title: RCW 70A.218.030

text:
Hazardous waste generators and hazardous substance users required to prepare plans under RCW 70A.214.110 shall pay an annual fee to support implementation of RCW 70A.214.110 and 70A.214.040. These fees are to be used by the department, subject to appropriation, for plan review, technical assistance to facilities that are required to prepare plans, other activities related to plan development and implementation, and associated indirect costs. The total fees collected under this subsection shall not exceed the department's costs of implementing RCW 70A.214.110 and 70A.214.040 and shall not exceed one million dollars per year. The annual fee for a facility shall not exceed ten thousand dollars per year. Any facility that generates less than two thousand six hundred forty pounds of hazardous waste per waste generation site in the previous calendar year shall be exempt from the fee imposed by this section. The annual fee for a facility generating at least two thousand six hundred forty pounds but not more than four thousand pounds of hazardous waste per waste generation site in the previous calendar year shall not exceed fifty dollars. A person that develops a plan covering more than one interrelated facility as provided for in RCW 70A.214.110 shall be assessed fees only for the number of plans prepared. The department shall adopt a fee schedule by rule after consultation with typical affected businesses and other interested parties. Hazardous waste generated and recycled for beneficial use, including initial amount of hazardous substances introduced into a process and subsequently recycled for beneficial use, shall not be used in the calculations of hazardous waste generated for purposes of this section.
The annual fee imposed by this section shall be first due on July 1st of the year prior to the year that the facility is required to prepare a plan, and by July 1st of each year thereafter.
[ 2020 c 20 s 1223; 1994 c 136 s 3; 1990 c 114 s 13. Formerly RCW 70.95E.030.]

catchline: Voluntary reduction plan—Fees.


doc_type: statute

jurisdiction: wa

title: RCW 70A.218.040

text:
On an annual basis, the department shall adjust the fees provided for in RCW 70A.218.020 and 70A.218.030, including the maximum annual fee, and maximum total fees, by conducting the calculation in subsection (1) of this section and taking the actions set forth in subsection (2) of this section:
(1) In November of each year, the fees, annual fee, and maximum total fees imposed in RCW 70A.218.020 and 70A.218.030, or as subsequently adjusted by this section, shall be multiplied by a factor equal to the most current quarterly "price deflator" available, divided by the "price deflator" used in the numerator the previous year. However, the "price deflator" used in the denominator for the first adjustment shall be defined by the second quarter "price deflator" for 1990.
(2) Each year by March 1st the fee schedule, as adjusted in subsection (1) of this section will be published. The department will round the published fees to the nearest dollar.
[ 2020 c 20 s 1224; 1990 c 114 s 14. Formerly RCW 70.95E.040.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Fees—Generally.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.218.050

text:
In administration of this chapter for the enforcement and collection of the fees due and owing under RCW 70A.218.020 and 70A.218.030, the department may apply RCW 43.17.240.
[ 2020 c 20 s 1225; 1995 c 207 s 3; 1994 c 136 s 4; 1990 c 114 s 15. Formerly RCW 70.95E.050.]
Notes:
Effective date—1995 c 207: See note following RCW 70A.218.010.

catchline: Administration of fees.


title: RCW 70A.218.060

text:
The hazardous waste assistance account is hereby created in the state treasury. The following moneys shall be deposited into the hazardous waste assistance account:
(1) Those revenues which are raised by the fees imposed under RCW 70A.218.020 and 70A.218.030;
(2) Penalties and surcharges collected under chapter 70A.214 RCW and this chapter; and
(3) Any other moneys appropriated or transferred to the account by the legislature. Moneys in the hazardous waste assistance account may be spent only for the purposes of this chapter following legislative appropriation.
[ 2020 c 20 s 1226; 1991 sp.s. c 13 s 75; 1990 c 114 s 18. Formerly RCW 70.95E.080.]
Notes:
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.

catchline: Hazardous waste assistance account.


title: RCW 70A.218.070

text:
The department may use funds in the hazardous waste assistance account to provide technical assistance and compliance education assistance to hazardous substance users and waste generators, to provide grants to local governments, and for administration of this chapter.
Technical assistance may include the activities authorized under chapter 70A.214 RCW and RCW 70A.300.290 to encourage hazardous waste reduction and hazardous use reduction and the assistance provided for by RCW 70A.300.140(2).
Compliance education may include the activities authorized under RCW 70A.300.140(2) to train local agency officials and to inform hazardous substance users and hazardous waste generators and owners and operators of hazardous waste management facilities of the requirements of chapter 70A.300 RCW and related federal laws and regulations. To the extent practicable, the department shall contract with private businesses to provide compliance education.
Grants to local governments shall be used for small quantity generator technical assistance and compliance education components of their moderate risk waste plans as required by RCW 70A.300.350.
[ 2020 c 20 s 1227; 1995 c 207 s 4; 1990 c 114 s 19. Formerly RCW 70.95E.090.]
Notes:
Effective date—1995 c 207: See note following RCW 70A.218.010.

catchline: Technical assistance and compliance education—Grants.


title: RCW 70A.218.080

text:
Nothing in this chapter relates to radioactive wastes or substances composed of both radioactive and hazardous components, and the department is precluded from using the funds of the hazardous waste assistance account for the regulation and control of such wastes.
[ 1990 c 114 s 20. Formerly RCW 70.95E.100.]

catchline: Exclusion from chapter.


title: RCW 70A.220.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Container," unless otherwise specified, refers to "rigid plastic container" or "plastic bottle" as those terms are defined in this section.
(2) "Distributors" means those persons engaged in the distribution of packaged goods for sale in the state of Washington, including manufacturers, wholesalers, and retailers.
(3) "Label" means a molded, imprinted, or raised symbol on or near the bottom of a plastic container or bottle.
(4) "Person" means an individual, sole proprietor, partnership, association, or other legal entity.
(5) "Plastic" means a material made of polymeric organic compounds and additives that can be shaped by flow.
(6) "Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.
(7) "Rigid plastic container" means a formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.
[ 1991 c 319 s 103. Formerly RCW 70.95F.010.]

catchline: Definitions.


title: RCW 70A.220.020

text:
Except as provided in RCW 70A.220.030(2), after January 1, 1992, no person may distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The numbers and letters used shall be as follows:
(a) [(1)] 1.= PETE (polyethylene terephthalate)
(b) [(2)] 2.= HDPE (high-density polyethylene)
(c) [(3)] 3.= V (vinyl) or PVC (polyvinyl chloride)
(d) [(4)] 4.= LDPE (low density polyethylene)
(e) [(5)] 5.= PP (polypropylene)
(f) [(6)] 6.= PS (polystyrene)
(g) [(7)] 7.= OTHER
[ 2021 c 313 s 18; 2020 c 20 s 1228; 1991 c 319 s 104. Formerly RCW 70.95F.020.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Plastic bottle or rigid plastic container—Labeling requirements.


title: RCW 70A.220.030

text:
(1) A person who, after written notice from the department, violates RCW 70A.220.020 is subject to a civil penalty of fifty dollars for each violation up to a maximum of five hundred dollars and may be enjoined from continuing violations. Each distribution constitutes a separate offense.
(2) Retailers and distributors shall have two years from May 21, 1991, to clear current inventory, delivered or received and held in their possession as of May 21, 1991.
[ 2020 c 20 s 1229; 1991 c 319 s 105. Formerly RCW 70.95F.030.]

catchline: Violations, penalty.


title: RCW 70A.222.005

text:
The legislature finds and declares that:
(1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment;
(2) Packaging comprises a significant percentage of the overall solid waste stream;
(3) The presence of heavy metals in packaging is a part of the total concern in light of their likely presence in emissions or ash when packaging is incinerated, or in leachate when packaging is landfilled;
(4) Lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern;
(5) The intent of this chapter is to achieve a reduction in toxicity without impeding or discouraging the expanded use of postconsumer materials in the production of packaging and its components.
[ 1991 c 319 s 106. Formerly RCW 70.95G.005.]

catchline: Finding.


title: RCW 70A.222.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Food package" means a package or packaging component that is intended for direct food contact and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
(2) "Manufacturer" means a person, firm, partnership, organization, joint venture, or corporation that applies a package to a product for distribution or sale.
(3) "Package" means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, and a shipping container. "Package" also means and includes unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
(4) "Packaging component" means an individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.
(5) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of food packaging, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(6) "Safer alternative" means an alternative substance or chemical, demonstrated by an alternatives assessment, that meets improved hazard and exposure considerations and can be practicably and economically substituted for the original chemical.
[ 2018 c 138 s 1; 1991 c 319 s 107. Formerly RCW 70.95G.010.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).


