H-1156

AN ACT Relating to recycling; amending RCW 70.93.020, 70.93.030, 70.93.130, 70.93.150, 70.93.180, 70.95.030, 70.95C.120, and 43.31.545; adding new sections to chapter 70.93 RCW; adding a new section to chapter 70.95 RCW; adding new sections to chapter 70.95C RCW; adding new sections to chapter 43.131 RCW; adding a new section to chapter 70.94 RCW; adding a new section to chapter 70.105 RCW; adding new chapters to Title 70 RCW; creating a new section; recodifying RCW 19.114.040; repealing RCW 43.31.552, 43.31.554, 43.31.556, 19.114.010, 19.114.020, 19.114.030, and 19.114.900; prescribing penalties; making appropriations; and declaring an emergency.

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

PART I

PACKAGING

Sec. 101. RCW 70.93.020 and 1979 c 94 s 2 are each amended to read as follows:

The purpose of this chapter is to accomplish litter control and stimulate private recycling programs throughout this state by delegating to the department of ecology the authority to: (1) Conduct a permanent and continuous program to control and remove litter from this state to the maximum practical extent possible; (2) recover and recycle waste materials related to litter and littering; (3) foster private recycling and markets for recyclable materials; and (4) increase public awareness of the need for recycling and litter control. It is further the intent and purpose of this chapter to create jobs for employment of youth in litter cleanup and related activities and to stimulate and encourage small, private recycling centers. This program shall include the compatible goal of recovery of recyclable materials to conserve energy and natural resources wherever practicable. Every other department of state government and all local governmental units and agencies of this state shall cooperate with the department of ecology in the administration and enforcement of this chapter. The intent of this chapter is to add to and to coordinate existing recycling and litter control and removal efforts and not terminate or supplant such efforts.

Sec. 102. RCW 70.93.030 and 1979 c 94 s 3 are each amended to read as follows:

As used in this chapter unless the context indicates otherwise:

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

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

(3) "Disposable package or container" means all packages or containers defined as such by rules and regulations adopted by the department of ecology;

(4) "Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing;

(5) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity;

(6) "Litter receptacle" means those containers adopted by the department of ecology and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter;

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

(8) "Recycling" means ((~~the process of separating, cleansing, treating, and reconstituting used or discarded litter-related materials for the purpose of recovering and reusing the resources contained therein~~)) transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration;

(9) "Recycling center" means a central collection point for recyclable materials;

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

(11) "Watercraft" means any boat, ship, vessel, barge, or other floating craft;

(12) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.

NEW SECTION. Sec. 103. A new section is added to chapter 70.93 RCW to read as follows:

(1) In addition to the assessment imposed in RCW 70.93.120, there is hereby levied and there shall be collected by the department of revenue from every person engaging within this state in business as a manufacturer and/or making sales at wholesale and/or making sales at retail, an annual litter assessment equal to the value of products manufactured and sold within this state, including by-products, multiplied by seven and one-half thousandths of one percent in the case of manufacturers, and equal to the gross proceeds of the sales of the business within this state multiplied by seven and one-half thousandths of one percent in the case of sales at wholesale and/or at retail.

(2) After July 1, 1994, package materials meeting the recycling and recycled content requirements under section 109 of this act shall be exempt from the assessment under this section. Products packaged in packaging materials meeting the requirements of section 109 of this act shall also be exempt from the assessment under this section.

Sec. 104. RCW 70.93.130 and 1971 ex.s. c 307 s 13 are each amended to read as follows:

Because it is the express purpose of this chapter to accomplish effective litter control within the state of Washington and because it is a further purpose of this chapter to allocate a portion of the cost of administering it to those industries whose products including the packages, wrappings, and containers thereof, are reasonably related to the litter problem, in arriving at the amount upon which the assessment under RCW 70.93.120 is to be calculated only the value of products or the gross proceeds of sales of products falling into the following categories shall be included:

(1) Food for human or pet consumption.

(2) Groceries.

(3) Cigarettes and tobacco products.

(4) Soft drinks and carbonated waters.

(5) Beer and other malt beverages.

(6) Wine.

(7) Newspapers and magazines.

(8) Household paper and paper products.

(9) Glass containers.

(10) Metal containers.

(11) Plastic or fiber containers made of synthetic material.

(12) Cleaning agents and toiletries.

