AN ACT
Relating to the collection of hazardous waste generation fees; amending RCW
70.95E.010, 70.95E.050, and 70.95E.090; reenacting and amending RCW 70.95E.020;
and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.95E.010 and 1994 c 136 s 1 are each amended to read as follows:
As
used in this chapter, the following terms have the meanings indicated unless
the context clearly requires otherwise.
(1)
"Dangerous waste" shall have the same definition as set forth in RCW
70.105.010(5) and shall include those wastes designated as dangerous by rules
adopted pursuant to chapter 70.105 RCW.
(2)
"Department" means the department of ecology.
(3)
"EPA/state identification number" means the number assigned by the
EPA (environmental protection agency) or by the department of ecology to each
generator and/or transporter and treatment, storage, and/or disposal facility.
(4)
"Extremely hazardous waste" shall have the same definition as set
forth in RCW 70.105.010(6) and shall specifically include those wastes
designated as extremely hazardous by rules adopted pursuant to chapter 70.105
RCW.
(5)
"Fee" means the annual fees imposed under this chapter.
(6)
"Generate" means any act or process which produces hazardous waste or
first causes a hazardous waste to become subject to regulation.
(7)
"Hazardous waste" means and includes all dangerous and extremely
hazardous wastes but for the purposes of this chapter excludes all radioactive
wastes or substances composed of both radioactive and hazardous components.
(8) (("Known
generators" means persons that have notified the department and have
received an EPA/state identification number.)) "Hazardous waste
generator" means all persons whose primary business activities are
identified by the department to generate any quantity of hazardous waste in the
calendar year for which the fee is imposed.
(9)
"Person" means an individual, trust, firm, joint stock company,
partnership, association, state, public or private or municipal corporation,
commission, political subdivision of a state, interstate body, the federal
government including any agency or officer thereof, and any Indian tribe or
authorized tribal organization.
(10)
(("Potential generators" means all persons whose primary business
activities are identified by the department to be likely to generate any
quantity of hazardous wastes.
(11)))
"Price deflator" means the United States department of commerce
bureau of economic analysis, "Implicit Price Deflator for Gross National
Product" for "Government Purchases of Goods and Services," for
"State and Local Government."
(((12)))
(11) "Recycled for beneficial use" means the use of hazardous
waste, either before or after reclamation, as a substitute for a commercial
product or raw material, but does not include: (a) Use constituting disposal;
(b) incineration; or (c) use as a fuel.
(((13)))
(12) "Waste generation site" means any geographical area that
has been assigned an EPA/state identification number.
Sec.
2. RCW
70.95E.020 and 1994 sp.s. c 2 s 3 and 1994 c 136 s 2 are each reenacted and
amended to read as follows:
A fee
is imposed for the privilege of generating ((or potentially generating))
hazardous waste in the state. The annual amount of the fee shall be
thirty-five dollars upon every ((known generator or potential)) hazardous
waste generator doing business in Washington in the current calendar year
or any part thereof. This fee shall be collected by the department ((of
revenue)) or its designee. A ((potential)) hazardous
waste generator shall be exempt from the fee imposed under this section if
the value of products, gross proceeds of sales, or gross income of the
business, from all business activities of the ((potential)) hazardous
waste generator, is less than twelve thousand dollars in the current
calendar year. The department shall, subject to appropriation, use the funds
collected from the fees assessed in this subsection to support the activities
of the office of waste reduction as specified in RCW 70.95C.030. The fee
imposed pursuant to this section is due annually by July 1 of the year
following the calendar year for which the fee is imposed((, except the fee
scheduled to be imposed for calendar year 1993 shall be imposed on known
generators only)).
Sec.
3. RCW
70.95E.050 and 1994 c 136 s 4 are each amended to read as follows:
In
administration of this chapter for the enforcement and collection of the fees
due and owing under ((this chapter)) RCW 70.95E.020 and 70.95E.030,
the department ((of revenue is authorized to)) may apply ((the
provisions of chapter 82.32 RCW, except that the provisions of RCW 82.32.045
shall not apply)) RCW 43.17.240.
Sec.
4. RCW
70.95E.090 and 1990 c 114 s 19 are each amended to read as follows:
The
department may use funds in the hazardous waste assistance account to provide
technical assistance and compliance education assistance to hazardous substance
users and waste generators, to provide grants to local governments, and for
administration of this chapter. ((The department of revenue shall be
appropriated a percentage amount of the total fees collected, not to exceed two
percent of the total fees collected, for administration and collection expenses
incurred by the department of revenue.))
Technical
assistance may include the activities authorized under chapter 70.95C RCW and
RCW 70.105.170 to encourage hazardous waste reduction and hazardous use
reduction and the assistance provided for by RCW 70.105.100(2).
Compliance
education may include the activities authorized under RCW 70.105.100(2) to
train local agency officials and to inform hazardous substance users and
hazardous waste generators and owners and operators of hazardous waste
management facilities of the requirements of chapter 70.105 RCW and related
federal laws and regulations. To the extent practicable, the department
shall contract with private businesses to provide compliance education.
Grants
to local governments shall be used for small quantity generator technical
assistance and compliance education components of their moderate risk waste
plans as required by RCW 70.105.220.
NEW SECTION. Sec. 5. This act
is 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.
