title: RCW 70A.245.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Beverage" means beverages identified in (a) through (f) of this subsection, intended for human or animal consumption, and in a quantity more than or equal to two fluid ounces and less than or equal to one gallon:
(a) Water and flavored water;
(b) Beer or other malt beverages;
(c) Wine;
(d) Distilled spirits;
(e) Mineral water, soda water, and similar carbonated soft drinks; and
(f) Any beverage other than those specified in (a) through (e) of this subsection, except infant formula as defined in 21 U.S.C. Sec. 321(z), medical food as defined in 21 U.S.C. Sec. 360ee(b)(3), or fortified oral nutritional supplements used for persons who require supplemental or sole source nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, or other medical conditions as determined by the department.
(2) "Beverage manufacturing industry" means an association that represents beverage producers.
(3) "Condiment packaging" means packaging used to deliver single-serving condiments to customers. Condiment packaging includes, but is not limited to, single-serving packaging for ketchup, mustard, relish, mayonnaise, hot sauce, coffee creamer, salad dressing, jelly, jam, and soy sauce.
(4)(a) "Covered product" means an item in one of the following categories subject to minimum postconsumer recycled content requirements:
(i) Plastic trash bags;
(ii) Household cleaning and personal care products that use plastic household cleaning and personal care product containers; and
(iii) Beverages that use plastic beverage containers.
(b) "Covered product" does not include any type of container or bag for which the state is preempted from regulating content of the container material or bag material under federal law.
(5) "Dairy milk" means a beverage that designates milk as the predominant (first) ingredient in the ingredient list on the container's label.
(6) "Department" means the department of ecology.
(7) "Expanded polystyrene" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
(8) "Food service business" means a business selling or providing food for consumption on or off the premises, and includes full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts, home delivery services, delivery services provided through an online application, and business or institutional cafeterias.
(9) "Food service product" means a product intended for one-time use and used for food or drink offered for sale or use. Food service products include, but are not limited to, containers, plates, bowls, cups, lids, beverage containers, meat trays, deli rounds, utensils, sachets, straws, condiment packaging, clamshells and other hinged or lidded containers, wrap, and portion cups.
(10) "Household cleaning and personal care product" means any of the following:
(a) Laundry detergents, softeners, and stain removers;
(b) Household cleaning products;
(c) Liquid soap;
(d) Shampoo, conditioner, styling sprays and gels, and other hair care products; or
(e) Lotion, moisturizer, facial toner, and other skin care products.
(11) "Household cleaning and personal care product manufacturing industry" means an association that represents companies that manufacture household cleaning and personal care products.
(12) "Licensee" means a manufacturer or entity who licenses a brand and manufactures a covered product under that brand.
(13) "Oral nutritional supplement" means a manufactured liquid, powder capable of being reconstituted, or solid product that contains a combination of carbohydrates, proteins, fats, fiber, vitamins, and minerals intended to supplement a portion of a patient's nutrition intake.
(14) "Plastic beverage container" means a bottle or other rigid container that is capable of maintaining its shape when empty, comprised solely of one or multiple plastic resins designed to contain a beverage. Plastic beverage container does not include:
(a) Refillable beverage containers, such as containers that are sufficiently durable for multiple rotations of their original or similar purpose and are intended to function in a system of reuse;
(b) Rigid plastic containers or plastic bottles that are or are used for medical devices, medical products that are required to be sterile, nonprescription and prescription drugs, or dietary supplements as defined in RCW 82.08.0293;
(c) Bladders or pouches that contain wine; or
(d) Liners, caps, corks, closures, labels, and other items added externally or internally but otherwise separate from the structure of the bottle or container.
(15)(a) "Plastic household cleaning and personal care product container" means a bottle, jug, or other rigid container with a neck or mouth narrower than the base, and:
(i) A minimum capacity of eight fluid ounces or its equivalent volume;
(ii) A maximum capacity of five fluid gallons or its equivalent volume;
(iii) That is capable of maintaining its shape when empty;
(iv) Comprised solely of one or multiple plastic resins; and
(v) Containing a household cleaning or personal care product.
(b) "Plastic household cleaning and personal care product container" does not include:
(i) Refillable household cleaning and personal care product containers, such as containers that are sufficiently durable for multiple rotations of their original or similar purpose and are intended to function in a system of reuse; and
(ii) Rigid plastic containers or plastic bottles that are medical devices, medical products that are required to be sterile, and nonprescription and prescription drugs, dietary supplements as defined in RCW 82.08.0293, and packaging used for those products.
(16) "Plastic trash bag" means a bag that is made of noncompostable plastic, is at least 0.70 mils thick, and is designed and manufactured for use as a container to hold, store, or transport materials to be discarded or recycled, and includes, but is not limited to, a garbage bag, recycling bag, lawn or leaf bag, can liner bag, kitchen bag, or compactor bag. "Plastic trash bag" does not include any compostable bags meeting the requirements of chapter 70A.455 RCW.
(17) "Plastic trash bag manufacturing industry" means an association that represents companies that manufacture plastic trash bags.
(18) "Postconsumer recycled content" means the content of a covered product made of recycled materials derived specifically from recycled material generated by households or by commercial, industrial, and institutional facilities in their role as end users of a product that can no longer be used for its intended purpose. "Postconsumer recycled content" includes returns of material from the distribution chain.
(19)(a) "Producer" means the following person responsible for compliance with minimum postconsumer recycled content requirements under this chapter for a covered product sold, offered for sale, or distributed in or into this state:
(i) If the covered product is sold under the manufacturer's own brand or lacks identification of a brand, the producer is the person who manufactures the covered product;
(ii) If the covered product is manufactured by a person other than the brand owner, the producer is the person who is the licensee of a brand or trademark under which a covered product is sold, offered for sale, or distributed in or into this state, whether or not the trademark is registered in this state, unless the manufacturer or brand owner of the covered product has agreed to accept responsibility under this chapter; or
(iii) If there is no person described in (a)(i) and (ii) of this subsection over whom the state can constitutionally exercise jurisdiction, the producer is the person who imports or distributes the covered product in or into the state.
(b) "Producer" does not include:
(i) Government agencies, municipalities, or other political subdivisions of the state;
(ii) Registered 501(c)(3) charitable organizations and 501(c)(4) social welfare organizations; or
(iii) De minimis producers that annually sell, offer for sale, distribute, or import in or into the country for sale in Washington:
(A) Less than one ton of a single category of plastic beverage containers, plastic household cleaning and personal care containers, or plastic trash bags each year; or
(B) A single category of a covered product that in aggregate generates less than $1,000,000 each year in revenue.
(20)(a) "Retail establishment" means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods, or materials directly to a customer.
(b) "Retail establishment" includes, but is not limited to, food service businesses, grocery stores, department stores, hardware stores, home delivery services, pharmacies, liquor stores, restaurants, catering trucks, convenience stores, or other retail stores or vendors, including temporary stores or vendors at farmers markets, street fairs, and festivals.
(21)(a) "Utensil" means a product designed to be used by a consumer to facilitate the consumption of food or beverages, including knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers.
(b) "Utensil" does not include plates, bowls, cups, and other products used to contain food or beverages.
[ 2021 c 313 s 2.]
Notes:
Finding—Intent—2021 c 313: "(1) The legislature finds that minimum recycled content requirements for plastic beverage containers, trash bags, and household cleaning and personal care product containers, bans on problematic and unnecessary plastic packaging, and standards for customer opt-in for food service packaging and accessories are among actions needed to improve the state's recycling system as well as reduce litter.
(2) By implementing a minimum recycled content requirement for plastic beverage containers, trash bags, and household cleaning and personal care product containers; prohibiting the sale and distribution of certain expanded polystyrene products; and establishing optional serviceware requirements as provided for in this chapter; the legislature intends to take another step towards ensuring plastic packaging and other packaging materials are reduced, recycled, and reused." [ 2021 c 313 s 1.]