(13) Nondrug drugstore sundry products.

Sec. 105. RCW 70.93.150 and 1971 ex.s. c 307 s 15 are each amended to read as follows:

"Sold within this state" or "sales of the business within this state" as used in RCW 70.93.120 and in section 103 of this 1991 act shall mean all sales of retailers engaged in business within this state and all sales of products for use or consumption within this state in the case of manufacturers and wholesalers.

Sec. 106. RCW 70.93.180 and 1985 c 57 s 68 are each amended to read as follows:

There is hereby created an account within the state treasury to be known as the "litter control account". All assessments, fines, bail forfeitures, and other funds collected or received pursuant to ((~~this chapter~~)) RCW 70.93.120 and 70.93.230 shall be deposited in the litter control account and used for the administration and implementation of this chapter except as required to be otherwise distributed under RCW 70.93.070. All earnings of investments of balances in the litter control account shall be credited to the general fund.

NEW SECTION. Sec. 107. A new section is added to chapter 70.93 RCW to read as follows:

There is hereby created an account within the state treasury to be known as the clean Washington account. All assessments, and other funds collected or received pursuant to sections 103 and 204 of this act and subject to appropriation, shall be deposited in the clean Washington account and used for the administration and implementation of the clean Washington center as established under section 203 of this act.

Sec. 108. RCW 70.95.030 and 1989 c 431 s 2 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) "Commission" means the utilities and transportation commission.

(3) "Committee" means the state solid waste advisory committee.

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

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

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

(7) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

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

(9) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

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

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

(12) "Local government" means a city, town, or county.

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

(14) "Postconsumer recovered material" means those products or feedstocks that have served their intended end uses and that have been diverted from the solid waste stream for the purpose of recycling. Postconsumer recovered material does not mean mill broke that is returned to the production line without leaving the possession of the producer.

(15) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

((~~(15)~~)) (16) "Recycled content level" means the ratio obtained by dividing the weight of postconsumer recovered material contained in a product or package by the total weight of the product or package.

(17) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

((~~(16)~~)) (18) "Recycling level" means the recycling rate for those commodities identified in the solid waste stream analysis and evaluation authorized under RCW 70.95.280.

(19) "Solid waste" or "wastes" 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 recyclable materials.

((~~(17)~~)) (20) "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 solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

((~~(18)~~)) (21) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

((~~(19)~~)) (22) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

((~~(20)~~)) (23) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

NEW SECTION. Sec. 109. A new section is added to chapter 70.95 RCW to read as follows:

(1) By July 1, 1993, the department shall adopt rules specifying maximum practical recycling and recycled content levels for all packaging materials. The department, in conjunction with the department of revenue, shall include provisions to certify compliance and to enforce the rules. The department shall periodically review and update the rules as it deems appropriate.

(2) Effective July 1, 1995, manufacturers of packaging materials failing to meet specified recycling and recycled content levels shall be notified of the failure by the department. A packaging material, and any product contained therein, not meeting specified recycling and recycled content levels within twenty-four months of such notice shall not be sold or distributed within the state unless the department deems that such a prohibition may jeopardize public health or safety or is otherwise not in the public interest. The department shall adopt rules establishing a process to prohibit a packaging material.

(3) No enforcement action for the sale or use of any packaging material may be taken against any retailer within six months following the prohibition of a packaging material under this section.

NEW SECTION. Sec. 110. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 111 and 112 of this act.

(1) "Container," unless otherwise specified, refers to "rigid plastic container" or "plastic bottle" as those terms are defined in this section.

(2) "Distributors" means those persons engaged in the distribution of packaged goods for sale in the state of Washington, including manufacturers, wholesalers, and retailers.

(3) "Label" means a molded, imprinted, or raised symbol on or near the bottom of a plastic container or bottle.

(4) "Person" means an individual, sole proprietor, partnership, association, or other legal entity.

(5) "Plastic" means a material made of polymeric organic compounds and additives that can be shaped by flow.

(6) "Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.

(7) "Rigid plastic container" means a formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.

NEW SECTION. Sec. 111. (1) The provisions of this section and any rules adopted under this section shall be interpreted to conform with nation-wide plastics industry standards.

