AN ACT Relating to solid waste; amending RCW 70.95.030, 70.95.100, 81.77.010, 81.77.020, 36.58.040, 35.21.120, 70.95.280, 70.95.090, 81.77.030, 70.95C.020, 35.23.352, 39.30.040, 43.19.1911, 43.99F.040, 43.160.010, and 43.160.060; amending section 15, chapter 528, Laws of 1987 as amended by section 6, chapter 184, Laws of 1988 (uncodified); reenacting and amending RCW 36.32.250; adding new sections to chapter 70.95 RCW; adding a new section to chapter 70.95C RCW; adding a new section to chapter 43.160 RCW; adding new sections to chapter 43.21A RCW; adding new sections to chapter 81.77 RCW; adding a new chapter to Title 70 RCW; adding a new chapter to Title 81 RCW; adding a new chapter to Title 82 RCW; creating new sections; repealing RCW 70.95.010; prescribing penalties; and making appropriations.

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) The legislature finds that in order to provide with certainty that current and future generations can enjoy the wealth of opportunity and beauty that is ours, it is essential that decisive action be taken now to conserve energy and renewable and nonrenewable resources to the fullest extent possible, and that our reliance upon combustion technologies be reduced. Consistent with these goals, it is imperative that the by-products of our way of life be handled in ways to ensure to the greatest extent possible that we cause no further degradation of our environment, and that we recapture to the fullest extent practical the resource and energy value of these by-products.

It is the paramount task of each individual to take personal responsibility for the consequences of his or her consumption and commerce and to actively participate in the resolution of this challenge. It is the responsibility of state and local government to provide every individual with practical and convenient opportunity to participate in the resolution. It is the responsibility of state government, with the assistance of the people, to provide resources and technical assistance to local government to permit this to be accomplished as quickly as practical. Solid waste collection systems must be established by local governments that result in: (a) The maintenance of the highest value for reuse of the components of the waste stream; (b) the most cost-effective diversion of each segment; (c) the least negative environmental consequence; and (d) the development of strategies for waste materials that are difficult to manage without creating adverse environmental impacts to accomplish the designed-for objective. These collection and handling strategies must have as the ultimate goal, to source separate all discarded material by all residential and commercial activity, and to process all of the waste stream not subject to source separation collection before discarded material is disposed of in facilities that are designed and operated primarily for waste disposal.

Local governments shall, to the extent possible, manage their wastes by incorporating the following waste management strategies: Waste reduction, source and mixed waste separation, and integrated waste management.

(2) Waste reduction is potentially an extremely effective tool because it can significantly reduce the amount of waste generated and thereby avoid expensive collection, processing, and disposal costs. A strategic approach must be developed and implemented which accomplishes this objective, and is adequately funded at the state and local level to accomplish this goal.

(3) Source separated materials have a higher economic value than nonsource separated materials, are easier to manage in an environmentally sensitive manner, and promote waste reduction because of citizen awareness. Local government should provide all its citizens to the extent practical with convenient source separated collection opportunity for the entire waste stream. This approach should be employed as long as the cost of collection and processing is not disproportionate to the cost of collection and safe disposal.

(4) Once separated, an integrated system of waste management practices should be used in order to extract the highest economic benefit from the discarded materials with the least environmental impact. The following priorities in the management of source separated materials should be followed in order of descending priority as applicable:

(a) Recycling and composting;

(b) Incineration of safely combustible source separated materials; and

(c) Incineration or landfilling of those appropriate waste components remaining after separation and processing have been employed to the fullest extent practical.

It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery and recycling programs.

(5) Local governments should continue to be delegated primary responsibility to develop and include programs for solid waste handling in their local solid waste management plan, consistent with the priorities and policies of chapter 70.95 RCW.

(6) State solid waste management policies should provide local governments with flexibility to accommodate population densities, distances to recycling markets, and collection and disposal costs in each community while ensuring the economic and environmental effectiveness of their plans and programs.

(7) There is a need to study, plan, and implement an efficient and cost effective state-wide system for the effective storage, control, recovery, recycling, or disposal of discarded "problem wastes."

Sec. 2. Section 3, chapter 134, Laws of 1969 ex. sess. as last amended by section 3, chapter 345, Laws of 1985 and RCW 70.95.030 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise:

(1) "City" means every incorporated city and town.

(2) "Committee" means the solid waste advisory committee.

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

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

(5) "Disposal site" means the location where any final treatment, utilization, processing, or depository of solid waste occurs.

(6) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

(7) "Jurisdictional health department" means city, county, city-county, or district public health department.

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

(9) "Solid waste" means (a) garbage and refuse, and (b) recyclables. "Garbage" and "refuse" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. "Recyclables" means those residential and nonresidential materials that can be diverted from that portion of the waste stream containing garbage and refuse and used for purposes other than landfill disposal or incineration.

(10) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof.

(11) "Source separation" means the separation of different kinds of solid waste at the place where the waste is created, so that each kind of waste subsequently can be more conveniently, environmentally sound, and economically handled and disposed of by recycling, reuse, treatment, landfilling, incineration, or any other purpose for which it was separated.

(12) "Waste reduction" means reducing the amount or type of waste generated.

((~~(12) "Waste~~)) (13) "Recycling" means ((~~reusing waste materials and extracting valuable materials from a waste stream~~)) transforming waste materials into usable and marketable materials by methods including, but not limited to, the collection of source separated materials and the collection and processing of mixed waste materials for use other than landfill disposal or mixed waste incineration.

((~~(13)~~)) (14) "Energy recovery or incineration" means reducing the volume of wastes by use of an enclosed device using controlled flame combustion.

((~~(14)~~)) (15) "Landfill" means a disposal facility or part of a facility at which waste is placed in or on land and which is not a land treatment facility.

((~~(15)~~)) (16) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

Sec. 3. Section 10, chapter 134, Laws of 1969 ex. sess. as amended by section 6, chapter 123, Laws of 1984 and RCW 70.95.100 are each amended to read as follows:

Local governments are hereby directed to establish and implement programs designed to achieve the maximum feasible source separation of solid waste. There shall be included within the local comprehensive solid waste management plan a waste reduction and recycling plan that identifies the levels of service that shall be provided to each community. The department shall provide to counties and cities technical assistance in the preparation, review, and revision of solid waste management plans required by this chapter. Each comprehensive county solid waste management plan shall be submitted to the department for technical review and approval by January 2, 1991. The department shall approve the plan if it meets the standards defined in section 4 of this act. If the department does not disapprove of any plan within sixty days of the date of its submittal to the department, the plan shall be deemed approved. The department shall approve each plan unless it makes a declaration of disapproval. Within sixty days of making such declaration, the department must make specific findings supporting a disapproval, and must state specific actions that will result in approval. The department may recommend additional revisions ((~~essential~~)) it considers to be appropriate to the achievement of effective solid waste management and the purposes of this chapter.

NEW SECTION. Sec. 4. A new section is added to chapter 70.95 RCW to read as follows:

(1) Levels of service shall be defined in the waste reduction and recycling plan within the local solid waste comprehensive plan and shall be consistent with the services defined in subsections (2) and (3) of this section. In determining which service level to provide for residential and commercial waste generators in each community, local governments shall classify areas with respect to total population within a contiguous area and population density, as provided in subsection (4) of this section. The department shall provide local governments information relevant to such factors.

(2) For the purposes of this chapter "primary level recycling services" means the most convenient services for recovery of source separated recyclable materials from residential and nonresidential waste generators. These services shall include at a minimum:

(a) Household collection of household recyclables from all residential dwellings containing four or fewer units. Collection services shall be as convenient to the generator as is economically practical and should be as convenient as disposing of mixed solid waste. Convenience of a collection service shall be measured by the department by considering the frequency of collection, the provision of household containers, the ease of separation of materials from waste, and other factors as determined by the department. An equivalent alternative to household collection may be provided if the community can demonstrate to the department by examination of similar programs elsewhere or by pilot programs that the same or greater public participation rates and recovery rates of household recyclables can be achieved. The performance of such alternatives shall be monitored for at least two years and the alternative shall be redesigned if it fails to achieve anticipated recovery rates.

(b) Yard waste shall be collected from all residential dwellings, after such time as the department finds that composted yard waste has adequate markets or disposal capacity within or near the service area to consume the majority of the material collected. Collection services shall be provided during the chief yard waste generation season, and shall be as convenient to the generator as is economically feasible. The waste reduction and recycling plan, in defining the yard waste collection services, shall consider the following collection modes in the order presented and shall demonstrate that the mode selected is the first one found to be economically feasible:

(i) Household collection on a weekly basis, provided at no service charge;

(ii) Household collection on a less frequent basis, provided at no service charge;

(iii) On-call household collection, provided at no service charge;

(iv) Conveniently located drop-off sites, open during convenient hours, provided at no service charge;

(v) Well publicized community drop-off events, organized at several times during the year;

(vi) Another collection method that can be demonstrated by the local government to remove the majority of yard debris from the residential waste stream.

(c) Commercial collection programs for source separated paper and glass containers, and methods for collecting and processing waste from generators whose waste contains at least thirty percent recyclable materials. Such programs shall recover at least sixty percent of the paper materials and thirty percent of the glass container materials from the commercial portion of the waste stream.

(d) After implementation of source separated residential and commercial programs, mixed waste processing programs should be incorporated if significant amounts of recyclable materials still remain in the material designated for landfill or mixed waste incineration provided that the mixed waste processing approach is:

(i) Cost-effective; and

(ii) Demonstrated to be an effective technology by the department.

(e) After July 1, 1995, no yard waste shall be landfilled or incinerated.