title: RCW 70A.222.020

text:
The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed the following:
(1) Six hundred parts per million by weight effective July 1, 1993;
(2) Two hundred fifty parts per million by weight effective July 1, 1994; and
(3) One hundred parts per million by weight effective July 1, 1995.
This section shall apply only to lead, cadmium, mercury, and hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution.
[ 1992 c 131 s 1; 1991 c 319 s 108. Formerly RCW 70.95G.020.]

catchline: Concentration levels.


title: RCW 70A.222.030

text:
All packages and packaging components shall be subject to this chapter except the following:
(1) Those packages or package components with a code indicating date of manufacture that were manufactured prior to May 21, 1991;
(2) Those packages or packaging components that have been purchased by, delivered to, or are possessed by a retailer on or before twenty-four months following May 21, 1991, to permit opportunity to clear existing inventory of the proscribed packaging material;
(3) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative; or
(4) Those packages and packaging components that would not exceed the maximum contaminant levels set forth in RCW 70A.222.020(1) but for the addition of postconsumer materials; and provided that the exemption for this subsection shall expire six years after May 21, 1991.
[ 2020 c 20 s 1230; 1991 c 319 s 109. Formerly RCW 70.95G.030.]

catchline: Exemptions.


title: RCW 70A.222.040

text:
A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this chapter shall be developed by its manufacturer. For food packaging, a manufacturer shall develop a compliance certificate by the date of a prohibition taking effect under RCW 70A.222.070. If compliance is achieved under the exemption or exemptions provided in RCW 70A.222.030, the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturing company. The certificate of compliance shall be kept on file by the manufacturer for as long as the package or packaging component is in use, and for three years from the date of the last sale or distribution by the manufacturer. Certificates of compliance, or copies thereof, shall be furnished to the department of ecology upon request within sixty days. If manufacturers are required under any other state statute to provide a certificate of compliance, one certificate may be developed containing all required information.
If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer shall develop an amended or new certificate of compliance for the reformulated or new package or packaging component.
[ 2020 c 20 s 1231; 2018 c 138 s 3; 1991 c 319 s 110. Formerly RCW 70.95G.040.]

catchline: Certificate of compliance.


title: RCW 70A.222.050

text:
Requests from a member of the public for any certificate of compliance shall be:
(1) Made in writing to the department of ecology;
(2) Made specific as to package or packaging component information requested; and
(3) Responded to by the department of ecology within ninety days.
[ 1991 c 319 s 111. Formerly RCW 70.95G.050.]

catchline: Certificate of compliance—Public access.


title: RCW 70A.222.060

text:
The department of ecology may prohibit the sale of any package for which a manufacturer has failed to respond to a request by the department for a certificate of compliance within the allotted period of time pursuant to RCW 70A.222.040.
[ 2020 c 20 s 1232; 1991 c 319 s 112. Formerly RCW 70.95G.060.]

catchline: Prohibition of sale of package.


title: RCW 70A.222.070

text:
(1) Beginning January 1, 2022, no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state food packaging to which PFAS chemicals have been intentionally added in any amount. This prohibition may not take effect until the department of ecology completes the following: (a) Identifies that safer alternatives are available, and the safer alternative determination is supported by feedback from an external peer review of the department's alternatives assessment; and (b) publishes findings, as required under subsection (3) of this section.
(2) To determine whether safer alternatives to PFAS chemicals exist, the department of ecology must conduct an alternatives assessment as part of the PFAS chemical action plan that:
(a) Evaluates less toxic chemicals and nonchemical alternatives to replace the use of a chemical;
(b) Follows the guidelines for alternatives assessments issued by the interstate chemicals clearinghouse; and
(c) Includes, at a minimum, an evaluation of chemical hazards, exposure, performance, cost, and availability.
(3) By January 1, 2020, the department of ecology must publish its findings in the Washington State Register on whether safer alternatives to PFAS chemicals in specific applications of food packaging are available for each assessed application and submit a report with the findings and the feedback from the peer review of the department's alternatives assessment to the appropriate committees of the legislature. In order to determine that safer alternatives are available, the safer alternatives must be readily available in sufficient quantity and at a comparable cost, and perform as well as or better than PFAS chemicals in a specific food packaging application. If an alternative is a chemical, it must have previously been approved for food contact by the United States food and drug administration, such as through the issuance of a determination that the chemical has a reasonable certainty of causing no harm.
(4) The prohibition on the use of PFAS chemicals in food packaging:
(a) Becomes effective January 1, 2022, if the report required under subsection (3) of this section finds that safer alternatives are available for specific food packaging applications;
(b) Does not take effect January 1, 2022, if the report required under subsection (3) of this section does not find that safer alternatives are available for specific food packaging applications.
(5) If the department of ecology does not find that a safer alternative is available for some or all categories of food packaging applications, beginning January 1, 2021, and each year following, the department of ecology must review and report on alternatives as described in subsection (2) of this section. The prohibition in this section for specific food packaging applications takes effect two years after a report submitted to the legislature required under subsection (3) of this section finds that safer alternatives are available.
[ 2018 c 138 s 2. Formerly RCW 70.95G.070.]

catchline: Prohibition on the manufacture, sale, or distribution of certain food packaging—Safer alternatives assessment by department of ecology—Publication of findings—Report to legislature—Prohibition effective date contingent on findings.


title: RCW 70A.224.005

text:
(1) The legislature finds that:
(a) Millions of gallons of used oil are generated each year in this state, and used oil is a valuable petroleum resource that can be recycled;
(b) The improper collection, transportation, recycling, use, or disposal of used oil contributes to the pollution of air, water, and land, and endangers public health and welfare;
(c) The private sector is a vital resource in the collection and recycling of used oil and should be involved in its collection and recycling whenever practicable.
(2) In light of the harmful consequences of improper disposal and use of used oil, and its value as a resource, the legislature declares that the collection, recycling, and reuse of used oil is in the public interest.
(3) The department, when appropriate, should promote the rerefining of used oil in its grants, public education, regulatory, and other programs.
[ 1991 c 319 s 301. Formerly RCW 70.95I.005.]
Notes:
Hazardous waste: Chapter 70A.214 RCW.


title: RCW 70A.224.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Local government" means a city or county developing a local hazardous waste plan under RCW 70A.300.350.
(3) "Lubricating oil" means any oil designed for use in, or maintenance of, a vehicle, including, but not limited to, motor oil, gear oil, and hydraulic oil. "Lubricating oil" does not mean petroleum hydrocarbons with a flash point below one hundred degrees Centigrade.
(4) "Public used oil collection site" means a site where a used oil collection tank has been placed for the purpose of collecting household generated used oil. "Public used oil collection site" also means a vehicle designed or operated to collect used oil from the public.
(5) "Rerefining used oil" means the reclaiming of base lube stock from used oil for use again in the production of lube stock. Rerefining used oil does not mean combustion or landfilling.
(6) "Used oil" means (a) lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; (b) any oil that has been refined from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and (c) any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no longer useful to the original purchaser. "Used oil" does not include used oil to which hazardous wastes have been added.
(7) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, watercourse, or trail, and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, watercourse, or trail, except devices moved by human or animal power.
[ 2020 c 20 s 1233; 1991 c 319 s 302. Formerly RCW 70.95I.010.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).


title: RCW 70A.224.020

text:
(1) Each local government and its local hazardous waste plan under RCW 70A.300.350 is required to include a used oil recycling element. This element shall include:
(a) A plan to reach the local goals for household used oil recycling established by the local government and the department under RCW 70A.224.030. The plan shall, to the maximum extent possible, incorporate voluntary agreements with the private sector and state agencies to provide sites for the collection of used oil. Where provided, the plan shall also incorporate residential collection of used oil;
(b) A plan for enforcing the sign and container ordinances required by RCW 70A.224.040;
(c) A plan for public education on used oil recycling;
(d) A plan for addressing best management practices as provided for under RCW 70A.224.030; and
(e) An estimate of funding needed to implement the requirements of this chapter. This estimate shall include a budget reserve for disposal of contaminated oil detected at any public used oil collection site administered by the local government.
(2) By July 1, 1993, each local government or combination of contiguous local governments shall submit its used oil recycling element to the department. The department shall approve or disapprove the used oil recycling element by January 1, 1994, or within ninety days of submission, whichever is later. The department shall approve or disapprove the used oil recycling element if it determines that the element is consistent with this chapter and the guidelines developed by the department under RCW 70A.224.030.
(3) Each local government, or combination of contiguous local governments, shall submit an annual statement to the department describing the number of used oil collection sites and the quantity of household used oil recycled for the jurisdiction during the previous calendar year. The first statement shall be due April 1, 1994. Subsequent statements shall be due April 1st of each year.
(4) Nothing in this section shall be construed to require a city or county to construct or operate a public used oil collection site.
[ 2020 c 20 s 1234; 2014 c 173 s 1; 1991 c 319 s 303. Formerly RCW 70.95I.020.]