(2) On or after January 1, 1992, no person may distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The code shall consist of a number placed within three triangulated arrows and letters placed below the triangle of arrows. The triangulated arrows shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:

(a) 1. = PETE (polyethylene terephthalate)

(b) 2. = HDPE (high density polyethylene)

(d) 4. = LDPE (low density polyethylene)

(e) 5. = PP (polypropylene)

(f) 6. = PS (polystyrene)

(g) 7. = OTHER

NEW SECTION. Sec. 112. (1) After being notified that a plastic container does not comply with section 111 of this act, a person who violates section 111 of this act is subject to a civil penalty of fifty dollars for each violation up to a maximum of five hundred dollars and may be enjoined from continuing violations. Each distribution constitutes a separate offense.

(2) Distributors shall have two years from the effective date of this section to clear current inventory, delivered or received and held in their possession as of the effective date of this section. Distributors shall not be subject to subsection (1) of this section for sale of such inventory.

NEW SECTION. Sec. 113. The legislature finds and declares that:

(1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment;

(2) Packaging comprises a significant percentage of the overall solid waste stream;

(3) The presence of heavy metals in packaging is a part of the total concern in light of their likely presence in emissions or ash when packaging is incinerated, or in leachate when packaging is landfilled;

(4) Lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern;

(5) It is desirable as a first step in reducing the toxicity of packaging waste to eliminate the addition of these heavy metals to packaging; and

(6) The intent of this chapter is to achieve this reduction in toxicity without impeding or discouraging the expanded use of postconsumer materials in the production of packaging and its components.

NEW SECTION. Sec. 114. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Package" means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, and a shipping container as defined in ASTM D996. "Package" also means and includes unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.

(2) "Manufacturer" means a person, firm, or corporation who applies a package to a product for distribution or sale.

(3) "Packaging component" means an individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.

NEW SECTION. Sec. 115. (1) As soon as feasible but not later than two years after the effective date of this section, no package or packaging component may be offered for sale or for promotional purposes by its manufacturer or distributor in the state of Washington, that includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

(2) As soon as feasible but not later than two years after the effective date of this section, no product may be offered for sale or for promotional purposes by its manufacturer or distributor in the state of Washington in a package that includes, in the package itself or in any of its packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

(3) The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed the following:

(a) 600 parts per million by weight effective two years after the effective date of this section;

(b) 250 parts per million by weight effective three years after the effective date of this section; and

NEW SECTION. Sec. 116. All packages and packaging components shall be subject to this chapter except the following:

(1) Those packages or package components with a code indicating date of manufacture that were manufactured prior to the effective date of this section;

(2) Those packages or packaging components that have been purchased by, delivered to, or are possessed by a retailer on or before twenty-four months following the effective date of this section to permit opportunity to clear existing inventory of the proscribed packaging material;

(3) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative; or

(4) Packages and packaging components that would not exceed the maximum contaminant levels set forth in section 115(3) of this act but for the addition of postconsumer materials; and provided that the exemption for this subsection shall expire six years after the effective date of this section.

NEW SECTION. Sec. 117. As soon as feasible but not later than two years after the effective date of this section, a certificate of compliance stating that a package or packaging component is in compliance with the requirements of this chapter shall be developed by its manufacturer, provided, however, where compliance is achieved under the exemption or exemptions provided in section 116 (3) or (4) of this act, the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturing company. The certificate of compliance shall be kept on file by the manufacturer for as long as the package or packaging component is in use, and for three years from the date of the last sale or distribution by the manufacturer. Certificates of compliance, or copies thereof, shall be furnished to the department of ecology upon request within sixty days. If manufacturers are required under any other state statute to provide a certificate of compliance, one certificate may be developed containing all required information.

If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer shall develop an amended or new certificate of compliance for the reformulated or new package or packaging component.

NEW SECTION. Sec. 118. Requests from a member of the public for any certificate of compliance shall be:

(1) Made in writing to the department of ecology;

(2) Made specific as to package or packaging component information requested; and

(3) Responded to by the department of ecology within ninety days.

NEW SECTION. Sec. 119. The department of ecology may suspend the sale of any package for which a manufacturer has failed to respond to a request by the department for a certificate of compliance within the allotted period of time pursuant to section 117 of this act.

