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                                  ENGROSSED SUBSTITUTE HOUSE BILL NO. 486

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State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Valle, Allen and Rust)

Read first time 3/8/85 and passed to Committee on Rules.

AN ACT Relating to solid waste management; and adding a new section to chapter 70.95 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 70.95 RCW to read as follows:

          (1) Beginning January 1, 1986, each operator of a publicly or privately owned solid waste management facility shall assess a user fee on each user of the facility.

          (a) If the facility is used for processing solid waste without materials or energy recovery, the user fee shall equal fifteen cents per cubic yard of solid waste disposed.  Where weight is the basis of disposal charges, the user fee shall equal sixty cents per ton.

          (b) If a facility is used for processing solid waste with materials or energy recovery, the user fee shall equal five cents per cubic yard.  Where weight is the basis of disposal charges, the user fee shall equal twenty cents per ton.

          (c) Where a facility is operated for the sole purpose of materials recovery, a user fee shall not be charged.

          (d) Each operator shall remit fees collected under this section on a quarterly basis to the department, less one cent per cubic yard or four cents per ton of the fee collected to defray administrative costs.

          (2) Moneys received by the department under this section shall be deposited in the state treasury to the credit of the solid waste management fund, which is hereby created.  This fund shall be used only to finance implementation of this chapter and for no other purposes.  Revenue collected under this section shall, at all times, be kept as a separate account and shall not be drawn upon or be available for any other purposes.  Any funds remaining at the end of the fiscal year shall be carried forward to the following fiscal year.

          (3) The fund shall be administered by the department to provide grants to local governments as authorized in this section.  The state treasurer shall direct the investment of the fund.  The interest, earnings, and capital of the fund shall be used annually, only for the following purposes:

          (a) Financial assistance to jurisdictional health  and planning departments as established by RCW 70.95.220, 70.95.230, and 36.70.040;

          (b) To fund solid waste management programs, waste reduction and recycling programs, public information and education, comprehensive solid waste planning, and closure and post-closure activities for solid waste facilities, including monitoring of landfills; and

          (c) Six percent of the capital of the fund may be used by the department for administration of grants authorized by this section.

          (4) Operators of solid waste management facilities are exempt from the requirement to assess the user fee specified in subsection (1) of this section if:

          (a) The facility is regulated by chapter 70.105 RCW and subject to fees pursuant to chapter 70.105A RCW;

          (b) The facility is regulated pursuant to pollution discharge elimination system pursuant to RCW 90.48.260; or

          (c) The facility is subject to a perpetual surveillance and maintenance fee pursuant to RCW 43.200.080; or

          (d) The wastes which the facility processes are wood wastes burned in a hog fuel boiler.