doc_type: statute

jurisdiction: wa

title: RCW 70A.245.020

text:
(1)(a) Beginning January 1, 2023, producers that offer for sale, sell, or distribute in or into Washington:
(i) Beverages other than wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers must meet minimum postconsumer recycled content requirements established under subsection (4) of this section; and
(ii) Plastic trash bags must meet minimum postconsumer recycled content requirements established under subsection (6) of this section.
(b) Beginning January 1, 2025, producers that offer for sale, sell, or distribute in or into Washington household cleaning and personal care products in plastic household cleaning and personal care product containers must meet minimum postconsumer recycled content as required under subsection (5) of this section.
(c) Beginning January 1, 2028, producers that offer for sale, sell, or distribute in or into Washington wine in 187 milliliter plastic beverage containers or dairy milk in plastic beverage containers must meet minimum postconsumer recycled content as required under subsection (4) of this section.
(2)(a) On or before April 1, 2022, and annually thereafter, a producer that offers for sale, sells, or distributes in or into Washington covered products must register with the department individually or through a third-party representative registering on behalf of a group of producers.
(b) The registration information submitted to the department under this section must include a list of the producers of covered products and the brand names of the covered products represented in the registration submittal. Beginning April 1, 2024, for plastic trash bags and plastic beverage containers other than wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers, April 1, 2026, for plastic household and personal care product containers, and April 1, 2029, for wine in 187 milliliter plastic beverage containers and dairy milk, a producer may submit registration information at the same time as the information submitted through the annual reporting required under RCW 70A.245.030.
(3)(a) By January 31, 2022, and every January 31st thereafter, the department must:
(i) Prepare an annual workload analysis for public comment that identifies the annual costs it expects to incur to implement, administer, and enforce this section and RCW 70A.245.030 through 70A.245.060 and 70A.245.090 (1), (2), and (4), including rule making, in the next fiscal year for each category of covered products;
(ii) Determine a total annual fee payment by producers or their third-party representatives for each category of covered products that is adequate to cover, but not exceed, the workload identified in (a)(i) of this subsection;
(iii) Until rules are adopted under (a)(iv) of this subsection, issue a general order to all entities falling within the definition of producer. The department must equitably determine fee amounts for an individual producer or third-party representatives within each category of covered product;
(iv) By 2024, adopt rules to equitably determine annual fee payments by producers or their third-party representatives within each category of covered product. Once such rules are adopted, the general order issued under (a)(iii) of this subsection is no longer effective; and
(v) Send notice to producers or their third-party representatives of fee amounts due consistent with either the general order issued under (a)(iii) of this subsection or rules adopted under (a)(iv) of this subsection.
(b) The department must:
(i) Apply any remaining annual payment funds from the current year to the annual payment for the coming year, if the collected annual payment exceeds the department's costs for a given year; and
(ii) Increase annual payments for the coming year to cover the department's costs, if the collected annual payment was less than the department's costs for a given year.
(c) By April 1, 2022, and every April 1st thereafter, producers or their third-party representative must submit a fee payment as determined by the department under (a) of this subsection.
(4) A producer of a beverage in a plastic beverage container must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of plastic beverage containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
(a) For beverages except wine in 187 milliliter plastic beverage containers and dairy milk:
(i) January 1, 2023, through December 31, 2025: No less than 15 percent postconsumer recycled content plastic by weight;
(ii) January 1, 2026, through December 31, 2030: No less than 25 percent postconsumer recycled content plastic by weight; and
(iii) On and after January 1, 2031: No less than 50 percent postconsumer recycled content plastic by weight.
(b) For wine in 187 milliliter plastic beverage containers and dairy milk:
(i) January 1, 2028, through December 31, 2030: No less than 15 percent postconsumer recycled content plastic by weight;
(ii) January 1, 2031, through December 31, 2035: No less than 25 percent postconsumer recycled content plastic by weight; and
(iii) On and after January 1, 2036: No less than 50 percent postconsumer recycled content plastic by weight.
(5) A producer of household cleaning and personal care products in plastic containers must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of plastic containers, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
(a) January 1, 2025, through December 31, 2027: No less than 15 percent postconsumer recycled content plastic by weight;
(b) January 1, 2028, through December 31, 2030: No less than 25 percent postconsumer recycled content plastic by weight; and
(c) On and after January 1, 2031: No less than 50 percent postconsumer recycled content plastic by weight.
(6) A producer of plastic trash bags must meet the following annual minimum postconsumer recycled content percentage on average for the total quantity of plastic trash bags, by weight, that are sold, offered for sale, or distributed in or into Washington by the producer effective:
(a) January 1, 2023, through December 31, 2024: No less than 10 percent postconsumer recycled content plastic by weight;
(b) January 1, 2025, through December 31, 2026: No less than 15 percent postconsumer recycled content plastic by weight; and
(c) On and after January 1, 2027: No less than 20 percent postconsumer recycled content plastic by weight.
(7)(a) Beginning January 1, 2024, or when rule making is complete, whichever is sooner, the department may, on an annual basis on January 1st, review and determine for the following year whether to adjust the minimum postconsumer recycled content percentage required for a type of container or product or category of covered products pursuant to subsection (4), (5), or (6) of this section. The department's review may be initiated by the department or at the petition of a producer or a covered product manufacturing industry not more than once annually. When submitting a petition, producers or a producer manufacturing industry must provide necessary information that will allow the department to make a determination under (b) of this subsection.
(b) In making a determination pursuant to this subsection, the department must consider, at a minimum, all of the following factors:
(i) Changes in market conditions, including supply and demand for postconsumer recycled content plastics, collection rates, and bale availability both domestically and globally;
(ii) Recycling rates;
(iii) The availability of recycled plastic suitable to meet the minimum postconsumer recycled content requirements pursuant to subsection (4), (5), or (6) of this section, including the availability of high quality recycled plastic, and food-grade recycled plastic from recycling programs;
(iv) The capacity of recycling or processing infrastructure;
(v) The technical feasibility of achieving the minimum postconsumer recycled content requirements in covered products that are regulated under 21 C.F.R., chapter I, subchapter G, 7 U.S.C. Sec. 136, 15 U.S.C. Sec. 1471-1477, 49 C.F.R. Sec. 178.33b, 49 C.F.R. Sec. 173, 40 C.F.R. Sec. 152.10, 15 U.S.C. Sec. 1261-1278, 49 U.S.C. 5101 et seq., 49 C.F.R. Sec. 178.509, 49 C.F.R. Sec. 179.522, 49 C.F.R. Sec. 178.600-609, and other federal laws; and
(vi) The progress made by producers in achieving the goals of this section.
(c) Under (a) of this subsection:
(i) The department may not adjust the minimum postconsumer recycled content requirements above the minimum postconsumer recycled content percentages for the year under review required pursuant to subsection (4), (5), or (6) of this section.
(ii) For plastic household cleaning and personal care product containers, the department may not adjust the minimum postconsumer recycled content requirements above the minimum postconsumer recycled content percentages for the year under review required pursuant to subsection (5) of this section or below a minimum of 10 percent.
(iii) For plastic trash bags, the department may not adjust the minimum postconsumer recycled content requirements above the minimum postconsumer recycled content percentages for the year under review required pursuant to subsection (6) of this section or below the minimum percentage required in subsection (6)(a) of this section.
(d) A producer or the manufacturing industry for a covered product may appeal a decision by the department to adjust postconsumer recycled content percentages under (a) of this subsection or to temporarily exclude covered products from minimum postconsumer recycled content requirements under subsection (8) of this section to the pollution control hearings board within 30 days of the department's determination.
(8) The department must temporarily exclude from minimum postconsumer recycled content requirements for the upcoming year any types of covered products in plastic containers for which a producer annually demonstrates to the department by December 31st of a given year that the achievement of postconsumer recycled content requirements in the container material is not technically feasible in order to comply with health or safety requirements of federal law, including the federal laws specified in subsection (7)(b)(v) of this section. A producer must continue to register and report consistent with the requirements of this chapter for covered products temporarily excluded from minimum postconsumer recycled content requirements under this subsection.
(9) A producer that does not achieve the postconsumer recycled content requirements established under this section is subject to penalties established in RCW 70A.245.040.
(10)(a) A city, town, county, or municipal corporation may not implement local recycled content requirements for a covered product that is subject to minimum postconsumer recycled content requirements established in this section.
(b) A city, town, county, or municipal corporation may establish local purchasing requirements that include recycled content standards that exceed the minimum recycled content requirements established by this chapter for plastic household cleaning and personal care product containers or plastic trash bags purchased by a city, town, or municipal corporation, or its contractor.
(11) The department may enter into contracts for the services required to implement this chapter and related duties of the department.
(12) In-state distributors, wholesalers, and retailers in possession of covered products manufactured before the date that postconsumer recycled content requirements become effective may exhaust their existing stock through sales to the public.
[ 2021 c 313 s 3.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Postconsumer recycled content.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.245.030

text:
(1)(a) Except as provided in (b) and (c) of this subsection, beginning April 1, 2024, each producer of covered products, individually or through a third party representing a group of producers, must provide an annual report to the department that includes the amount in pounds of virgin plastic and the amount in pounds of postconsumer recycled content by resin type used for each category of covered products that are sold, offered for sale, or distributed in or into Washington state, including the total postconsumer recycled content resins as a percentage of total weight. The report must be submitted in a format and manner prescribed by the department. A manufacturer may submit national data allocated on a per capita basis for Washington to approximate the information required in this subsection if the producer or third-party representative demonstrates to the department that state level data are not available or feasible to generate.
(b) The requirements of (a) of this subsection apply to household cleaning and personal care products in plastic containers beginning April 1, 2026.
(c) The requirements of (a) of this subsection apply to wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers beginning April 1, 2029.
(d) The department must post the information reported under this subsection on its website, except as provided in subsection (2) of this section.
(2) A producer that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department, the director, or the appropriate division of the department. The director of the department must give consideration to the request and if this action is not detrimental to the public interest and is otherwise in accordance with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160.
[ 2021 c 313 s 4.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Producer reporting requirements.