catchline: Used oil recycling element.


title: RCW 70A.224.030

text:
(1) The department shall, in consultation with local governments, maintain guidelines for the used oil recycling elements required by RCW 70A.224.020 and, by July 1, 2015, shall develop best management practices for preventing and managing polychlorinated biphenyl contamination at public used oil collection sites.
(a) The guidelines shall:
(i) Require development of local collection and rerefining goals for household used oil for each entity preparing a used oil recycling element under RCW 70A.224.020;
(ii) Require local government to recommend the number of used oil collection sites needed to meet the local goals. The department shall establish criteria regarding minimum levels of used oil collection sites;
(iii) Require local government to identify locations suitable as public used oil collection sites as described under RCW 70A.224.020(1)(a).
(b) The best management practices for preventing and managing polychlorinated biphenyl contamination at public used oil collection sites must include, at a minimum:
(i) Tank testing requirements;
(ii) Contaminated tank labeling and security measures;
(iii) Contaminated tank cleanup standards;
(iv) Proper contaminated used oil disposal as required under chapter 70A.300 RCW and 40 C.F.R. Part 761;
(v) Spill control measures; and
(vi) Model contract language for contracts with used oil collection vendors.
(2) The department may waive all or part of the specific requirements of RCW 70A.224.020 if a local government demonstrates to the satisfaction of the department that the objectives of this chapter have been met.
(3) The department may prepare and implement a used oil recycling plan for any local government failing to complete the used oil recycling element of the plan.
(4) The department shall develop statewide collection and rerefining goals for household used oil for each calendar year beginning with calendar year 1994. Goals shall be based on the estimated statewide collection and rerefining rate for calendar year 1993, and shall increase each year until calendar year 1996, when the rate shall be eighty percent.
(5) By July 1, 2015, the department shall update the guidelines establishing statewide equipment and operating standards for public used oil collection sites. The updated guidelines must include the best management practices for prevention and management of contaminated used oil developed pursuant to subsection (1) of this section and a process for how to petition the legislature for relief of extraordinary costs incurred with the management and disposal of contaminated used oil. In addition, the standards shall:
(a) Allow the use of used oil collection igloos and other types of portable used oil collection tanks;
(b) Prohibit the disposal of nonhousehold-generated used oil;
(c) Limit the amount of used oil deposited to five gallons per household per day;
(d) Ensure adequate protection against leaks and spills; and
(e) Include other requirements deemed appropriate by the department.
[ 2020 c 20 s 1235; 2014 c 173 s 2; 1991 c 319 s 304. Formerly RCW 70.95I.030.]

catchline: Used oil recycling element guidelines—Waiver—Statewide goals.


title: RCW 70A.224.040

text:
(1) A person annually selling one thousand or more gallons of lubricating oil to ultimate consumers for use or installation off the premises, or five hundred or more vehicle oil filters to ultimate consumers for use or installation off the premises within a city or county having an approved used oil recycling element, shall:
(a) Post and maintain at or near the point of sale, durable and legible signs informing the public of the importance of used oil recycling and how and where used oil may be properly recycled; and
(b) Provide for sale at or near the display location of the lubricating oil or vehicle oil filters, household used oil recycling containers. The department shall design and print the signs required by this section, and shall make them available to local governments and retail outlets.
(2) A person, who, after notice, violates this section is guilty of a misdemeanor and on conviction is subject to a fine not to exceed one thousand dollars.
(3) The department is responsible for notifying retailers subject to this section.
(4) A city or county may adopt household used oil recycling container standards in order to ensure compatibility with local recycling programs.
(5) Each local government preparing a used oil recycling element of a local hazardous waste plan pursuant to RCW 70A.224.020 shall adopt ordinances within its jurisdiction to enforce subsections (1) and (4) of this section.
[ 2020 c 20 s 1236; 1991 c 319 s 305. Formerly RCW 70.95I.040.]


title: RCW 70A.224.050

text:
The department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil in order to conserve resources and protect the environment. As part of this program, the department shall:
(1) Establish and maintain a statewide list of public used oil collection sites, and a list of all persons coordinating local government used oil programs;
(2) Establish a statewide media campaign describing used oil recycling;
(3) Assist local governments in providing public education and awareness programs concerning used oil by providing technical assistance and education materials; and
(4) Encourage the establishment of voluntary used oil collection and recycling programs, including public-private partnerships, and provide technical assistance to persons organizing such programs.
[ 1991 c 319 s 306. Formerly RCW 70.95I.050.]

catchline: Statewide education.


title: RCW 70A.224.060

text:
(1) Effective January 1, 1992, the use of used oil for dust suppression or weed abatement is prohibited.
(2) Effective July 1, 1992, no person may sell or distribute absorbent-based kits, intended for home use, as a means for collecting, recycling, or disposing of used oil.
(3) Effective January 1, 1994, no person may knowingly dispose of used oil except by delivery to a person collecting used oil for recycling, treatment, or disposal, subject to the provisions of this chapter and chapter 70A.300 RCW.
(4) Effective January 1, 1994, no owner or operator of a solid waste landfill may knowingly accept used oil for disposal in the landfill.
(5) A person who violates this section is guilty of a misdemeanor.
[ 2020 c 20 s 1237; 1991 c 319 s 307. Formerly RCW 70.95I.060.]

catchline: Disposal of used oil—Penalty.


title: RCW 70A.224.070

text:
(1) By January 1, 1993, the department shall adopt rules requiring any transporter of used oil to comply with minimum notification, invoicing, recordkeeping, and reporting requirements. For the purpose of this section, a transporter means a person engaged in the off-site transportation of used oil in quantities greater than twenty-five gallons per day.
(2) By January 1, 1993, the department shall adopt minimum standards for used oil that is blended into fuels. Standards shall, at a minimum, establish testing and recordkeeping requirements. Unless otherwise exempted, a processor is any person involved in the marketing, blending, mixing, or processing of used oil to produce fuel to be burned for energy recovery.
(3) Any person who knowingly transports used oil without meeting the requirements of this section shall be subject to civil penalties under chapter 70A.300 RCW.
(4) Rules developed under this section shall not require a manifest from individual residences served by a waste oil curbside collection program.
[ 2020 c 20 s 1238; 1991 c 319 s 308. Formerly RCW 70.95I.070.]

catchline: Used oil transporter and processor requirements—Civil penalties.


title: RCW 70A.224.080

text:
By January 1, 1987, the state fire protection board, in cooperation with the department of ecology, shall develop a statewide standard for the placement of above-ground tanks to collect used oil from private individuals for recycling purposes.
[ 1986 c 37 s 1. Formerly RCW 70.95I.080, 19.114.040.]

catchline: Above-ground used oil collection tanks.


title: RCW 70A.224.900

text:
This chapter shall be known and may be cited as the used oil recycling act.
[ 1991 c 319 s 310. Formerly RCW 70.95I.901.]

catchline: Short title.


title: RCW 70A.226.005

text:
(1) The legislature finds that:
(a) Municipal sewage sludge is an unavoidable by-product of the wastewater treatment process;
(b) Population growth and technological improvements in wastewater treatment processes will increase the production of biosolids in the future;
(c) Sludge management is often a financial burden to municipalities and to ratepayers;
(d) Properly managed municipal sewage sludge is a valuable commodity and can be beneficially used in agriculture, silviculture, and in landscapes as a soil conditioner; and
(e) Municipal sewage sludge can contain metals and microorganisms that, under certain circumstances, may pose a risk to public health.
(2) The legislature declares that a program shall be established to manage municipal sewage sludge and that the program shall, to the maximum extent possible, ensure that municipal sewage sludge is reused as a beneficial commodity and is managed in a manner that minimizes risk to public health and the environment.
[ 2025 c 317 s 1; 1992 c 174 s 1. Formerly RCW 70.95J.005.]

catchline: Findings—Municipal sewage sludge as a beneficial commodity.


title: RCW 70A.226.007

text:
The purpose of this chapter is to provide the department and local governments with the authority and direction to meet federal regulatory requirements for municipal sewage sludge. The department may seek delegation and administer the sludge permit program required by the federal clean water act as it existed on July 27, 2025.
[ 2025 c 317 s 2; 1992 c 174 s 2. Formerly RCW 70.95J.007.]

catchline: Purpose—Federal requirements.