(f) Recycling promotion and education programs that promote the concept of and reasons for recycling and notify residents and businesses of all recycling opportunities available, providing specific information about preparation of materials, location of facilities, schedules of service, and how to contact firms providing recycling services. Promotional methods shall use both mass media and direct contacts with individuals.

(3) For the purposes of this chapter "secondary level recycling services" means the most convenient services that can be provided for recovery of source separated materials when or where markets or demographic factors make primary level services not economically feasible. The following modifications of primary level services may be made in the waste reduction and recycling plan:

(a) The list of materials collected at the household may include only materials that can be collected on a waste collection vehicle, with appropriate modifications, including not less than newspaper and aluminum cans. Alternatively, if dedicated recycling collection routes are established, the frequency of collection may be monthly, or collection may be provided only to subscribing households.

(b) To compensate for reduced recovery of household recyclables due to less convenient collection programs, drop-off or buy-back centers will be located within five miles of each residence in an urbanized area, and at convenient locations in suburban and rural areas.

(c) Segregated collection containers will be provided at all transfer stations and landfills that have public or private usage.

(d) Drop-off sites for yard waste at each waste disposal site or at a location at least as convenient.

(e) Commercial recycling services shall be targeted to service only concentrations of generators including ten or more businesses within one square mile, and shall not be required to meet the recovery performance levels specified in subsection (2)(c) of this section.

(4) For the purposes of this chapter "threshold level recycling services" means a basic level of recycling services that will be provided under the most difficult conditions for providing convenient services. These services will include at least the following:

(a) Drop-off or buy-back centers, or both, located at each waste disposal site and at conveniently located public areas. These centers shall accept all household recyclable materials.

(b) Drop-off sites for yard waste at each waste disposal site or at a location at least as convenient.

(c) Commercial recycling services shall be targeted to service only concentrations of generators including ten or more businesses within one square mile, and shall not be required to meet the recovery performance levels specified in subsection (2)(c) of this section.

(d) Recycling promotion and education programs that promote the concept and reasons for recycling and notify residents and businesses of all recycling opportunities available, providing specific information about preparation of materials, location of facilities, schedules of service, and how to contact firms providing recycling services. Promotional methods shall use both mass media and direct contacts with individuals.

(5) The waste reduction and recycling plan shall assign the highest level of recycling service to the classes of areas defined as follows:

(a) Class one areas are the urbanized areas within the counties of Whatcom, Skagit, Snohomish, King, Pierce, Thurston, Mason, Kitsap, Island, and San Juan.

(b) Class two areas are urbanized areas in other counties located west of the Cascade Mountains.

(d) Class four areas are nonurbanized areas in Washington.

(6) An "urbanized area" means any city having a population of at least seventeen thousand five hundred, or an area of the state identified as an urban area by the United States bureau of the census and meeting the following criteria: An urbanized area comprises an incorporated place and adjacent densely settled surrounding area that together have a minimum population of fifty thousand. The densely settled surrounding area consists of:

(a) Contiguous incorporated or census designated places having:

(i) A population of two thousand five hundred or more; or

(ii) A population of fewer than two thousand five hundred but having a population density of one thousand persons per square mile, a closely settled area containing a minimum of fifty percent of the population, or a cluster of at least one hundred housing units;

(b) Contiguous unincorporated area which is connected by road and has a population of at least one thousand persons per square mile;

(c) Other contiguous unincorporated area with a density of less than one thousand persons per square mile, provided that it:

(i) Eliminates an enclave of less than five square miles which is surrounded by built up area.

(ii) Closes an indentation in the boundary of the densely populated area that is no more than one mile across the open end and encompasses no more than five square miles.

(iii) Links an outlying area of the qualifying density, provided that the outlying area is: Connected by road to, and is not more than one and one-half miles from the main body of the urbanized area; and separated from the main body of the urbanized area by water or other undevelopable area, is connected by road to the main body of the urbanized area, and is not more than five miles from the main body of the urbanized area; or

(d) Large concentrations of nonresidential urban area (such as industrial parks, office areas, and major airports), which have at least one-quarter of their boundary contiguous to an urbanized area.

(7) Nonurbanized areas are all areas in Washington not classified as an urbanized area.

(8) Upon adoption of this chapter all class one areas shall provide primary level services, class two and class three areas shall provide secondary level services, and class four areas shall provide threshold level services.

(9) The department shall annually review the economic and technical feasibility of increasing the level of service in each class of area and report findings to the legislature.

(10) For the purposes of this chapter, "household recyclables" means at a minimum, newspaper, glass containers, tin-plated steel food and beverage cans, and aluminum food and beverage containers. In addition, mixed waste paper shall be a household recyclable in the region west of the Cascade Mountains, unless the department finds that markets for this material as either waste paper or as a fuel are not adequate to consume the majority of the material collected in that region. The department may add additional materials as markets are determined to be adequate to consume the majority of the material collected. The department shall annually report to the legislature on the status of existing and potential markets for plastic beverage bottles, mixed plastics, and other appropriate materials, and shall find whether they should be designated a household recyclable.

NEW SECTION. Sec. 5. The definitions set forth in this section apply throughout this chapter.

(1) "Common carrier" means a person who undertakes to transport property for the general public by motor vehicle for compensation, whether over regular or irregular routes, or regular or irregular schedules, including motor vehicle operations of other carriers by rail or water.

(2) "Contract carrier" includes all motor vehicle operators not included under the terms "common carrier" and "private carrier," and further includes any person who under special and individual contracts or agreements transports property by motor vehicle for compensation.

(3) A "private carrier" is a person who transports by his or her own motor vehicle, with or without compensation, property that is owned or is being bought or sold by that person, or property of which the person is the seller, purchaser, lessee, or bailee where the transportation is incidental to and in furtherance of some other primary business conducted by the person in good faith.

(4) "Motor vehicle" means a truck, trailer, semitrailer, tractor, dump truck that uses a hydraulic or mechanical device to dump or discharge its load, or any self-propelled or motor-driven vehicle used upon a public highway of this state for the purpose of transporting property, but not including baggage, mail, and express transported on the vehicles of auto transportation companies carrying passengers.

(5) "Recyclable material" means those residential and nonresidential materials that can be diverted from that portion of the waste stream containing garbage and refuse for a use other than landfill disposal or incineration.

NEW SECTION. Sec. 6. A common or contract carrier that hauls recyclable materials may do so only under a permit granted by the commission. The commission shall grant a permit to any applicant that demonstrates it is fit, willing, and able to provide service and that meets all safety and insurance requirements established by the commission. The commission may charge applicants and permit holders a fee to cover the cost of regulation. All holders of a certificate under chapter 81.77 RCW on the effective date of this act are granted a permit under this chapter.

Sec. 7. Section 2, chapter 295, Laws of 1961 and RCW 81.77.010 are each amended to read as follows:

As used in this chapter:

(1) "Motor vehicle" means any truck, trailer, semitrailer, tractor or any self-propelled or motor driven vehicle used upon any public highway of this state for the purpose of transporting garbage and refuse, for the collection and/or disposal thereof;

(2) "Public highway" means every street, road, or highway in this state;

(3) "Common carrier" means any person who undertakes to transport garbage and refuse, for the collection and/or disposal thereof, by motor vehicle for compensation, whether over regular or irregular routes, or regular or irregular schedules;

(4) "Contract carrier" means all garbage and refuse transporters not included under the terms "common carrier" and "private carrier," as herein defined, and further, shall include any person who under special and individual contracts or agreements transports garbage and refuse by motor vehicle for compensation;

(5) "Private carrier" means a person who, in his own vehicle, transports garbage or refuse purely as an incidental adjunct to some other established private business owned or operated by him in good faith;

(6) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any garbage or refuse is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rail or tracks;

(7) "Garbage and refuse collection company" means every person or his lessees, receivers, or trustees, owning, controlling, operating or managing vehicles used in the business of transporting garbage and refuse for collection and/or disposal for compensation, except septic tank pumpers, over any public highway in this state whether as a "common carrier" thereof or as a "contract carrier" thereof;

(8) "Recyclable material" means those residential and nonresidential materials that can be diverted from that portion of the waste stream containing garbage and refuse for a use other than landfill disposal or incineration.

NEW SECTION. Sec. 8. A new section is added to chapter 81.77 RCW to read as follows:

For purposes of this chapter, "garbage and refuse" includes "recyclable materials" unless such materials are transported by a common or contract carrier under the supervision of a county under RCW 36.58.040.

Sec. 9. Section 3, chapter 295, Laws of 1961 and RCW 81.77.020 are each amended to read as follows:

No person, his lessees, receivers, or trustees, shall engage in the business of operating as a garbage and refuse collection company in this state, except in accordance with the provisions of this chapter((~~: PROVIDED, That~~)). The provisions of this chapter shall not apply to the operations of any garbage and refuse collection company under a contract of garbage or refuse disposal with any city or town, nor to any city or town which itself undertakes the disposal of garbage or refuse. This chapter does not apply to a common or contract carrier transporting recyclable materials under the supervision of a county under RCW 36.58.040.

NEW SECTION. Sec. 10. A new section is added to chapter 81.77 RCW to read as follows:

The garbage and refuse collection company is responsible for providing consolidated billing for the collection of garbage and refuse and recyclable material. The commission may adopt rules as necessary.

NEW SECTION. Sec. 11. A new section is added to chapter 81.77 RCW to read as follows:

For rate-making purposes, a fee, charge, or tax on the disposal of waste into a landfill shall be considered a normal operating expense of the garbage and refuse collection company.