title: RCW 70A.245.040

text:
(1)(a) A producer that does not meet the minimum postconsumer recycled content requirements pursuant to RCW 70A.245.020 is subject to a penalty pursuant to this section. Beginning June 1st of the year following the first year that minimum postconsumer recycled product content requirements apply to a category of covered product, the penalty must be calculated consistent with subsection (2) of this section unless a penalty reduction or corrective action plan has been approved pursuant to subsection (3) of this section.
(b) A producer that is assessed a penalty pursuant to this section may pay the penalty to the department in one payment, in quarterly installments, or arrange an alternative payment schedule subject to the approval of the department, not to exceed a 12-month payment schedule unless the department determines an extension is needed due to unforeseen circumstances, such as a public health emergency, state of emergency, or natural disaster.
(2) Beginning June 1st of the year following the first year that minimum postconsumer recycled product content requirements apply to a category of covered product, and annually thereafter, the department shall determine the penalty for the previous calendar year based on the postconsumer recycled content requirement of the previous calendar year. The department shall calculate the amount of the penalty based upon the amounts in pounds in the aggregate of virgin plastic, postconsumer recycled content plastic, and any other plastic per category used by the producer to produce covered products sold or offered for sale in or into Washington state, in accordance with the following:
(a)(i) The annual penalty amount assessed to a producer must equal the product of both of the following: The total pounds of plastic used per category multiplied by the relevant minimum postconsumer recycled plastic target percentage, less the pounds of total plastic multiplied by the percent of postconsumer recycled plastic used; multiplied by 20 cents.
(ii) Example: [(Total pounds of plastic used x minimum postconsumer recycled plastic target percentage) – (Total pounds of plastic used x postconsumer recycled plastic percentage used)] x 20 cents.
(b) For the purposes of (a) of this subsection, both of the following apply:
(i) The total pounds of plastic used must equal the sum of the amount of virgin plastic, postconsumer recycled content plastic, and any other plastic used by the producer, as reported pursuant to RCW 70A.245.030.
(ii) If the product calculated pursuant to (a) of this subsection is equal to or less than zero, the department may not assess a penalty.
(3)(a)(i) The department shall consider granting a reduction of penalties assessed pursuant to this section for the purpose of meeting the minimum postconsumer recycled content requirements required pursuant to RCW 70A.245.020.
(ii) In determining whether to grant the reduction pursuant to (a)(i) of this subsection, the department shall consider, at a minimum, all of the following factors:
(A) Anomalous market conditions;
(B) Disruption in, or lack of supply of, recycled plastics; and
(C) Other factors that have prevented a producer from meeting the requirements.
(b) In lieu of or in addition to assessing a penalty under this section, the department may require a producer to submit a corrective action plan detailing how the producer plans to come into compliance with RCW 70A.245.020.
(4) For the purposes of determining compliance with the postconsumer recycled content requirements of this chapter, the department may consider the date of manufacture of a covered product or the container of a covered product.
(5) A producer shall pay the penalty assessed pursuant to this section, as applicable, based on the information reported to the department as required under RCW 70A.245.030 in the form and manner prescribed by the department.
(6) A producer may appeal the penalty assessed under this section to the pollution control hearings board within 30 days of assessment.
(7) Penalties collected under this section must be deposited in the recycling enhancement account created in RCW 70A.245.100.
[ 2021 c 313 s 5.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Penalties for postconsumer recycled content requirements—Penalty.


title: RCW 70A.245.050

text:
(1) For producers out of compliance with the registration, reporting, or labeling requirements of RCW 70A.245.020, 70A.245.030, or 70A.245.060, the department shall provide written notification and offer information to producers. For the purposes of this section, written notification serves as notice of the violation. The department must issue at least two notices of violation by certified mail prior to assessing a penalty under subsection (2) of this section.
(2) A producer in violation of the registration, reporting, or labeling requirements in RCW 70A.245.020, 70A.245.030, or 70A.245.060 is subject to a civil penalty for each day of violation in an amount not to exceed $1,000.
(3) Penalties collected under this section must be deposited in the recycling enhancement account created in RCW 70A.245.100.
(4) Penalties issued under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.
[ 2021 c 313 s 6.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Penalties for registration, labeling, and reporting.


title: RCW 70A.245.060

text:
(1) Beginning January 1, 2023, producers shall label each package containing plastic trash bags sold, offered for sale, or distributed in or into Washington with:
(a) The name of the producer and the city, state, and country where the producer is located, which may be designated as the location of the producer's corporate headquarters; or
(b) A uniform resource locator or quick response code to an internet website that contains the information required pursuant to (a) of this subsection.
(2)(a) The provisions of subsection (1) of this section do not apply to a plastic bag that is designed and manufactured to hold, store, or transport dangerous waste or biomedical waste.
(b) For the purposes of this subsection:
(i) "Biomedical waste" means any waste defined as that term under RCW 70A.228.010; and
(ii) "Dangerous waste" means any waste defined as dangerous wastes under RCW 70A.300.010.
[ 2021 c 313 s 7.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Trash bag labeling requirements.


title: RCW 70A.245.070

text:
(1)(a) Beginning June 1, 2024, the sale and distribution of the following expanded polystyrene products in or into Washington state is prohibited:
(i) A portable container that is designed or intended to be used for cold storage, except for expanded polystyrene containers used for drugs, medical devices, and biological materials as defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) or shipping perishable commodities from a wholesale or retail establishment; and
(ii) Food service products that include food containers, plates, clam shell-style containers, and hot and cold beverage cups. For the purposes of this subsection (1)(a)(ii), food service products do not include: Packaging for raw, uncooked, or butchered meat, fish, poultry, or seafood, vegetables, fruit, or egg cartons.
(b) Beginning June 1, 2023, the sale and distribution of expanded polystyrene void filling packaging products, which means loose fill packaging material, also referred to as packing peanuts, in or into Washington state is prohibited.
(2)(a) The department must provide technical assistance and guidance to manufacturers of prohibited expanded polystyrene products, upon request. For manufacturers out of compliance with the requirements of this section, the department shall provide written notification and offer information to manufacturers that sell prohibited expanded polystyrene products who are in violation of this section. For the purposes of this section, written notification serves as notice of the violation. The department must issue at least two notices of violation by certified mail prior to assessing a penalty.
(b) A manufacturer of products in violation of this section is subject to a civil penalty for each violation in an amount not to exceed:
(i) $250 if it is the manufacturer's first penalty; and
(ii) $1,000 if the manufacturer has previously been issued a civil penalty under this section.
(c) Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
(d) Penalties issued under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.
(3) A city, town, county, or municipal corporation may not implement a local ordinance restricting products prohibited under subsection (1) of this section unless the ordinance was filed by April 1, 2021, and enacted by June 1, 2021. An ordinance restricting products prohibited under subsection (1) of this section that was not enacted as of June 1, 2021, is preempted by this section.
(4) For the purposes of this section, "manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that:
(a) Produces the products subject to restrictions in subsection (1) of this section; or
(b) Is an importer or domestic distributor of a product subject to restrictions in subsection (1) of this section sold or offered for sale in or into the state.
[ 2021 c 313 s 10.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.


title: RCW 70A.245.080

text:
(1) Beginning January 1, 2022:
(a) Except as provided in (b) of this subsection, a food service business may provide the following single use food service products only after affirming that the customer wants the item or items:
(i) Utensils;
(ii) Straws;
(iii) Condiment packaging; and
(iv) Beverage cup lids.
(b) A food service business may provide beverage cup lids without customer affirmation for:
(i) Hot beverages;
(ii) Beverages provided through delivery service or curbside pickup; and
(iii) Beverages served to customers via a drive through or at large, permanent, venues that are designed for professional sport or music events and that have a fixed-seat capacity of at least 2,500 customers and are enclosed or are surrounded by a perimeter fence.
(c) The requirements of this section do not apply to food service products provided to a patient, resident, or customer in:
(i) A health care facility or a health care provider as defined in RCW 70.02.010;
(ii) Long-term care facilities identified in RCW 18.51.010, 18.20.020, 70.128.010, 70.97.010, or 18.390.010;
(iii) Senior nutrition programs authorized under 45 C.F.R. Sec. 1321, and home delivered meals offered under chapters 74.39 and 74.39A RCW;
(iv) Services to individuals with developmental disabilities under Title 71A RCW and chapter 74.39A RCW; and
(v) State hospitals as defined in RCW 72.23.010.
(d) The requirements of this subsection (1) apply to the activities of the department of corrections and the department of children, youth, and families only to the extent operationally feasible and practicable.
(2)(a) Nothing in this section prohibits a food service business from making utensils, straws, condiments, and beverage cup lids available to customers using cylinders, bins, dispensers, containers, or other means of allowing for single-use utensils, straws, condiments, and beverage cup lids to be obtained at the affirmative volition of the customer.
(b) Utensils provided by a food service business for use by customers may not be bundled or packaged in plastic in such a way that a customer is unable to take only the type of single-use utensil or utensils desired without also taking a different type or types of utensil.
(3)(a) The department may issue a civil penalty of no less than $150 per day and no more than $2,000 per day to the owner or operator of a food service business for each day single-use food service products are provided in violation of this section.
(b) The department must issue at least two notices of violation by certified mail prior to assessing a penalty.
(c) Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
(d) A food service business may appeal penalties assessed under this subsection to the pollution control hearings board within 30 days of assessment.
(4) All food service businesses are encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by single-use food service products.
(5) Beginning July 1, 2021, a city, town, county, or municipal corporation may not enact an ordinance to reduce pollution from single-use food service products by requiring affirmation that a customer wants single-use food service products from the customer of the food service business or other retail establishment.
[ 2021 c 313 s 11.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Optional serviceware—Penalty.


