H-2312.3 _______________________________________________
SUBSTITUTE HOUSE BILL 1681
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By House Committee on Agriculture & Ecology (originally sponsored by Representatives Clements, Linville and Cooke)
Read first time 03/05/97.
AN ACT Relating to solid waste; amending RCW 70.95.010, 70.95.020, and 70.95.040; adding a new section to chapter 70.95 RCW; repealing RCW 70.95.050; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.95.010 and 1989 c 431 s 1 are each amended to read as follows:
The legislature finds:
(1) Continuing technological changes in methods of manufacture, packaging, and marketing of consumer products, together with the economic and population growth of this state, the rising affluence of its citizens, and its expanding industrial activity have created new and ever-mounting problems involving disposal of garbage, refuse, and solid waste materials resulting from domestic, agricultural, and industrial activities.
(2) Traditional methods of disposing of solid wastes in this state are no longer adequate to meet the ever-increasing problem. Improper methods and practices of handling and disposal of solid wastes pollute our land, air and water resources, blight our countryside, adversely affect land values, and damage the overall quality of our environment.
(3)
((Considerations of natural resource limitations, energy shortages,
economics and the environment make necessary the development and implementation
of solid waste recovery and/or recycling plans and programs.)) The
primary objectives of solid waste management are resource conservation and
protection of human health and the environment. Waste reduction conserves
energy, water, land, and other natural resources. Recycling often conserves
natural resources by reducing reliance on virgin materials.
(4) Waste reduction must become a fundamental strategy of solid waste management. It is therefore necessary to change manufacturing and purchasing practices and waste generation behaviors to reduce the amount of waste that becomes a governmental responsibility.
(5) Source separation of waste must become a fundamental strategy of solid waste management. Collection and handling strategies should have, as an ultimate goal, the source separation of all materials with resource value or environmental hazard.
(6) Solid waste management, including waste reduction and recycling, should be based on sound economic principles.
(7)(a) It is the responsibility of every person to minimize his or her production of wastes and to separate recyclable or hazardous materials from mixed waste.
(b)
It is the responsibility of state, county, and city governments to provide for
a waste management infrastructure to fully implement waste reduction and source
separation strategies and to process and dispose of remaining wastes in a
manner that is environmentally safe and economically sound. It is further the
responsibility of state, county, and city governments to ((monitor the
cost-effectiveness and environmental safety of combusting separated waste,
processing mixed waste, and recycling programs)) improve the efficiency
of recycling services and programs, and to revise rules that impair the
efficiency of services.
(c) It is the responsibility of county and city governments to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies.
(d) It is the responsibility of state government to ensure that local governments are providing adequate source reduction and separation opportunities and incentives to all, including persons in both rural and urban areas, and nonresidential waste generators such as commercial, industrial, and institutional entities, recognizing the need to provide flexibility to accommodate differing population densities, distances to and availability of recycling markets, and collection and disposal costs in each community; and to provide county and city governments with adequate technical resources and financial assistance to accomplish this responsibility.
(((7)))
(8) Environmental and economic considerations in solving the state's
solid waste management problems require((s)) strong consideration by
local governments of regional solutions and intergovernmental cooperation.
(((8)))
(9) The following priorities for the collection, handling, and
management of solid waste are necessary and should be followed in descending
order as applicable:
(a) Waste reduction;
(b) Recycling, with source separation of recyclable materials as the preferred method;
(c) Energy recovery, incineration, or landfill of separated waste;
(d) Energy recovery, incineration, or landfilling of mixed wastes.
(((9)))
(10) It is the state's short-term goal to achieve a fifty percent
recycling rate ((by 1995)). The state's long-term goal is to
eliminate or minimize waste to the greatest extent practical.
(((10)))
(11) Steps should be taken to make recycling at least as affordable and
convenient to the ratepayer as mixed waste disposal.
(((11)))
(12) It is necessary to compile and maintain adequate data on the types
and quantities of solid waste that are being generated and to monitor how the
various types of solid waste are being managed.
(((12)))
(13) Vehicle batteries should be recycled and the disposal of vehicle
batteries into landfills or incinerators should be discontinued.
(((13)))
(14) Excessive ((and)), nonrecyclable, and difficult to
recycle packaging of products should be avoided.
(((14)))
(15) Comprehensive education should be conducted throughout the state so
that people are informed of the need and opportunity to reduce, source
separate, and recycle solid waste, as well as to purchase products made from
recycled materials.
