one daily shift, the operator in charge of each shift shall be certified at a level no lower than one level lower than the classification rating of the plant being operated and shall be subordinate to the operator in responsible charge who is certified at a level equal to or higher than the plant. This requirement for shift operator certification shall be met by January 1, 1989.
Operators not required to be certified by this chapter are encouraged to become certified on a voluntary basis.
[ 1987 c 357 s 2; 1973 c 139 s 3. Formerly RCW 70.95B.030.]

catchline: Wastewater treatment plant operators—Certification required.


title: RCW 70A.212.040

text:
The director shall adopt and enforce such rules and regulations as may be necessary for the administration of this chapter. The rules and regulations shall include, but not be limited to, provisions for the qualification and certification of operators for different classifications of wastewater treatment plants.
[ 1995 c 269 s 2902; 1987 c 357 s 3; 1973 c 139 s 4. Formerly RCW 70.95B.040.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Administration of chapter—Rules and regulations—Director's duties.


title: RCW 70A.212.050

text:
The director shall classify all wastewater treatment plants with regard to the size, type, and other conditions affecting the complexity of such treatment plants and the skill, knowledge, and experience required of an operator to operate such facilities to protect the public health and the state's water resources.
[ 1987 c 357 s 4; 1973 c 139 s 5. Formerly RCW 70.95B.050.]


title: RCW 70A.212.060

text:
The director is authorized when taking action pursuant to RCW 70A.212.040 and 70A.212.050 to consider generally applicable criteria and guidelines developed by a nationally recognized association of certification authorities.
[ 2020 c 20 s 1207; 1973 c 139 s 6. Formerly RCW 70.95B.060.]

catchline: Criteria and guidelines.


title: RCW 70A.212.070

text:
The director, in cooperation with the secretary of health, may establish ad hoc advisory committees, as necessary, to obtain advice and technical assistance regarding the examination and certification of operators of wastewater treatment plants.
[ 1995 c 269 s 2908. Formerly RCW 70.95B.071.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Ad hoc advisory committees.


title: RCW 70A.212.080

text:
Certificates shall be issued without examination under the following conditions:
(1) Certificates, in appropriate classifications, shall be issued without application fee to operators who, on July 1, 1973, hold certificates of competency attained by examination under the voluntary certification program sponsored jointly by the state department of social and health services, health services division, and the Pacific Northwest pollution control association.
(2) Certificates, in appropriate classifications, shall be issued to persons certified by a governing body or owner to have been the operator in responsible charge of a waste treatment plant on July 1, 1973. A certificate so issued will be valid only for the existing plant.
(3) A nonrenewable certificate, temporary in nature, may be issued for a period not to exceed twelve months, to an operator who fills a vacated position required to be filled by a certified operator. Only one such certificate may be issued subsequent to each instance of vacation of any such position.
[ 1987 c 357 s 5; 1973 c 139 s 8. Formerly RCW 70.95B.080.]

catchline: Certificates—When examination not required.


title: RCW 70A.212.090

text:
The issuance and renewal of a certificate shall be subject to the following conditions:
(1) A certificate shall be issued if the operator has satisfactorily passed a written examination, or has met the requirements of RCW 70A.212.080, and has met the requirements specified in the rules and regulations as authorized by this chapter, and has paid the department an application fee as established by the department under RCW 70A.212.100.
(2) The term for all certificates shall be from the first of January of the year of issuance until the thirty-first of December of the renewal year. The renewal period, not to exceed three years, shall be set by agency rule. Every certificate shall be renewed upon the payment of a renewal fee as established by the department under RCW 70A.212.100 and satisfactory evidence presented to the director that the operator demonstrates continued professional growth in the field.
(3) Individuals who fail to renew their certificates before December 31 of the renewal year, upon notice by the director shall have their certificates suspended for sixty days. If, during the suspension period, the renewal is not completed, the director shall give notice of revocation to the employer and to the operator and the certificate will be revoked ten days after such notice is given. An operator whose certificate has been revoked must reapply for certification and will be requested to meet the requirements of a new applicant.
[ 2020 c 20 s 1208; 2018 c 213 s 1; 1987 c 357 s 6; 1973 c 139 s 9. Formerly RCW 70.95B.090.]

catchline: Certificates—Issuance and renewal conditions.


title: RCW 70A.212.100

text:
(1) The department shall establish and collect fees for the issuance and renewal of wastewater treatment plant operator certificates as provided for in RCW 70A.212.090. The department, with the advice of an advisory committee, shall establish an initial fee schedule by rule. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department to administer the wastewater operator certification program, to include evaluating applications necessary to verify compliance with certification requirements, maintaining and administering credible examinations, ensuring operators receive necessary training, outreach, and technical assistance, enforcing certification program requirements, providing necessary education and training to program staff, and supporting the overhead expenses related to administering the wastewater operator certification program.
(2) Once the initial fee schedule is adopted by rule, the department shall conduct a workload analysis and prepare a biennial budget estimate for the wastewater treatment plant operator certification program. Thereafter, the department shall assess and collect fees from all wastewater treatment plant operators at a level that fully recovers the costs identified in its biennial operating budget.
(3) If fee increases above the state's fiscal growth factor are proposed, due to an expansion of the wastewater operator certification program, the department must submit a report to the legislature describing the need for the increase.
[ 2020 c 20 s 1209; 2018 c 213 s 2; 1987 c 357 s 9. Formerly RCW 70.95B.095.]

catchline: Certificates—Fees—Department duties.


title: RCW 70A.212.110

text:
The director may, after conducting a hearing, revoke a certificate found to have been obtained by fraud or deceit, or for gross negligence in the operation of a waste treatment plant, or for violating the requirements of this chapter or any lawful rule, order or regulation of the department. No person whose certificate is revoked under this section shall be eligible to apply for a certificate for one year from the effective date of this final order or revocation.
[ 1995 c 269 s 2903; 1973 c 139 s 10. Formerly RCW 70.95B.100.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Certificates—Revocation procedures.


