AN ACT Relating to the control of dangerous wastes that had household uses; adding a new chapter to Title 82 RCW; creating a new section; prescribing penalties; 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. The legislature finds that dangerous wastes are polluting groundwater 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 household wastes, especially dangerous wastes used by households.

The purposes of this chapter are to provide moneys necessary to fund the creation of sites for the collection of dangerous 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 dangerous 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 wastes" means any discarded, useless, unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

(a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.

(2) "Extremely hazardous waste" means any dangerous waste which:

(a) Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form:

(i) Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife; and

(ii) Is highly toxic to man or wildlife; and

(b) If disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment.

(3) "Dangerous household substances" means any substances offered for sale for household uses which, if discarded or unwanted, would have all of the characteristics of dangerous waste, regardless of the quantity in which they are disposed.

(4) "Extremely hazardous household substances" means those dangerous household substances offered for sale for household uses which, if discarded or unwanted, would constitute extremely hazardous wastes, regardless of the quantity in which they are disposed.

(5) "Household uses" means uses by individuals who are not engaged in industrial activities or commercial agricultural activities.

(6) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the state of Washington, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise and the United States or any instrumentality thereof.

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

(8) "Sale" means any transfer of the ownership of, title to, or possession of property for a valuable consideration and includes any activity classified as a "sale at retail" or "retail sale" under RCW 82.04.050. It includes renting or leasing, conditional sale contracts, leases with option to purchase, and any contract under which possession of the property is given to the purchaser but title is retained by the vendor as security for the payment of the purchase price.

(9) "Stamp" means the stamp or stamps or meter impressions by use of which the taxes under this chapter are paid.

(10) "Wholesale price" means the price of the dangerous household substances imposed by a wholesaler on sales to a retailer.

(11) "Wholesaler" means every person who purchases, sells, or distributes one or more dangerous household substances to retailers for the purpose of resale only.

NEW SECTION. Sec. 3. There is levied and there shall be collected an excise tax on the sale, use, consumption, handling, possession, or distribution of dangerous household substances, other than extremely dangerous household substances, in an amount of one percent of the wholesale price of these dangerous household substances. There is levied and there shall be collected an excise tax on the sale, use, consumption, handling, possession, or distribution of extremely hazardous household substances in an amount of three percent of the wholesale price of the extremely hazardous household substances. The department of ecology shall prepare a list of dangerous household substances and extremely hazardous household substances. The department of revenue shall design and have printed stamps to be affixed on the smallest container or package that will be handled, sold, used, consumed, or distributed, to permit the department of revenue to readily ascertain by inspection whether or not the tax has been paid and to warn consumers of the need to properly dispose of dangerous household substances. Stamps for extremely hazardous household substances shall be distinguishable from stamps for dangerous household substances. Every person shall cause a stamp to be affixed on every such package or container before the person sells, offers for sale, uses, consumes, handles, removes, or otherwise disturbs and distributes the same. The department of revenue may authorize the use of meter stamping devices for imprinting stamps on such packages or containers, which shall be in lieu of the stamps.

NEW SECTION. Sec. 4. Every wholesaler in this state shall cause the stamps to be affixed on packages and containers as required by this chapter. Every retailer shall after receipt of a dangerous household substance cause such stamps to be affixed to the package or container of the dangerous household substance.

NEW SECTION. Sec. 5. (1) It is unlawful for any person to:

(a) Sell dangerous household substances without a stamp being first affixed;

(b) Use any stamps more than once; or

(c) Refuse to allow the department of revenue or any duly authorized agent thereof, on demand, to make full inspection of any place of business where any of the articles taxed under this chapter are sold, or otherwise hinder or prevent such inspection.

(2) Violation of this section is a gross misdemeanor.

NEW SECTION. Sec. 6. There is hereby created an account within the general fund to be known as the "dangerous household substances account." All moneys collected from the excise tax imposed under this chapter shall be deposited in the dangerous household substances account and used for the administration and implementation of this chapter. Moneys in the dangerous 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. 7. Moneys in the dangerous 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 dangerous household substances; and (3) funding for local jurisdictions to collect, transport, and dispose of dangerous household substances. This funding shall be administered by the department of ecology.

NEW SECTION. Sec. 8. The department of revenue and the department of ecology may adopt rules necessary to implement their respective responsibilities under this chapter.

NEW SECTION. Sec. 9. (1) There is transferred from the general fund to the dangerous household substances account the sum of two hundred thousand dollars. These moneys shall be repaid to the general fund from the dangerous household substances account as tax receipts placed into the dangerous household substances account accrue.

(2) There is appropriated for the biennium ending June 30, 1987, from the dangerous 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 dangerous 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. 10. Sections 1 through 8 of this act shall constitute a new chapter in Title 82 RCW.

NEW SECTION. Sec. 11. 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.