title: RCW 70A.245.090

text:
(1) The department may conduct audits and investigations for the purpose of ensuring compliance with RCW 70A.245.020 and 70A.245.040 based on the information reported under RCW 70A.245.030.
(2) The department shall annually publish a list of registered producers of covered products and associated brand names, their compliance status, and other information the department deems appropriate on the department's website.
(3) To assist regulated parties with the requirements specified under RCW 70A.245.070 and 70A.245.080, the department:
(a) Must prepare and post on its website information regarding the prohibitions on the sale and distribution of expanded polystyrene products as specified under RCW 70A.245.070 and restrictions on the provision of optional serviceware under RCW 70A.245.080;
(b) For education and outreach to help implement RCW 70A.245.070 and 70A.245.080, may develop culturally appropriate and translated educational materials and resources for the state's diverse ethnic populations from existing materials used by local jurisdictions and other states.
(4) The department may adopt rules as necessary to administer, implement, and enforce this chapter.
[ 2021 c 313 s 12.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Department duties—Rule making.


title: RCW 70A.245.100

text:
The recycling enhancement account is created in the custody of the state treasurer. All penalties collected by the department pursuant to RCW 70A.245.040, 70A.245.050, and 70A.208.230 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 providing grants to local governments for the purpose of supporting local solid waste and financial assistance programs.
[ 2025 c 316 s 306; 2021 c 313 s 13.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Recycling enhancement account.


title: RCW 70A.245.110

text:
The recycled content account is created in the custody of the state treasurer. All receipts received by the department under RCW 70A.245.020 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 RCW 70A.245.020 through 70A.245.060 and 70A.245.090 (1), (2), and (4).
[ 2021 c 313 s 14.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Recycled content account.


title: RCW 70A.245.120

text:
(1) Subject to the availability of amounts appropriated for this specific purpose prior to January 1, 2028, the department shall contract with a research university or an independent third-party consultant to study the plastic resin markets for all of the following:
(a) Analyzing market conditions and opportunities in the state's recycling industry for meeting the minimum postconsumer recycled content requirements for covered products pursuant to RCW 70A.245.020 and 70A.245.030; and
(b) Determining the data needs and tracking opportunities to increase the transparency and support of a more effective, fact-based public understanding of the recycling industry.
(2) If funding is provided pursuant to subsection (1) of this section and the department undertakes the study, the study must be completed by May 1, 2029.
(3) This section expires July 1, 2029.
[ 2021 c 313 s 15.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Market study. (Expires July 1, 2029.)


title: RCW 70A.245.130

text:
(1) Beginning January 1, 2024, it is prohibited to sell, distribute, install, or arrange for the installation of in or into Washington state:
(a) Overwater structures containing expanded or extruded plastic foam that is not fully enclosed and contained in a shell made of plastic with a minimum thickness of 0.15 inches, concrete, aluminum, or steel; and
(b) Blocks or floats containing or comprised of expanded or extruded plastic foam that are not fully enclosed and contained in a shell made of plastic with a minimum thickness of 0.15 inches, concrete, aluminum, or steel, and that are intended for use in or in conjunction with overwater structures.
(2)(a) The department may adopt rules to implement, administer, and enforce this section.
(b) A person in violation of this section is subject to a civil penalty for each violation in an amount not to exceed $10,000.
(c) Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
(d) Penalties issued under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.
(3) For the purposes of this section, overwater structures do not include floating homes or floating on-water residences, as those terms are defined in RCW 90.58.270, but do include docks, floats, walkways, or other accessory overwater structures associated with floating homes or floating on-water residences.
(4) Nothing in this section applies to any dock sold, distributed, or installed prior to January 1, 2024.
[ 2023 c 135 s 3.]
Notes:
Finding—Intent—2023 c 135: See note following RCW 19.27.590.

catchline: Overwater structures containing certain plastic foam—Prohibition on sale, distribution, installation—Rule-making authority—Penalty.


title: RCW 70A.245.140

text:
(1)(a) A lodging establishment may not provide a personal health or beauty product in a small plastic personal health or beauty product container, a plastic wrapper, or any other single-use plastic packaging to a person staying in a lodging unit or within bathrooms shared by the public or guests. A lodging establishment may make products restricted under this subsection available to a person upon request.
(b) The requirements of (a) of this subsection apply beginning January 1, 2027, for lodging establishments with 50 or more lodging units, and beginning January 1, 2028, for lodging establishments with less than 50 lodging units.
(c)(i) Nothing in this subsection restricts the use of plastic refillable bulk health or beauty product dispensers.
(ii) Nothing in this subsection:
(A) Restricts the use of single-use health or beauty product containers, wrappers, or packaging that are not made with plastic; or
(B) Requires the use of refillable bulk health or beauty product dispensers.
(2)(a) The department must issue at least one notice of violation by certified mail to the owner or operator of a lodging establishment prior to assessing a penalty under (b) of this subsection.
(b) For the first and subsequent penalized violations by the owner or operator of a lodging establishment, the department may issue a civil penalty of up to $500 for each day the lodging establishment provides personal health or beauty products in violation of this section. The department may not issue penalties to a lodging establishment in excess of $2,000 annually.
(c) Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
(d) A lodging establishment may appeal penalties assessed under this subsection to the pollution control hearings board created in chapter 43.21B RCW within 30 days of assessment.
(3)(a) The department may adopt rules to implement, administer, and enforce this section.
(b) The enforcement of this section must be primarily based on complaints filed with the department. The department must establish a forum for the filing of complaints, and any person may file complaints with the department using the forum. The forum established by the department may include a complaint form on the department's website, a telephone hotline, or a public outreach strategy relying upon electronic social media to receive complaints that allege violations. The department must provide a website with education and outreach resources that provides information about the requirements of this section to lodging establishments, consumers, and other interested individuals.
(4) On and after July 23, 2023, a city, town, or county may not enforce an ordinance, resolution, regulation, or rule relating to personal health or beauty products in single-use plastic bottles, wrappers, or packaging provided at lodging establishments.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a)(i) "Lodging establishment" means an establishment that contains one or more sleeping room accommodations that are rented or otherwise provided to the public including, but not limited to, a hotel, motel, resort, bed and breakfast, inn, timeshare property, short-term rental, or vacation rental.
(ii) "Lodging establishment" does not include a hospital, nursing home, residential retirement community, prison, jail, homeless shelter, boarding school, worker housing, or long-term rental.
(b) "Lodging unit" means one self-contained unit of a lodging establishment including, but not limited to, self-contained units designated by number, letter, or some other method of identification.
(c) "Personal health or beauty product" means:
(i) Shampoo, hair conditioner, bath soap, body wash, or shower gel that is intended to serve the same function as body wash or soap, and that is intended to be applied to or used on the human body in the shower or bath;
(ii) Lotion;
(iii) Hand soap; and
(iv) Hand sanitizer.
(d) "Short-term rental" has the same meaning as defined in RCW 64.37.010.
(e) "Small plastic personal health or beauty product container" means a plastic bottle, tube, sachet, or other plastic container with less than a six-ounce capacity that is not intended to be reusable by the end user and that contains a personal health or beauty product.
[ 2023 c 135 s 4.]
Notes:
Finding—Intent—2023 c 135: See note following RCW 19.27.590.

catchline: Single-use plastic packaging—Prohibition on use by a lodging establishment—Penalty—Rule-making authority—Preemption—Definitions.


