AN ACT Relating to the control of dangerous wastes that had household uses; adding a new chapter to Title 70 RCW; making appropriations; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The legislature finds that hazardous wastes are polluting ground water and surface bodies of water, that this pollution is causing extensive damage and degradation to plant, animal and human life and to the environment and that such pollution is harmful to the health and welfare of the people of the state of Washington. The legislature further finds that a large source of this pollution occurs from the inadequate and unavailable means of disposal of hazardous household substances.

(2) The legislature also finds that the following priorities are necessary for the proper management of hazardous household substances and should be followed in order of descending priority as applicable:

(a) Waste reduction;

(b) Recycling, including waste exchange; and

(3) The purposes of this chapter are to provide moneys necessary to fund state and local programs for the safe handling and disposal of hazardous household substances, including the creation of sites for the collection of hazardous household substances, the transportation and disposal of such substances at appropriate disposal sites, and the education of the public as to the hazards posed by hazardous wastes.

NEW SECTION. Sec. 2. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Dangerous waste" has the same meaning as defined in RCW 70.105.010.

(2) "Hazardous household substances" means any substances offered for sale for household uses which are identified in accordance with the procedures of section 3 of this act as hazardous household substances.

(3) "Household uses" means uses by persons for activities other than industrial or commercial agricultural activities.

(4) "Retailer" means every person, other than a wholesaler, who sells, offers for sale, or distributes any one or more hazardous household substances, irrespective of the quantity or amount, or the number of sales.

(5) "Wholesaler" means every person who sells, offers for sale, or otherwise distributes one or more hazardous household substances to retailers for the purpose of resale only.

NEW SECTION. Sec. 3. (1) By July 1, 1986, the department of ecology shall prepare an inventory of hazardous household substances. The inventory shall be prepared as described in this section.

(2) The department of ecology shall prepare a list of chemicals which are common constituents of substances sold for household uses and which, in their pure form, would exhibit any of the properties used to designate dangerous waste.

(3) The department of ecology shall develop an inventory of generic categories of products intended for household uses. A category shall be included in the inventory if products in the category are found to contain any amount of one or more of the chemicals listed pursuant to subsection (2) of this section, or if the department of ecology finds that a particular category would typically exhibit any of the properties used to designate a dangerous waste. These generic categories shall be based on the intended household uses of the products in the categories.

(4) When determining whether or not a chemical constituent under subsection (2) of this section or a generic category under subsection (3) of this section exhibits any of the properties used to designate dangerous wastes, the department of ecology shall consider only the properties and shall not consider the quantity limits used to designate wastes as dangerous wastes.

(5) When preparing the inventory of hazardous household substances under subsection (3) of this section, the department of ecology shall not include in the inventory any of the following substances sold for household uses:

(a) Substances which are intended for ingestion by humans or pets;

(b) Prescription drugs;

(d) Gasoline or diesel fuel dispensed through a fuel pump at a service station.

NEW SECTION. Sec. 4. There is hereby levied and there shall be collected by the department of revenue, in addition to any other tax, from every person engaging within this state in business as a wholesaler and/or making sales at wholesale, or making internal distributions under RCW 82.04.270(2), an annual assessment equal to the gross proceeds of sales or the value of the article so distributed, as the case may be, of hazardous household substances, as defined by the department of ecology, multiplied by the rate of two percent. All of the applicable provisions contained in chapter 82.32 RCW have full force and application with respect to taxes imposed under this chapter. The first assessment shall be for the last half of calendar year 1986.

NEW SECTION. Sec. 5. There is hereby created an account within the state treasury to be known as the hazardous household substances account. All moneys collected from the excise tax imposed under this chapter shall be deposited in the hazardous household substances account and used for the administration and implementation of this chapter. Moneys in the hazardous household substances account may be spent only after appropriation. The account is subject to the allotment procedure provided under chapter 43.88 RCW.

NEW SECTION. Sec. 6. Moneys in the hazardous household substances account may be used for: (1) Administrative expenses of the department of revenue and the department of ecology; (2) an education program to be conducted by the department of ecology to inform the public of proper disposal and handling methods for hazardous household substances; and (3) planning and operation of county programs for the handling and disposal of hazardous household substances, as described in section 8 of this act. All funding shall be administered by the department of ecology.

If there is a surplus in the account at the conclusion of a fiscal biennium, the additional revenue shall be placed in the hazardous waste control and elimination account.

NEW SECTION. Sec. 7. (1) By January 1, 1986, the department of ecology shall develop guidelines for use by counties to accomplish the requirements of section 8 of this act.

(2) By January 1, 1987, the department of ecology shall:

(a) Conduct a public education program to inform the public about the hazards of hazardous household substances and the safe disposal of such substances; and

(b) Provide a central telephone number for the public to obtain information regarding hazardous household substances.

(3) The department shall evaluate the feasibility of various other means of educating the public about hazardous household substances including, but not limited to, posting or labeling of information about the safe use and disposal of hazardous household substances to be affixed by retailers of such substances. If the department determines this is feasible, the department may adopt rules, pursuant to the administrative procedure act, chapter 34.04 RCW, to require retailers to post educational information or to affix labels to hazardous household substances.

NEW SECTION. Sec. 8. (1) By January 1, 1989, every county in the state shall implement a program for the safe handling and disposal of hazardous household substances. The program shall be consistent with the guidelines developed pursuant to section 7 of this act and shall include, but not be limited to:

(a) An assessment of real or potential problems caused by improper handling or disposal of hazardous household substances;

(b) Uniform disposal recommendations for households developed by the county health departments in cooperation with other local agencies, poison centers, citizens, and private companies;

(d) A collection, transport, and disposal service for hazardous household substances, to be provided at least once every year. This service shall ensure that hazardous household substances are disposed in a permitted hazardous waste facility.

(2) All programs shall be submitted to the department of ecology for review and approval by July 1, 1988.

(3) Funding for the program shall be provided from the hazardous household substances account.

NEW SECTION. Sec. 9. The department of revenue and the department of ecology may adopt rules necessary to implement their respective responsibilities under this chapter.

NEW SECTION. Sec. 10. (1) There is transferred from the general fund to the hazardous household substances account the sum of two hundred thousand dollars. These moneys shall be repaid to the general fund from the hazardous household substances account as tax receipts placed into the hazardous household substances account accrue.

(2) There is appropriated for the biennium ending June 30, 1987, from the hazardous household substances account to the department of revenue the sum of twenty-five thousand dollars, or so much thereof as may be necessary, for the purposes of this act.

(3) There is appropriated for the biennium ending June 30, 1987, from the hazardous household substances account to the department of ecology the sum of one hundred seventy-five thousand dollars, or so much thereof as may be necessary, for the purposes of this act.

NEW SECTION. Sec. 11. Sections 1 through 9 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 12. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985.