Sec. 12. Section 2, chapter 58, Laws of 1975-'76 2nd ex. sess. as amended by section 20, chapter 282, Laws of 1986 and RCW 36.58.040 are each amended to read as follows:

The legislative authority of each county may by ordinance provide for the establishment of a system of solid waste disposal for all the unincorporated areas of the county or for portions thereof. Each county may designate disposal sites for all solid waste collected in the unincorporated areas pursuant to the provisions of a comprehensive solid waste plan adopted pursuant to chapter 70.95 RCW: PROVIDED, That for any solid waste collected by a private hauler operating pursuant to a certificate granted by the Washington utilities and transportation commission under the provisions of chapter 81.77 RCW and which certificate is for collection in a geographic area lying in more than one county, such designation of disposal sites shall be pursuant to an interlocal agreement between the involved counties.

Such systems may also provide for the processing and conversion of solid wastes into other valuable or useful products with full jurisdiction and authority to construct, lease, purchase, acquire, manage, regulate, maintain, operate, and control such system and plants, and to enter into agreements with public or private parties providing for the construction, purchase, acquisition, lease, maintenance, and operation of systems and plants for the processing and conversion of solid wastes and for the sale of said products. Contracts shall be for facilities that are in substantial compliance with the solid waste management plans prepared pursuant to chapter 70.95 RCW.

The legislative authority of a county may award contracts for solid waste handling, and such contracts may provide that a county pay a minimum periodic fee in consideration of the operational availability of a solid waste handling system or plant, without regard to the ownership of the system or plant or the amount of solid waste actually handled during all or any part of the contractual period. There shall be included in the contract specific allocation of financial responsibility in cases where the amount of solid waste handled during the contract period falls below the minimum level provided in the contract.

The legislative authority of a county may by ordinance award contracts to a municipal entity or to a person holding a permit under section 6 of this act to collect recyclable materials within unincorporated areas. The legislative authority has full authority to manage, regulate, and fix the price of the recyclable material collection service. The contracts may provide that a county pay minimum periodic fees to a municipal entity or permit holder.

Nothing in this section shall be construed to authorize the operation of a solid waste collection system by counties.

Sec. 13. Section 35.21.120, chapter 7, Laws of 1965 as amended by section 18, chapter 282, Laws of 1986 and RCW 35.21.120 are each amended to read as follows:

Every city or town may by ordinance provide for the establishment of a system of ((~~garbage~~)) solid waste collection and disposal for the entire city or town or for portions thereof, and award contracts for ((~~garbage~~)) solid waste collection and disposal or provide for it under the direction of officials and employees of the city or town. Contracts for solid waste handling may provide that a city or town pay a minimum periodic fee in consideration of the operational availability of a solid waste handling system or plant, without regard to the ownership of the system or plant or the amount of solid waste actually handled during all or any part of the contract period. There shall be included in the contract specific allocation of financial responsibility in cases where the amount of solid waste handled during the contract period falls below the minimum level provided in the contract.

NEW SECTION. Sec. 14. A new section is added to chapter 70.95 RCW to read as follows:

The legislative authority of any city or county may impose, upon a garbage and refuse collection company operating within the jurisdictional boundaries of the city or county, a fee for such operational expenses as may be incurred under the requirements in RCW 70.95.100. Such fee shall be considered a legitimate operating expense of the garbage and collection company for rate-making purposes.

NEW SECTION. Sec. 15. A new section is added to chapter 70.95 RCW to read as follows:

Any jurisdictional health department and the department of ecology may enter into an agreement providing for the exercise by the department of ecology of any power that is specified in the contract and that is granted to the jurisdictional health department under this chapter.

NEW SECTION. Sec. 16. A new section is added to chapter 70.95 RCW to read as follows:

A study shall be conducted of enforcement of solid waste management laws and regulations as a component of a state solid waste management plan. This study shall include, but shall not be limited to:

(1) A review of current state and local solid waste rules, requirements and policies, and resources devoted to state and local solid waste enforcement and the effectiveness of these programs in promoting environmental health and public safety;

(2) An examination of federal regulations and the latest proposed amendments to RCRA Subtitle D of the code of federal regulations;

(3) A review of regulatory approaches used by other states;

(4) A review and evaluation of education and technical assistance programs related to enforcement;

(5) An inventory of regulatory compliance for all processing and disposal facilities handling mixed solid waste;

(6) The role and effectiveness of other enforcement jurisdictions.

The study shall make specific findings on the need for redefining roles and responsibilities at all levels in order to best establish public confidence and public protection.

The study shall also include but not be limited to separating the technical assistance and policy aspects from the enforcement functions within the department.

Sec. 17. Section 1, chapter 184, Laws of 1988 and RCW 70.95.280 are each amended to read as follows:

The department of ecology shall determine the best management practices for categories of solid waste in accordance with the priority solid waste management methods established in RCW 70.95.010. In order to make this determination, the department shall conduct a comprehensive solid waste stream analysis and evaluation. Following establishment of baseline data resulting from an initial in-depth analysis of the waste steam, the department shall develop a less intensive method of monitoring significant changes in the disposed waste stream including but not limited to changes in the amount of waste generated and waste type. The department will conduct detailed monitoring of initial curbside and other waste segregation and disposal technologies in order to determine to the degree possible the effectiveness of these programs and their applicability to other locations and their implications regarding rules.

Sec. 18. Section 9, chapter 134, Laws of 1969 ex. sess. as last amended by section 5, chapter 123, Laws of 1984 and RCW 70.95.090 are each amended to read as follows:

Each county and city comprehensive solid waste management plan shall include the following:

(1) A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.

(2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.

(3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:

(a) Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;

(b) Take into account the comprehensive land use plan of each jurisdiction;

(d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.

(4) A program for surveillance and control.

(5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:

(a) Any franchise for solid waste collection granted by the utilities and transportation commission in the respective jurisdictions including the name of the holder of the franchise and the address of his place of business and the area covered by his operation;

(b) Any city solid waste operation within the county and the boundaries of such operation;

(c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;

(d) The projected solid waste collection needs for the respective jurisdictions for the next six years.

(6) A review of potential areas that meet the criteria as outlined in RCW 70.95.165.

(7) An assessment of the impact of the plan's recommendations on the costs of garbage and refuse collection. The assessment shall be prepared in conformance with guidelines established by the utilities and transportation commission. The commission shall advise the submitting entity and the department of the probable effect of the cost estimates on rates charged by garbage and refuse collection companies regulated under chapter 81.77 RCW.

Sec. 19. Section 4, chapter 295, Laws of 1961 as last amended by section 1, chapter 239, Laws of 1987 and RCW 81.77.030 are each amended to read as follows:

The commission shall supervise and regulate every garbage and refuse collection company in this state,

(1) By fixing and altering its rates, charges, classifications, rules and regulations;

(2) By regulating the accounts, service, and safety of operations;

(3) By requiring the filing of annual and other reports and data;

(4) By supervising and regulating such persons or companies in all other matters affecting the relationship between them and the public which they serve;

(5) By reviewing compliance with local solid waste management plans through letters of compliance submitted by the county legislative authority. The compliance letters shall become part of the record in any rate, compliance, or any hearing held by the commission on the issuance, revocation, or reissuance of a certificate as provided for in RCW 81.77.070;

(6) By designing rate structures that encourage recycling and source separation of waste over mixed waste disposal, consistent with the solid waste management priorities in RCW 70.95.010 and the minimum levels of solid waste collection and recycling services adopted under RCW 70.95.100.

The commission, on complaint made on its own motion or by an aggrieved party, at any time, after the holding of a hearing of which the holder of any certificate has had notice and an opportunity to be heard, and at which it shall be proven that the holder has willfully violated or refused to observe any of the commission's orders, rules, or regulations, or has failed to operate as a garbage and refuse collection company for a period of at least one year preceding the filing of the complaint, may suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter.

NEW SECTION. Sec. 20. A new section is added to chapter 70.95 RCW to read as follows:

The department shall provide the utilities and transportation commission with each local comprehensive solid waste management plan. Within ninety days after receiving a plan, the commission shall have reviewed the plan's estimate of the impact on the rates of garbage and refuse collection companies regulated under chapter 81.77 RCW and shall have advised the department as to whether the plan protects the public from unnecessary rate increases.

NEW SECTION. Sec. 21. A new section is added to chapter 70.95 RCW to read as follows:

(1) No person may knowingly dispose of a vehicle battery except by delivery to: A person or entity selling lead acid batteries, a person or entity authorized by the department to accept the battery, or to a secondary lead smelter.

(2) No owner or operator of a solid waste disposal site shall knowingly accept for disposal used vehicle batteries except when authorized to do so by the department or by the federal government.

(3) Any person who violates this section shall be subject to a fine of up to one thousand dollars. Each battery will constitute a separate violation. Nothing in this section and sections 22 through 26 of this act shall supersede the provisions under chapter 70.105 RCW.

(4) For purposes of this section and sections 22 through 26 of this act, "vehicle battery" means batteries capable for use in any vehicle, having a core consisting of elemental lead, and a capacity of six or more volts.

NEW SECTION. Sec. 22. A new section is added to chapter 70.95 RCW to read as follows:

The department shall establish a procedure to identify, on an annual basis, those persons accepting used vehicle batteries from retail establishments.

NEW SECTION. Sec. 23. A new section is added to chapter 70.95 RCW to read as follows:

A person selling vehicle batteries at retail in the state shall:

(1) Accept, at the time of purchase of a replacement battery, in the place where the new batteries are physically transferred to the purchasers, and in a quantity at least equal to the number of new batteries purchased, used vehicle batteries from the purchasers, if offered by the purchasers. When a purchaser fails to provide an equivalent used battery or batteries, the purchaser may reclaim the core charge paid under section 24 of this act by returning, to the point of purchase within thirty days, a used battery or batteries and a receipt showing proof of purchase from the establishment where the replacement battery or batteries was purchased; and

(2) Post written notice which must be at least eight and one-half inches by eleven inches in size and must contain the universal recycling symbol and the following language:

(a) "It is illegal to put a motor vehicle battery or other vehicle battery in your garbage."