title: RCW 70A.226.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recycled and meets all requirements under this chapter. For the purposes of this chapter, "biosolids" includes septic tank sludge, also known as septage, that can be beneficially recycled and meets all requirements under this chapter.
(2) "Department" means the department of ecology.
(3) "Local health department" has the same meaning as "jurisdictional health department" in RCW 70A.205.015.
(4) "Municipal sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a publicly owned wastewater treatment plant.
(5) "PFAS chemicals" has the same meaning as defined in RCW 70A.350.010.
[ 2025 c 317 s 3; 2020 c 20 s 1239; 1992 c 174 s 3. Formerly RCW 70.95J.010.]

catchline: Definitions.


title: RCW 70A.226.020

text:
(1) The department shall adopt rules to implement a biosolid management program within 12 months of the adoption of federal rules, 40 C.F.R. Part 503, relating to technical standards for the use and disposal of sewage sludge. The biosolid management program shall, at a minimum, conform with all applicable federal rules adopted pursuant to the federal clean water act as it existed on July 27, 2025.
(2) In addition to any federal requirements, the state biosolid management program may include, but not be limited to, an education program to provide relevant legal and scientific information to local governments and citizen groups.
(3) Rules adopted by the department under this section shall provide for public input and involvement for all state and local permits.
(4) Materials that have received a permit as a biosolid shall be regulated pursuant to this chapter.
(5) The transportation of biosolids and municipal sewage sludge shall be governed by Title 81 RCW. Certificates issued by the utilities and transportation commission before June 11, 1992, that include or authorize transportation of municipal sewage sludge shall continue in force and effect and be interpreted to include biosolids.
(6)(a) By July 1, 2026, the department must publish guidance to clarify PFAS chemical sampling requirements, including frequency and methodology, for facilities generating biosolids.
(b) Facilities generating biosolids regulated under this chapter must sample for PFAS chemical in accordance with the department's guidance and have the biosolids analyzed by an accredited laboratory for PFAS chemicals using the United States environmental protection agency method 1633A as it existed in December 2024, no more than quarterly starting no later than January 1, 2027, and ending by June 30, 2028.
(c) Facilities that are required to sample their biosolids for PFAS must provide all sampling results to the department no later than September 30, 2028.
(d) By July 1, 2029, the department must submit a report to the appropriate committees of the legislature and the public with a summary of the analysis of the levels of PFAS chemicals in biosolids produced in and/or land applied in Washington state and recommendations on how to proceed based on the analysis.
(e) In developing the recommendations under (d) of this subsection, the department must consult with the advisory committee created in RCW 70A.226.025.
(f) For the purposes of this subsection, "biosolids" do not include septic tank sludge, also known as septage.
[ 2025 c 317 s 4; 1992 c 174 s 4. Formerly RCW 70.95J.020.]

catchline: Biosolid management program—Transportation of biosolids and sludge—PFAS chemical sampling requirements.


title: RCW 70A.226.025

text:
(1) By September 30, 2028, and before developing the report required in RCW 70A.226.020(6)(d), the department must convene and consult with an advisory committee of representatives from:
(a) The farming community;
(b) Toxicologists;
(c) Utilities that produce soil amendments, including special purpose districts, municipal utility providers, and public utility districts;
(d) Local governments;
(e) Experts;
(f) Interested parties; and
(g) Other similar stakeholders.
(2) The purpose of consultation required under this section is to ensure that the department is soliciting and receiving sufficient input on requirements and standards for sampling or testing biosolids for PFAS chemicals.
(3) For the purposes of this section, "biosolids" do not include septic tank sludge, also known as septage.
[ 2025 c 317 s 6.]

catchline: Advisory committee—Report—PFAS chemical sampling requirements.


title: RCW 70A.226.030

text:
(1) The department shall establish annual fees to collect expenses for issuing and administering biosolids permits under this chapter. An initial fee schedule shall be established by rule and shall be adjusted no more often than once every two years. This fee schedule applies to all permits, regardless of date of issuance, and fees shall be assessed prospectively. Fees shall be established in amounts to recover expenses incurred by the department in processing permit applications and modifications, reviewing related plans and documents, monitoring, evaluating, conducting inspections, overseeing performance of delegated program elements, sampling or testing, and providing technical assistance and supporting overhead expenses that are directly related to these activities.
(2) The annual fee paid by a permittee for any permit issued under this chapter shall be determined by the number of residences or residential equivalents contributing to the permittee's biosolids management system. If residences or residential equivalents cannot be determined or reasonably estimated, fees shall be based on other appropriate criteria.
(3) The biosolids permit account is created in the state treasury. All receipts from fees under this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of administering permits under this chapter.
(4) The department shall make available on the department's website information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.
(5) The department shall work with the regulated community and local health departments to study the feasibility of modifying the fee schedule to support delegated local health departments and reduce local health department fees paid by biosolids permittees.
[ 2025 c 317 s 5; 2014 c 76 s 7; 1997 c 398 s 1. Formerly RCW 70.95J.025.]

catchline: Biosolids permits—Fees—Biosolids permit account.


title: RCW 70A.226.040

text:
The department may work with all appropriate state agencies, local governments, and private entities to establish beneficial uses for biosolids and glassified sewage sludge.
[ 1992 c 174 s 5. Formerly RCW 70.95J.030.]

catchline: Beneficial uses for biosolids and glassified sewage sludge.


title: RCW 70A.226.050

text:
If a person violates any provision of this chapter, or a permit issued or rule adopted pursuant to this chapter, the department may issue an appropriate order to assure compliance with the chapter, permit, or rule.
[ 1992 c 174 s 6. Formerly RCW 70.95J.040.]

catchline: Violations—Orders.


title: RCW 70A.226.060

text:
The department, with the assistance of the attorney general, may bring an action at law or in equity, including an action for injunctive relief, to enforce this chapter or a permit issued or rule adopted by the department pursuant to this chapter.
[ 1992 c 174 s 7. Formerly RCW 70.95J.050.]

catchline: Enforcement of chapter.


title: RCW 70A.226.070

text:
A person who willfully violates, without sufficient cause, any of the provisions of this chapter, or a permit or order issued pursuant to this chapter, is guilty of a gross misdemeanor. Willful violation of this chapter, or a permit or order issued pursuant to this chapter is a gross misdemeanor punishable by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment for up to three hundred sixty-four days, or by both. Each day of violation may be deemed a separate violation.
[ 2011 c 96 s 50; 1992 c 174 s 8. Formerly RCW 70.95J.060.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

catchline: Violations—Punishment.


title: RCW 70A.226.080

text:
In addition to any other penalty provided by law, a person who violates this chapter or rules or orders adopted or issued pursuant to it shall be subject to a penalty in an amount of up to five thousand dollars a day for each violation. Each violation shall be a separate violation. In the case of a continuing violation, each day of violation is a separate violation. An act of commission or omission that procures, aids, or abets in the violation shall be considered a violation under this section.
[ 1992 c 174 s 9. Formerly RCW 70.95J.070.]

catchline: Violations—Monetary penalty.


title: RCW 70A.226.090

text:
The department may delegate to a local health department the powers necessary to issue and enforce permits to use or dispose of biosolids. A delegation may be withdrawn if the department finds that a local health department is not effectively administering the permit program.
[ 1992 c 174 s 10. Formerly RCW 70.95J.080.]

catchline: Delegation to local health department—Generally.


title: RCW 70A.226.100

text:
(1) Any permit issued by a local health department under RCW 70A.226.090 may be reviewed by the department to ensure that the proposed site or facility conforms with all applicable laws, rules, and standards under this chapter.
(2) If the department does not approve or disapprove a permit within sixty days, the permit shall be considered approved.
(3) A local health department may appeal the department's decision to disapprove a permit to the pollution control hearings board, as provided in chapter 43.21B RCW.
[ 2020 c 20 s 1240; 1992 c 174 s 11. Formerly RCW 70.95J.090.]

catchline: Delegation to local health department—Review.


title: RCW 70A.228.005

text:
The legislature finds and declares that:
(1) It is a matter of statewide concern that biomedical waste be handled in a manner that protects the health, safety, and welfare of the public, the environment, and the workers who handle the waste.
(2) Infectious disease transmission has not been identified from improperly disposed biomedical waste, but the potential for such transmission may be present.
(3) A uniform, statewide definition of biomedical waste will simplify compliance with local regulations while preserving local control of biomedical waste management.
[ 1992 c 14 s 1. Formerly RCW 70.95K.005.]

catchline: Findings.


