6009-S.E2 AMH REV H4506.1
2ESSB 6009 - H COMM AMD
By Committee on Revenue
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.95.020 and 1985 c 345 s 2 are each amended to read as follows:
The purpose of this chapter is to establish a comprehensive state-wide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter:
(1) To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state;
(2) To provide for adequate planning for solid waste handling by local government;
(3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling;
(4) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;
(5) To encourage ((storage,))
proper disposal((,)) and recycling of discarded vehicle tires and to
stimulate private recycling programs throughout the state.
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/or recycling programs.
Sec. 2. RCW 70.95.260 and 1989 c 431 s 9 are each amended to read as follows:
The department shall in addition to its other powers and duties:
(1) Cooperate with the appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the provisions of this chapter.
(2) Coordinate the development of a solid waste management plan for all areas of the state in cooperation with local government, the department of community, trade, and economic development, and other appropriate state and regional agencies. The plan shall relate to solid waste management for twenty years in the future and shall be reviewed biennially, revised as necessary, and extended so that perpetually the plan shall look to the future for twenty years as a guide in carrying out a state coordinated solid waste management program. The plan shall be developed into a single integrated document and shall be adopted no later than October 1990. The plan shall be revised regularly after its initial completion so that local governments revising local comprehensive solid waste management plans can take advantage of the data and analysis in the state plan.
(3) Provide technical assistance to any person as well as to cities, counties, and industries.
(4) Initiate, conduct, and support research, demonstration projects, and investigations, and coordinate research programs pertaining to solid waste management systems.
(5) Develop state-wide
programs to increase public awareness of and participation in tire recycling,
and to stimulate and encourage local private ((tire recycling centers))
and public participation in tire recycling.
(6) May, under the provisions of the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended, from time to time promulgate such rules and regulations as are necessary to carry out the purposes of this chapter.
Sec. 3. RCW 70.95.500 and 1985 c 345 s 4 are each amended to read as follows:
(1) No person may drop, deposit, discard, or otherwise dispose of vehicle tires on any public property or private property in this state or in the waters of this state whether from a vehicle or otherwise, including, but not limited to, any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley unless:
(a) The property is designated by the state, or by any of its agencies or political subdivisions, for the disposal of discarded vehicle tires; and
(b) The person is authorized to use the property for such purpose.
(2) A violation of this
section is punishable as a gross misdemeanor or by a civil penalty((,
which shall)) or both. The civil penalty may not be less than two
hundred dollars nor more than two thousand dollars for each offense.
(3) The responsibility for cleanup of tire piles is the landowner's and any person in violation of RCW 70.95.550 through 70.95.565, who arranged for transport or transported the tires to the pile.
(4) This section
does not apply to ((the storage or deposit of)) vehicle tires in
quantities deemed exempt under rules adopted by the department of ecology under
its functional standards for solid waste.
Sec. 4. RCW 70.95.510 and 1989 c 431 s 92 are each amended to read as follows:
There is levied a one
dollar per tire fee on the retail sale of new replacement vehicle tires for a
period ((of five years,)) beginning ((October 1, 1989)) January
1, 1995, and ending December 1, 1996. The fee imposed in this section
shall be paid by the buyer to the seller, and each seller shall collect from
the buyer the full amount of the fee. The fee collected from the buyer by the
seller less the ten percent amount retained by the seller as provided in RCW
70.95.535 shall be paid to the department of revenue in accordance with RCW
82.32.045. All other applicable provisions of chapter 82.32 RCW have full
force and application with respect to the fee imposed under this section. The
department of revenue shall administer this section.
For the purposes of this section, "new replacement vehicle tires" means tires that are newly manufactured for vehicle purposes and does not include retreaded vehicle tires.
Sec. 5. RCW 70.95.535 and 1989 c 431 s 93 are each amended to read as follows:
(1) Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain ten percent of the collected one dollar fee. The moneys retained may be used for costs associated with the proper management of the waste vehicle tires by the retailer.
(2) The department of ecology will administer the funds for the purposes specified in RCW 70.95.020(5) including, but not limited to:
(a) Contracts and grants for cleanup of tire piles that pose a threat to public health or safety;
(b) Making
grants to local governments for ((pilot)) demonstration projects for ((on-site
shredding and recycling of)) a variety of applications that use
tires from ((unauthorized dump sites)) this state;
(((b))) (c)
Grants to local government for enforcement programs;
(((c))) (d)
Implementation of a public information and education program to include
posters, signs, and informational materials to be distributed to retail tire
sales and tire service outlets;
(((d))) (e)
Product marketing studies for recycled tires and alternatives to land disposal.