(b) "State law requires us to accept used motor vehicle batteries or other vehicle batteries for recycling, in exchange for new batteries purchased."

(c) "When you buy a battery, state law also requires us to include a core charge of five dollars if you do not return your old battery for exchange."

NEW SECTION. Sec. 24. A new section is added to chapter 70.95 RCW to read as follows:

Each retail sale of a vehicle battery shall include, in the price of the battery for sale, a core charge of not less than five dollars. When a purchaser offers the seller a used battery of equivalent size, the seller shall omit the core charge from the price of the battery.

NEW SECTION. Sec. 25. A new section is added to chapter 70.95 RCW to read as follows:

(1) A person selling vehicle batteries at wholesale to a retail establishment in this state shall accept, at the time and place of transfer, used vehicle batteries in a quantity at least equal to the number of new batteries purchased, if offered by the purchaser.

(2) When a battery wholesaler, or agent of the wholesaler, fails to accept used vehicle batteries as provided in this section, a retailer may file a complaint with the department and the department shall investigate any such complaint.

(3) When the market price of lead falls below the cost of transporting the lead to a secondary lead smelter, a battery wholesaler or manufacturer may file a notice with the department. The department, as it deems appropriate, may temporarily suspend the requirements under section 23 of this act. However, whenever the department acts to suspend these requirements, wholesalers and manufacturers will be responsible for accepting all batteries collected at retail establishments up to the time of suspension.

NEW SECTION. Sec. 26. A new section is added to chapter 70.95 RCW to read as follows:

The department shall produce, print, and distribute the notices required by section 23 of this act to all places where vehicle batteries are offered for sale at retail and in performing its duties under this section the department may inspect any place, building, or premise governed by section 23 of this act. Authorized employees of the agency may issue warnings and citations to persons who fail to comply with the requirements of sections 21 through 27 of this act. Failure to conform to the notice requirements of section 23 of this act shall subject the violator to a fine imposed by the department not to exceed one thousand dollars. Each day that a violator does not comply with these requirements shall constitute a separate offense.

NEW SECTION. Sec. 27. A new section is added to chapter 70.95 RCW to read as follows:

The department shall adopt rules providing for the implementation and enforcement of sections 21 through 26 of this act.

Sec. 28. Section 2, chapter 177, Laws of 1988 and RCW 70.95C.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

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

(2) "Director" means the director of the department of ecology or the director's designee.

(3) "Office" means the office of waste reduction.

(4) "Process" means all industrial, commercial, production, and other processes that result in the generation of waste.

(5) "Product packaging" means any materials used to contain, wrap, segregate, or protect products produced and distributed for sale, including materials used for the retail display of products and materials used for the transportation or shipping of products in bulk or quantity to manufacturers, packers, processors, and wholesale or retail distributors.

(6) "Waste" means any solid waste as defined under RCW 70.95.030, any hazardous waste as defined under RCW 70.105.010(15), any hazardous substance as defined under RCW 70.105.010(14), any air contaminant as defined under RCW 70.94.030, and any organic or inorganic matter that shall cause or tend to cause water pollution as defined under RCW 90.48.020.

((~~(6)~~)) (7) "Waste generator" means any individual, business, government agency, or any other organization that generates waste.

((~~(7)~~)) (8) "Waste reduction" means all in-plant practices that reduce, avoid, or eliminate the amount or toxicity of waste generated.

NEW SECTION. Sec. 29. A new section is added to chapter 70.95C RCW to read as follows:

The office shall establish a product packaging task force. The purpose of the task force shall be to investigate and evaluate methods to:

(1) Reduce the volume or weight, or both, of product packaging entering the waste stream;

(2) Reduce the toxicity of product packaging entering the waste stream;

(3) Reduce the reliance on single use, disposable packaging;

(4) Increase product packaging recycling; and

(5) Increase public awareness of the contribution of packaging to the solid waste problem.

In fulfilling the purpose of this section, the task force shall consider all applicable federal and state packaging standards and requirements. The task force shall coordinate with regional or national groups, or both, engaged in evaluating packaging issues. Any standards recommended by this task force must consider available packaging materials, packaging weight or volume, or both, and educational package labeling.

The task force shall involve representatives from the department of trade and economic development, the department of ecology, the public, environmental associations, and industry, including but not limited to: Product and packaging manufacturers, refuse collection, and recycling businesses.

The task force shall submit a report and recommendations to the legislature by January 2, 1990. The task force may recommend potential economic incentives sufficient to accomplish the purposes specified in this section to the legislature.

The task force shall consider the use of voluntary or mandatory packaging standards including packaging volume and weight standards, packaging material standards, labeling standards, and bans.

The task force shall recommend financial incentives and disincentives sufficient to accomplish the tasks outlined in this section.

NEW SECTION. Sec. 30. A new section is added to chapter 70.95 RCW to read as follows:

An education advisory committee is created within the department to accomplish optimal coordination between and among state and local government in the development and dissemination of promotional and educational materials encouraging waste reduction and recycling within the state.

Committee members shall include representatives of the superintendent of public instruction, the product packaging task force, the media, advertising agencies, association of Washington cities, Washington association of counties, publishers, and others deemed necessary by the department.

NEW SECTION. Sec. 31. A new section is added to chapter 70.95 RCW to read as follows:

The legislature finds and declares that the buildings and facilities owned and leased by state government produce significant amounts of solid and hazardous wastes, and actions must be taken to reduce and recycle these wastes and thus reduce the costs associated with their disposal. In order for the operations of state government to provide the citizens of the state an example of positive waste management, the legislature further finds and declares that state government should undertake an aggressive program designed to reduce and recycle solid and hazardous wastes produced in the operations of state buildings and facilities to the maximum extent possible.

The office of waste reduction and recycling, in cooperation with the department of general administration, shall establish a waste reduction and recycling program to promote the reduction of waste produced by state agencies and to promote the source separation and recovery of recyclable and reusable materials. The office of waste reduction and recycling shall determine the economic feasibility and proper procedures for separation, collection, and recycling of agency waste materials and develop recommendations under this program to identify and reduce the waste generated by state agencies. Such a program shall include marketing arrangements and appropriate procedures to ensure the recovery of waste for which the avoided costs of collection, transportation, and disposal of source separated material are equal to or greater than the cost of collection, transportation, and sale of the recovered material less the amount received from the sale of the material.

All state agencies will fully cooperate with the office of waste reduction and recycling in all phases of implementing the provisions of this section. Each state agency shall undertake a walk-through waste audit of all their facilities, and develop and implement a source separation and collection program for recyclable materials produced as a result of their agency's operations. Each agency shall also establish and implement a waste reduction program for materials, both hazardous and nonhazardous, used in the course of normal agency operations. The implementation plans shall be submitted to the office of waste reduction and recycling no later than July 1, 1990, for approval. The submitted plans shall contain the waste reduction and recycling measures planned for implementation during the ensuing biennium.

Upon approval of each agency plan by the office of waste reduction and recycling, the director of the department of general administration shall implement the waste reduction and recycling plan.

The office of waste reduction and recycling shall also develop, in consultation with the superintendent of public instruction, a program to achieve waste reduction and recycling in common schools. The office of waste reduction and recycling shall develop guidelines for program development and implementation. The superintendent of public instruction shall distribute guidelines and other materials developed by the office of waste reduction and recycling to implement programs to reduce and recycle waste generated in administrative offices, classrooms, laboratories, cafeterias, and maintenance operations. The program shall address both the hazardous and nonhazardous waste streams.

Sec. 32. Section 2, chapter 120, Laws of 1987 as amended by section 3, chapter 168, Laws of 1988 and RCW 35.23.352 are each amended to read as follows:

(1) Any second or third class city or any town may construct any public works, as defined in RCW 39.04.010, by contract or day labor without calling for bids therefor whenever the estimated cost of the work or improvement, including cost of materials, supplies and equipment will not exceed the sum of thirty thousand dollars if more than one craft or trade is involved with the public works, or twenty thousand dollars if a single craft or trade is involved with the public works or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project.

Whenever the cost of the public work or improvement, including materials, supplies and equipment, will exceed these figures, the same shall be done by contract. All such contracts shall be let at public bidding upon posting notice calling for sealed bids upon the work. The notice thereof shall be posted in a public place in the city or town and by publication in the official newspaper, or a newspaper of general circulation most likely to bring responsive bids, once each week for two consecutive weeks before the date fixed for opening the bids. The notice shall generally state the nature of the work to be done that plans and specifications therefor shall then be on file in the city or town hall for public inspections, and require that bids be sealed and filed with the council or commission within the time specified therein. Each bid shall be accompanied by a bid proposal deposit in the form of a cashier's check, postal money order, or surety bond to the council or commission for a sum of not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such bid proposal deposit. The council or commission of the city or town shall let the contract to the lowest responsible bidder or shall have power by resolution to reject any or all bids and to make further calls for bids in the same manner as the original call.

When the contract is let then all bid proposal deposits shall be returned to the bidders except that of the successful bidder which shall be retained until a contract is entered into and a bond to perform the work furnished, with surety satisfactory to the council or commission, in the full amount of the contract price. If the bidder fails to enter into the contract in accordance with his bid and furnish a bond within ten days from the date at which he is notified that he is the successful bidder, the check or postal money order and the amount thereof shall be forfeited to the council or commission or the council or commission shall recover the amount of the surety bond.