title: RCW 70A.212.120

text:
To carry out the provisions and purposes of this chapter, the director is authorized and empowered to:
(1) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the director deems appropriate with other state, federal, or interstate agencies, municipalities, education institutions, or other organizations or individuals.
(2) Receive financial and technical assistance from the federal government and other public or private agencies.
(3) Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations.
(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this chapter to federal, state, or interstate agencies, municipalities, education institutions, and other organizations and individuals.
(5) Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out the provisions of this chapter.
[ 1987 c 357 s 7; 1973 c 139 s 11. Formerly RCW 70.95B.110.]

catchline: Administration of chapter—Powers and duties of director.


title: RCW 70A.212.130

text:
The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 1997 c 58 s 876. Formerly RCW 70.95B.115.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: Licenses or certificates—Suspension for noncompliance with support order—Reissuance.


title: RCW 70A.212.140

text:
On and after one year following July 1, 1973, it shall be unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a wastewater treatment plant unless the individuals identified in RCW 70A.212.030 are duly certified by the director under the provisions of this chapter or any lawful rule, order, or regulation of the department. It shall also be unlawful for any person to perform the duties of an operator as defined in this chapter, or in any lawful rule, order, or regulation of the department, without being duly certified under the provisions of this chapter.
[ 2020 c 20 s 1210; 1987 c 357 s 8; 1973 c 139 s 12. Formerly RCW 70.95B.120.]

catchline: Violations.


title: RCW 70A.212.150

text:
On or after July 1, 1973, certification of operators by any state which, as determined by the director, accepts certifications made or certification requirements deemed satisfied pursuant to the provisions of this chapter, shall be accorded reciprocal treatment and shall be recognized as valid and sufficient within the purview of this chapter, if in the judgment of the director the certification requirements of such state are substantially equivalent to the requirements of this chapter or any rules or regulations promulgated hereunder.
In making determinations pursuant to this section, the director shall consult with the *board and may consider any generally applicable criteria and guidelines developed by the nationally recognized association of certification authorities.
[ 1973 c 139 s 13. Formerly RCW 70.95B.130.]
Notes:
*Reviser's note: RCW 70.95B.070, which created the water and wastewater operator certification board of examiners, was repealed by 1995 c 269 s 2907, effective July 1, 1995.

catchline: Certificates—Reciprocity with other states.


title: RCW 70A.212.160

text:
Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency violating any provisions of this chapter or the rules and regulations adopted hereunder, is guilty of a misdemeanor. Each day of operation in such violation of this chapter or any rules or regulations adopted hereunder shall constitute a separate offense. Upon conviction, violators shall be fined an amount not exceeding one hundred dollars for each offense. It shall be the duty of the prosecuting attorney or the attorney general, as appropriate, to secure injunctions of continuing violations of any provisions of this chapter or the rules and regulations adopted hereunder.
[ 1973 c 139 s 14. Formerly RCW 70.95B.140.]

catchline: Penalties for violations—Injunctions.


title: RCW 70A.212.170

text:
The wastewater treatment plant operator certification account is created in the state treasury. All fees paid pursuant to RCW 70A.212.100 and any other receipts realized in the administration of this chapter must be deposited into the account. Moneys in the account may be spent only after appropriation. Moneys from the account must be used by the department to carry out the purposes of the wastewater treatment plant operator certification program.
[ 2020 c 20 s 1211; 2017 c 35 s 1. Formerly RCW 70.95B.151.]

catchline: Wastewater treatment plant operator certification account—Administration of chapter—Receipts.


title: RCW 70A.212.900

text:
This 1973 act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973.
[ 1973 c 139 s 17. Formerly RCW 70.95B.900.]

catchline: Effective date—1973 c 139.


title: RCW 70A.214.010

text:
The legislature finds that land disposal and incineration of solid and hazardous waste can be both harmful to the environment and costly to those who must dispose of the waste. In order to address this problem in the most cost-effective and environmentally sound manner, and to implement the highest waste management priority as articulated in RCW 70A.205.005 and 70A.300.260, public and private efforts should focus on reducing the generation of waste. Waste reduction can be achieved by encouraging voluntary efforts to redesign industrial, commercial, production, and other processes to result in the reduction or elimination of waste by-products and to maximize the in-process reuse or reclamation of valuable spent material.
In the interest of protecting the public health, safety, and the environment, the legislature declares that it is the policy of the state of Washington to encourage reduction in the use of hazardous substances and reduction in the generation of hazardous waste whenever economically and technically practicable.
The legislature finds that hazardous wastes are generated by numerous different sources including, but not limited to, large and small business, households, and state and local government. The legislature further finds that a goal against which efforts at waste reduction may be measured is essential for an effective hazardous waste reduction program. The Pacific Northwest hazardous waste advisory council has endorsed a goal of reducing, through hazardous substance use reduction and waste reduction techniques, the generation of hazardous waste by fifty percent by 1995. The legislature adopts this as a policy goal for the state of Washington. The legislature recognizes that many individual businesses have already reduced the generation of hazardous waste through appropriate hazardous waste reduction techniques. The legislature also recognizes that there are some basic industrial processes which by their nature have limited potential for significantly reducing the use of certain raw materials or substantially reducing the generation of hazardous wastes. Therefore, the goal of reducing hazardous waste generation by fifty percent cannot be applied as a regulatory requirement.
[ 2020 c 20 s 1212; 1990 c 114 s 1; 1988 c 177 s 1. Formerly RCW 70.95C.010.]

catchline: Legislative findings.