NEW SECTION. Sec. 120. The packaging subcommittee of the solid waste advisory committee shall review the effectiveness of this chapter in its third annual report to the legislature. The report shall contain recommendations to add other toxic substances contained in packaging to the list set forth in this chapter, including but not limited to mutagens, carcinogens, and teratogens, in order to further reduce the toxicity of packaging waste, and shall contain a recommendation regarding imposition of penalty for violation of section 115 of this act, and shall contain a recommendation whether to continue the recycling exemption as it is provided for in section 116 of this act.

Sec. 121. RCW 70.95C.120 and 1989 c 431 s 54 are each amended to read as follows:

The office of waste reduction shall develop, in consultation with the superintendent of public instruction, an awards program to ((~~achieve waste reduction and~~)) promote recycling in the public schools, grades kindergarten through high school. The office shall develop guidelines for program development and implementation. Each public school shall implement a ((~~waste reduction and~~)) recycling program conforming to guidelines developed by the office.

For the purpose of granting awards, the office may group schools into not more than three classes, based upon student population, distance to markets for recyclable materials, and other criteria, as deemed appropriate by the office. Except as otherwise provided, five or more awards shall be granted to each of the three classes. Each award shall be a sum of not less than two thousand dollars nor more than five thousand dollars. Awards shall be granted each year to the schools that achieve the greatest levels of ((~~waste reduction and~~)) recycling. ((~~Each~~)) A single award ((~~shall be of a sum~~)) of not less than ten thousand dollars shall be presented to the school having the best recycling program as determined by the office. ((The office shall also develop recommendations for an awards program for waste reduction in the public schools. The office shall submit these recommendations to the appropriate standing committees in the house of representatives and senate on or before November 30, 1989.))

The superintendent of public instruction shall distribute guidelines and other materials developed by the office to implement programs to reduce and recycle waste generated in administrative offices, classrooms, laboratories, cafeterias, and maintenance operations.

NEW SECTION. Sec. 122. Sections 110 through 112 of this act are each added to chapter 70.95C RCW.

NEW SECTION. Sec. 123. Sections 113 through 120 of this act shall constitute a new chapter in Title 70 RCW.

PART II

CLEAN WASHINGTON CENTER

NEW SECTION. Sec. 201. FINDINGS--POLICY. (1) The legislature finds that:

(a) Recycling conserves energy and landfill space, provides jobs and valuable feedstock materials to industry, and promotes health and environmental protection;

(b) Seventy-eight percent of the citizens of the state actively participate in recycling programs and Washington currently has the highest recycling rate in the nation;

(d) Many local governments and private entities cumulatively affect, and are affected by, the market for recycled commodities but have limited jurisdiction and cannot adequately address the problems of market development that are complex, wide-ranging, and regional in nature; and

(e) The private sector has the greatest capacity for creating and expanding markets for recyclable commodities, and the development of private markets for recycled commodities is in the public interest.

(2) It is therefore the policy of the state to create an entity, within the department of trade and economic development to be known as the "clean Washington center" for the purpose of assisting businesses to develop new and expanded markets for recyclable commodities.

NEW SECTION. Sec. 202. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the board of directors of the center.

(2) "Center" means the clean Washington center.

(3) "Work plan" means the annual plan developed by the center.

(4) "Market development" means expanding the use of postconsumer recyclable materials by commercial and industrial entities.

NEW SECTION. Sec. 203. BOARD MEMBERSHIP. (1) There is established the clean Washington center within the department of trade and economic development to consist of eleven members. Except as otherwise provided, board members shall be appointed by the governor as follows:

(a) Two members to represent the legislature, one member appointed by the speaker of the house of representatives and one member appointed by the president of the senate;

(b) Two members to represent local government;

(d) The director of the department of trade and economic development shall represent the executive branch as an ex officio member.

(2) Members representing the legislature and local government shall serve two-year renewable terms; members representing the private sector shall serve three-year renewable terms. Vacancies shall be filled by the chair with majority consent from the board.

(3) Members, exclusive of those representing the legislative or executive branches, shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(4) The chair shall be selected from among the members by a simple majority vote.

NEW SECTION. Sec. 204. POWERS. In order to carry out its responsibilities under this chapter, the center may:

(1) Receive such gifts, grants, funds, fees, and endowments, in trust or otherwise, for the use and benefit of the purposes of the center. The center may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(2) Obtain and disseminate information relating to market development for recyclable materials from other state and local agencies;

(3) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;

(4) Provide grants to local governments and nonprofit organizations;

(5) Evaluate, analyze, and make recommendations on state policies that may affect markets for recyclable materials; and

(6) Adopt and exercise bylaws for the regulation of business for the purposes of this chapter.