If no bid is received on the first call the council or commission may readvertise and make a second call, or may enter into a contract without any further call or may purchase the supplies, material or equipment and perform the work or improvement by day labor.

(2) The allocation of public works projects to be performed by city or town employees shall not be subject to a collective bargaining agreement.

(3) In lieu of the procedures of subsection (1) of this section, a second or third class city or a town may use a small works roster and award contracts under this subsection for contracts of one hundred thousand dollars or less.

(a) The city or town may maintain a small works roster comprised of all contractors who have requested to be on the roster and are, where required by law, properly licensed or registered to perform such work in this state.

(b) Whenever work is done by contract, the estimated cost of which is one hundred thousand dollars or less, and the city uses the small works roster, the city or town shall invite proposals from all appropriate contractors on the small works roster: PROVIDED, That whenever possible, the city or town shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section. The invitation shall include an estimate of the scope and nature of the work to be performed, and materials and equipment to be furnished.

(c) When awarding such a contract for work, the estimated cost of which is one hundred thousand dollars or less, the city or town shall award the contract to the contractor submitting the lowest responsible bid.

(4) After September 1, 1987, each second class city, third class city, and town shall use the form required by RCW 43.09.205 to account and record costs of public works in excess of five thousand dollars that are not let by contract.

(5) The cost of a separate public works project shall be the costs of the materials, equipment, supplies, and labor on that construction project.

(6) Any purchase of supplies, material, equipment or services other than professional services, except for public work or improvement, where the cost thereof exceeds seven thousand five hundred dollars shall be made upon call for bids: PROVIDED, That the limitations herein shall not apply to any purchases of materials at auctions conducted by the government of the United States, any agency thereof or by the state of Washington or a political subdivision thereof.

(7) Bids shall be called annually and at a time and in the manner prescribed by ordinance for the publication in a newspaper published or of general circulation in the city or town of all notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder.

(8) For advertisement and competitive bidding to be dispensed with as to purchases between seven thousand five hundred and fifteen thousand dollars, the city legislative authority must authorize by resolution a procedure for securing telephone and/or written quotations from enough vendors to assure establishment of a competitive price and for awarding the contracts for purchase of materials, equipment, or services to the lowest responsible bidder. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry.

(9) These requirements for purchasing may be waived by resolution of the city or town council which declared that the purchase is clearly and legitimately limited to a single source or supply within the near vicinity, or the materials, supplies, equipment, or services are subject to special market conditions, and recites why this situation exists. Such actions are subject to RCW 39.30.020.

(10) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

(11) Nothing in this section shall prohibit any unit of local government from allowing for preferential purchase of products made from recycled materials or products that may be recycled or recovered.

Sec. 33. Section 36.32.250, chapter 4, Laws of 1963 as last amended by section 9, chapter 169, Laws of 1985 and by section 1, chapter 369, Laws of 1985 and RCW 36.32.250 are each reenacted and amended to read as follows:

No contract, lease, or purchase may be entered into by the county legislative authority or by any elected or appointed officer of such county until after bids have been submitted to the county upon specifications therefor. Such specifications shall be in writing and shall be filed with the clerk of the county legislative authority for public inspection, and an advertisement thereof stating the time and place where bids will be opened, the time after which bids will not be received, the character of the work to be done, or material, equipment, or service to be purchased, and that specifications therefor may be seen at the office of the clerk of the county legislative authority, shall be published in the county official newspaper: PROVIDED, That advertisements for public works contracts for construction, alteration, repair, or improvement of public facilities shall be additionally published in a legal newspaper of general circulation in or as near as possible to that part of the county in which such work is to be done: AND PROVIDED FURTHER, That if the county official newspaper is a newspaper of general circulation covering at least forty percent of the residences in that part of the county in which such public works are to be done publication of an advertisement of the applicable specifications in the county official newspaper only shall be sufficient. Such advertisements shall be published at least once in each week for two consecutive weeks prior to the last date upon which bids will be received and as many additional publications as shall be determined by the county legislative authority. The bids shall be in writing, shall be filed with the clerk, shall be opened and read in public at the time and place named therefor in said advertisements, and after being opened, shall be filed for public inspection. No bid may be considered for public work unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent of the amount of the bid proposed. The contract for the public work, lease, or purchase shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles or equipment to be purchased or leased. Any or all bids may be rejected for good cause. The county legislative authority shall require from the successful bidder for such public work a contractor's bond in the amount and with the conditions imposed by law. If the bidder to whom the contract is awarded fails to enter into the contract and furnish the contractor's bond as required within ten days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the county and the contract awarded to the next lowest and best bidder. The bid deposit of all unsuccessful bidders shall be returned after the contract is awarded and the required contractor's bond given by the successful bidder is accepted by the county legislative authority. In the letting of any contract, lease, or purchase involving less than three thousand five hundred dollars, advertisement and competitive bidding may be dispensed with on order of the county legislative authority. Notice of intention to let contracts or to enter into lease agreements involving amounts exceeding one thousand dollars but less than three thousand five hundred dollars, shall be posted by the county legislative authority on a bulletin board in its office not less than three days prior to making such lease or contract. For advertisement and competitive bidding to be dispensed with as to purchases between one thousand and three thousand five hundred dollars, the county legislative authority must authorize by resolution a county procedure for securing telephone or written quotations, or both, from enough vendors to assure establishment of a competitive price and for awarding such contracts for purchase of materials, equipment, or services to the lowest responsible bidder. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. Wherever possible, supplies shall be purchased in quantities for a period of at least three months, and not to exceed one year. Supplies generally used throughout the various departments shall be standardized insofar as possible, and may be purchased and stored for general use by all of the various departments which shall be charged for the supplies when withdrawn from the purchasing department.

This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

Nothing in this section shall prohibit any unit of local government from allowing for preferential purchase of products made from recycled materials or products that may be recycled or recovered.

Sec. 34. Section 1, chapter 72, Laws of 1985 and RCW 39.30.040 are each amended to read as follows:

(1) Whenever a unit of local government is required to make purchases from the lowest bidder or from the supplier offering the lowest price for the items desired to be purchased, the unit of local government may, at its option when awarding a purchase contract, take into consideration tax revenue it would receive from purchasing the supplies, materials, or equipment from a supplier located within its boundaries. The unit of local government must award the purchase contract to the lowest bidder after such tax revenue has been considered. However, any local government may allow for preferential purchase of products made from recycled materials or products that may be recycled or recovered. The tax revenues which units of local government may consider include sales taxes that the unit of local government imposes upon the sale of such supplies, materials, or equipment from the supplier to the unit of local government, and business and occupation taxes that the unit of local government imposes upon the supplier that are measured by the gross receipts of the supplier from such sale. Any unit of local government which considers tax revenues it would receive from the imposition of taxes upon a supplier located within its boundaries, shall also consider tax revenues it would receive from taxes it imposes upon a supplier located outside its boundaries.

(2) As used in this section, the term "unit of local government" means any county, city, town, metropolitan municipal corporation, public transit benefit area, county transportation authority, or other municipal or quasi-municipal corporation authorized to impose sales and use taxes or business and occupation taxes.

Sec. 35. Section 43.19.1911, chapter 8, Laws of 1965 as last amended by section 4, chapter 183, Laws of 1983 and RCW 43.19.1911 are each amended to read as follows:

When purchases are made through competitive bidding, the contract shall be let to the lowest responsible bidder, subject to any preferences provided by law to Washington products and vendors and to RCW 43.19.704, taking into consideration the quality of the articles proposed to be supplied, their conformity with specifications, the purposes for which required, and the times of delivery: PROVIDED, That whenever there is reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the division of purchasing may call for new bids or enter into direct negotiations to achieve the best possible price. Each bid with the name of the bidder shall be entered of record and each record, with the successful bid indicated, shall, after letting of the contract, be open to public inspection. In determining "lowest responsible bidder", in addition to price, the following elements shall be given consideration:

(1) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;

(2) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(3) Whether the bidder can perform the contract within the time specified;

(4) The quality of performance of previous contracts or services;

(5) The previous and existing compliance by the bidder with laws relating to the contract or services;

(6) Such other information as may be secured having a bearing on the decision to award the contract: PROVIDED, That in considering bids for purchase, manufacture, or lease, and in determining the "lowest responsible bidder," whenever there is reason to believe that applying the "life cycle costing" technique to bid evaluation would result in lowest total cost to the state, first consideration shall be given by state purchasing activities to the bid with the lowest life cycle cost which complies with specifications. "Life cycle cost" means the total cost of an item to the state over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life. The "estimated useful life" of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner. Nothing in this section shall prohibit any unit of local government from allowing for preferential purchase of products made from recycled materials or products that may be recycled or recovered.

Sec. 36. Section 4, chapter 159, Laws of 1980 as amended by section 3, chapter 436, Laws of 1987 and RCW 43.99F.040 are each amended to read as follows:

The proceeds from the sale of the bonds deposited in the state and local improvements revolving account, Waste Disposal Facilities, 1980 of the general fund under the terms of this chapter shall be administered by the state department of ecology subject to legislative appropriation. The department may use or permit the use of any funds derived from the sale of bonds authorized under this chapter to accomplish the purpose for which the bonds are issued by direct expenditures and by grants or loans to public bodies, including grants to public bodies as cost-sharing funds in any case where federal, local, or other funds are made available on a cost-sharing basis for improvements within the purposes of this chapter. The department shall ensure that funds derived from the sale of bonds authorized under this chapter do not constitute more than seventy-five percent of the total cost of any waste disposal or management facility. Not more than two percent of the proceeds of the bond issue may be used by the department of ecology in relation to the administration of the expenditures, grants, and loans.