title: RCW 70A.214.020

text:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology or the director's designee.
(3) "Dangerous waste" shall have the same definition as set forth in RCW 70A.300.010(1) and shall specifically include those wastes designated as dangerous by rules adopted pursuant to chapter 70A.300 RCW.
(4) "EPA/state identification number" means the number assigned by the EPA (environmental protection agency) or by the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.
(5) "Extremely hazardous waste" shall have the same definition as set forth in RCW 70A.300.010(7) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70A.300 RCW.
(6) "Fee" means the annual hazardous waste fees imposed under RCW 70A.218.020 and 70A.218.030.
(7) "Generate" means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation.
(8) "Hazardous substance" means any hazardous substance listed as a hazardous substance as of March 21, 1990, pursuant to section 313 of Title III of the Superfund Amendments and Reauthorization Act, any other substance determined by the director by rule to present a threat to human health or the environment, and all ozone depleting compounds as defined by the Montreal Protocol of October 1987.
(9)(a) "Hazardous substance use reduction" means the reduction, avoidance, or elimination of the use or production of hazardous substances without creating substantial new risks to human health or the environment.
(b) "Hazardous substance use reduction" includes proportionate changes in the usage of hazardous substances as the usage of a hazardous substance or hazardous substances changes as a result of production changes or other business changes.
(10) "Hazardous substance user" means any facility required to report under section 313 of Title III of the Superfund Amendments and Reauthorization Act, except for those facilities which only distribute or use fertilizers or pesticides intended for commercial agricultural applications.
(11) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes, but does not include radioactive wastes or a substance composed of both radioactive and hazardous components and does not include any hazardous waste generated as a result of a remedial action under state or federal law.
(12) "Hazardous waste generator" means any person generating hazardous waste regulated by the department.
(13) "Office" means the office of waste reduction.
(14) "Plan" means the plan provided for in RCW 70A.214.110.
(15) "Person" means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government, including any agency or officer thereof, and any Indian tribe or authorized tribal organization.
(16) "Process" means all industrial, commercial, production, and other processes that result in the generation of waste.
(17) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not include: (a) Use constituting disposal; (b) incineration; or (c) use as a fuel.
(18) "Recycling" means reusing waste materials and extracting valuable materials from a waste stream. Recycling does not include burning for energy recovery.
(19) "Treatment" means the physical, chemical, or biological processing of waste to render it completely innocuous, produce a recyclable by-product, reduce toxicity, or substantially reduce the volume of material requiring disposal as described in the priorities established in RCW 70A.300.260. Treatment does not include incineration.
(20) "Used oil" means (a) lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; (b) any oil that has been refined from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and (c) any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no longer useful to the original purchaser. "Used oil" does not include used oil to which hazardous wastes have been added.
(21) "Waste" means any solid waste as defined under RCW 70A.205.015, any hazardous waste, any air contaminant as defined under RCW 70A.15.1030, and any organic or inorganic matter that shall cause or tend to cause water pollution as defined under RCW 90.48.020.
(22) "Waste generator" means any individual, business, government agency, or any other organization that generates waste.
(23) "Waste reduction" means all in-plant practices that reduce, avoid, or eliminate the generation of wastes or the toxicity of wastes, prior to generation, without creating substantial new risks to human health or the environment. As used in RCW 70A.214.110 through 70A.214.150, "waste reduction" refers to hazardous waste only.
[ 2020 c 20 s 1213; 1991 c 319 s 313; 1990 c 114 s 2; 1988 c 177 s 2. Formerly RCW 70.95C.020.]

catchline: Definitions.


title: RCW 70A.214.030

text:
(1) There is established in the department an office of waste reduction. The office shall use its authorities to encourage the voluntary reduction of hazardous substance usage and waste generation by waste generators and hazardous substance users. The office shall prepare and submit a quarterly progress report to the director.
(2) The office shall be the coordinating center for all state agency programs that provide technical assistance to waste generators and hazardous substance users and shall serve as the state's lead agency and promoter for such programs. In addition to this coordinating function, the office shall encourage hazardous substance use reduction and waste reduction by:
(a) Providing for the rendering of advice and consultation to waste generators and hazardous substance users on hazardous substance use reduction and waste reduction techniques, including assistance in preparation of plans provided for in RCW 70A.214.110;
(b) Sponsoring or co-sponsoring with public or private organizations technical workshops and seminars on waste reduction and hazardous substance use reduction;
(c) Administering a waste reduction and hazardous substance use reduction database and hotline providing comprehensive referral services to waste generators and hazardous substance users;
(d) Administering a waste reduction and hazardous substance use reduction research and development program;
(e) Coordinating a waste reduction and hazardous substance use reduction public education program that includes the utilization of existing publications from public and private sources, as well as publishing necessary new materials on waste reduction;
(f) Recommending to institutions of higher education in the state courses and curricula in areas related to waste reduction and hazardous substance use reduction; and
(g) Operating an intern program in cooperation with institutions of higher education and other outside resources to provide technical assistance on hazardous substance use reduction and waste reduction techniques and to carry out research projects as needed within the office.
[ 2020 c 20 s 1214; 1998 c 245 s 133; 1990 c 114 s 3; 1988 c 177 s 3. Formerly RCW 70.95C.030.]

catchline: Office of waste reduction—Duties.


title: RCW 70A.214.040

text:
(1) The office shall establish a waste reduction and hazardous substance use reduction consultation program to be coordinated with other state waste reduction and hazardous substance use reduction consultation programs.
(2) The director may grant a request by any waste generator or hazardous substance user for advice and consultation on waste reduction and hazardous substance use reduction techniques and assistance in preparation or modification of a plan, executive summary, or annual progress report, or assistance in the implementation of a plan required by RCW 70A.214.110. Pursuant to a request from a facility such as a business, governmental entity, or other process site in the state, the director may visit the facility making the request for the purposes of observing hazardous substance use and the waste-generating process, obtaining information relevant to waste reduction and hazardous substance use reduction, rendering advice, and making recommendations. No such visit may be regarded as an inspection or investigation, and no notices or citations may be issued, or civil penalty be assessed, upon such a visit. A representative of the director providing advisory or consultative services under this section may not have any enforcement authority.
(3) Consultation and advice given under this section shall be limited to the matters specified in the request and shall include specific techniques of waste reduction and hazardous substance use reduction tailored to the relevant process. In granting any request for advisory or consultative services, the director may provide for an alternative means of affording consultation and advice other than on-site consultation.
(4) Any proprietary information obtained by the director while carrying out the duties required under this section shall remain confidential and shall not be publicized or become part of the database established under RCW 70A.214.060 without written permission of the requesting party.
[ 2020 c 20 s 1215; 1990 c 114 s 5; 1988 c 177 s 4. Formerly RCW 70.95C.040.]