NEW SECTION. Sec. 205. DUTIES. The center shall:

(1) Develop an annual work plan. The plan shall describe actions and recommendations for developing markets for commodities comprising a significant percentage of the waste stream and having potential for use as an industrial or commercial feedstock. The plan shall specify amounts, types, sources, and end uses of recycled material targeted for remanufacture. The initial plan shall, at a minimum, address mixed waste paper, yard and food waste, and plastics. The center shall submit its annual work plan to the legislature by December 1 of each year;

(2) Provide business and marketing assistance, as requested, to private sector entities within the state;

(3) Conduct appropriate public hearings and otherwise seek to broadly disseminate information concerning market development for recyclable materials;

(4) Represent the state in market development issues at the local, regional, and national levels; and

(5) Initiate, conduct, or contract for studies and searches relating to market development for recyclable materials, including but not limited to applied research, technology transfer, and pilot demonstration projects.

NEW SECTION. Sec. 206. ADVISORY COMMITTEES. The board may appoint advisory committees to assist in the development or implementation of the work plan.

NEW SECTION. Sec. 207. CAPTIONS NOT LAW. Section headings as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 208. A new section is added to chapter 43.131 RCW to read as follows:

The clean Washington center and its powers and duties shall be terminated on June 30, 1995.

NEW SECTION. Sec. 209. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1996:

(1) RCW 70.---.--- and 1991 c ---, s 201 (section 201 of this act);

(2) RCW 70.---.--- and 1991 c ---, s 202 (section 202 of this act);

(3) RCW 70.---.--- and 1991 c ---, s 203 (section 203 of this act);

(4) RCW 70.---.--- and 1991 c ---, s 204 (section 204 of this act);

(5) RCW 70.---.--- and 1991 c ---, s 205 (section 205 of this act);

(6) RCW 70.---.--- and 1991 c ---, s 206 (section 206 of this act); and

(7) RCW 70.---.--- and 1991 c ---, s 207 (section 207 of this act).

Sec. 210. RCW 43.31.545 and 1989 c 431 s 64 are each amended to read as follows:

((~~(1)~~)) The department is the lead state agency to assist in establishing and improving markets for recyclable materials generated in the state. This priority on creating and expanding a recyclables market should be fully integrated into the current targeted sector marketing programs of the department. In carrying out these marketing responsibilities, the department shall work closely with the office of waste reduction in the department of ecology.

(((2) The department of trade and economic development, with the assistance of the department of ecology and the committee for recycling markets created by RCW 43.31.552, shall develop programs to accomplish the following:

~~(a) Develop new markets inside and outside this state for recycled materials;~~

~~(b) Attract new businesses to this state whose purpose is to use recycled materials;~~

~~(c) Educate businesses and consumers about the high quality of Washington recycled materials;~~

~~(d) Promote business and consumer use of products made from recycled materials;~~

~~(e) Provide technical market assistance to businesses and local governments;~~

~~(f) Cooperate with and secure the cooperation of any department, agency, commission, or instrumentality in state or local government affected by or concerned with market development; and~~

(g) Create and maintain a list of recyclers, collectors, and other persons or entities interested in the development of markets for recycling and solicit the opinions of those persons with respect to market development.))

NEW SECTION. Sec. 211. The following acts or parts of acts are each repealed:

(1) RCW 43.31.552 and 1989 c 431 s 100;

(2) RCW 43.31.554 and 1989 c 431 s 101; and

(3) RCW 43.31.556 and 1990 c 127 s 1 & 1989 c 431 s 102.

NEW SECTION. Sec. 212. Sections 201 through 207 of this act shall constitute a new chapter in Title 70 RCW.

PART III

USED OIL RECYCLING

NEW SECTION. Sec. 301. INTENT. (1) The legislature finds that:

(a) Millions of gallons of used oil are generated each year in this state, and used oil is a valuable petroleum resource which can be recycled;

(b) The improper collection, transportation, recycling, use, or disposal of used oil contributes to the pollution of air, water, and land, and endangers public health and welfare;

(c) The private sector is a vital resource in the collection and recycling of used oil and should be involved in its collection and recycling whenever practicable.

