CERTIFICATION OF ENROLLMENT

 

               SECOND SUBSTITUTE HOUSE BILL 1162

 

 

 

 

 

 

 

                        54th Legislature

                      1995 Regular Session

Passed by the House April 18, 1995

  Yeas 92   Nays 0

 

 

 

 

Speaker of the

       House of Representatives

 

Passed by the Senate April 10, 1995

  Yeas 46   Nays 0

               CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE HOUSE BILL 1162 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

 

President of the Senate

 

                               Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                     FILED

          

 

 

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                  _______________________________________________

 

                         SECOND SUBSTITUTE HOUSE BILL 1162

                  _______________________________________________

 

                             AS AMENDED BY THE SENATE

 

                     Passed Legislature - 1995 Regular Session

 

State of Washington              54th Legislature             1995 Regular Session

 

By House Committee on Appropriations (originally sponsored by Representatives Schoesler and Mastin; by request of Department of Ecology and Department of Revenue)

 

Read first time 03/06/95.

 

Changing collection of hazardous waste fees.



     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.

 


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