catchline: Waste reduction and hazardous substance use reduction consultation program.


title: RCW 70A.214.050

text:
The office, in coordination with all other state waste reduction technical assistance programs, shall sponsor technical workshops and seminars on waste reduction techniques that have been successfully used to eliminate or reduce substantially the amount of waste or toxicity of hazardous waste generated, or that use in-process reclamation or reuse of spent material.
[ 1988 c 177 s 5. Formerly RCW 70.95C.050.]

catchline: Waste reduction techniques—Workshops and seminars.


title: RCW 70A.214.060

text:
(1) The office shall establish a statewide waste reduction hotline with the capacity to refer waste generators and the public to sources of information on specific waste reduction techniques and procedures. The hotline shall coordinate with all other state waste hotlines.
(2) The director shall work with the state library to establish a database system that shall include proven waste reduction techniques and case studies of effective waste reduction. The database system shall be: (a) Coordinated with all other state agency databases on waste reduction; (b) administered in conjunction with the statewide waste reduction hotline; and (c) readily accessible to the public.
[ 1988 c 177 s 6. Formerly RCW 70.95C.060.]

catchline: Waste reduction hotline—Database system.


title: RCW 70A.214.070

text:
(1) The office may administer a waste reduction research and development program. The director may contract with any public or private organization for the purpose of developing methods and technologies that achieve waste reduction. All research performed and all methods or technologies developed as a result of a contract entered into under this section shall become the property of the state and shall be incorporated into the database system established under RCW 70A.214.060.
(2) Any contract entered into under this section shall be awarded only after requests for proposals have been circulated to persons, firms, or organizations who have requested that their names be placed on a proposal list. The director shall establish a proposal list and shall review and evaluate all proposals received.
[ 2020 c 20 s 1216; 1988 c 177 s 7. Formerly RCW 70.95C.070.]

catchline: Waste reduction research and development program—Contracts.


title: RCW 70A.214.080

text:
(1) The director may solicit and accept gifts, grants, conveyances, bequests, and devises, in trust or otherwise, to be directed to the office of waste reduction.
(2) The director may enter into contracts with any public or private organization to carry out the purposes of this chapter.
[ 1988 c 177 s 8. Formerly RCW 70.95C.080.]

catchline: Director's authority.


title: RCW 70A.214.090

text:
The legislature finds and declares that the buildings and facilities owned and leased by state government produce significant amounts of solid and hazardous wastes, and actions must be taken to reduce and recycle these wastes and thus reduce the costs associated with their disposal. In order for the operations of state government to provide the citizens of the state an example of positive waste management, the legislature further finds and declares that state government should undertake an aggressive program designed to reduce and recycle solid and hazardous wastes produced in the operations of state buildings and facilities to the maximum extent possible.
The office of waste reduction, in cooperation with the department of enterprise services, shall establish an intensive waste reduction and recycling program to promote the reduction of waste produced by state agencies and to promote the source separation and recovery of recyclable and reusable materials.
All state agencies, including but not limited to, colleges, community colleges, universities, offices of elected and appointed officers, the supreme court, court of appeals, and administrative departments of state government shall fully cooperate with the office of waste reduction and recycling in all phases of implementing the provisions of this section. The office shall establish a coordinated state plan identifying each agency's participation in waste reduction and recycling. The office shall develop the plan in cooperation with a multiagency committee on waste reduction and recycling. Appointments to the committee shall be made by the director of the department of enterprise services. The director shall notify each agency of the committee, which shall implement the applicable waste reduction and recycling plan elements. All state agencies are to use maximum efforts to achieve a goal of increasing the use of recycled paper by fifty percent by July 1, 1993.
[ 2015 c 225 s 107; 1989 c 431 s 53. Formerly RCW 70.95C.110.]

catchline: Waste reduction and recycling program to promote activities by state agencies—Recycled paper goal.


title: RCW 70A.214.100

text:
(1) The office of waste reduction shall develop, in consultation with the superintendent of public instruction, an awards program to achieve waste reduction and recycling in public schools, and to encourage waste reduction and recycling in private schools, grades kindergarten through high school. The office shall develop guidelines for program development and implementation. Each public school shall, and each private school may, implement a waste reduction and recycling program conforming to guidelines developed by the office.
(2) For the purpose of granting awards, the office may group all participating schools into not more than three classes, based upon student population, distance to markets for recyclable materials, and other criteria, as deemed appropriate by the office. Except as otherwise provided, five or more awards may be granted to each of the three classes. Each award shall be no more than $5,000 until 2026, and no more than $10,000 beginning January 1, 2026. Awards shall be granted each year to the schools that achieve the greatest levels of waste reduction and recycling. A single award of not less than $5,000 until 2026 or $10,000 beginning in 2026 may be presented to the school having the best recycling program as measured by the total amount of materials recycled, including materials generated outside of the school. A single award of not less than $5,000 until 2026 or $10,000 beginning in 2026 may be presented to the school having the best waste reduction program as determined by the office.
(3) The superintendent of public instruction shall distribute guidelines and other materials developed by the office to implement programs to reduce and recycle waste generated in administrative offices, classrooms, laboratories, cafeterias, and maintenance operations.
[ 2024 c 341 s 205; 2008 c 178 s 1; 1991 c 319 s 114; 1989 c 431 s 54. Formerly RCW 70.95C.120.]
Notes:
Findings—Intent—2024 c 341: See note following RCW 70A.207.040.