(2) In light of the harmful consequences of improper disposal and use of used oil, and its value as a resource, the legislature declares that the collection, recycling, and reuse of used oil is in the public interest.

NEW SECTION. Sec. 302. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Used oil" means: (a) Lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; (b) any oil that has been refined from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and (c) any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no longer useful to the original purchaser.

(2) "Public used oil collection site" means a site where a used oil collection tank has been placed for the purpose of collecting household generated used oil. "Public used oil collection site" also means a vehicle designed or operated to collect used oil from the public.

(3) "Lubricating oil" means any oil designed for use in, or maintenance of, a vehicle, including, but not limited to, motor oil, gear oil, and hydraulic oil. "Lubricating oil" does not mean petroleum hydrocarbons with a flash point below --- degrees Centigrade.

(4) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, watercourse, or trail, and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, watercourse, or trail, except devices moved by human or animal power.

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

NEW SECTION. Sec. 303. PUBLIC USED OIL COLLECTION. (1) Each local government, or combination of contiguous local governments shall amend its local hazardous waste plan required under RCW 70.105.220 to include a used oil recycling element. This element shall include:

(a) A plan to reach the local goals for household used oil recycling established by the local government and the department under section 304 of this act. The plan shall, to the maximum extent possible, incorporate voluntary agreements with the private sector and state agencies to provide sites for the collection of used oil;

(b) A plan for enforcing the sign and container ordinances required by section 305 of this act;

(d) An estimate of funding needed to implement the requirements of this chapter. This estimate shall include a budget reserve for disposal of contaminated oil detected at any public used oil collection site administered by the local government.

(2) By July 1, 1993, each local government or combination of contiguous local governments shall submit its used oil recycling element to the department. The department shall approve or disapprove the used oil recycling element by January 1, 1994, or within ninety days of submission, whichever is later.

(3) Each local government, or combination of contiguous local governments, shall submit an annual statement to the department describing the number of used oil collection sites and the quantity of household used oil recycled for the jurisdiction during the previous calendar year. The first statement shall be due on December 31, 1994. Subsequent statements shall be due on December 1 of each year.

NEW SECTION. Sec. 304. RECYCLING GOALS. (1) By July 1, 1992, the department shall, in conjunction with local governments, prepare guidelines for the used oil recycling elements required by section 303 of this act. The guidelines shall:

(a) Develop an annual state-wide recycling goal for household used oil collection;

(b) Develop local recycling goals for household used oil for each entity preparing a used oil recycling element under section 302 of this act;

(d) Develop equipment and operating standards for public used oil collection sites; and

(e) Identify state locations suitable as public used oil collection sites.

(2) The department may waive all or part of the specific requirements of section 303 of this act if a local government demonstrates to the satisfaction of the department that the objectives of this chapter have been met.

(3) The department may prepare and implement a used oil recycling plan for any local government failing to complete the used oil recycling element of the plan.

NEW SECTION. Sec. 305. SIGNS AND CONTAINERS. (1) A person annually selling one thousand or more gallons of lubricating oil to ultimate consumers for use or installation off the premises, or five hundred or more vehicle oil filters to ultimate consumers for use or installation off the premises within a city or county having an approved used oil recycling element, shall:

(a) Post and maintain at or near the point of sale, durable and legible signs informing the public of the importance of used oil recycling and how and where used oil may be properly recycled, including locations and hours of operation of nearby public used oil collection sites; and

(b) Provide for sale at or near the display location of the lubricating oil or vehicle oil filters, household used oil recycling containers. The department shall design and print the signs required by this section, and shall make them available to local governments and retail outlets.

(2) A person, who, after notice, violates this section is guilty of a misdemeanor and on conviction is subject to a fine not to exceed one thousand dollars.

(3) The department is responsible for notifying retailers subject to this section.

NEW SECTION. Sec. 306. STATE-WIDE EDUCATION. The department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil in order to conserve resources and protect the environment. As part of this program, the department shall:

(1) Establish and maintain a state-wide list of public used oil collection sites, and a list of all persons coordinating local government used oil programs;

(2) Establish and maintain a state-wide toll-free telephone number to inform callers of the closest available public used oil collection site;

(3) Establish a state-wide media campaign describing used oil recycling;

(4) Assist local governments in providing public education and awareness programs concerning used oil by providing technical assistance and education materials; and

(5) Encourage the establishment of voluntary used oil collection and recycling programs, including public-private partnerships, and provide technical assistance to persons organizing such programs.