At least one hundred fifty million dollars of the proceeds of the bonds authorized by this chapter shall be used exclusively for waste management systems capable of producing renewable energy or energy savings as a result of the management of the wastes. "Renewable energy" means, but is not limited to, the production of steam, hot water for steam heat, electricity, cogeneration, gas, or fuel through the use of wastes by incineration, refuse-derived fuel processes, pyrolysis, hydrolysis, or bioconversion, and energy savings through material recovery from waste source separation and/or recycling.

Four million dollars of the proceeds of the bond issue shall be deposited in the market development fund created in section 41 of this act to be used for encouraging private capitalization of industrial facilities for processing recyclable materials.

The department of ecology shall present a progress report of actual projects committed by the department to the senate committee on ways and means and the house of representatives committee on appropriations no later than November 30th of each year.

Integration of the management and operation of systems for solid waste disposal with systems of liquid waste disposal holds promise of improved waste disposal efficiency and greater environmental protection and restoration. To encourage the planning for and development of such integration, the department may provide for special grant incentives to public bodies which plan for or operate integrated waste disposal management systems.

Funds provided for waste disposal and management facilities under this chapter may be used for payments to a service provider under a service agreement pursuant to RCW 70.150.060. If funds are to be used for such payments, the department may make periodic disbursements to a public body or may make a single lump sum disbursement. Disbursements of funds with respect to a facility owned or operated by a service provider shall be equivalent in value to disbursements that would otherwise be made if that facility were owned or operated by a public body. Payments under this chapter for waste disposal and management facilities made to public bodies entering into service agreements pursuant to RCW 70.150.060 shall not exceed amounts paid to public bodies not entering into service agreements.

Sec. 37. Section 1, chapter 40, Laws of 1982 1st ex. sess. as last amended by section 1, chapter 422, Laws of 1987 and RCW 43.160.010 are each amended to read as follows:

(1) The legislature finds that it is the public policy of the state of Washington to direct financial resources toward the fostering of economic development through the stimulation of investment and job opportunities and the retention of sustainable existing employment for the general welfare of the inhabitants of the state. Reducing unemployment and reducing the time citizens remain jobless is important for the economic welfare of the state. A valuable means of fostering economic development is the construction of public facilities which contribute to the stability and growth of the state's economic base. Strengthening the economic base through issuance of industrial development bonds, whether single or umbrella, further serves to reduce unemployment. Consolidating issues of industrial development bonds when feasible to reduce costs additionally advances the state's purpose to improve economic vitality. Expenditures made for these purposes as authorized in this chapter are declared to be in the public interest, and constitute a proper use of public funds. A community economic revitalization board is needed which shall aid the development of economic opportunities. The general objectives of the board should include:

(a) Strengthening the economies of areas of the state which have experienced or are expected to experience chronically high unemployment rates or below average growth in their economies;

(b) Encouraging the diversification of the economies of the state and regions within the state in order to provide greater seasonal and cyclical stability of income and employment;

(d) Encouraging new economic development or expansions to maximize employment;

(e) Encouraging the retention of viable existing firms and employment; and

(f) Providing incentives for expansion of employment opportunities for groups of state residents that have been less successful relative to other groups in efforts to gain permanent employment.

(2) The legislature also finds that the state's economic development efforts can be enhanced by, in certain instances, providing funds to improve state highways in the vicinity of new industries considering locating in this state or existing industries that are considering significant expansion.

(a) The legislature finds it desirable to provide a process whereby the need for diverse public works improvements necessitated by planned economic development can be addressed in a timely fashion and with coordination among all responsible governmental entities.

(b) It is the intent of the legislature to create an economic development account within the motor vehicle fund from which expenditures can be made by the department of transportation for state highway improvements necessitated by planned economic development. All such improvements must first be approved by the state transportation commission and the community economic revitalization board in accordance with the procedures established by RCW 43.160.074 and 47.01.280. It is further the intent of the legislature that such improvements not jeopardize any other planned highway construction projects. The improvements are intended to be of limited size and cost, and to include such items as additional turn lanes, signalization, illumination, and safety improvements.

(3) The legislature also finds that the state's economic development efforts can be enhanced by, in certain instances, providing funds to improve markets for recyclable materials which represent a large fraction of the waste stream.

It is the intent of the legislature to create a market development fund in section 41 of this act from which expenditures can be made by the department of ecology for market development projects that assist in capitalizing facilities that process recyclable materials. All such projects must first be approved by the department of ecology and the community economic revitalization board in accordance with the procedures established by sections 39 and 40 of this act. It is further the intent of the legislature that such projects not jeopardize any other planned market development projects.

Sec. 38. Section 6, chapter 40, Laws of 1982 1st ex. sess. as last amended by section 5, chapter 422, Laws of 1987 and RCW 43.160.060 are each amended to read as follows:

The board is authorized to make direct loans to political subdivisions of the state for the purposes of assisting the political subdivisions in financing the cost of public facilities, including development of land and improvements for public facilities, as well as the acquisition, construction, rehabilitation, alteration, expansion, or improvement of the facilities. A grant may also be authorized for purposes designated in this chapter, but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political subdivision.

Application for funds shall be made in the form and manner as the board may prescribe. In making grants or loans the board shall conform to the following requirements:

(1) The board shall not make a grant or loan:

(a) For a project the primary purpose of which is to facilitate or promote a retail shopping development or expansion.

(b) For any project that probably would result in a development or expansion that would displace existing jobs in any other community in the state.

(2) The board shall only make grants or loans:

(a) For those projects which would result in specific private developments or expansions (i) in manufacturing, production, food processing, assembly, warehousing, ((~~and~~)) industrial distribution, and processing recyclable materials, or (ii) which substantially support the trading of goods or services outside of the state's borders.

(b) For projects which it finds will improve the opportunities for the successful maintenance, establishment, or expansion of industrial or commercial plants or will otherwise assist in the creation or retention of long-term economic opportunities.

(c) When the application includes convincing evidence that a specific private development or expansion is ready to occur and will occur only if the grant or loan is made.

(3) The board shall prioritize each proposed project according to the number of jobs it would create after the project is completed and according to the unemployment rate in the area in which the jobs would be located. As long as there is more demand for loans or grants than there are funds available for loans or grants, the board is instructed to fund projects in order of their priority.

(4) A responsible official of the political subdivision shall be present during board deliberations and provide information that the board requests.

Before any loan or grant application is approved, the political subdivision seeking the loan or grant must demonstrate to the community economic revitalization board that no other timely source of funding is available to it at costs reasonably similar to financing available from the community economic revitalization board.

NEW SECTION. Sec. 39. A new section is added to chapter 43.160 RCW to read as follows:

(1) An application to the board from a political subdivision may also include a request for assistance in capitalizing facilities to process recyclable materials. The application is subject to all of the applicable criteria relative to qualifying types of development set forth in this chapter, as well as procedures and criteria established by the board.

(2) Before board consideration of an application from a political subdivision that includes a request for assistance in capitalizing facilities to process recyclable materials, the application shall be forwarded by the board to the department of ecology.

(3) The board may not make its final determination on any application made under subsection (1) of this section before receiving approval, as submitted or amended, or disapproval from the transportation commission as specified in section 40 of this act. Notwithstanding its disposition of the remainder of any such application, the board may not approve a request for assistance in capitalizing facilities to process recyclable materials without the approval, as submitted or amended, of the department of ecology as specified in section 40 of this act.

(4) The board shall notify the department of ecology of its decision regarding any application made under this section.

NEW SECTION. Sec. 40. A new section is added to chapter 43.21A RCW to read as follows:

(1) Upon receiving an application for assistance in capitalizing facilities to process recyclable materials pursuant to section 39 of this act from the community economic revitalization board, the department shall, in a timely manner, determine whether or not the proposed assistance in capitalizing facilities to process recyclable materials:

(a) Has a significant impact on the residential and commercial waste stream;

(b) Results in a product that has a ready market;

(d) Results in a product that would otherwise be purchased out-of-state.

(2) Upon completion of its determination of the factors contained in subsection (1) of this section and any other factors it deems pertinent, the department shall forward its approval, as submitted or amended, or disapproval of the proposed improvements to the board, along with any recommendation it may wish to make concerning the desirability and feasibility of the proposed market development. If the department disapproves any proposed market development, it shall specify its reasons for disapproval.

NEW SECTION. Sec. 41. A new section is added to chapter 43.21A RCW to read as follows:

The market development fund is created in the custody of the state treasurer. Moneys provided in RCW 43.99F.040 shall be deposited into the fund. Expenditures from the fund may be used only for market development projects encouraging private capitalization for industrial facilities to process recyclable materials. Expenditures from the fund may be made only upon the authorization of the director of the department of ecology or the director's designee under the procedures established in chapter 43.160 RCW, RCW 43.99F.040, and section 40 of this act.

NEW SECTION. Sec. 42. A new section is added to chapter 70.95 RCW to read as follows:

(1) Referendum 39 funds shall be appropriated to encourage capitalization of processing facilities for: A de-inking facility, mixed waste paper, plastics, yard waste, and problem wastes processing.

(2) In order to establish feasibility of food and yard waste composing, the department in cooperation with the business assistance center shall make three block grants of five hundred thousand dollars each to assist in the development of food-yard waste composting facilities, to determine the essential parameters for efficacy, to determine whether each is feasible as a cost-effective approach for handling of these commodities, to establish the safety and measure the value of these commodities, and to identify current and potential markets for the same: PROVIDED, That at least one grant shall be made for a yard-food- sludge co-composting facility: PROVIDED FURTHER, That grants shall be made only for demonstration projects in jurisdictions in which source separation collection of yard waste or some equivalent strategy guarantees sufficient volumes of waste to support the activities of proposed facility.