title: RCW 70A.228.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Biomedical waste" means, and is limited to, the following types of waste:
(a) "Animal waste" is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans.
(b) "Biosafety level 4 disease waste" is waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the centers for disease control, national institute[s] of health, biosafety in microbiological and biomedical laboratories, current edition.
(c) "Cultures and stocks" are wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures.
(d) "Human blood and blood products" is discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.
(e) "Pathological waste" is waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. "Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for final disposition.
(f) "Sharps waste" is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.
(2) "Local government" means city, town, or county.
(3) "Local health department" means the city, county, city-county, or district public health department.
(4) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.
(5) "Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease.
(6) "Residential sharps waste" has the same meaning as "sharps waste" in subsection (1) of this section except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.
(7) "Sharps waste container" means a leak-proof, rigid, puncture-resistant red container that is taped closed or tightly lidded to prevent the loss of the residential sharps waste.
(8) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.
(9) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by a biomedical or solid waste collection company approved by the utilities and transportation commission.
(10) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.
(11) "Source separation" has the same meaning as in RCW 70A.205.015.
(12) "Unprotected sharps" means residential sharps waste that are not disposed of in a sharps waste container.
[ 2020 c 20 s 1241; 2019 c 432 s 32; 1994 c 165 s 2; 1992 c 14 s 2. Formerly RCW 70.95K.010.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.
Findings—Purpose—Intent—1994 c 165: "The legislature finds that the improper disposal and labeling of sharps waste from residences poses a potential health risk and perceived threat to the waste generators, public, and workers in the waste and recycling industry. The legislature further finds that a uniform method for handling sharps waste generated at residences will reduce confusion and injuries, and enhance public and waste worker confidence.
It is the purpose and intent of this act that residential generated sharps waste be contained in easily identified containers and separated from the regular solid waste stream to ensure worker safety and promote proper disposal of these wastes in a manner that is environmentally safe and economically sound." [ 1994 c 165 s 1.]


title: RCW 70A.228.020

text:
The definition of biomedical waste set forth in RCW 70A.228.010 shall be the sole state definition for biomedical waste within the state, and shall preempt biomedical waste definitions established by a local health department or local government.
[ 2020 c 20 s 1242; 1992 c 14 s 3. Formerly RCW 70.95K.011.]

catchline: State definition preempts local definitions.


title: RCW 70A.228.030

text:
(1) At the request of an applicant, the department of health, in consultation with the department of ecology and local health departments, may evaluate the environmental and public health impacts of biomedical waste treatment technologies. The department shall make available the results of any evaluation to local health departments.
(2) All direct costs associated with the evaluation shall be paid by the applicant to the department of health or to a state or local entity designated by the department of health.
(3) For the purposes of this section, "applicant" means any person representing a biomedical waste treatment technology that seeks an evaluation under subsection (1) of this section.
(4) The department of health may adopt rules to implement this section.
[ 1992 c 14 s 4. Formerly RCW 70.95K.020.]

catchline: Waste treatment technologies.


title: RCW 70A.228.040

text:
(1) A person shall not intentionally place unprotected sharps or a sharps waste container into: (a) Recycling containers provided by a city, county, or solid waste collection company, or any other recycling collection site unless that site is specifically designated by a local health department as a drop-off site for sharps waste containers; or (b) cans, carts, drop boxes, or other containers in which refuse, trash, or solid waste has been placed for collection if a source separated collection service is provided for residential sharps waste.
(2) Local health departments shall enforce this section, primarily through an educational approach regarding proper disposal of residential sharps. On the first and second violation, the health department shall provide a warning to the person that includes information on proper disposal of residential sharps. A subsequent violation shall be a class 3 infraction under chapter 7.80 RCW.
(3) It is not a violation of this section to place a sharps waste container into a household refuse receptacle if the utilities and transportation commission determines that such placement is necessary to reduce the potential for theft of the sharps waste container.
[ 1994 c 165 s 3. Formerly RCW 70.95K.030.]
Notes:
Effective date—1994 c 165 s 3: "Section 3 of this act shall take effect July 1, 1995." [ 1994 c 165 s 6.]
Findings—Purpose—Intent—1994 c 165: See note following RCW 70A.228.010.

catchline: Residential sharps—Disposal—Violation.


title: RCW 70A.228.050

text:
(1) A public or private provider of solid waste collection service may provide a program to collect source separated residential sharps waste containers in conjunction with regular collection services.
(2) A company collecting source separated residential sharps waste containers shall notify the public, in writing, on the availability of this service. Notice shall occur at least forty-five days prior to the provision of this service and shall include the following information: (a) How to properly dispose of residential sharps waste; (b) how to obtain sharps waste containers; (c) the cost of the program; (d) options to home collection of sharps waste; and (e) the legal requirements of residential sharps waste disposal.
(3) A company under the jurisdiction of the utilities and transportation commission may provide the service authorized under subsection (1) of this section only under tariff.
The commission may require companies collecting sharps waste containers to implement practices that will protect the containers from theft.
[ 1994 c 165 s 4. Formerly RCW 70.95K.040.]
Notes:
Findings—Purpose—Intent—1994 c 165: See note following RCW 70A.228.010.

catchline: Residential sharps waste collection.


title: RCW 70A.228.900

text:
Section headings as used in this chapter do not constitute any part of the law.
[ 1992 c 14 s 5. Formerly RCW 70.95K.900.]

catchline: Section headings.


title: RCW 70A.228.901

text:
(1) Sections 2 and 3 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 shall take effect immediately [March 20, 1992].
(2) Section 4 of this act shall take effect October 1, 1992.
[ 1992 c 14 s 7. Formerly RCW 70.95K.920.]

catchline: Effective dates—1992 c 14.


title: RCW 70A.230.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bulk mercury" includes any elemental, nonamalgamated mercury, regardless of volume quantity or weight and does not include mercury-added products as defined in this section or products containing mercury collected for recycling or disposal at a permitted disposal facility.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of ecology.
(4) "Health care facility" includes a hospital, nursing home, extended care facility, long-term care facility, clinical or medical laboratory, state or private health or mental institution, clinic, physician's office, or health maintenance organization.
(5) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a mercury-added product or an importer or domestic distributor of a mercury-added product produced in a foreign country. In the case of a multicomponent product containing mercury, the manufacturer is the last manufacturer to produce or assemble the product. If the multicomponent product or mercury-added product is produced in a foreign country, the manufacturer is the first importer or domestic distributor.
(6) "Mercury-added button-cell battery" means a button-cell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
(7) "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel, and other similar products. Mercury-added novelty does not include games, toys, or products that require a button-cell or lithium battery, liquid crystal display screens, or a lamp that contains mercury.
(8) "Mercury-added product" means a product, commodity, or chemical, or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, or chemical in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. Mercury-added products include those products listed in the interstate mercury education and reduction clearinghouse mercury-added products database, but are not limited to, mercury thermometers, mercury thermostats, mercury barometers, lamps, and mercury switches or relays.
(9) "Mercury manometer" means a mercury-added product that is used for measuring blood pressure.
(10) "Mercury thermometer" means a mercury-added product that is used for measuring temperature.
(11) "Retailer" means a retailer of a mercury-added product.
(12) "Switch" means any device, which may be referred to as a switch, sensor, valve, probe, control, transponder, or any other apparatus, that directly regulates or controls the flow of electricity, gas, or other compounds, such as relays or transponders. "Switch" includes all components of the unit necessary to perform its flow control function. "Automotive mercury switch" includes a convenience switch, such as a switch for a trunk or hood light, and a mercury switch in antilock brake systems. "Utility switch" includes, but is not limited to, all devices that open or close an electrical circuit, or a liquid or gas valve. "Utility relay" includes, but is not limited to, all products or devices that open or close electrical contacts to control the operation of other devices in the same or other electrical circuit.
(13) "Wholesaler" means a wholesaler of a mercury-added product.
[ 2012 c 119 s 1; 2010 c 130 s 18; 2003 c 260 s 2. Formerly RCW 70.95M.010.]
Notes:
Severability—2010 c 130: See RCW 70A.505.901.

catchline: Definitions.