title: RCW 70A.25.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology.
(3) "Fleet" means a group of fifteen or more motor vehicles registered in the same name and whose owner has been assigned a fleet identifier code by the department of licensing.
(4) "Motor vehicle" means any self-propelled vehicle required to be licensed pursuant to chapter 46.16A RCW.
(5) "Motor vehicle dealer" means a motor vehicle dealer, as defined in RCW 46.70.011, that is licensed pursuant to chapter 46.70 RCW.
(6) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
(7) The terms "air contaminant," "air pollution," "air quality standard," "ambient air," "emission," and "emission standard" have the meanings given them in RCW 70A.15.1030.
[ 2020 c 20 s 1360; 2011 c 171 s 108; 1991 c 199 s 201; 1979 ex.s. c 163 s 1. Formerly RCW 70.120.010.]
Notes:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Severability—1979 ex.s. c 163: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 163 s 19.]

catchline: Definitions.


title: RCW 70A.25.020

text:
(1) The department shall conduct a public educational program regarding the health effects of air pollution emitted by motor vehicles; the purpose, operation, and effect of emission control devices and systems; and the effect that proper maintenance of motor vehicle engines has on fuel economy and air pollution emission and a public notification program identifying the geographic areas of the state that are designated as being noncompliance areas and emission contributing areas and describing the requirements imposed under this chapter for those areas.
(2)(a) The department shall grant certificates of instruction to persons who successfully complete a course of study, under general requirements established by the director, in the maintenance of motor vehicle engines, the use of engine and exhaust analysis equipment, and the repair and maintenance of emission control devices. The director may establish and implement procedures for granting certification to persons who successfully complete other training programs or who have received certification from public and private organizations which meet the requirements established in this subsection, including programs on clean fuel technology and maintenance.
(b) The department shall make available to the public a list of those persons who have received certificates of instruction under subsection (2)(a) of this section.
[ 1991 c 199 s 202; 1989 c 240 s 5; 1979 ex.s. c 163 s 2. Formerly RCW 70.120.020.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.

catchline: Programs.


title: RCW 70A.25.030

text:
(1) Any person:
(a) Whose motor vehicle is tested pursuant to this chapter and fails to comply with the emission standards established for the vehicle; and
(b) Who, following such a test, expends more than one hundred dollars on a 1980 or earlier model year motor vehicle or expends more than one hundred fifty dollars on a 1981 or later model year motor vehicle for repairs solely devoted to meeting the emission standards and that are performed by a certified emission specialist authorized by RCW 70A.25.020(2)(a); and
(c) Whose vehicle fails a retest, may be issued a certificate of acceptance if (i) the vehicle has been in use for more than five years or fifty thousand miles, and (ii) any component of the vehicle installed by the manufacturer for the purpose of reducing emissions, or its appropriate replacement, is installed and operative.
To receive the certificate, the person must document compliance with (b) and (c) of this subsection to the satisfaction of the department.
Should any provision of (b) of this subsection be disapproved by the administrator of the United States environmental protection agency, all vehicles shall be required to expend at least four hundred fifty dollars to qualify for a certificate of acceptance.
(2) Persons who fail the initial tests shall be provided with:
(a) Information regarding the availability of federal warranties and certified emission specialists;
(b) Information on the availability and procedure for acquiring license trip-permits;
(c) Information on the availability and procedure for receiving a certificate of acceptance; and
(d) The local phone number of the department's local vehicle specialist.
[ 2020 c 20 s 1361; 1998 c 342 s 2; 1991 c 199 s 203; 1989 c 240 s 6; 1980 c 176 s 4; 1979 ex.s. c 163 s 7. Formerly RCW 70.120.070.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.

catchline: Vehicle inspections—Failed—Certificate of acceptance.


title: RCW 70A.25.040

text:
The director may authorize an owner or lessee of a fleet of motor vehicles, or the owner's or lessee's agent, to inspect the vehicles in the fleet and issue certificates of compliance for the vehicles in the fleet if the director determines that: (1) The director's inspection procedures will be complied with; and (2) certificates will be issued only to vehicles in the fleet that meet emission and equipment standards adopted under RCW 70A.25.080 and only when appropriate.
In addition, the director may authorize an owner or lessee of one or more diesel motor vehicles with a gross vehicle weight rating in excess of eight thousand five hundred pounds, or the owner's or lessee's agent, to inspect the vehicles and issue certificates of compliance for the vehicles. The inspections shall be conducted in compliance with inspection procedures adopted by the department and certificates of compliance shall only be issued to vehicles that meet emission and equipment standards adopted under RCW 70A.25.080.
The director shall establish by rule the fee for fleet or diesel inspections provided for in this section. The fee shall be set at an amount necessary to offset the department's cost to administer the fleet and diesel inspection program authorized by this section.
Owners, leaseholders, or their agents conducting inspections under this section shall pay only the fee established in this section and not be subject to fees under *RCW 70A.25.100(4).
[ 2020 c 20 s 1362; 1991 c 199 s 205; 1979 ex.s. c 163 s 8. Formerly RCW 70.120.080.]
Notes:
*Reviser's note: RCW 70A.25.100 expired January 1, 2020.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.

catchline: Vehicle inspections—Fleets.


title: RCW 70A.25.050

text:
The department shall investigate complaints received regarding the operation of emission testing stations and shall require corrections or modifications in those operations when deemed necessary.
The department shall also review complaints received regarding the maintenance or repairs secured by owners of motor vehicles for the purpose of complying with the requirements of this chapter. When possible, the department shall assist such owners in determining the merits of the complaints.
The department shall keep a copy of all complaints received, and on request, make copies available to the public. This is not intended to require disclosure of any information that is exempt from public disclosure under chapter 42.56 RCW.
[ 2005 c 274 s 340; 1998 c 342 s 3; 1979 ex.s. c 163 s 10. Formerly RCW 70.120.100.]
Notes:
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.

catchline: Vehicle inspections—Complaints.


title: RCW 70A.25.060

text:
The director shall adopt rules implementing and enforcing this chapter in accordance with chapter 34.05 RCW. The department shall take into account when considering proposed modifications of emission contributing boundaries, as provided for in RCW 70A.25.080(6), alternative transportation control and motor vehicle emission reduction measures that are required by local municipal corporations for the purpose of satisfying federal emission guidelines.
[ 2020 c 20 s 1363; 1991 c 199 s 206; 1989 c 240 s 8; 1979 ex.s. c 163 s 13. Formerly RCW 70.120.120.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.

catchline: Rules.


title: RCW 70A.25.070

text:
The authority granted by this chapter to the director and the department for controlling vehicle emissions is supplementary to the department's authority to control air pollution pursuant to chapter 70A.15 RCW.
[ 2020 c 20 s 1364; 1979 ex.s. c 163 s 14. Formerly RCW 70.120.130.]
Notes:
Severability—1979 ex.s. c 163: See note following RCW 70A.25.010.

catchline: Authority.


title: RCW 70A.25.080

text:
The director:
(1) Shall adopt motor vehicle emission and equipment standards to: Ensure that no less than seventy percent of the vehicles tested comply with the standards on the first inspection conducted, meet federal clean air act requirements, and protect human health and the environment.
(2) Shall adopt rules implementing the smoke opacity testing requirement for diesel vehicles that ensure that such test is objective and repeatable and that properly maintained engines that otherwise would meet the applicable federal emission standards, as measured by the new engine certification test, would not fail the smoke opacity test.
(3) Shall designate a geographic area as being a "noncompliance area" for motor vehicle emissions if (a) the department's analysis of emission and ambient air quality data, covering a period of no less than one year, indicates that the standard has or will probably be exceeded, and (b) the department determines that the primary source of the air contaminant is motor vehicle emissions.
(4) Shall reevaluate noncompliance areas if the United States environmental protection agency modifies the relevant air quality standards, and shall discontinue the program if compliance is indicated and if the department determines that the area would continue to be in compliance after the program is discontinued. The director shall notify persons residing in noncompliance areas of the reevaluation.
(5) Shall analyze information regarding the motor vehicle traffic in a noncompliance area to determine the smallest land area within whose boundaries are present registered motor vehicles that contribute significantly to the violation of motor vehicle-related air quality standards in the noncompliance area. The director shall declare the area to be an "emission contributing area." An emission contributing area established for a carbon monoxide or oxides of nitrogen noncompliance area must contain the noncompliance area within its boundaries. An emission contributing area established for an ozone noncompliance area located in this state need not contain the ozone noncompliance area within its boundaries if it can be proven that vehicles registered in the area contribute significantly to violations of the ozone air quality standard in the noncompliance area. An emission contributing area may be established in this state for violations of federal air quality standards for ozone in an adjacent state if (a) the United States environmental protection agency designates an area to be a "nonattainment area for ozone" under the provisions of the federal Clean Air Act (42 U.S.C. 7401 et seq.), and (b) it can be proven that vehicles registered in this state contribute significantly to the violation of the federal air quality standards for ozone in the adjacent state's nonattainment area.
(6) Shall, after consultation with the appropriate local government entities, designate areas as being noncompliance areas or emission contributing areas, and shall establish the boundaries of such areas by rule. The director may also modify boundaries. In establishing the external boundaries of an emission contributing area, the director shall use the boundaries established for ZIP code service areas by the United States postal service.
(7) May make grants to units of government in support of planning efforts to reduce motor vehicle emissions.
[ 1991 c 199 s 207; 1989 c 240 s 2. Formerly RCW 70.120.150.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.