catchline: Waste reduction and recycling awards program in K-12 public schools—Encouraging waste reduction and recycling in private schools.


title: RCW 70A.214.110

text:
(1) Each hazardous waste generator who generates more than two thousand six hundred forty pounds of hazardous waste per year and each hazardous substance user, except for those facilities that are primarily permitted treatment, storage, and disposal facilities or recycling facilities, shall prepare a plan for the voluntary reduction of the use of hazardous substances and the generation of hazardous wastes. Hazardous waste generated and recycled for beneficial use, including initial amount of hazardous substances introduced into a process and subsequently recycled for beneficial use, shall not be used in the calculation of hazardous waste generated for purposes of this section. The department may develop reporting requirements, consistent with existing reporting, to establish recycling for beneficial use under this section. Used oil to be rerefined or burned for energy or heat recovery shall not be used in the calculation of hazardous wastes generated for purposes of this section, and is not required to be addressed by plans prepared under this section. A person with multiple interrelated facilities where the processes in the facilities are substantially similar, may prepare a single plan covering one or more of those facilities.
(2) Each user or generator required to write a plan is encouraged to advise its employees of the planning process and solicit comments or suggestions from its employees on hazardous substance use and waste reduction options.
(3) The department shall adopt by April 1, 1991, rules for preparation of plans. The rules shall require the plan to address the following options, according to the following order of priorities: Hazardous substance use reduction, waste reduction, recycling, and treatment. In the planning process, first consideration shall be given to hazardous substance use reduction and waste reduction options. Consideration shall be given next to recycling options. Recycling options may be considered only after hazardous substance use reduction options and waste reduction options have been thoroughly researched and shown to be inappropriate. Treatment options may be considered only after hazardous substance use reduction, waste reduction, and recycling options have been thoroughly researched and shown to be inappropriate. Documentation of the research shall be available to the department upon request. The rules shall also require the plans to discuss the hazardous substance use reduction, waste reduction, and closed loop recycling options separately from other recycling and treatment options. All plans shall be written in conformance with the format prescribed in the rules adopted under this section. The rules shall require the plans to include, but not be limited to:
(a) A written policy articulating management and corporate support for the plan and a commitment to implementing planned activities and achieving established goals;
(b) The plan scope and objectives;
(c) Analysis of current hazardous substance use and hazardous waste generation, and a description of current hazardous substance use reduction, waste reduction, recycling, and treatment activities;
(d) An identification of further hazardous substance use reduction, waste reduction, recycling, and treatment opportunities, and an analysis of the amount of hazardous substance use reduction and waste reduction that would be achieved, and the costs. The analysis of options shall demonstrate that the priorities provided for in this section have been followed;
(e) A selection of options to be implemented in accordance with the priorities established in this section;
(f) An analysis of impediments to implementing the options. Impediments that shall be considered acceptable include, but are not limited to: Adverse impacts on product quality, legal or contractual obligations, economic practicality, and technical feasibility;
(g) A written policy stating that in implementing the selected options, whenever technically and economically practicable, risks will not be shifted from one part of a process, environmental media, or product to another;
(h) Specific performance goals in each of the following categories, expressed in numeric terms:
(i) Hazardous substances to be reduced or eliminated from use;
(ii) Wastes to be reduced or eliminated through waste reduction techniques;
(iii) Materials or wastes to be recycled; and
(iv) Wastes to be treated;
If the establishment of numeric performance goals is not practicable, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as is practicable. Goals shall be set for a five-year period from the first reporting date;
(i) A description of how the wastes that are not recycled or treated and the residues from recycling and treatment processes are managed may be included in the plan;
(j) Hazardous substance use and hazardous waste accounting systems that identify hazardous substance use and waste management costs and factor in liability, compliance, and oversight costs;
(k) A financial description of the plan;
(l) Personnel training and employee involvement programs;
(m) A five-year plan implementation schedule;
(n) Documentation of hazardous substance use reduction and waste reduction efforts completed before or in progress at the time of the first reporting date; and
(o) An executive summary of the plan, which shall include, but not be limited to:
(i) The information required by (c), (e), (h), and (n) of this subsection; and
(ii) A summary of the information required by (d) and (f) of this subsection.
(4) Upon completion of a plan, the owner, chief executive officer, or other person with the authority to commit management to the plan shall sign and submit an executive summary of the plan to the department.
(5) Plans shall be completed and executive summaries submitted in accordance with the following schedule:
(a) Hazardous waste generators who generated more than fifty thousand pounds of hazardous waste in calendar year 1991 and hazardous substance users who were required to report in 1991, by September 1, 1992;
(b) Hazardous waste generators who generated between seven thousand and fifty thousand pounds of hazardous waste in calendar year 1992 and hazardous substance users who were required to report for the first time in 1992, by September 1, 1993;
(c) Hazardous waste generators who generated between two thousand six hundred forty and seven thousand pounds of hazardous waste in 1993 and hazardous substance users who were required to report for the first time in 1993, by September 1, 1994;
(d) Hazardous waste generators who have not been required to complete a plan on or prior to September 1, 1994, must complete a plan by September 1 of the year following the first year that they generate more than two thousand six hundred forty pounds of hazardous waste; and
(e) Hazardous substance users who have not been required to complete a plan on or prior to September 1, 1994, must complete a plan by September 1 of the year following the first year that they are required to report under section 313 of Title III of the Superfund Amendments and Reauthorization Act.
(6) Annual progress reports, including a description of the progress made toward achieving the specific performance goals established in the plan, shall be prepared and submitted to the department in accordance with rules developed under this section. Upon the request of two or more users or generators belonging to similar industrial classifications, the department may aggregate data contained in their annual progress reports for the purpose of developing a public record.
(7) Every five years, each plan shall be updated, and a new executive summary shall be submitted to the department.
[ 1991 c 319 s 314; 1990 c 114 s 6. Formerly RCW 70.95C.200.]