title: RCW 70A.230.020

text:
(1) Effective January 1, 2004, a manufacturer, wholesaler, or retailer may not knowingly sell at retail a fluorescent lamp if the fluorescent lamp contains mercury and was manufactured after November 30, 2003, unless the fluorescent lamp is labeled in accordance with the guidelines listed under subsection (2) of this section. Primary responsibility for affixing labels required under this section is on the manufacturer, and not on the wholesaler or retailer.
(2) Except as provided in subsection (3) of this section, a lamp is considered labeled pursuant to subsection (1) of this section if the lamp has all of the following:
(a) A label affixed to the lamp that displays the internationally recognized symbol for the element mercury; and
(b) A label on the lamp's packaging that: (i) Clearly informs the purchaser that mercury is present in the item; (ii) explains that the fluorescent lamp should be disposed of according to applicable federal, state, and local laws; and (iii) provides a toll-free telephone number, and a uniform resource locator internet address to a website, that contains information on applicable disposal laws.
(3) The manufacturer of a mercury-added lamp is in compliance with the requirements of this section if the manufacturer is in compliance with the labeling requirements of another state.
(4) The provisions of this section do not apply to products containing mercury-added lamps.
(5)(a) Except as provided in (b) of this subsection, beginning January 1, 2029, a manufacturer, wholesaler, or retailer may not knowingly sell a compact fluorescent lamp or linear fluorescent lamp.
(b) In-state distributors, wholesalers, and retailers in possession of compact fluorescent lamps or linear fluorescent lamps on January 1, 2029, may exhaust their existing stock through sales to the public until July 1, 2029.
(6) The provisions of subsection (5) of this section do not apply to:
(a) A special purpose mercury-containing light;
(b) The products specified in RCW 70A.230.110; or
(c) The sale or purchase of compact fluorescent lamps or linear fluorescent lamps as a casual or isolated sale as defined in RCW 82.04.040.
(7) A violation of this section is punishable by a civil penalty not to exceed $1,000 for each violation in the case of a first violation. Repeat violators are liable for a civil penalty not to exceed $5,000 for each repeat violation. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180. Penalties imposed under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.
(8) The department may adopt rules to implement, administer, and enforce the requirements of this section.
(9) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Compact fluorescent lamp" means a compact low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:
(i) One base (end cap) of any type including, but not limited to, screw, bayonet, two pins, and four pins;
(ii) Integrally ballasted or nonintegrally ballasted;
(iii) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and -0.024 in the international commission on illumination (CIE) uniform color space (CAM02-UCS);
(iv) All tube diameters and all tube lengths;
(v) All lamp sizes and shapes for directional and nondirectional installations including, but not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.
(b) "Linear fluorescent lamp" means a low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:
(i) Two bases (end caps) of any type including, but not limited to, single-pin, two-pin, and recessed double contact;
(ii) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and -0.024 in the CIE CAM02-UCS;
(iii) All tube diameters including, but not limited to, T5, T8, T10, and T12;
(iv) All tube lengths from 0.5 to 8.0 feet, inclusive; and
(v) All lamp shapes including, but not limited to, linear, U-bend, and circular.
(c) "Special purpose mercury-containing light" includes any of the following lights that contain mercury:
(i) A lamp designed and marketed exclusively for image capture and projection, including photocopying, printing, either directly or in preprocessing, lithography, film and video projection, and holography; or
(ii) A lamp that has a high proportion of ultraviolet light emission and is one of the following:
(A) A lamp with high ultraviolet content that has ultraviolet power greater than two milliwatts per kilolumen (mW/klm);
(B) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation of approximately 253.7 nanometers;
(C) A lamp designed and marketed exclusively for disinfection or fly trapping from which either the radiation power emitted between 250 and 315 nanometers represents at least five percent of, or the radiation power emitted between 315 and 400 nanometers represents at least 20 percent of, the total radiation power emitted between 250 and 800 nanometers;
(D) A lamp designed and marketed exclusively for the generation of ozone where the primary purpose is to emit radiation at approximately 185.1 nanometers;
(E) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from which the radiation power emitted between 400 and 480 nanometers represents at least 40 percent of the total radiation power emitted between 250 and 800 nanometers;
(F) Any lamp designed and marketed exclusively in a sunlamp product, defined as any electronic product designed to incorporate one or more ultraviolet lamps and intended for irradiation of any part of the living human body, by ultraviolet radiation;
(G) Any lamp designed and marketed exclusively for use in a sunlamp product, as defined in 21 C.F.R. Sec. 1040.20(b)(9), January 1, 2023;
(H) A lamp designed and marketed exclusively for use in medical or veterinary diagnosis or treatment, or in a medical device;
(I) A lamp designed and marketed exclusively for use in the manufacturing or quality control of pharmaceutical products;
(J) A lamp designed and marketed exclusively for spectroscopy and photometric applications, such as UV-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared (NDIR), Fourier transform infrared (FTIR), medical analysis, ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring;
(K) A lamp used by academic and research institutions for conducting research projects and experiments; or
(L) A compact fluorescent lamp used to replace a lamp in a motor vehicle manufactured on or before January 1, 2020.
[ 2024 c 339 s 2; 2003 c 260 s 3. Formerly RCW 70.95M.020.]

catchline: Fluorescent lamps—Labeling requirements—Prohibition on sale—Exceptions—Penalty—Rule making—Definitions.


title: RCW 70A.230.030

text:
The department of health must develop an educational plan for schools, local governments, businesses, and the public on the proper disposal methods for mercury and mercury-added products.
[ 2003 c 260 s 4. Formerly RCW 70.95M.030.]

catchline: Mercury disposal education plan.


title: RCW 70A.230.040

text:
A school may not purchase for use in a primary or secondary classroom bulk elemental mercury or chemical mercury compounds. By January 1, 2006, all primary and secondary schools in the state must remove and properly dispose of all bulk elemental mercury, chemical mercury, and bulk mercury compounds used as teaching aids in science classrooms, not including barometers.
[ 2003 c 260 s 5. Formerly RCW 70.95M.040.]

catchline: Schools—Purchase of mercury prohibited.


title: RCW 70A.230.050

text:
(1) Effective January 1, 2006, no person may sell, offer for sale, or distribute for sale or use in this state a mercury-added novelty. A manufacturer of mercury-added novelties must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining mercury-added novelty inventory.
(2)(a) Effective January 1, 2006, no person may sell, offer for sale, or distribute for sale or use in this state a manometer used to measure blood pressure or a thermometer that contains mercury. This subsection (2)(a) does not apply to:
(i) An electronic thermometer with a button-cell battery containing mercury;
(ii) A thermometer that contains mercury and that is used for food research and development or food processing, including meat, dairy products, and pet food processing;
(iii) A thermometer that contains mercury and that is a component of an animal agriculture climate control system or industrial measurement system or for veterinary medicine until such a time as the system is replaced or a nonmercury component for the system or application is available;
(iv) A thermometer or manometer that contains mercury that is used for calibration of other thermometers, manometers, apparatus, or equipment, unless a nonmercury calibration standard is approved for the application by the national institute of standards and technology;
(v) A thermometer that is provided by prescription. A manufacturer of a mercury thermometer shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur; or
(vi) A manometer or thermometer sold or distributed to a hospital, or a health care facility controlled by a hospital, if the hospital has adopted a plan for mercury reduction consistent with the goals of the mercury chemical action plan developed by the department under section 302, chapter 371, Laws of 2002.
(b) A manufacturer of thermometers that contain mercury must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining thermometer inventory.
(3) Effective January 1, 2006, no person may sell, install, or reinstall a commercial or residential thermostat that contains mercury unless the manufacturer of the thermostat conducts or participates in a thermostat recovery or recycling program designed to assist contractors in the proper disposal of thermostats that contain mercury in accordance with 42 U.S.C. Sec. 6901, et seq., the federal resource conservation and recovery act.
(4) No person may sell, offer for sale, or distribute for sale or use in this state a motor vehicle manufactured after January 1, 2006, if the motor vehicle contains an automotive mercury switch.
(5) Nothing in this section restricts the ability of a manufacturer, importer, or domestic distributor from transporting products through the state, or storing products in the state for later distribution outside the state.
(6) Effective June 30, 2012, the sale or purchase and delivery of bulk mercury is prohibited, including sales through the internet or sales by private parties. However, the prohibition in this subsection does not apply to immediate dangerous waste recycling facilities or treatment, storage, and disposal facilities as approved by the department and sales to research facilities, or industrial facilities that provide products or services to entities exempted from this chapter.
[ 2012 c 119 s 2; 2010 c 130 s 19; 2003 c 260 s 6. Formerly RCW 70.95M.050.]
Notes:
Severability—2010 c 130: See RCW 70A.505.901.

catchline: Prohibited sales—Novelties, manometers, thermometers, thermostats, motor vehicles, bulk mercury.


title: RCW 70A.230.060

text:
(1) The *department of general administration must, by January 1, 2005, revise its rules, policies, and guidelines to implement the purpose of this chapter.
(2) The department of enterprise services must give priority and preference to the purchase of equipment, supplies, and other products that contain no mercury-added compounds or components, unless: (a) There is no economically feasible nonmercury-added alternative that performs a similar function; or (b) the product containing mercury is designed to reduce electricity consumption by at least forty percent and there is no nonmercury or lower mercury alternative available that saves the same or a greater amount of electricity as the exempted product. In circumstances where a nonmercury-added product is not available, preference must be given to the purchase of products that contain the least amount of mercury added to the product necessary for the required performance.
[ 2015 c 225 s 109; 2003 c 260 s 7. Formerly RCW 70.95M.060.]
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: Rules—Product preference.