catchline: Vehicle emission and equipment standards—Designation of noncompliance areas and emission contributing areas.


title: RCW 70A.25.090

text:
(1) The director shall review annually the air quality and forecasted air quality of each area in the state designated as a noncompliance area for motor vehicle emissions.
(2) An area shall no longer be designated as a noncompliance area if the director determines that:
(a) Air quality standards for contaminants derived from motor vehicle emissions are no longer being violated in the noncompliance area; and
(b) The standards would not be violated if the emission inspection system in the emission contributing area was discontinued and the requirements of RCW 46.16A.060 no longer applied.
[ 2011 c 171 s 109; 1989 c 240 s 3. Formerly RCW 70.120.160.]
Notes:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.

catchline: Noncompliance areas—Annual review.


title: RCW 70A.25.110

text:
(1) Motor vehicle dealers selling a used vehicle not under a new vehicle warranty shall include a notice in each vehicle purchase order form that reads as follows: "The owner of a vehicle may be required to spend up to (a dollar amount established under RCW 70A.25.030) for repairs if the vehicle does not meet the vehicle emission standards under this chapter. Unless expressly warranted by the motor vehicle dealer, the dealer is not warranting that this vehicle will pass any emission tests required by federal or state law."
(2) The signature of the purchaser on the notice required under subsection (1) of this section shall constitute a valid disclaimer of any implied warranty by the dealer as to a vehicle's compliance with any emission standards.
(3) The disclosure requirement of subsection (1) of this section applies to all motor vehicle dealers located in counties where state emission inspections are required.
[ 2020 c 20 s 1365; 1991 c 199 s 210. Formerly RCW 70.120.190.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.

catchline: Used vehicles.


title: RCW 70A.25.120

text:
By July 1, 1992, the department shall develop, in cooperation with the departments of *general administration and transportation, and Washington State University, aggressive clean-fuel performance and clean-fuel vehicle emissions specifications including clean-fuel vehicle conversion equipment. To the extent possible, such specifications shall be equivalent for all fuel types. In developing such specifications the department shall consider the requirements of the clean air act and the findings of the environmental protection agency, other states, the American petroleum institute, the gas research institute, and the motor vehicles manufacturers association.
[ 1996 c 186 s 518; 1991 c 199 s 212. Formerly RCW 70.120.210.]
Notes:
*Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 s 107.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Clean-fuel grants: RCW 70A.15.6400.

catchline: Clean-fuel performance and clean-fuel vehicle emissions specifications.


title: RCW 70A.25.130

text:
The department shall establish a scientific advisory board to review plans to establish or expand the geographic area where an inspection and maintenance system for motor vehicle emissions is required. The board shall consist of three to five members. All members shall have at least a master's degree in physics, chemistry, or engineering, or a closely related field. No member may be a current employee of a local air pollution control authority, the department, the United States environmental protection agency, or a company that may benefit from a review by the board.
The board shall review an inspection and maintenance plan at the request of a local air pollution control authority, the department, or by a petition of at least fifty people living within the proposed boundaries of a vehicle emission inspection and maintenance system. The entity or entities requesting a scientific review may include specific issues for the board to consider in its review. The board shall limit its review to matters of science and shall not provide advice on penalties or issues that are strictly legal in nature.
The board shall provide a complete written review to the department. If the board members are not in agreement as to the scientific merit of any issue under review, the board may include a dissenting opinion in its report to the department. The department shall immediately make copies available to the local air pollution control authority and to the public.
The department shall conduct a public hearing, within the area affected by the proposed rule, if any significant aspect of the rule is in conflict with a majority opinion of the board. The department shall include in its responsiveness summary the rationale for including a rule that is not consistent with the review of the board, including a response to the issues raised at the public hearing.
Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
[ 1998 c 342 s 5. Formerly RCW 70.120.230.]

catchline: Scientific advisory board—Composition of board—Duties.


title: RCW 70A.25.900

text:
This act shall take effect January 1, 1990.
[ 1989 c 240 s 14. Formerly RCW 70.120.902.]

catchline: Effective date—1989 c 240.


title: RCW 70A.30.010

text:
(1) Pursuant to the federal clean air act, the legislature adopts the California motor vehicle emission standards in Title 13 of the California Code of Regulations. The department of ecology shall adopt rules to implement the motor vehicle emission standards of the state of California, including the zero emission vehicle program, and shall amend the rules from time to time, to maintain consistency with the California motor vehicle emission standards and 42 U.S.C. Sec. 7507 (section 177 of the federal clean air act).
(2) The provisions of this chapter do not apply with respect to the use by a resident of this state of a motor vehicle acquired and used while the resident is a member of the armed services and is stationed outside this state pursuant to military orders.
[ 2020 c 143 s 1; 2020 c 20 s 1366; 2010 c 76 s 1; 2005 c 295 s 2. Formerly RCW 70.120A.010.]
Notes:
Reviser's note: This section was amended by 2020 c 20 s 1366 and by 2020 c 143 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—2005 c 295: "The legislature finds that:
(1) Motor vehicles are the largest source of air pollution in the state of Washington, and motor vehicles contribute approximately fifty-seven percent of criteria air pollutant emissions, eighty percent of air toxics emissions, and fifty-five percent of greenhouse gas emissions;
(2) Air pollution levels routinely measured in the state of Washington continue to harm public health, the environment, and the economy. Air pollution causes or contributes to premature death, cancer, asthma, and heart and lung disease. Over half of the state's population suffers from one or more medical conditions that make them very vulnerable to air pollution. Air pollution increases pain and suffering for vulnerable individuals. Air pollution imposes several hundred million dollars annually in added health care costs for air pollution-associated death and illness, reducing the quality of life and economic security of the citizens of Washington;
(3) Reductions of greenhouse gas emissions from transportation sources are necessary, and it is equitable to seek such reductions because reductions in greenhouse gas emissions have already been initiated in other sectors such as power generation;
(4) Reductions in greenhouse gas emissions made under this act should be credited toward any future federal, state, or regional comprehensive regulatory structure enacted to address reducing greenhouse gas emissions;
(5) Under the federal clean air act, the state of Washington has the option to implement either federal motor vehicle emission standards or California motor vehicle emission standards for passenger cars, light duty trucks, and medium duty passenger vehicles;
(6) Opting into the California motor vehicle standards will provide significant and necessary air quality benefits to residents of the state of Washington; and
(7) Adoption of the California motor vehicle standards will increase consumer choices of cleaner vehicles, provide better warranties to consumers, and provide sufficient air quality benefit to allow additional business and economic growth in the key airsheds of the state while maintaining conformance with federal air quality standards." [ 2005 c 295 s 1.]
Effective date—2005 c 295 ss 1, 2, 7, and 11-13: "Sections 1, 2, 7, and 11 through 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 6, 2005]." [ 2005 c 295 s 15.]

catchline: Department of ecology to adopt rules to implement California motor vehicle emission standards.


title: RCW 70A.30.020

text:
Individual automobile manufacturers may certify independent automobile repair shops to perform warranty service on the manufacturers' vehicles. Upon certification of the independent automobile repair shops, the manufacturers shall compensate the repair shops at the same rate as franchised dealers for covered warranty repair services.
[ 2005 c 295 s 4. Formerly RCW 70.120A.030.]
Notes:
Findings—2005 c 295: See note following RCW 70A.30.010.

catchline: Warranty repair service—Manufacturers, repair shops.


title: RCW 70A.30.030

text:
(1) No model year 2010 or subsequent model year new passenger car, light duty truck, or medium duty vehicle may be sold in Washington unless there is securely and conspicuously affixed in a clearly visible location a label on which the manufacturer clearly discloses comparative greenhouse gas emissions for that new vehicle.
(2) The label required by this section should include a greenhouse gas index or rating system that contains quantitative and graphical information presented in a continuous, easy-to-read scale that compares the greenhouse gas emissions from the vehicle with the average projected greenhouse gas emissions from all passenger cars, light duty trucks, and medium duty vehicles of the same model year. For reference purposes, the index or rating system should also identify the greenhouse gas emissions from the vehicle model of that same model year that has the lowest greenhouse gas emissions.
(3) The index or rating system included in the label under subsection (2) of this section shall be updated as necessary to ensure that the differences in greenhouse gas emissions among vehicles are readily apparent to the consumer.
(4) An automobile manufacturer may apply to the department of ecology for approval of an alternative to the disclosure labeling requirement that is at least as effective in providing notification and disclosure of the vehicle's greenhouse gas emissions as is the labeling required by this section.
(5) A label that complies with the requirements of the California greenhouse gas vehicle labeling program shall be deemed to meet the requirements of this section and any rules adopted under this section.
(6) The department of ecology may adopt such rules as are necessary to implement this section.
[ 2020 c 143 s 2; 2014 c 76 s 8; 2008 c 32 s 2. Formerly RCW 70.120A.050.]
Notes:
Intent—2008 c 32: "The legislature intends that new passenger cars, light duty trucks, and medium duty passenger vehicles for sale in Washington display clear and easy to understand information disclosing the new vehicle's greenhouse gas emissions. Further, the legislature intends that disclosure of such emissions serves as a means of educating consumers, other motorists, and the general public about the sources of greenhouse gas, their impact, available options, and in particular the role and contribution of automobiles and other motor vehicles." [ 2008 c 32 s 1.]

