AN ACT Relating to public health and safety; adding a new chapter to Title 70 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature recognizes: (1) The rapid population growth of the state of Washington and the ever increasing mobility of its people, as well as the fundamental need for a healthful, clean and beautiful environment; (2) the proliferation and accumulation of used, discarded tires throughout this state impairs this need and constitutes a public health hazard; (3) the need to conserve energy and natural resources; and (4) that there is an imperative need to anticipate, plan for, and accomplish effective storage, control, recovery and recycling of used automobile and truck tires with the subsequent conservation of resources and energy. To meet these concerns, there is hereby enacted this "used automobile and truck tire storage and recycling act."

NEW SECTION. Sec. 2. The purpose of this chapter is to encourage storage, proper disposal, and recycling of used automobile and truck tires and to stimulate private recycling programs throughout the state.

NEW SECTION. Sec. 3. As used in this chapter unless the context indicates otherwise:

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

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

(3) "Automobile or truck tires" means all vehicle tires discarded when they have exhausted their usable life.

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

(5) "Recycling" means the process of separating, cleansing, treating, and reconstituting used or discarded automobile and truck tires for the purpose of recovering and reusing the resources contained therein.

(6) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

NEW SECTION. Sec. 4. In addition to any other powers and duties, the director shall have the power to propose and to adopt rules pursuant to chapter 34.04 RCW which may be necessary to carry out the provisions, purposes, and intent of this chapter.

NEW SECTION. Sec. 5. The director shall designate trained employees of the department to be vested with police powers to enforce and administer the provisions of this chapter, and all rules adopted thereunder. The director shall also have authority to contract with other state and local governmental agencies having law enforcement capabilities for services and personnel which may be necessary to carry out the enforcement provisions of this chapter. In addition, state patrol officers, wildlife agents, fire wardens, deputy fire patrol wardens and forest rangers, sheriffs and marshals and their deputies, police officers, and those employees of the department of ecology and the parks and recreation commission vested with police powers shall enforce the provisions of this chapter, and all rules adopted thereunder. Such officers are hereby empowered to issue citations to, and/or arrest without warrant, any persons violating any provision of this chapter or any of the rules and regulations adopted thereunder. All of the foregoing enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing the provisions of this chapter, and any rules adopted thereunder. In addition, mailing by registered mail of such warrant, citation, or other process to the last known place of residence shall be deemed as personal service upon the person charged.

NEW SECTION. Sec. 6. No person shall drop, deposit, discard, or otherwise dispose of automobile or truck tires upon any public property in the state, or upon private property in this state not owned by that person, or in the waters of this state whether from a vehicle or otherwise, including, but not limited to, any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

(1) When such property is designated by the state, or by any of its agencies or political subdivisions, for the disposal of automobile and truck tires, and such person is authorized to use such property for such purposes; or

(2) In a used automobile or truck tire receptacle.

Any person violating the provisions of this section shall be guilty of a misdemeanor, and the fine for such violation shall not be less than fifty dollars for each offense.

NEW SECTION. Sec. 7. There is hereby levied, and there shall be collected by the department of revenue from every person engaging within this state in business as a manufacturer, or making wholesale or retail sales, an annual assessment equal to the value of products manufactured and sold within this state, including by-products, multiplied by one and one-half hundredths of one percent. In the case of sales at wholesale or retail, the assessment shall be equal to the gross proceeds of the sales of the business within this state multiplied by one and one-half hundredths of one percent.

NEW SECTION. Sec. 8. There is hereby created an account within the general fund to be known as the automobile and truck tire recycling account. All assessments, fines, bail forfeitures, and other funds collected or received pursuant to this chapter shall be deposited in the automobile and truck tire recycling account and used for the administration and implementation of this chapter, except as required to be otherwise distributed under RCW 70.93.070.

NEW SECTION. Sec. 9. The purpose of the account shall be:

(1) To provide for funding to state and local governments for the removal of used automobile and truck tires from unauthorized tire dump sites;

(2) To provide moneys for the research and development of alternatives for tire disposal and recycling; and

(3) To accomplish the other purposes of this chapter.

NEW SECTION. Sec. 10. In addition to the provisions of this chapter, the department of ecology shall:

(1) Serve as the coordinating agency between the various industry organizations seeking to aid the automobile and truck tire recycling efforts;

(2) Cooperate with all local governments to accomplish coordination of local automobile and truck tire recycling efforts;

(3) Investigate the availability of, and apply for funds available from any private or public source to be used in the program outlined in this chapter;

(4) Develop state-wide programs to increase public awareness of and participation in automobile and truck tire recycling, and to stimulate and encourage local private tire recycling centers, public participation in tire recycling, and research and development in the field of tire recycling and disposal of automobile and truck tires.

NEW SECTION. Sec. 11. To aid in the state-wide tire recycling campaign, the state legislature strongly encourages various industry organizations which are active in resource recycling efforts to provide active cooperation with the department of ecology so that additional technology can be developed for the tire recycling campaign of the state of Washington.

NEW SECTION. Sec. 12. Every person convicted of a violation of this chapter for which no penalty is specially provided for shall be punished by a fine of not more than fifty dollars for each such violation.

NEW SECTION. Sec. 13. Sections 1 through 12 of this act shall constitute a new chapter in Title 70 RCW.