S-1634.2          _______________________________________________


                            SUBSTITUTE SENATE BILL 5478



State of Washington              52nd Legislature             1991 Regular Session


By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Conner and Wojahn).


Read first time March 1, 1991.Requiring comprehensive solid waste management plans to include provisions for recycling for single and multiple family residences.

     AN ACT Relating to curbside recycling; amending RCW 70.95.030, 70.95.090, and 70.95.110; and creating a new section.




     NEW SECTION.  Sec. 1.      The legislature finds that curbside recycling services should be provided in multiple family residences.  Each resident unit should have individual access to recycling containers.  The county and city comprehensive solid waste management plans should include provisions for such service.


     Sec. 2.  RCW 70.95.030 and 1989 c 431 s 2 are each amended to read as follows:

     As used in this chapter, unless the context indicates otherwise:

     (1) "City" means every incorporated city and town.

     (2) "Commission" means the utilities and transportation commission.

     (3) "Committee" means the state solid waste advisory committee.

     (4) "Department" means the department of ecology.

     (5) "Director" means the director of the department of ecology.

     (6) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

     (7) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

     (8) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

     (9) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

     (10) "Jurisdictional health department" means city, county, city-county, or district public health department.

     (11) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

     (12) "Local government" means a city, town, or county.

     (13) "Multiple family residence" means any structure housing two or more dwelling units.

     (14) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

     (((14))) (15) "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.  Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

     (((15))) (16) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

     (((16))) (17) "Residence" means the regular dwelling place of an individual or individuals.

     (18) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

     (((17))) (19) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

     (((18))) (20) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

     (((19))) (21) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse 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, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

     (((20))) (22) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.


     Sec. 3.  RCW 70.95.090 and 1989 c 431 s 3 are each amended to read as follows:

     Each county and city comprehensive solid waste management plan shall include the following:

     (1) A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.

     (2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.

     (3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:

     (a) Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;

     (b) Take into account the comprehensive land use plan of each jurisdiction;

     (c) Contain a six year construction and capital acquisition program for solid waste handling facilities; and

     (d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.

     (4) A program for surveillance and control.

     (5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:

     (a) Any franchise for solid waste collection granted by the utilities and transportation commission in the respective jurisdictions including the name of the holder of the franchise and the address of his or her place of business and the area covered by the franchise;

     (b) Any city solid waste operation within the county and the boundaries of such operation;

     (c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;

     (d) The projected solid waste collection needs for the respective jurisdictions for the next six years.

     (6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in RCW 70.95.010, provides programs that (a) reduce the amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling opportunities for the source separated waste.

     (7) The waste reduction and recycling element shall include the following:

     (a) Waste reduction strategies;

     (b) Source separation strategies, including:

     (i) Programs for the collection of source separated materials from residences in urban and rural areas.  In urban areas, these programs shall include collection of source separated recyclable materials from ((residential dwellings)) single and multiple family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines.  Such criteria shall include:  Anticipated recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate.  In rural areas, these programs shall include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer, processing, or disposal site, or at locations convenient to the residents of the county.  The drop-off boxes and buy-back centers may be owned or operated by public, nonprofit, or private persons;

     (ii) Programs to monitor the collection of source separated waste at nonresidential sites where there is sufficient density to sustain a program;

     (iii) Programs to collect yard waste, if the county or city submitting the plan finds that there are adequate markets or capacity for composted yard waste within or near the service area to consume the majority of the material collected; and

     (iv) Programs to educate and promote the concepts of waste reduction and recycling;

     (c) Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a description of waste composition, a discussion and description of existing programs and any additional programs needed to assist public and private sector recycling, and an implementation schedule for the designation of specific materials to be collected for recycling, and for the provision of recycling collection services;

     (d) Other information the county or city submitting the plan determines is necessary.

     (8) An assessment of the plan's impact on the costs of solid waste collection.  The assessment shall be prepared in conformance with guidelines established by the utilities and transportation commission.  The commission shall cooperate with the Washington state association of counties and the association of Washington cities in establishing such guidelines.

     (9) A review of potential areas that meet the criteria as outlined in RCW 70.95.165.


     Sec. 4.  RCW 70.95.110 and 1989 c 431 s 5 are each amended to read as follows:

     (1) The comprehensive county solid waste management plans and any comprehensive city solid waste management plans prepared in accordance with RCW 70.95.080 shall be maintained in a current condition and reviewed and revised periodically by counties and cities as may be required by the department.  Upon each review such plans shall be extended to show long-range needs for solid waste handling facilities for twenty years in the future, and a revised construction and capital acquisition program for six years in the future.  Each revised solid waste management plan shall be submitted to the department.

     Each plan shall be reviewed and revised within five years of July 1, 1984, and thereafter shall be reviewed, and revised if necessary according to the schedule provided in subsection (2) of this section.

     (2) Cities and counties preparing solid waste management plans shall submit the waste reduction and recycling element required in RCW 70.95.090 and any revisions to other elements of its comprehensive solid waste management plan to the department no later than:

     (a) July 1, 1991, for class one areas:  PROVIDED, That portions relating to multiple family residences shall be submitted no later than July 1, 1992;

     (b) July 1, 1992, for class two areas; and

     (c) July 1, 1994, for class three areas.

     Thereafter, each plan shall be reviewed and revised, if necessary, at least every five years.  Nothing in this act shall prohibit local governments from submitting a plan prior to the dates listed in this subsection.

     (3) The classes of areas are defined as follows:

     (a) Class one areas are the counties of Spokane, Snohomish, King, Pierce, and Kitsap and all the cities therein.

     (b) Class two areas are all other counties located west of the crest of the Cascade mountains and all the cities therein.

     (c) Class three areas are the counties east of the crest of the Cascade mountains and all the cities therein, except for Spokane county.

     (4) Cities and counties shall begin implementing the programs to collect source separated materials no later than one year following the adoption and approval of the waste reduction and recycling element and these programs shall be fully implemented within two years of approval.