title: RCW 70A.230.070

text:
The department is authorized to participate in a regional or multistate clearinghouse to assist in carrying out any of the requirements of this chapter. A clearinghouse may also be used for examining notification and label requirements, developing education and outreach activities, and maintaining a list of all mercury-added products.
[ 2003 c 260 s 8. Formerly RCW 70.95M.070.]

catchline: Clearinghouse—Department participation.


title: RCW 70A.230.080

text:
A violation of this chapter, other than a violation of RCW 70A.230.020, is punishable by a civil penalty not to exceed $1,000 for each violation in the case of a first violation. Repeat violators are liable for a civil penalty not to exceed $5,000 for each repeat violation. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180. The penalties provided in this section must be imposed pursuant to RCW 43.21B.300 and may be appealed to the pollution control hearings board.
[ 2024 c 347 s 7; 2024 c 339 s 17; 2020 c 20 s 1245; 2019 c 422 s 405; 2003 c 260 s 9. Formerly RCW 70.95M.080.]
Notes:
Reviser's note: This section was amended by 2024 c 339 s 17 and by 2024 c 347 s 7, 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).
Finding—Intent—2024 c 339: See note following RCW 70A.505.010.
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

catchline: Penalties.


title: RCW 70A.230.090

text:
Nothing in this chapter applies to crematories as defined in RCW 68.04.070, alkaline hydrolysis, or natural organic reduction facilities as defined in RCW 68.04.320.
[ 2019 c 432 s 33; 2003 c 260 s 10. Formerly RCW 70.95M.090.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.


title: RCW 70A.230.100

text:
Nothing in this chapter applies to prescription drugs and devices regulated by the food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), to biological products regulated by the food and drug administration under the public health service act (42 U.S.C. Sec. 262 et seq.), or to any substance that may be lawfully sold over-the-counter without a prescription under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).
[ 2012 c 119 s 3; 2003 c 260 s 12. Formerly RCW 70.95M.100.]

catchline: Prescription drugs and devices, biological products, over-the-counter items—Nonapplicability of chapter.


title: RCW 70A.230.110

text:
Nothing in RCW 70A.230.020, 70A.230.050 (1), (3), or (4), or 70A.230.060 applies to medical equipment or reagents used in medical or research tests regulated by the food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).
[ 2020 c 20 s 1246; 2003 c 260 s 13. Formerly RCW 70.95M.110.]

catchline: Medical equipment, research tests—Nonapplicability of chapter.


title: RCW 70A.230.120

text:
(1) Beginning July 1, 2007, a person who is known to be pregnant or who is under three years of age shall not be vaccinated with a mercury-containing vaccine or injected with a mercury-containing product that contains more than 0.5 micrograms of mercury per 0.5 milliliter dose.
(2) Notwithstanding subsection (1) of this section, an influenza vaccine may contain up to 1.0 micrograms of mercury per 0.5 milliliter dose.
(3) The secretary of the department of health may, upon the secretary's or local public health officer's declaration of an outbreak of vaccine-preventable disease or of a shortage of vaccine that complies with subsection (1) or (2) of this section, suspend the requirements of this section for the duration of the outbreak or shortage. A person who is known to be pregnant or lactating or a parent or legal guardian of a child under eighteen years of age shall be informed if the person or child is to be vaccinated or injected with any mercury-containing product that contains more than the mercury limits per dose in subsections (1) and (2) of this section.
(4) All vaccines and products referenced under this section must meet food and drug administration licensing requirements.
[ 2007 c 268 s 1; 2006 c 231 s 2. Formerly RCW 70.95M.115.]
Notes:
Findings—2006 c 231: "The legislature finds that vaccinations and immunizations are among the most important public health innovations of the last one hundred years. The centers for disease control and prevention placed vaccinations at the top of its list of the ten greatest public health achievements of the twentieth century. In its efforts to improve public health in the world's poorest countries, the Bill and Melinda Gates foundation has identified childhood immunization as a cost-effective method of improving public health and saving the lives of millions of children around the world.
Fortunately, in Washington, safe and cost-effective vaccinations against childhood diseases are widely available through both public and private resources. The vaccines that the Washington state department of health provides to meet the requirements for the recommended childhood vaccination schedule through its universal childhood vaccine program are screened for thimerosal and preference is given toward the purchase of thimerosal-free products. The department of health currently provides thimerosal-free products for all routinely recommended childhood vaccines. Regardless of the absence of thimerosal in childhood vaccines in Washington, scientifically reputable organizations such as the centers for disease control and prevention, the national institute of medicine, the American academy of pediatrics, the food and drug administration, and the world health organization have all determined that there is no credible evidence that the use of thimerosal in vaccines poses a threat to the health and safety of children.
Notwithstanding these assurances of the safety of the vaccine supply, the legislature finds that where there is public concern over the safety of vaccines, vaccination rates may be reduced to the point that deadly, vaccine-preventable, childhood diseases return. This measure is being enacted to maintain public confidence in vaccine programs, so that the public will continue to seek vaccinations and their health benefits may continue to protect the people of Washington." [ 2006 c 231 s 1.]

catchline: Vaccines.


title: RCW 70A.230.130

text:
Any fiscal impact on the department or the department of health that results from the implementation of this chapter must be paid for out of funds that are appropriated by the legislature from the model toxics control operating account for the implementation of the department's persistent bioaccumulative toxic chemical strategy.
[ 2019 c 422 s 406; 2003 c 260 s 11. Formerly RCW 70.95M.120.]
Notes:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.

catchline: Fiscal impact—Model toxics control operating account.


title: RCW 70A.230.140

text:
The department of ecology shall petition the United States environmental protection agency requesting development of a national mercury repository site.
[ 2003 c 260 s 14. Formerly RCW 70.95M.130.]

catchline: National mercury repository site.


title: RCW 70A.230.160

text:
(1) All persons, residents, government, commercial, industrial, and retail facilities and office buildings must recycle their end-of-life mercury-containing lights.
(2) No mercury-containing lights may knowingly be placed in waste containers for disposal at incinerators, waste to energy facilities, or landfills.
(3) No mercury-containing lights may knowingly be placed in a container for mixed recyclables unless there is a separate location or compartment for the mercury-containing lights that complies with local government collection standards or guidelines.
(4) No owner or operator of a solid waste facility may be found in violation of this section if the facility has posted in a conspicuous location a sign stating that mercury-containing lights must be recycled and are not accepted for disposal.
(5) No solid waste collector may be found in violation of this section for mercury-containing lights placed in a disposal container by the generator of the mercury-containing light.
[ 2024 c 339 s 19.]
Notes:
Finding—Intent—2024 c 339: See note following RCW 70A.505.010.

catchline: Mercury-containing lights.


title: RCW 70A.235.010

text:
The legislature finds that beverage containers designed to be opened through the use of detachable metal rings or tabs are hazardous to the health and welfare of the citizens of this state and detrimental to certain wildlife. The detachable parts are susceptible to ingestion by human beings and wildlife. The legislature intends to eliminate the danger posed by these unnecessary containers by prohibiting their retail sale in this state.
[ 1982 c 113 s 1. Formerly RCW 70.132.010.]

catchline: Legislative findings.


title: RCW 70A.235.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Beverage" means beer or other malt beverage or mineral water, soda water, or other drink in liquid form and intended for human consumption. The term does not include milk-based, soy-based, or similar products requiring heat and pressure in the canning process.
(2) "Beverage container" means a separate and sealed can containing a beverage.
(3) "Department" means the department of ecology created under chapter 43.21A RCW.
[ 1983 c 257 s 1; 1982 c 113 s 2. Formerly RCW 70.132.020.]


title: RCW 70A.235.030

text:
No person may sell or offer to sell at retail in this state any beverage container so designed and constructed that a metal part of the container is detachable in opening the container through use of a metal ring or tab. Nothing in this section prohibits the sale of a beverage container which container's only detachable part is a piece of pressure sensitive or metallic tape.
[ 1982 c 113 s 3. Formerly RCW 70.132.030.]

catchline: Sale of containers with detachable metal rings or tabs prohibited.


title: RCW 70A.235.040

text:
The department shall administer and enforce this chapter. The department shall adopt rules interpreting and implementing this chapter. Any rule adopted under this section shall be adopted under the administrative procedure act, chapter 34.05 RCW.
[ 1982 c 113 s 4. Formerly RCW 70.132.040.]

catchline: Enforcement—Rules.