(3) A report on the efficacy of various systems shall be made to the legislature on or before December 31, 1991.

(4) The department shall assist local governments in establishing model waste diversion programs of commercial and household source separation demonstration projects to determine the essential variables required to accomplish maximum feasible participation and waste stream diversion resulting from curbside collection strategies. This shall include pilot mandatory participation projects.

(5) A report on the efficacy of various strategies shall be made to the legislature annually.

(6) In order to find or create markets for mixed paper fuels in Washington state and to establish the safety and efficacy of combustion of certain plastics, the energy office in cooperation with the business assistance center and the department shall conduct a study including but not limited to the following:

(a) Characterize the chemical and physical properties of the fuel to aid in the design of materials handling equipment, combustors, and pollution control devices;

(b) Determine the quantity of mixed paper waste that would be available for the fuel market, who would be the likely suppliers, and where they would be located;

(c) Determine emission standards that may be required by the department or local pollution control agencies. Determine what quantity of fuel would trigger different standards in different parts of the state;

(d) Three site specific studies at facilities that are interested in investigating the use of mixed paper fuels, including areas that should be examined for any of the following changes that may be required:

(i) Receiving, storage, and handling of fuel;

(ii) Transport and injection into combustor;

(iii) Control systems;

(iv) Environmental controls or monitoring;

(v) Ash handling or disposal;

(e) The capital costs and operating and maintenance costs associated with the needs identified in (d) of this subsection should be quantified; and

(f) Determine the value of the fuel to the potential user.

(7) The office of waste reduction and recycling shall explore, with the private sector, the feasibility of returning unused paint to the manufacturer, and shall report to the legislature by December 31, 1989, on this issue.

(8) The office of waste reduction and recycling shall conduct a study of the current use of and potential capacity for use of recycled feed stock in the Washington state pulp and paper industry. A report shall be made to the legislature on this issue not later than December 31, 1989.

NEW SECTION. Sec. 43. Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.

(1) "Board" means the board of advisors for solid waste incinerator and landfill operator certification established by section 47 of this act.

(2) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.

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

(4) "Director" means the director of ecology.

(5) "Incinerator" means a facility which has the primary purpose of burning or which is designed with the primary purpose of burning solid waste or solid waste derived fuel.

(6) "Landfill" means a landfill as defined under RCW 70.95.030.

(7) "Owner" means, in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chairman of the county legislative authority or the chairman's designee; in the case of a board of public utilities, association, municipality, or other public body, the president or chairman of the body or the president's or chairman's designee; in the case of a privately owned landfill or incinerator, the legal owner.

(8) "Solid waste" means solid waste as defined under RCW 70.95.030.

NEW SECTION. Sec. 44. (1) By January 1, 1992, the owner or operator of a solid waste incineration facility shall employ a certified operator. At a minimum, the individual on-site at a solid waste incineration facility who is designated by the owner as the operator in responsible charge of the operation and maintenance of the facility on a routine basis shall be certified by the department.

(2) If a solid waste incinerator is operated on more than one daily shift, the operator in charge of each shift shall be certified.

(3) Operators not required to be certified are encouraged to become certified on a voluntary basis.

(4) The department shall adopt and enforce such rules as may be necessary for the administration of this section.

NEW SECTION. Sec. 45. (1) By January 1, 1992, the owner or operator of a landfill shall employ a certified landfill operator.

(2) The department shall adopt rules classifying all landfills with regard to the size, type, and other conditions affecting the complexity of a landfill and the skill, knowledge, and experience required of an operator to operate the landfill to protect human health and the environment.

(3) The rules shall require that the owner or operator of complex landfills employ a certified landfill operator who is on-site at all times the landfill is operating. At a minimum the rules shall require that owners or operators of landfills are required to employ a certified landfill operator who is on call at all times the landfill is operating.

NEW SECTION. Sec. 46. (1) The department shall establish a process to certify incinerator and landfill operators. To the greatest extent possible, the department shall rely on the certification standards and procedures developed by national organizations and the federal government.

(2) Operators shall be certified if they:

(a) Attend the required training sessions;

(b) Successfully complete required examinations; and

(3) By January 1, 1991, the department shall adopt rules to require incinerator and appropriate landfill operators to:

(a) Attend a training session concerning the operation of the relevant type of landfill or incinerator;

(b) Demonstrate sufficient skill and competency for proper operation of the incinerator or landfill by successfully completing an examination prepared by the department; and

(4) The department shall provide for the collection of fees for the issuance and renewal of certificates. These fees shall be sufficient to recover the costs of the certification program.

(5) The department shall establish an appeals process for the denial or revocation of a certificate.

(6) The department shall establish a process to automatically certify operators who have received comparable certification from another state, the federal government, a local government, or a professional association.

NEW SECTION. Sec. 47. (1) A board of advisors for solid waste incinerator and landfill operator certification shall be established. Collectively, the board shall be a subcommittee of the solid waste advisory committee created under RCW 70.95.040 and shall be comprised of five members appointed by the director. The members shall be knowledgeable about solid waste handling technologies including but not limited to combustion boiler and pollution control technologies and their potential environmental impacts such as air emissions and ash residues.

(2) This board shall act as an advisory committee to the department and shall review and comment on the rules adopted under this chapter.

NEW SECTION. Sec. 48. (1) The director may, with the recommendation of the board and after a hearing before the board, revoke a certificate:

(a) If it were found to have been obtained by fraud or deceit;

(b) For gross negligence in the operation of a solid waste incinerator or landfill;

(d) If the facility operated by the certified employee is operated in violation of state or federal environmental laws.

(2) A person whose certificate is revoked under this section shall not be eligible to apply for a certificate for one year from the effective date of the final order or revocation.

NEW SECTION. Sec. 49. Any person who is employed by a public agency to inspect the operation of a landfill or an incinerator to determine the compliance of the facility with state or local laws or rules shall be required to be certified in the same manner as an operator under this chapter.

NEW SECTION. Sec. 50. To carry out the provisions and purposes of this chapter, the director may:

(1) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the director deems appropriate with other state, federal, or interstate agencies, municipalities, educational institutions, or other organizations or individuals.

(2) Receive financial and technical assistance from the federal government, other public agencies, and private agencies.

(3) Participate in related programs of the federal government, other states, interstate agencies, other public agencies, or private agencies or organizations.

(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this chapter to federal, state, or interstate agencies, municipalities, educational institutions, and other organizations and individuals.

(5) Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out this chapter.

(6) Adopt rules in conformance to Title 34 RCW.

NEW SECTION. Sec. 51. After January 1, 1992, it is unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a solid waste incineration or landfill facility unless the operators are duly certified by the director under this chapter or any lawful rule or order of the department. It is unlawful for any person to perform the duties of an operator without being duly certified under this chapter.

NEW SECTION. Sec. 52. Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency violating any provision of this chapter or the rules adopted under this chapter, is guilty of a misdemeanor. Each day of operation in violation of this chapter or any rules adopted under this chapter shall constitute a separate offense. The prosecuting attorney or the attorney general, as appropriate, shall secure injunctions of continuing violations of any provisions of this chapter or the rules adopted under this chapter.

NEW SECTION. Sec. 53. Landfill operators who violate sections 37 through 46 of this act shall be guilty of a misdemeanor. Incinerator operators who violate sections 37 through 46 of this act shall be guilty of a gross misdemeanor.

NEW SECTION. Sec. 54. All receipts realized in the administration of this chapter shall be paid into the general fund.

NEW SECTION. Sec. 55. Sections 43 through 54 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 56. For purposes of this chapter:

(1) "Refuse collection business" means every person who receives waste for transfer, storage, or disposal including but not limited to all collection services, public or private dumps, transfer stations, and similar operations.

(2) "Person" shall have the meaning given in RCW 82.04.030 or any later, superseding section.

(3) "Waste" means garbage, trash, rubbish, or other material discarded as worthless or not economically viable for further use. The term does not include hazardous or toxic waste nor does it include material collected primarily for recycling or salvage, except recyclable material collected at the curbside.

(4) "Customer" means that person upon whom the refuse collection surcharge is imposed.

NEW SECTION. Sec. 57. The legislative authority of any county, city, or town shall by resolution or ordinance impose on each person using the services of a refuse collection business a refuse collection surcharge of three percent of the consideration charged for the services, unless otherwise reduced by the provisions of section 62 of this act.

NEW SECTION. Sec. 58. The person collecting the charges made for using the refuse collection business shall collect the surcharge imposed in section 57 of this act. If any person charged with collecting the surcharge fails to bill the customer for the surcharge, or in the alternative has not notified the customer in writing of the imposition of the surcharge, or having collected the surcharge, fails to pay it to the department of revenue in the manner prescribed by this chapter, whether such failure is the result of the person's own acts or the result of acts or conditions beyond the person's control, he or she shall, nevertheless, be personally liable to the state for the amount of the surcharge.

NEW SECTION. Sec. 59. Surcharges collected under this chapter shall be held in trust until paid to the state. Surcharges so received by the state shall be deposited as directed by section 60 of this act. Any person collecting the surcharge who appropriates or converts the surcharge collected shall be guilty of a gross misdemeanor if the money required to be collected is not available for payment on the date payment is due. If a customer fails to pay the surcharge imposed by this chapter to the person charged with collection of the surcharge and the person charged with collection fails to pay the surcharge to the department, the department may, in its discretion, proceed directly against the customer for collection of the surcharge.

The surcharge shall be due from the customer within twenty-five days from the date the customer is billed by the person collecting the surcharge.