catchline: New vehicle greenhouse gas emissions disclosure—Rule-making authority.


title: RCW 70A.300.005

text:
The legislature hereby finds and declares:
(1) The health and welfare of the people of the state depend on clean and pure environmental resources unaffected by hazardous waste contamination. At the same time, the quality of life of the people of the state is in part based upon a large variety of goods produced by the economy of the state. The complex industrial processes that produce these goods also generate waste by-products, some of which are hazardous to the public health and the environment if improperly managed.
(2) Safe and responsible management of hazardous waste is necessary to prevent adverse effects on the environment and to protect public health and safety.
(3) The availability of safe, effective, economical, and environmentally sound facilities for the management of hazardous waste is essential to protect public health and the environment and to preserve the economic strength of the state.
(4) Strong and effective enforcement of federal and state hazardous waste laws and regulations is essential to protect the public health and the environment and to meet the public's concerns regarding the acceptance of needed new hazardous waste management facilities.
(5) Negotiation, mediation, and similar conflict resolution techniques are useful in resolving concerns over the local impacts of siting hazardous waste management facilities.
(6) Safe and responsible management of hazardous waste requires an effective planning process that involves local and state governments, the public, and industry.
(7) Public acceptance and successful siting of needed new hazardous waste management facilities depends on several factors, including:
(a) Public confidence in the safety of the facilities;
(b) Assurance that the hazardous waste management priorities established in this chapter are being carried out to the maximum degree practical;
(c) Recognition that all state citizens benefit from certain products whose manufacture results in the generation of hazardous by-products, and that all state citizens must, therefore, share in the responsibility for finding safe and effective means to manage this hazardous waste; and
(d) Provision of adequate opportunities for citizens to meet with facility operators and resolve concerns about local hazardous waste management facilities.
(8) Due to the controversial and regional nature of facilities for the disposal and incineration of hazardous waste, the facilities have had difficulty in obtaining necessary local approvals. The legislature finds that there is a statewide interest in assuring that such facilities can be sited.
It is therefore the intent of the legislature to preempt local government's authority to approve, deny, or otherwise regulate disposal and incineration facilities, and to vest in the department of ecology the sole authority among state, regional, and local agencies to approve, deny, and regulate preempted facilities, as defined in this chapter.
In addition, it is the intent of the legislature that such complete preemptive authority also be vested in the department for treatment and storage facilities, in addition to disposal and incineration facilities, if a local government fails to carry out its responsibilities established in RCW 70A.300.370.
It is further the intent of the legislature that no local ordinance, permit requirement, other requirement, or decision shall prohibit on the basis of land use considerations the construction of a hazardous waste management facility within any zone designated and approved in accordance with this chapter, provided that the proposed site for the facility is consistent with applicable state siting criteria.
(9) With the exception of the disposal site authorized for acquisition under this chapter, the private sector has had the primary role in providing hazardous waste management facilities and services in the state. It is the intent of the legislature that this role be encouraged and continue into the future to the extent feasible. Whether privately or publicly owned and operated, hazardous waste management facilities and services should be subject to strict governmental regulation as provided under this chapter.
(10) Wastes that are exempt or excluded from full regulation under this chapter due to their small quantity or household origin have the potential to pose significant risk to public health and the environment if not properly managed. It is the intent of the legislature that the specific risks posed by such waste be investigated and assessed and that programs be carried out as necessary to manage the waste appropriately. In addition, the legislature finds that, because local conditions vary substantially in regard to the quantities, risks, and management opportunities available for such wastes, local government is the appropriate level of government to plan for and carry out programs to manage moderate-risk waste, with assistance and coordination provided by the department.
[ 2020 c 20 s 1277; 1985 c 448 s 2. Formerly RCW 70.105.005.]
Notes:
Severability—1985 c 448: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 448 s 19.]

catchline: Legislative declaration.


title: RCW 70A.300.007

text:
The purpose of this chapter is to establish a comprehensive statewide framework for the planning, regulation, control, and management of hazardous waste which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of the state. To this end it is the purpose of this chapter:
(1) To provide broad powers of regulation to the department of ecology relating to management of hazardous wastes and releases of hazardous substances;
(2) To promote waste reduction and to encourage other improvements in waste management practices;
(3) To promote cooperation between state and local governments by assigning responsibilities for planning for hazardous wastes to the state and planning for moderate-risk waste to local government;
(4) To provide for prevention of problems related to improper management of hazardous substances before such problems occur; and
(5) To assure that needed hazardous waste management facilities may be sited in the state, and to ensure the safe operation of the facilities.
[ 1985 c 448 s 3. Formerly RCW 70.105.007.]
Notes:
Severability—1985 c 448: See note following RCW 70A.300.005.

catchline: Purpose.


title: RCW 70A.300.010

text:
The words and phrases defined in this section shall have the meanings indicated when used in this chapter unless the context clearly requires otherwise.
(1) "Dangerous wastes" means any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:
(a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or
(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
(2) "Department" means the department of ecology.
(3) "Designated zone facility" means any facility that requires an interim or final status permit under rules adopted under this chapter and that is not a preempted facility as defined in this section.
(4) "Director" means the director of the department of ecology or the director's designee.
(5) "Disposal site" means a geographical site in or upon which hazardous wastes are disposed of in accordance with the provisions of this chapter.
(6) "Dispose or disposal" means the discarding or abandoning of hazardous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned.
(7) "Extremely hazardous waste" means any dangerous waste which:
(a) Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form
(i) Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of human beings or wildlife, and
(ii) Is highly toxic to human beings or wildlife
(b) If disposed of at a disposal site in such quantities as would present an extreme hazard to human beings or the environment.
(8) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for recycling, storing, treating, incinerating, or disposing of hazardous waste.
(9) "Hazardous household substances" means those substances identified by the department as hazardous household substances in the guidelines developed under RCW 70A.300.350.
(10) "Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under this chapter.
(11) "Hazardous waste" means and includes all dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components.
(12) "Local government" means a city, town, or county.
(13) "Moderate-risk waste" means (a) any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation, and (b) any household wastes which are generated from the disposal of substances identified by the department as hazardous household substances.
(14) "Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.
(15) "Pesticide" shall have the meaning of the term as defined in RCW 15.58.030 as now or hereafter amended.
(16) "Preempted facility" means any facility that includes as a significant part of its activities any of the following operations: (a) Landfill, (b) incineration, (c) land treatment, (d) surface impoundment to be closed as a landfill, or (e) waste pile to be closed as a landfill.
(17) "Service charge" means an assessment imposed under RCW 70A.300.460 against those facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component. Service charges shall also apply to facilities undergoing closure under this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment or removal, except any commercial low-level radioactive waste facility.
[ 2020 c 20 s 1278; 2010 1st sp.s. c 7 s 88; 2009 c 549 s 1027; 1989 c 376 s 1; 1987 c 488 s 1; 1985 c 448 s 1; 1975-'76 2nd ex.s. c 101 s 1. Formerly RCW 70.105.010.]
Notes:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Severability—1989 c 376: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 376 s 4.]
Severability—1985 c 448: See note following RCW 70A.300.005.

catchline: Definitions.


title: RCW 70A.300.020

text:
The department after notice and public hearing shall:
(1) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those substances which exhibit characteristics consistent with the definition provided in RCW 70A.300.010(7);
(2) Adopt and may revise when appropriate, minimum standards and regulations for disposal of extremely hazardous wastes to protect against hazards to the public, and to the environment. Before adoption of such standards and regulations, the department shall consult with appropriate agencies of interested local governments and secure technical assistance from the department of agriculture, the department of social and health services, the department of fish and wildlife, the department of natural resources, the department of labor and industries, and the department of commerce, through the director of fire protection.
[ 2020 c 20 s 1279; 1994 c 264 s 42; 1988 c 36 s 28; 1986 c 266 s 119; 1975-'76 2nd ex.s. c 101 s 2. Formerly RCW 70.105.020.]
Notes:
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Standards and regulations—Adoption—Notice and hearing—Consultation with other agencies.