title: RCW 70A.235.050

text:
Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, any person who violates any provision of this chapter or any rule adopted under this chapter is subject to a civil penalty not exceeding five hundred dollars for each violation. Each day of a continuing violation is a separate violation.
[ 1995 c 403 s 632; 1982 c 113 s 5. Formerly RCW 70.132.050.]
Notes:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Penalty.


title: RCW 70A.235.900

text:
This act shall take effect on July 1, 1983. The director of the department of ecology is authorized to take such steps prior to such date as are necessary to ensure that this act is implemented on its effective date.
[ 1982 c 113 s 7. Formerly RCW 70.132.900.]

catchline: Effective date—Implementation—1982 c 113.


title: RCW 70A.240.010

text:
(1) The legislature finds that:
(a) Recycling reduces greenhouse gas emissions, conserves energy and landfill space, provides jobs and valuable feedstock materials to industry, promotes health, and protects the environment;
(b) Washington has long been a leader in sound management of recyclable materials and solid waste;
(c) Waste import restrictions worldwide are having huge implications for state and local recycling programs and operations in Washington state, requiring immediate action by the legislature;
(d) In order to maintain our leadership in recycling and create regional domestic markets, Washington must be innovative and implement best practices for recycling and waste reduction;
(e) Washington's environment and economy will benefit from expanding the number of industries that process recycled materials and use recycled feedstocks in their manufacturing;
(f) Washington recognizes the value of manufacturing incentives to encourage recycling industries to locate and operate in Washington and provide manufacturer incentives to improve the recyclability of their products;
(g) Many local governments and private entities cumulatively affect, and are affected by, the market for recycled commodities but have limited jurisdiction and cannot adequately address the problems of market development that are complex, wide-ranging, and regional in nature;
(h) A sustainable recycling system is one that is economically sustainable, in addition to environmentally sustainable;
(i) The private sector has the greatest capacity for creating and expanding markets for recycled commodities and the development of private markets for recycled commodities is in the public interest; and
(j) Washington must create a center to facilitate business assistance, provide basic and applied research and development, as well as policy analysis, to further the development of domestic processing and markets for recycled commodities.
(2) Therefore, it is the policy of the state to create the recycling development center to research, incentivize, and develop new markets and expand existing markets for recycled commodities and recycling facilities.
[ 2019 c 166 s 1. Formerly RCW 70.370.010.]
Notes:
Effective date—2019 c 166: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [ 2019 c 166 s 10.]

catchline: Findings.


title: RCW 70A.240.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Center" means recycling development center.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of ecology.
(4) "Local government" means a city, town, or county.
(5) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan.
(6) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.
(7) "Secondary materials" means any materials that are not the primary products from manufacturing and other industrial sectors. These materials may include scrap and residuals from production processes and products that have been recovered at the end of their useful life.
(8) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
[ 2019 c 166 s 2. Formerly RCW 70.370.020.]
Notes:
Effective date—2019 c 166: See note following RCW 70A.240.010.

catchline: Definitions.


title: RCW 70A.240.030

text:
(1) The recycling development center is created within the department of ecology.
(2) The purpose of the center is to provide or facilitate basic and applied research and development, marketing, and policy analysis in furthering the development of markets and processing for recycled commodities and products. As used in this chapter, market development consists of public and private activities that are used to overcome impediments preventing full and productive use of secondary materials diverted from the waste stream, and that encourage and expand use of those materials and subsequent products. In fulfilling this mission, the center must initially direct its services to businesses that transform or remanufacture waste materials into usable or marketable materials or products for use rather than disposal.
(3) The center must perform the following activities:
(a) Develop an annual work plan. The work plan must describe actions and recommendations for developing markets for commodities comprising a significant percentage of the waste stream and having potential for use as an industrial or commercial feedstock, with initial focus on mixed waste paper and plastics;
(b) Evaluate, analyze, and make recommendations on state policies that may affect markets for recyclable materials. Such recommendations must include explicit consideration of the costs and benefits of the market-effecting policies, including estimates of the anticipated: Rate impacts on solid waste utility ratepayers; impacts on the prices of consumer goods affected by the recommended policies; and impacts on rates of recycling or utilization of postconsumer materials;
(c) Work with manufacturers and producers of packaging and other potentially recyclable materials on their work to increase the ability of their products to be recycled or reduced in Washington;
(d) Initiate, conduct, or contract for studies relating to market development for recyclable materials, including but not limited to applied research, technology transfer, life-cycle analysis, and pilot demonstration projects;
(e) Obtain and disseminate information relating to market development for recyclable materials from other state and local agencies and other sources;
(f) Contract with individuals, corporations, trade associations, and research institutions for the purposes of this chapter;
(g) Provide grants or contracts to local governments, state agencies, or other public institutions to further the development or revitalization of recycling markets in accordance with applicable rules and regulations;
(h) Provide business and marketing assistance to public and private sector entities within the state;
(i) Represent the state in regional and national market development issues and work to create a regional recycling development council that will work across either state or provincial borders, or both;
(j) Wherever necessary, the center must work with: Material recovery facility operators; public and private sector recycling and solid waste industries; packaging manufacturers and retailers; local governments; environmental organizations; interested colleges and universities; and state agencies, including the department of commerce and the utilities and transportation commission; and
(k) Report to the legislature and the governor each even-numbered year on the progress of achieving the center's purpose and performing the center's activities, including any effects on state recycling rates or rates of utilization of postconsumer materials in manufactured products that can reasonably be attributed, at least in part, to the activities of the center.
(4) In order to carry out its responsibilities under this chapter, the department must enter into an interagency agreement with the department of commerce to perform or contract for the following activities:
(a) Provide targeted business assistance to recycling businesses, including:
(i) Development of business plans;
(ii) Market research and planning information;
(iii) Referral and information on market conditions; and
(iv) Information on new technology and product development;
(b) Conduct outreach to negotiate voluntary agreements with manufacturers to increase the use of recycled materials in products and product development;
(c) Support, promote, and identify research and development to stimulate new technologies and products using recycled materials;
(d) Actively promote manufacturing with recycled commodities, as well as purchasing of recycled products by state agencies consistent with and in addition to the requirements of chapter 43.19A RCW and RCW 39.26.255, local governments, and the private sector;
(e) Undertake studies on the unmet capital and other needs of reprocessing and manufacturing firms using recycled materials, such as financing and incentive programs; and
(f) Conduct research to understand the waste stream supply chain and incentive strategies for retention, expansion, and attraction of innovative recycling technology businesses.
(5) The department may adopt any rules necessary to implement and enforce this chapter including, but not limited to, measures for the center's performance.
[ 2019 c 166 s 3. Formerly RCW 70.370.030.]
Notes:
Effective date—2019 c 166: See note following RCW 70A.240.010.

catchline: Recycling development center—Creation—Purpose and duties—Report to the legislature and governor—Interagency agreement—Rules.


title: RCW 70A.240.040

text:
(1) The center's activities must be guided by an advisory board.
(2) The duties of the advisory board are to:
(a) Provide advice and guidance on the annual work plan of the center; and
(b) Evaluate, analyze, and make recommendations on state policies that may affect markets for recyclable materials to the director and the department of commerce.
(3) Except as otherwise provided, advisory board members must be appointed by the director in consultation with the department of commerce as follows:
(a) One member to represent cities;
(b) One member appointed by the Washington association of county solid waste managers to represent counties east of the crest of the Cascade mountains;
(c) One member appointed by the Washington association of county solid waste managers to represent counties west of the crest of the Cascade mountains;
(d) One member to represent public interest groups;
(e) Three members from universities or state and federal research institutions;
(f) Up to seven private sector members to represent all aspects of the recycling materials system, including but not limited to manufacturing and packaging, solid waste management, and at least one not-for-profit organization familiar with innovative recycling solutions that are being used internationally in Scandinavia, China, and other countries;
(g) The chair of the utilities and transportation commission or the chair's designee as a nonvoting member; and
(h) Nonvoting, temporary appointments to the board may be made by the chair of the advisory board where specific expertise is needed.
(4) The initial appointments of the seven private sector members are as follows: Three members with three-year terms and four members with two-year terms. Thereafter, members serve two-year renewable terms.
(5) The advisory board must meet at least quarterly.
(6) The chair of the advisory board must be elected from among the members by a simple majority vote.
(7) The advisory board may adopt bylaws and a charter for the operation of its business for the purposes of this chapter.
(8) The department shall provide staff support to the advisory board.
[ 2019 c 166 s 4. Formerly RCW 70.370.040.]
Notes:
Effective date—2019 c 166: See note following RCW 70A.240.010.

catchline: Advisory board—Duties—Membership.