The surcharge shall be due from the person collecting the surcharge at the end of the period in which the surcharge is received from the customer. If the customer remits only a portion of the total amount billed for the surcharge, consideration, and related charges, the amount remitted shall be applied first to payment of the refuse collection surcharge and this surcharge shall have priority over all other claims to the amount remitted.

NEW SECTION. Sec. 60. The counties, cities, and towns shall contract, prior to the effective date of a resolution or ordinance imposing a refuse collection surcharge, the administration and collection to the state department of revenue, which shall deduct a percentage amount, as provided by contract, not to exceed two percent of the surcharges collected for administration and collection expenses incurred by the department. The remainder of any portion of any surcharge authorized by this chapter which is collected by the department of revenue shall be deposited by the state department of revenue in the local refuse collection surcharge account hereby created in the state treasury. Moneys in the local refuse collection surcharge account may be spent only for distribution to counties, cities, and towns imposing a refuse collection surcharge.

NEW SECTION. Sec. 61. Monthly the state treasurer shall make distribution from the local refuse collection surcharge account to the counties, cities, and towns the amount of surcharge collected on behalf of each county, city, or town, less the deduction provided for in section 60 of this act. Monthly, the state treasurer shall make the distribution under this section without appropriation. Money distributed under this section may only be used for the purposes of section 4 of this act.

In the event that any ordinance or resolution imposes a refuse collection surcharge at a rate in excess of the applicable limits contained herein, such ordinance or resolution shall not be considered void in toto, but only with respect to that portion of the rate which is in excess of the applicable limits contained herein.

NEW SECTION. Sec. 62. (1) A county, city, or town imposing the surcharge under this chapter, and meeting the service level requirements of section 4 of this act may reduce its surcharge rate to a level that will generate revenues in an amount equal to the difference between the previous fiscal year's revenue attributable to the surcharge and the amount of expenditures directly related to the service level requirements of section 4 of this act.

(2) Prior to reducing the surcharge under this section, local governments shall file with the department of revenue the previous year's fiscal data necessary to compute the reduced rate. Approval of the fiscal data by the department is a prerequisite to rate reduction under this section.

NEW SECTION. Sec. 63. No county may impose a surcharge under section 57 of this act upon a person who is subject to a city-imposed surcharge under section 57 of this act.

NEW SECTION. Sec. 64. The refuse collection surcharge shall not apply to any agency, division, or branch of the federal government or to services rendered under a contract therewith.

NEW SECTION. Sec. 65. To prevent pyramiding and multiple surcharges on a single transaction, this surcharge shall not apply to any refuse collection business using the services of another refuse collection business for the transfer, storage, processing, or disposal of the waste collected during the transaction.

To be eligible for this exemption, a person first must be certified by the department of revenue as a refuse collection business.

NEW SECTION. Sec. 66. Chapter 82.32 RCW applies to the surcharge imposed under this chapter.

NEW SECTION. Sec. 67. Sections 56 through 66 of this act shall constitute a new chapter in Title 82 RCW.

NEW SECTION. Sec. 68. A new section is added to chapter 70.95 RCW to read as follows:

There is imposed on each person depositing garbage at a transfer station, incinerator, or landfill a surcharge equal to five dollars per ton of garbage.

NEW SECTION. Sec. 69. A new section is added to chapter 70.95 RCW to read as follows:

(1) The person operating the transfer station, incinerator, or landfill shall collect the surcharge imposed by section 68 of this act. The surcharge is due at the time the garbage is deposited at the landfill, incinerator, or transfer station. If any person charged with collecting the surcharge fails to collect the surcharge from the facility customer, or having collected the surcharge, fails to pay it to the department of revenue in the manner prescribed by this section, whether such failure is the result of the person's own acts or result of acts or conditions beyond the person's control, he or she shall, nevertheless, be personally liable to the state for the amount of the surcharge.

(2) Surcharges collected under this section shall be held in trust until paid to the state. Surcharges shall be forwarded to the department of revenue monthly. The local governments imposing the surcharge shall contract with the department of revenue for collection of the surcharge as provided in RCW 82.14.050, and the department of revenue shall deduct an amount not to exceed two percent of the surcharges collected for administration and collection expenses incurred by the department. The remainder of the surcharges collected shall be deposited in the local solid waste account hereby created in the state treasury. Any person collecting the surcharge who appropriates or converts the surcharge collected shall be guilty of a gross misdemeanor if the money required to be collected is not available for payment on the date the payment is due. If a facility customer fails to pay the surcharge imposed by this section to the person charged with collection of the surcharge and the person charged with collection fails to pay the surcharge to the department, the department may, in its discretion, proceed directly against the customer for collection of the surcharge.

(3) The provisions of chapter 82.32 RCW shall apply to the administration and collection of the surcharge.

(4) The department of revenue may adopt rules to implement sections 68 through 70 of this act. The rules shall include provisions for determining where garbage deposited at the landfill, transfer station, or incinerator originates.

(5) To prevent pyramiding and multiple taxation of a single transaction, this surcharge shall not apply to any refuse collection business using the services of another refuse collection business for the transfer, storage, or disposal of the waste collected during the transaction. To be eligible for this exemption, a person first must be certified by the department of revenue as a refuse collection business.

NEW SECTION. Sec. 70. A new section is added to chapter 70.95 RCW to read as follows:

The money in the local solid waste account shall be distributed as follows:

(1) Monthly the state treasurer shall transfer twenty percent of the money to the solid waste management account created in section 74 of this act.

(2) The remaining eighty percent, subject to subsection (3) of this section, shall be distributed monthly to each local government in an amount equal to the money collected on its behalf.

(3) Beginning July 1, 1994, local governments who fail to meet the service level requirements for source separation of section 4 of this act will receive fifty percent of their proportionate share of moneys deposited in the account, with the remainder deposited in the solid waste management account.

(4) Money distributed to the local governments under this section shall be used only for purposes of section 4 of this act and for the purchase of scales for use at a landfill, transfer station, or incinerator.

(5) The state treasurer shall make the distributions under this section without appropriation.

Sec. 71. Section 15, chapter 528, Laws of 1987 as amended by section 6, chapter 184, Laws of 1988 (uncodified) is amended to read as follows:

(1) The Washington state legislature finds that the state faces a solid waste disposal crisis. The siting of new landfills, the location and design of new solid waste incinerators, the disposal of ash residue, and compliance with the priorities of the solid waste management act and the hazardous waste management act require that an effort be made by the state to ensure that local governments and private industry have adequate technical information, and that programs are developed to accomplish the statutory waste management priorities.

(2) A comprehensive evaluation of preferred solid waste management programs shall be undertaken by the joint select committee for preferred solid waste management. The committee shall consist of four members of the house of representatives appointed by the speaker of the house and four members of the senate appointed by the president of the senate. The committee shall involve the department of ecology, the utilities and transportation commission, and representatives of organizations representing cities, counties, the public, the waste management industry, waste haulers, and the private recycling industry. The committee shall report its findings and recommendations to the appropriate standing committees of the legislature by January 1, 1989.

(3) The department of ecology may provide the committee with specific recommendations on waste management programs from studies the department has undertaken as required by RCW 70.95.263.

(4) The committee shall attempt to determine the reasons why higher rates of waste reduction and recycling have not been achieved in the state and develop recommendations on how to achieve higher rates.

(5) The committee's recommendations shall include (a) specific programs for waste reduction, recycling, incineration, and landfills, (b) specific goals for solid waste management, and (c) specific responsibilities for state government, local government, and the private sectors to accomplish the committee's recommendations. The committee shall also recommend specific legislation and rule-making requirements to accomplish the committee's findings.

(6) The joint select committee for preferred solid waste management shall review all reports submitted to the legislature by agencies of state government as referenced in this act to ensure that solid waste strategies planned for implementation are adequate and appropriate to manage the state's solid waste stream. The committee shall have oversight of monitoring the state's waste stream and may recommend to the legislature additional policies that should be implemented to reduce waste or divert it from the waste stream. The joint select committee for preferred solid waste management shall cease to exist on July 1, ((~~1989~~)) 1993.

NEW SECTION. Sec. 72. (1) One hundred fifty thousand dollars is appropriated to the state energy office from the state and local improvements revolving account established in RCW 43.99F.030 for the biennium ending June 30, 1991, for the study undertaken pursuant to section 42(6)(f) of this act and chapter 43.99F RCW.

A report shall be made to the legislature on or before December 31, 1989, regarding this study.

(2) Five million dollars is appropriated to the department of ecology from the state and local improvements revolving account established in RCW 43.99F.030 for the biennium ending June 30, 1991, pursuant to section 42(4) of this act and chapter 43.99F RCW.

NEW SECTION. Sec. 73. Fifty thousand dollars shall be appropriated to the business assistance center from the state and local improvements revolving account for the biennium ending June 30, 1991, to prepare a report and action plan on key factors involved in plastic recycling in Washington state and pursuant to chapter 43.99F RCW.

NEW SECTION. Sec. 74. The solid waste management account is created in the state treasury. All moneys deposited in this account under section 70 of this act may be spent only after appropriation. Expenditures from the account may be used only for the purposes of section 42(2) of this act and for technical assistance and plan development under RCW 70.95.100 and 70.95.130.

NEW SECTION. Sec. 75. Sections 5 and 6 of this act shall constitute a new chapter in Title 81 RCW.

NEW SECTION. Sec. 76. Section 1, chapter 134, Laws of 1969 ex. sess., section 1, chapter 41, Laws of 1975-'76 2nd ex. sess., section 1, chapter 123, Laws of 1984, section 1, chapter 345, Laws of 1985 and RCW 70.95.010 are each repealed.

NEW SECTION. Sec. 77. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.