Sec. 6. RCW 70.95.550 and 1988 c 250 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70.95.555 through 70.95.565.
(1) "Processor" means a person permitted and authorized by the county to alter a tire and make it unusable for its original purpose.
(2) "Recycling" has the same meaning as in RCW 70.95.030(16).
(3) "Pyrolysis" means any process in which waste tires are heated in an enclosed device in the absence of oxygen and produces a fuel capable of being burned for energy recovery.
(4)
"Storage" or "storing" means the placing of ((more than
eight hundred waste tires in a manner that does not constitute final disposal
of the)) waste tires in a location, whether intended to be temporary or
final disposal.
(((2))) (5)
"Transportation" or "transporting" means picking up or
transporting waste tires for the purpose of storage or final disposal but
does not include tire wholesalers, retailers, or retread facilities picking up
or delivering tires in the normal course of business.
(((3))) (6)
"Waste tires" means tires that are no longer suitable for their
original intended purpose because of wear, damage, or defect.
Sec. 7. RCW 70.95.555 and 1988 c 250 s 4 are each amended to read as follows:
Any person ((engaged
in the business of)) transporting ((or storing)) waste tires shall
((be licensed by the department)) obtain a license annually from the
department and shall obtain an identification sticker for each motorized
vehicle. The sticker shall be located on the driver's door in a manner that is
clearly visible. To obtain a license, each applicant must:
(1) Provide assurances
that the applicant is in compliance with this chapter and the rules regarding
waste tire storage and transportation; ((and))
(2) Submit annual tire management plans as defined in rule by the department; and
(3) Post a permit bond in the sum of ten thousand dollars in favor of the state of Washington. In lieu of the bond, the applicant may submit financial assurances acceptable to the department.
This section does not apply to persons transporting waste tires under the authority of the Washington utilities and transportation commission.
Sec. 8. RCW 70.95.560 and 1989 c 431 s 95 are each amended to read as follows:
Any person who
transports or stores waste tires without a license in violation of RCW
70.95.555 shall be guilty of a gross misdemeanor ((and)) or a civil
penalty, or both. Upon conviction of a gross misdemeanor, the person
shall be punished under RCW 9A.20.021(2).
Sec. 9. RCW 70.95.565 and 1988 c 250 s 6 are each amended to read as follows:
No ((business)) person
may enter into a contract for:
(1) Transportation of waste tires with an unlicensed waste tire transporter; or
(2) Waste tire storage with an unlicensed owner or operator of a waste tire storage site.
A person who utilizes unlicensed waste tire transporters or contracts with an unlicensed owner or operator of a waste tire storage site is in violation of this section. Such person shall receive a written warning on the first offense, and is punishable by a civil penalty of one thousand dollars for each subsequent offense. This penalty will not apply to persons who exercise due care to ensure that a transporter receiving waste tires is regulated by the Washington utilities and transportation commission or licensed by the department to do so. Persons contracting for transportation or storage of waste tires are required to keep documentation that the transporter's utilities and transportation permit, department license, or other identification of compliance was checked. Monetary penalties for violation of this section collected by the court shall be distributed to the local governmental entity enforcing the provisions of this section.
NEW SECTION. Sec. 10. A new section is added to chapter 70.95 RCW to read as follows:
(1) Except as provided in subsection (2) of this section, the department shall require all processors to post a bond or other form of financial insurance in an amount sufficient to cover all cleanup liabilities that may be incurred by the processor. The maximum number of tires stored by a processor shall be established by the department based on the amount of the bond or other form of financial insurance.
(2) The requirement in subsection (1) of this section shall not apply to processors possessing a valid permit on or before January 1, 1994.
NEW SECTION. Sec. 11. A new section is added to chapter 70.95 RCW to read as follows:
The department shall follow these priorities, in descending order, when developing and implementing policies related to waste tires: (1) Waste reduction; (2) recycling; (3) energy recovery and pyrolysis; and (4) incineration and landfill disposal.
NEW SECTION. Sec. 12. A new section is added to chapter 70.95 RCW to read as follows:
Chapter . . ., Laws of 1994 (this act) shall apply prospectively and not retroactively.
NEW SECTION. Sec. 13. The legislature finds that extending the expiration date of the tire fee under section 4 of this act is not a tax increase within the meaning of section 13, chapter 2, Laws of 1994 (Initiative 601). If the secretary of state determines that this act must be submitted to the people for their adoption and ratification, or rejection, as a result of section 13, chapter 2, Laws of 1994, this act shall be null and void."
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