2361-S

AN ACT Relating to the disposal of large residential appliances; adding new sections to chapter 70.95 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that:

(1) Washington state has an active industry involved in the collection and recycling of retired major appliances;

(2) Major appliances often contain a number of problem wastes including mercury, polychlorinated biphenyls (PCB's) and chlorofluorocarbons (CFC's); and

(3) No guidelines or procedures currently exist to ensure the proper removal and management of problem wastes.

The legislature therefore directs the department of ecology to register each major appliance processor and to develop uniform procedures for the proper removal and management of problem wastes.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 3 through 5 of this act.

(1) "Major appliances" means common household appliances containing a significant quantity of recyclable metal and includes but is not limited to refrigerators, freezers, stoves, ranges, ovens, air conditioners, washing machines, clothes dryers, dishwashing machines, water heaters, trash compactors, garbage disposals, dehumidifiers, and heat pumps.

(2) "Retired major appliances" means used major appliances that are relinquished by their owners.

(3) "Major appliance processor" means an individual, company, or government agency engaged in the business of removing and handling problem wastes found in major appliances.

(4) "Problem wastes" include, but are not limited to: Capacitors and ballasts containing polychlorinated biphenyls, mercury switches, compressor oil, and chlorofluorocarbons found in major appliances.

NEW SECTION. Sec. 3. (1) Beginning January 1, 1995, the department shall require each major appliance processor to annually register with the department. The department shall make available to each major appliance processor a registration form requesting substantially the following information:

(a) The name, address, and telephone number of the processing facility;

(b) The name, address, and telephone number of the owner and operator of the facility;

(c) A list of equipment and removal procedures to be used to assure proper removal of problem wastes from major appliances;

(d) Procedures for safe storage of problem wastes after removal from major appliances;

(e) A list identifying the individuals or businesses who have accepted the problem wastes and scrap metal for disposal or recycling; and

(f) Any other reasonably related information required by the department to meet the requirements of section 4 of this act.

(2) The department may charge a fee to recover the cost of registering major appliance processors. The fee may not exceed twenty-five dollars.

NEW SECTION. Sec. 4. (1) By September 1, 1994, the department shall develop, in consultation with major appliance processors, guidelines specifying how problem wastes contained in major appliances shall be removed and managed. At a minimum, the guidelines shall include the removal and management of:

(a) Capacitors and ballasts containing polychlorinated biphenyls;

(b) Mercury switches;

(d) Refrigerant gases; and

(e) Any other problem or hazardous wastes identified by the department.

(2) Beginning January 1, 1995, and thereafter, each major appliance processor shall ensure that all problem wastes contained in major appliances are removed in conformance with the guidelines developed under subsection (1) of this section.

(3) Upon request by the department, a major appliance processor shall verify compliance with subsection (2) of this section.

NEW SECTION. Sec. 5. (1) It is a class 3 civil infraction under chapter 7.80 RCW to violate section 3 or 4 of this act. Each retired large appliance processed in violation of section 3 or 4 of this act shall be considered a separate infraction.

(2) The department shall provide a written warning through registered mail to a major appliance processor identifying any violations under section 3 or 4 of this act. The department shall assess the monetary penalties established under subsection (1) of this section if a major appliance processor is not in compliance with section 3 or 4 of this act within thirty days of receiving the written warning.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act are each added to chapter 70.95 RCW.