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                                          ENGROSSED SENATE BILL NO. 6720

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                                                            AS AMENDED BY THE HOUSE

                                                                            C 250 L 88

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Metcalf and Madsen

Read first time 2/2/88 and referred to Committee on Environment & Natural Resources.

AN ACT Relating to the disposal of waste tires; amending RCW 70.95.530; adding new sections to chapter 70.95 RCW; creating a new section; and prescribing penalties.

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

        Sec. 1.  Section 7, chapter 345, Laws of 1985 and RCW 70.95.530 are each amended to read as follows:

          Moneys in the account may be appropriated to the department of ecology:

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

          (2) To accomplish the other purposes of RCW 70.95.020(5); and

(3) To fund the study authorized in section 2 of this 1988 act.

In spending funds in the account under this section, the department of ecology shall identify communities with the most severe problems with waste tires and provide funds first to those communities to remove accumulations of waste tires.

NEW SECTION. Sec. 2.     (1) The waste tire advisory committee is established consisting of representatives of cities, counties, tire dealers, tire processors, the department of ecology, the department of community development, the department of transportation, and interested citizens to study and develop a report on methods to address the waste tire problem in Washington state.  The governor shall appoint members to the advisory committee.  The persons appointed to the committee shall elect a chairperson and shall meet at the call of the chairperson.  Members of the committee shall not receive compensation but shall be reimbursed for travel expenses as provided under RCW 43.03.050 and 43.03.060.

          (2) The department shall provide staff support for the committee.

          (3) The committee's report shall include recommendations on the following:

          (a) The adequacy of current waste tire programs and recommendations for changes;

          (b) The  geographical distribution and number of existing tire dumps and collection sites;

          (c) Financial responsibility requirements needed to cover tire collectors and processors;

          (d) The optimum number and location of collection sites to facilitate the processing of waste tires;

          (e) Alternative methods, including the costs, of collecting waste tires that are in small tire dumps and from persons or businesses that generate waste tires;

          (f) The options for recycling waste tires including the current uses of recycled waste tires and the feasibility of developing future uses;

          (g) Methods to establish reliable sources of waste tires for users of waste tires;

          (h) The types of facilities in this state that can use waste tires as a fuel source, the cost of equipment needed to modify existing types of facilities, the cost of test burns, the feasibility of operating each type of facility using waste tires as a fuel source, and the locations of those facilities; and

          (i) The establishment of a state-wide waste tire collection system.

          (2) The report shall be submitted to the appropriate standing committees of the legislature by December 1, 1988.

          (3) This section shall expire January 1, 1989.

NEW SECTION. Sec. 3.     Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 4 through 6 of this act.

          (1) "Storage" or "storing" means the placing of more than eight hundred waste tires in a manner that does not constitute final disposal of the waste tires.

          (2) "Transportation" or "transporting" means picking up or transporting waste tires for the purpose of storage or final disposal.

          (3) "Waste tires" means tires that are no longer suitable for their original intended purpose because of wear, damage, or defect.

NEW SECTION. Sec. 4.     Any person engaged in the business of transporting or storing waste tires shall be licensed by the department.  To obtain a license, each applicant must:

          (1) Provide assurances that the applicant is in compliance with this chapter and the rules regarding waste tire storage and transportation; and

          (2) Post a bond in the sum of ten thousand dollars in favor of the state of Washington.  In lieu of the bond, the applicant may submit financial assurances acceptable to the department.

NEW SECTION. Sec. 5.     Any person who transports or stores waste tires without a license in violation of section 4 of this act shall be guilty of a gross misdemeanor and upon conviction shall be punished under RCW 9A.20.020(2).

NEW SECTION. Sec. 6.     No business may enter into a contract for:

          (1) Transportation of waste tires with an unlicensed waste tire transporter; or

          (2) Waste tire storage with an unlicensed owner or operator of a waste tire storage site.

NEW SECTION. Sec. 7.     Sections 3 through 6 of this act are each added to chapter 70.95 RCW.

                                                                                                                           Passed the Senate March 8, 1988.

                                                                                                                                       President of the Senate.

                                                                                                                           Passed the House March 6, 1988.

                                                                                                                                         Speaker of the House.