S-0754.2/91       _______________________________________________


                                 SENATE BILL 5367



State of Washington              52nd Legislature             1991 Regular Session


By Senators Patterson, Sellar, Owen and Snyder.


Read first time January 29, 1991.  Referred to Committee on Transportation.Concerning the transport of recovered materials.

     AN ACT Relating to transporting recovered materials; and amending RCW 81.80.440.




     Sec. 1.  RCW 81.80.440 and 1990 c 123 s 1 are each amended to read as follows:

     (1) It is unlawful for a motor vehicle transporting recovered materials to perform a transportation service for compensation upon the public highways of this state without first having received a permit from the commission.  The permits shall be granted upon a finding that the motor carrier is fit, willing, and able to provide transportation of recovered materials, and upon payment of the appropriate filing fee authorized by this chapter for other applications for operating authority, including payment of the annual regulatory fee imposed by RCW 81.80.320.  The carriers are subject to the safety of operations and insurance requirements of the commission, but are not subject to rate regulation by the commission.

     (2) The provisions of this section apply to motor vehicles when:

     (a) Transporting recovered materials for a person from ((a)) one or more sites generating ten thousand or more tons of recovered materials per year to a reprocessing facility or an end‑use manufacturing site;

     (b) Transporting recovered materials from a reprocessing facility to another reprocessing facility or to an end‑use manufacturing site; or

     (c) Transporting recovered mixed waste paper from a reprocessing facility to an energy recovery facility.

     (3) For the purposes of this section, the following definitions shall apply:

     (a) "Recovered materials" means those commodities collected for recycling or reuse, such as papers, glass, plastics, used wood, metals, yard waste, used oil, and tires, that if not collected for recycling would otherwise be destined for disposal or incineration.  "Recovered materials" shall not include any wood waste or wood byproduct generated from a logging, milling, or chipping activity;

     (b) "Reprocessing facility" means a business registered under chapter 82.32 RCW or a nonprofit corporation identified under chapter 24.03 RCW that accepts or purchases recovered materials and prepares those materials for resale;

     (c) "Mixed waste paper" means assorted low‑value grades of paper that have not been separated into individual grades of paper at the point of collection; and

     (d) "Energy recovery facility" means a facility designed to burn mixed waste paper as a fuel, except that such term does not include mass burn incinerators.