Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose of chapter 173-345 WAC, Recyclable materials -- Transporter and facility requirements, is to require transporters of recyclable material to register with ecology, transport recyclable materials only to locations where recycling occurs, and keep records of all activities for two years. In addition, these new rules require recycling facilities to notify ecology of their existence thirty days before operation commences (ninety days for existing facilities). The adopted rule will incorporate language that prescribes penalties for noncompliance of up to $1,000 per violation.

     Statutory Authority for Adoption: Chapter 70.95 RCW and RCW 70.95.400 - [70.95.]430.

      Adopted under notice filed as WSR 08-22-100 on November 5, 2008.

     Changes Other than Editing from Proposed to Adopted Version: The final rule language has changes in WAC 173-345-030, 173-345-040, and 173-345-060 from the proposed rule language. In WAC 173-345-030, the following terms and their definitions were deleted from the final rule language: "disposal site," "energy recovery," "incidental," and "transformation." The "covered electronic product" definition was replaced with a reference to the definition in chapter 173-900 WAC. The term "person" was added and clarified in the adopted rule language. In WAC 173-345-040, ecology deleted recyclable materials and clarified that a separate container must be provided. WAC 173-345-060 was changed by eliminating specific methods of disposal.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 10, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 10, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: April 21, 2009.

Jay J. Manning

Director

OTS-1728.6

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     "Covered electronic product" or "CEP" means as defined in chapter 173-900 WAC.

     "Department" means the department of ecology.

     "Facility" means all contiguous land (including buffers and setbacks) and structures, other appurtenances, and improvements to the land used for solid waste handling, including recycling.

     "Material recovery facility (MRF)" means a facility that collects, compacts, repackages, sorts, or processes for transport source separated solid waste for the purpose of recycling.

     "Permit" means an authorization used by the jurisdictional health department which allows a person to perform solid waste activities at a specific location and which includes specific conditions for such facility operations.

     "Person" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatever.

     "Processing" means an operation to convert a material into a useful product or to prepare it for reuse, recycling, or disposal.

     "Recycling facility" means a facility where recyclable materials are transformed or remanufactured into useable or marketable materials.

     "Recyclable materials" means those solid wastes that are separated for recycling or reused, including but not limited to, papers, metals, glass, that are identified as recyclable material pursuant to a local solid waste management plan.

     "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. Recycling does not include collection, compacting, repackaging, and sorting for the purpose of transport.

     "Source separated" means the separation of different kinds of solid waste at the place where waste originates.

     "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged material, and recyclable materials.

     "Transporter of recyclable material" means any person or entity that transports source-separated recyclable materials from commercial or industrial generators over the public highways of the state of Washington for compensation, and who is required to possess a common carrier permit to operate from the Washington utilities and transportation commission under chapter 81.80 RCW. Transporters include commercial recycling operations of certified solid waste collection companies regulated under chapter 81.77 RCW.

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     (2) For purposes of this rule "transporters" do not include:

     (a) Carriers of commercial recyclable materials, when such materials are owned or being bought or sold by the entity or person, and being carried in their own vehicle, when such activity is incidental to the conduct of an entity or person's primary business;

     (b) Entities or persons hauling their own recyclables or hauling recyclables they generated or purchased and transported in their own vehicles, including material recovery facilities hauling their own recyclable material;

     (c) Nonprofit or charitable organizations collecting and transporting recyclable materials from a buyback center, drop box, or from a commercial or industrial generator of recyclable materials;

     (d) City municipal solid waste departments or city solid waste contractors; or

     (e) Common carriers permitted under chapter 81.80 RCW whose primary business is not the transportation of recyclable materials.

     (3) Prior to the transportation of recyclable materials, all transporters of recyclable materials shall register with the department, and possess a common carrier permit issued by the Washington utilities and transportation commission.

     (4) A transporter of recyclable materials who transports recyclable materials within the state without a transporter registration required by this section is subject to a civil penalty of up to one thousand dollars per violation.

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     (2) A transporter of recyclable materials who violates the provisions of this section is subject to a civil penalty of up to one thousand dollars per violation.

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     (a) Name;

     (b) Address;

     (c) Service date;

     (d) Invoice documenting where recyclables were sold, delivered for processing, or otherwise marketed.

     (2) The records must be retained for two years from the date of collection and must be accessible for inspection by the department and the local health department.

     (3) Violations of this section subject the transporter of recyclable materials to a civil penalty of up to one thousand dollars per violation.

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     (a) Contact information for the person conducting the recycling activity;

     (b) A general description of the recycling activity;

     (c) A description of the types of solid waste being recycled; and

     (d) A general description of the recycling processes and methods.

     (2) Any facility, except product take-back centers, that accepts recyclable materials within the state without first meeting the requirements of subsection (1) of this section, is subject to a civil penalty of up to one thousand dollars per violation.

     (3) Facilities exempt from the notification requirements in chapter 173-350 WAC are exempt from the requirements in this section.

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