catchline: Hazardous waste generators and users—Voluntary reduction plan.


title: RCW 70A.214.120

text:
A person required to prepare a plan under RCW 70A.214.110 because of the quantity of hazardous waste generated may petition the director to be excused from this requirement. The person must demonstrate to the satisfaction of the director that the quantity of hazardous waste generated was due to unique circumstances not likely to be repeated and that the person is unlikely to generate sufficient hazardous waste to require a plan in the next five years.
[ 2020 c 20 s 1217; 1990 c 114 s 7. Formerly RCW 70.95C.210.]

catchline: Voluntary reduction plan—Exemption.


title: RCW 70A.214.130

text:
(1) The department may review a plan, executive summary, or an annual progress report to determine whether the plan, executive summary, or annual progress report is adequate pursuant to the rules developed under this section and with the provisions of RCW 70A.214.110. In determining the adequacy of any plan, executive summary, or annual progress report, the department shall base its determination solely on whether the plan, executive summary, or annual progress report is complete and prepared in accordance with the provisions of RCW 70A.214.110.
(2) Plans developed under RCW 70A.214.110 shall be retained at the facility of the hazardous substance user or hazardous waste generator preparing a plan. The plan is not a public record under the public records act, chapter 42.56 RCW. A user or generator required to prepare a plan shall permit the director or a representative of the director to review the plan to determine its adequacy. No visit made by the director or a representative of the director to a facility for the purposes of this subsection may be regarded as an inspection or investigation, and no notices or citations may be issued, nor any civil penalty assessed, upon such a visit.
(3) If a hazardous substance user or hazardous waste generator fails to complete an adequate plan, executive summary, or annual progress report, the department shall notify the user or generator of the inadequacy, identifying specific deficiencies. For the purposes of this section, a deficiency may include failure to develop a plan, failure to submit an executive summary pursuant to the schedule provided in RCW 70A.214.110(5), and failure to submit an annual progress report pursuant to the rules developed under RCW 70A.214.110(6). The department shall specify a reasonable time frame, of not less than ninety days, within which the user or generator shall complete a modified plan, executive summary, or annual progress report addressing the specified deficiencies.
(4) If the department determines that a modified plan, executive summary, or annual progress report is inadequate, the department may, within its discretion, either require further modification or enter an order pursuant to subsection (5)(a) of this section.
(5)(a) If, after having received a list of specified deficiencies from the department, a hazardous substance user or hazardous waste generator required to prepare a plan fails to complete modification of a plan, executive summary, or annual progress report within the time period specified by the department, the department may enter an order pursuant to chapter 34.05 RCW finding the user or generator not in compliance with the requirements of RCW 70A.214.110. When the order is final, the department shall notify the department of revenue to charge a penalty fee. The penalty fee shall be the greater of one thousand dollars or three times the amount of the user's or generator's previous year's fee, in addition to the current year's fee. If no fee was assessed the previous year, the penalty shall be the greater of one thousand dollars or three times the amount of the current year's fee. The penalty assessed under this subsection shall be collected each year after the year for which the penalty was assessed until an adequate plan or executive summary is completed.
(b) If a hazardous substance user or hazardous waste generator required to prepare a plan fails to complete an adequate plan, executive summary, or annual progress report after the department has levied against the user or generator the penalty provided in (a) of this subsection, the user or generator shall be required to pay a surcharge to the department whenever the user or generator disposes of a hazardous waste at any hazardous waste incinerator or hazardous waste landfill facility located in Washington state, until a plan, executive summary, or annual progress report is completed and determined to be adequate by the department. The surcharge shall be equal to three times the fee charged for disposal. The department shall furnish the incinerator and landfill facilities in this state with a list of environmental protection agency/state identification numbers of the hazardous waste generators that are not in compliance with the requirements of RCW 70A.214.110.
[ 2020 c 20 s 1218; 2005 c 274 s 338; 1990 c 114 s 8. Formerly RCW 70.95C.220.]

catchline: Voluntary reduction plan, executive summary, or progress report—Department review.


title: RCW 70A.214.140

text:
A user or generator may appeal from a department order or a surcharge under RCW 70A.214.130 to the pollution control hearings board pursuant to chapter 43.21B RCW.
[ 2020 c 20 s 1219; 1990 c 114 s 9. Formerly RCW 70.95C.230.]

catchline: Appeal of department order or surcharge.


title: RCW 70A.214.150

text:
(1) The department shall make available for public inspection any executive summary or annual progress report submitted to the department. Any hazardous substance user or hazardous waste generator required to prepare an executive summary or annual progress report who believes that disclosure of any information contained in the executive summary or annual progress report may adversely affect the competitive position of the user or generator may request the department pursuant to RCW 43.21A.160 to delete from the public record those portions of the executive summary or annual progress report that may affect the user's or generator's competitive position. The department shall not disclose any information contained in an executive summary or annual progress report pending a determination of whether the department will delete any information contained in the report from the public record.
(2) Any ten persons residing within ten miles of a hazardous substance user or hazardous waste generator required to prepare a plan may file with the department a petition requesting the department to examine a plan to determine its adequacy. The department shall report its determination of adequacy to the petitioners and to the user or generator within a reasonable time. The department may deny a petition if the department has within the previous year determined the plan of the user or generator named in the petition to be adequate.
(3) The department shall maintain a record of each plan, executive summary, or annual progress report it reviews, and a list of all plans, executive summaries, or annual progress reports the department has determined to be inadequate, including descriptions of corrective actions taken. This information shall be made available to the public.
[ 1990 c 114 s 10. Formerly RCW 70.95C.240.]

catchline: Public inspection of plans, summaries, progress reports.