title: RCW 70A.300.030

text:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 s 23. Formerly RCW 70.105.025.]
Notes:
Purpose—1997 c 381: See RCW 43.21K.005.

catchline: Environmental excellence program agreements—Effect on chapter.


title: RCW 70A.300.040

text:
(1) After the effective date of the regulations adopted by the department designating extremely hazardous wastes, any person planning to dispose of extremely hazardous waste as designated by the department shall provide the operator of the disposal site with a list setting forth the extremely hazardous wastes for disposal, the amount of such wastes, the general chemical and mineral composition of such waste listed by approximate maximum and minimum percentages, and the origin of any such waste. Such list, when appropriate, shall include information on antidotes, first aid, or safety measures to be taken in case of accidental contact with the particular extremely hazardous waste being disposed.
(2) The department shall adopt and enforce all rules and regulations including the form and content of the list, necessary and appropriate to accomplish the purposes of subsection (1) of this section.
[1975-'76 2nd ex.s. c 101 s 3. Formerly RCW 70.105.030.]

catchline: List and information to be furnished by depositor of hazardous waste—Rules and regulations.


title: RCW 70A.300.050

text:
Solid wastes that designate as dangerous waste or extremely hazardous waste but do not designate as hazardous waste under federal law are conditionally exempt from the requirements of this chapter, if:
(1) The waste is generated pursuant to a consent decree issued under chapter 70A.305 RCW;
(2) The consent decree characterizes the solid waste and specifies management practices and a department-approved treatment or disposal location;
(3) The management practices are consistent with RCW 70A.300.260 and are protective of human health and the environment as determined by the department of ecology; and
(4) Waste treated or disposed of on-site will be managed in a manner determined by the department to be as protective of human health and the environment as clean-up standards pursuant to chapter 70A.305 RCW.
This section shall not be interpreted to limit the ability of the department to apply any requirement of this chapter through a consent decree issued under chapter 70A.305 RCW, if the department determines these requirements to be appropriate. Neither shall this section be interpreted to limit the application of this chapter to a cleanup conducted under the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et seq., as amended).
[ 2020 c 20 s 1280; 1994 c 254 s 5. Formerly RCW 70.105.035.]

catchline: Solid wastes—Conditionally exempt from chapter.


title: RCW 70A.300.060

text:
(1) The department through the *department of general administration, is authorized to acquire interests in real property from the federal government on the Hanford Reservation by gift, purchase, lease, or other means, to be used for the purpose of developing, operating, and maintaining an extremely hazardous waste disposal site or facility by the department, either directly or by agreement with public or private persons or entities: PROVIDED, That lands acquired under this section shall not be inconsistent with a local comprehensive plan approved prior to January 1, 1976: AND PROVIDED FURTHER, That no lands acquired under this section shall be subject to land use regulation by a local government.
(2) The department may establish an appropriate fee schedule for use of such disposal facilities to offset the cost of administration of this chapter and the cost of development, operation, maintenance, and perpetual management of the disposal site. If operated by a private entity, the disposal fee may be such as to provide a reasonable profit.
[1975-'76 2nd ex.s. c 101 s 4. Formerly RCW 70.105.040.]
Notes:
*Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 s 107.

catchline: Disposal site or facility—Acquisition—Disposal fee schedule.


title: RCW 70A.300.070

text:
(1) No person shall dispose of designated extremely hazardous wastes at any disposal site in the state other than the disposal site established and approved for such purpose under provisions of this chapter, except:
(a) When such wastes are going to a processing facility which will result in the waste being reclaimed, treated, detoxified, neutralized, or otherwise processed to remove its harmful properties or characteristics; or
(b) When such wastes are managed on-site as part of a remedial action conducted by the department or by potentially liable persons under a consent decree issued by the department pursuant to chapter 70A.305 RCW.
(2) Extremely hazardous wastes that contain radioactive components may be disposed at a radioactive waste disposal site that is (a) owned by the United States department of energy or a licensee of the nuclear regulatory commission and (b) permitted by the department and operated in compliance with the provisions of this chapter. However, prior to disposal, or as a part of disposal, all reasonable methods of treatment, detoxification, neutralization, or other waste management methodologies designed to mitigate hazards associated with these wastes shall be employed, as required by applicable federal and state laws and regulations.
[ 2020 c 20 s 1281; 1994 c 254 s 6; 1987 c 488 s 4; 1975-'76 2nd ex.s. c 101 s 5. Formerly RCW 70.105.050.]

catchline: Disposal at other than approved site prohibited—Disposal of radioactive wastes.


title: RCW 70A.300.080

text:
The department may elect to receive dangerous waste at the site provided under this chapter, provided
(1) it is upon request of the owner, producer, or person having custody of the waste, and
(2) upon the payment of a fee to cover disposal
(3) it can be reasonably demonstrated that there is no other disposal sites in the state that will handle such dangerous waste, and
(4) the site is designed to handle such a request or can be modified to the extent necessary to adequately dispose of the waste, or
(5) if a demonstrable emergency and potential threat to the public health and safety exists.
[1975-'76 2nd ex.s. c 101 s 7. Formerly RCW 70.105.070.]

catchline: Criteria for receiving waste at disposal site.


title: RCW 70A.300.090

text:
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every person who fails to comply with any provision of this chapter or of the rules adopted thereunder shall be subjected to a penalty in an amount of not more than ten thousand dollars per day for every such violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct violation. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated the provisions of this section and shall be subject to the penalty herein provided.
(2) The penalty provided for in this section shall be imposed pursuant to the procedures in RCW 43.21B.300.
[ 1995 c 403 s 631; 1987 c 109 s 12; 1983 c 172 s 2; 1975-'76 2nd ex.s. c 101 s 8. Formerly RCW 70.105.080.]
Notes:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1983 c 172: See note following RCW 70A.300.130.

catchline: Violations—Civil penalties.


title: RCW 70A.300.100

text:
(1) Any person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this chapter is guilty of: (a) A class B felony punishable according to chapter 9A.20 RCW if the person knows at the time that the conduct constituting the violation places another person in imminent danger of death or serious bodily injury; or (b) a class C felony punishable according to chapter 9A.20 RCW if the person knows that the conduct constituting the violation places any property of another person or any natural resources owned by the state of Washington or any of its local governments in imminent danger of harm.
(2) As used in this section: (a) "Imminent danger" means that there is a substantial likelihood that harm will be experienced within a reasonable period of time should the danger not be eliminated; and (b) "knowingly" refers to an awareness of facts, not awareness of law.
[ 2003 c 53 s 357; 1989 c 2 s 15 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105.085.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Short title—Captions—Construction—Existing agreements—Effective date—1989 c 2: See RCW 70A.305.900 through 70A.305.904, respectively.

catchline: Violations—Criminal penalties.


title: RCW 70A.300.110

text:
In addition to the penalties imposed pursuant to RCW 70A.300.090, any person who violates any provisions of this chapter, or of the rules implementing this chapter, and any person who knowingly aids or abets another in conducting any violation of any provisions of this chapter, or of the rules implementing this chapter, shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars, and/or by imprisonment in the county jail for up to three hundred sixty-four days, for each separate violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct offense.
[ 2020 c 20 s 1282; 2011 c 96 s 51; 1984 c 237 s 1; 1983 c 172 s 3; 1975-'76 2nd ex.s. c 101 s 9. Formerly RCW 70.105.090.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Severability—1983 c 172: See note following RCW 70A.300.130.

catchline: Violations—Gross misdemeanor.


title: RCW 70A.300.120

text:
(1) Whenever on the basis on any information the department determines that a person has violated or is about to violate any provision of this chapter, the department may issue an order requiring compliance either immediately or within a specified period of time. The order shall be delivered by registered mail or personally to the person against whom the order is directed.
(2) Any person who fails to take corrective action as specified in a compliance order shall be liable for a civil penalty of not more than $10,000 for each day of continued noncompliance. In addition, the department may suspend or revoke any permits and/or certificates issued under the provisions of this chapter to a person who fails to comply with an order directed against him or her.
(3) Any order or penalty may be appealed pursuant to RCW 43.21B.300.
[ 2024 c 347 s 8; 2012 c 117 s 417; 1987 c 109 s 16; 1983 c 172 s 4. Formerly RCW 70.105.095.]
Notes:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1983 c 172: See note following RCW 70A.300.130.


title: RCW 70A.300.130

text:
A person injured as a result of a violation of this chapter or the rules adopted thereunder may bring an action in superior court for the recovery of the damages. A conviction or imposition of a penalty under this chapter is not a prerequisite to an action under this section.
The court may award reasonable attorneys' fees to a prevailing injured party in an action under this section.
[ 1983 c 172 s 1. Formerly RCW 70.105.097.]
Notes:
Severability—1983 c 172: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 172 s 5.]

catchline: Action for damages resulting from violation—Attorneys' fees.