NEW SECTION. Sec. 307. DISPOSAL OF USED OIL. (1) Effective January 1, 1992, the use of used oil for dust suppression or weed abatement is prohibited.

(2) Effective July 1, 1992, no person may sell or distribute fiber based kits as a means for collecting, recycling, or disposing of used oil.

(3) Effective January 1, 1994, no person may knowingly dispose of used oil except by delivery to a person collecting used oil for recycling, treatment, or disposal, subject to the provisions of this chapter and chapter 70.105 RCW, or as provided for by the department.

(4) Effective January 1, 1994, no owner or operator of a solid waste landfill or incinerator may knowingly accept used oil for disposal in the landfill or incinerator, except as provided for by the department.

(5) A person who violates this section is guilty of a misdemeanor.

NEW SECTION. Sec. 308. USED OIL TRANSPORTER REQUIREMENTS. (1) By January 1, 1993, and annually thereafter, a person in the business of transporting used oil shall notify the department that the transporter is in compliance with this chapter and any rules adopted by the department, or any other state or federal agency, regarding the transportation of used oil.

(2) By July 1, 1992, the department shall adopt rules, in conjunction with the utilities and transportation commission, to implement this section. Rules shall include, but not be limited to:

(a) Minimum tracking and recordkeeping requirements, including the issuance of receipts to collectors of used oil and verification of delivery to authorized facilities; and

(b) Appropriate financial assurances.

(3) The department shall charge fees to applicants to cover the administrative costs of implementing this section. Fees shall be deposited into the local toxics account created in RCW 70.105D.070(1).

(4) Any person who knowingly transports used oil for compensation without a license required under this section shall be guilty of a gross misdemeanor.

NEW SECTION. Sec. 309. CAPTIONS NOT LAW. Section headings as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 310. SHORT TITLE. This chapter shall be known and may be cited as the used oil recycling act.

NEW SECTION. Sec. 311. A new section is added to chapter 70.94 RCW to read as follows:

MARKET DEVELOPMENT--BURNING USED OIL FUEL IN LAND-BASED FACILITIES. (1) Except as provided in subsection (3) of this section, a person may not burn used oil as fuel in a land-based facility or in state waters unless the used oil meets the following standards:

(a) Cadmium: 2 ppm maximum

(b) Chromium: 10 ppm maximum

(d) Arsenic: 5 ppm maximum

(e) Total halogens: 1000 ppm maximum

(f) Polychlorinated biphenyls: 2 ppm maximum

(g) Ash: .1 percent maximum

(h) Sulfur: 1.0 percent maximum

(i) Flash point: 100 degrees Fahrenheit minimum.

(2) Effective July 1, 1995, the standard for lead shall be fifty parts per million.

(3) This section shall not apply to used oil burned in space heaters if the space heater has a maximum heat output of not greater than 0.5 million btu's per hour.

NEW SECTION. Sec. 312. A new section is added to chapter 70.105 RCW to read as follows:

Local governments and combinations of local governments shall amend their local hazardous waste plans required under RCW 70.105.220 to comply with section 303 of this act.

NEW SECTION. Sec. 313. The following acts or parts of acts are each repealed:

(1) RCW 19.114.010 and 1983 c 137 s 1;

(2) RCW 19.114.020 and 1983 c 137 s 2;

(3) RCW 19.114.030 and 1983 c 137 s 3; and

(4) RCW 19.114.900 and 1983 c 137 s 5.

NEW SECTION. Sec. 314. RCW 19.114.040 is recodified as a section in chapter 70.-- RCW (sections 301 through 310 of this act).

NEW SECTION. Sec. 315. Sections 301 through 310 of this act shall constitute a new chapter in Title 70 RCW.

PART IV

MISCELLANEOUS

NEW SECTION. Sec. 401. Part headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 402. The sum of ....... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the clean Washington account to the department of trade and economic development for the purposes of assisting business develop markets for recyclable materials.

NEW SECTION. Sec. 403. The sum of ....... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the clean Washington account to the department of ecology for the purpose of implementing section 109 of this act.

NEW SECTION. Sec. 404. 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.

NEW SECTION. Sec. 405. Sections 113 through 120 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.