title: RCW 70A.214.160

text:
(1) Not later than January 1, 1995, the department shall designate an industry type and up to ten individual facilities within that industry type to be the focus of a pilot multimedia program. The program shall be designed to coordinate department actions related to environmental permits, plans, approvals, certificates, registrations, technical assistance, and inspections. The program shall also investigate the feasibility of issuing facility-wide permits. The director shall determine the industry type and facilities based on:
(a) A review of at least three industry types; and
(b) Criteria which shall include at least the following factors:
(i) The potential for the industry to serve as a statewide model for multimedia environmental programs including pollution prevention;
(ii) Whether the industry type is subject to regulatory requirements relating to at least two of the following subject areas: Air quality, water quality, or hazardous waste management;
(iii) The existence within the industry type of a range of business sizes; and
(iv) Voluntary participation in the program.
(2) In developing the program, the department shall consult with and seek the cooperation of the environmental protection agency.
(3) For purposes of this section, "facility-wide permit" means a single multimedia permit issued by the department to the owner or operator of a facility incorporating the permits and any other relevant department approvals previously issued to the owner or operator or currently required by the department.
[ 1998 c 245 s 134; 1994 c 248 s 1. Formerly RCW 70.95C.250.]
Notes:
Conflict with federal requirements—1994 c 248: "If any part of this act is found to be in conflict with federal requirements, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned." [ 1994 c 248 s 5.]

catchline: Multimedia permit pilot program—Air, water, hazardous waste management.


title: RCW 70A.216.010

text:
Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.
(1) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.
(2) "Department" means the department of ecology.
(3) "Director" means the director of ecology.
(4) "Incinerator" means a facility which has the primary purpose of burning or which is designed with the primary purpose of burning solid waste or solid waste derived fuel, but excludes facilities that have the primary purpose of burning hog fuel.
(5) "Landfill" means a landfill as defined under RCW 70A.205.015.
(6) "Owner" means, in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chief elected official of the county legislative authority or the chief elected official's designee; in the case of a board of public utilities, association, municipality, or other public body, the president or chief elected official of the body or the president's or chief elected official's designee; in the case of a privately owned landfill or incinerator, the legal owner.
(7) "Solid waste" means solid waste as defined under RCW 70A.205.015.
[ 2020 c 20 s 1220; 1995 c 269 s 2801; 1989 c 431 s 65. Formerly RCW 70.95D.010.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.


title: RCW 70A.216.020

text:
(1) By January 1, 1992, the owner or operator of a solid waste incineration facility shall employ a certified operator. At a minimum, the individual on-site at a solid waste incineration facility who is designated by the owner as the operator in responsible charge of the operation and maintenance of the facility on a routine basis shall be certified by the department.
(2) If a solid waste incinerator is operated on more than one daily shift, the operator in charge of each shift shall be certified.
(3) Operators not required to be certified are encouraged to become certified on a voluntary basis.
(4) The department shall adopt and enforce such rules as may be necessary for the administration of this section.
[ 1989 c 431 s 66. Formerly RCW 70.95D.020.]

catchline: Incineration facilities—Owner and operator certification requirements.


title: RCW 70A.216.030

text:
(1) By January 1, 1992, the owner or operator of a landfill shall employ a certified landfill operator.
(2) For each of the following types of landfills defined in existing regulations: Inert, demolition waste, problem waste, and municipal solid waste, the department shall adopt rules classifying all landfills in each class. The factors to be considered in the classification shall include, but not be limited to, the type and amount of waste in place and projected to be disposed of at the site, whether the landfill currently meets state and federal operating criteria, the location of the landfill, and such other factors as may be determined to affect the skill, knowledge, and experience required of an operator to operate the landfill in a manner protective of human health and the environment.
(3) The rules shall identify the landfills in each class in which the owner or operator will be required to employ a certified landfill operator who is on-site at all times the landfill is operating. At a minimum, the rule shall require that owners and operators of landfills are required to employ a certified landfill operator who is on call at all times the landfill is operating.
[ 1989 c 431 s 67. Formerly RCW 70.95D.030.]

catchline: Landfills—Owner and operator certification requirements.


title: RCW 70A.216.040

text:
(1) The department shall establish a process to certify incinerator and landfill operators. To the greatest extent possible, the department shall rely on the certification standards and procedures developed by national organizations and the federal government.
(2) Operators shall be certified if they:
(a) Attend the required training sessions;
(b) Successfully complete required examinations; and
(c) Pay the prescribed fee.
(3) By January 1, 1991, the department shall adopt rules to require incinerator and appropriate landfill operators to:
(a) Attend a training session concerning the operation of the relevant type of landfill or incinerator;
(b) Demonstrate sufficient skill and competency for proper operation of the incinerator or landfill by successfully completing an examination prepared by the department; and
(c) Renew the certificate of competency at reasonable intervals established by the department.
(4) The department shall provide for the collection of fees for the issuance and renewal of certificates. These fees shall be sufficient to recover the costs of the certification program.
(5) The department shall establish an appeals process for the denial or revocation of a certificate.
(6) The department shall establish a process to automatically certify operators who have received comparable certification from another state, the federal government, a local government, or a professional association.
(7) Upon July 23, 1989, and prior to January 1, 1992, the owner or operator of an incinerator or landfill may apply to the department for interim certification. Operators shall receive interim certification if they:
(a) Have received training provided by a recognized national organization, educational institution, or the federal government that is acceptable to the department; or
(b) Have received individualized training in a manner approved by the department; and
(c) Have successfully completed any required examinations.
(8) No interim certification shall be valid after January 1, 1992, and interim certification shall not automatically qualify operators for certification pursuant to subsections (2) through (4) of this section.
(9) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 1997 c 58 s 875; 1989 c 431 s 68. Formerly RCW 70.95D.040.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: Certification process—Suspension of license or certificate for noncompliance with support order.


title: RCW 70A.216.050

text:
The director may establish ad hoc advisory committees, as necessary, to obtain advice and technical assistance on the certification of solid waste incinerator and landfill operators.
[ 1995 c 269 s 2804. Formerly RCW 70.95D.051.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Ad hoc advisory committees.


title: RCW 70A.216.060

text:
(1) The director may revoke a certificate:
(a) If it were found to have been obtained by fraud or deceit;
(b) For gross negligence in the operation of a solid waste incinerator or landfill;
(c) For violating the requirements of this chapter or any lawful rule or order of the department; or
(d) If the facility operated by the certified employee is operated in violation of state or federal environmental laws.
(2) A person whose certificate is revoked under this section shall not be eligible to apply for a certificate for one year from the effective date of the final order of revocation.
[ 1995 c 269 s 2802; 1989 c 431 s 70. Formerly RCW 70.95D.060.]
Notes:
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Revocation of certification.


title: RCW 70A.216.070

text:
Any person who is employed by a public agency to inspect the operation of a landfill or a solid waste incinerator to determine the compliance of the facility with state or local laws or rules shall be required to be certified in the same manner as an operator under this chapter.
[ 1989 c 431 s 71. Formerly RCW 70.95D.070.]

catchline: Certification of inspectors.


title: RCW 70A.216.080

text:
To carry out the provisions and purposes of this chapter, the director may:
(1) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the director deems appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, or other organizations or individuals.
(2) Receive financial and technical assistance from the federal government, other public agencies, and private agencies.
(3) Participate in related programs of the federal government, other states, interstate agencies, other public agencies, or private agencies or organizations.
(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this chapter to federal, state, or interstate agencies, municipalities, educational institutions, and other organizations and individuals.
(5) Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out this chapter.
(6) Adopt rules under chapter 34.05 RCW.
[ 1989 c 431 s 72. Formerly RCW 70.95D.080.]

catchline: Authority of director.


title: RCW 70A.216.090

text:
After January 1, 1992, it is unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a solid waste incineration or landfill facility unless the operators are duly certified by the director under this chapter or any lawful rule or order of the department. It is unlawful for any person to perform the duties of an operator without being duly certified under this chapter. The department shall adopt rules that allow the owner or operator of a landfill or solid waste incineration facility to request a variance from this requirement under emergency conditions. The department may impose such conditions as may be necessary to protect human health and the environment during the term of the variance.
[ 1989 c 431 s 73. Formerly RCW 70.95D.090.]

catchline: Unlawful acts—Variance from requirements.


title: RCW 70A.216.100

text:
(1) Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, with the exception of incinerator operators, violating any provision of this chapter or the rules adopted under this chapter, is guilty of a misdemeanor.
(2) Any incinerator operator who violates any provision of this chapter is guilty of a gross misdemeanor.
(3) Each day of operation in violation of this chapter or any rules adopted under this chapter shall constitute a separate offense.
(4) The prosecuting attorney or the attorney general, as appropriate, shall secure injunctions of continuing violations of any provisions of this chapter or the rules adopted under this chapter.
[ 2003 c 53 s 356; 1989 c 431 s 74. Formerly RCW 70.95D.100.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Penalties.


title: RCW 70A.216.110

text:
All receipts realized in the administration of this chapter shall be paid into the general fund.
[ 1989 c 431 s 75. Formerly RCW 70.95D.110.]

catchline: Deposit of receipts.


title: RCW 70A.218.010

text:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Dangerous waste" shall have the same definition as set forth in RCW 70A.300.010(1) and shall include those wastes designated as dangerous by rules adopted pursuant to chapter 70A.300 RCW.
(2) "Department" means the department of ecology.
(3) "EPA/state identification number" means the number assigned by the EPA (environmental protection agency) or by the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.
(4) "Extremely hazardous waste" shall have the same definition as set forth in RCW 70A.300.010(7) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70A.300 RCW.
(5) "Fee" means the annual fees imposed under this chapter.
(6) "Generate" means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation.
(7) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes but for the purposes of this chapter excludes all radioactive wastes or substances composed of both radioactive and hazardous components.
(8) "Hazardous waste generator" means all persons whose primary business activities are identified by the department to generate any quantity of hazardous waste in the calendar year for which the fee is imposed.
(9) "Person" means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government including any agency or officer thereof, and any Indian tribe or authorized tribal organization.
(10) "Price deflator" means the United States department of commerce bureau of economic analysis, "Implicit Price Deflator for Gross National Product" for "Government Purchases of Goods and Services," for "State and Local Government."
(11) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not include: (a) Use constituting disposal; (b) incineration; or (c) use as a fuel.
(12) "Waste generation site" means any geographical area that has been assigned an EPA/state identification number.
[ 2020 c 20 s 1221; 1995 c 207 s 1; 1994 c 136 s 1; 1990 c 114 s 11. Formerly RCW 70.95E.010.]
Notes:
Effective date—1995 c 207: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 3, 1995]." [ 1995 c 207 s 5.]

catchline: Definitions.


title: RCW 70A.218.020

text:
A fee is imposed for the privilege of generating hazardous waste in the state. The annual amount of the fee shall be thirty-five dollars upon every hazardous waste generator doing business in Washington in the current calendar year or any part thereof. This fee shall be collected by the department or its designee. A hazardous waste generator shall be exempt from the fee imposed under this section if the value of products, gross proceeds of sales, or gross income of the business, from all business activities of the hazardous waste generator, is less than twelve thousand dollars in the current calendar year. The department shall, subject to appropriation, use the funds collected from the fees assessed in this subsection to support the activities of the office of waste reduction as specified in RCW 70A.214.030. The fee imposed pursuant to this section is due annually by July 1 of the year following the calendar year for which the fee is imposed.
[ 2020 c 20 s 1222; 1995 c 207 s 2. Prior: 1994 sp.s. c 2 s 3; 1994 c 136 s 2; 1990 c 114 s 12. Formerly RCW 70.95E.020.]
Notes:
Effective date—1995 c 207: See note following RCW 70A.218.010.
Effective date—1994 sp.s. c 2: See note following RCW 82.04.4451.

catchline: Hazardous waste generation—Fee.