(((15)))
(16) All governmental entities in the state should set an example by
implementing aggressive waste reduction and recycling programs at their
workplaces and by purchasing products that are made from recycled materials and
are recyclable.
(((16)))
(17) To ensure the safe and efficient operations of solid waste disposal
facilities, it is necessary for operators and regulators of landfills and
incinerators to receive training and certification.
(((17)))
(18) It is necessary to provide adequate funding to all levels of
government so that successful waste reduction and recycling programs can be
implemented.
(((18)))
(19) The development of stable and expanding markets for recyclable
materials is critical to the long-term success of the state's recycling goals.
Market development must be encouraged on a state, regional, and national basis
to maximize its effectiveness. The state shall assume primary responsibility
for the development of a multifaceted market development program to carry out
the purposes of ((this act)) chapter 431, Laws of 1989.
(((19)))
(20) There is an imperative need to anticipate, plan for, and accomplish
effective storage, control, recovery, and recycling of discarded tires and
other problem wastes with the subsequent conservation of resources and energy.
Sec. 2. RCW 70.95.020 and 1985 c 345 s 2 are each amended to read as follows:
(1)
The purpose of this chapter is to establish a comprehensive state-wide program
for solid waste handling, waste reduction, 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)))
(a) 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)) develop
state-wide policies and serve as a central source for data and information;
(((2)))
(b) To provide for adequate planning for solid waste handling by local
government;
(((3)))
(c) To provide for the adoption and enforcement of basic minimum
performance standards for solid waste handling;
(((4)))
(d) To provide technical and financial assistance to local governments
in the planning, development, and ((conduct)) implementation of
solid waste handling programs;
(((5)))
(e) To encourage storage, proper disposal, and recycling of discarded
vehicle tires and to stimulate private recycling programs throughout the state.
(2) 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. 3. RCW 70.95.040 and 1991 c 319 s 401 are each amended to read as follows:
(1)
There is created a solid waste advisory committee to ((provide consultation
to)) advise the department ((of ecology concerning matters
covered by this chapter. The committee shall advise)) on solid waste
issues, including the development of programs and regulations for solid ((and
dangerous)) waste handling, resource recovery, and waste reduction
and recycling((, and)). The committee shall supply annual
recommendations concerning methods by which existing solid ((and dangerous))
waste handling, resource recovery, and waste reduction and recycling
practices and the laws authorizing them may be supplemented and improved. The
recommendations shall address environmental, economic, regulatory, and market
development issues. The committee may recommend legislative changes to the
department.
(2)
The committee shall consist of ((at least eleven)) up to seventeen
members((, including the assistant director for waste management programs
within the department. The director shall appoint members with due regard to
the interests of the public, local government, tribes, agriculture, industry,
public health, recycling industries, solid waste collection industries, and
resource recovery industries. The term of appointment shall be determined by
the director)). The director of ecology, the director of the department
of community, trade, and economic development, the chair of the utilities and
transportation commission, and the chairs of the appropriate standing
committees of the legislature, or their designees, shall serve as ex officio
members. The remaining members shall represent the following entities:
Cities, counties, local health departments, agriculture, retailers,
manufacturers, the recycling industry, the organic waste recycling industry,
the waste management industry, the environmental community, and the public.
Qualifications for members should include policy expertise on solid waste,
waste reduction, and recycling issues. The members shall be appointed by the
directors of the agencies serving on the committee to two-year terms, with no
more than half the terms expiring in any given year. Members may be
reappointed for up to three terms.
(3) The committee shall elect its own chair and meet at least four times a year, in accordance with such rules of procedure as it shall establish. Members shall receive no compensation for their services but shall be reimbursed their travel expenses while engaged in business of the committee in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
(((3)))
(4) The committee shall ((each year recommend to the governor a
recipient for a "governor's award of excellence" which the governor
shall award for outstanding achievement by an industry, company, or individual
in the area of hazardous waste or solid waste management)) receive
agency staff support as available.
(5) The committee may convene technical subcommittees.
NEW SECTION. Sec. 4. A new section is added to chapter 70.95 RCW to read as follows:
(1) The department, in consultation with the solid waste advisory committee, shall develop a state-wide solid waste stream analysis pursuant to RCW 70.95.280 through 70.95.290.
(2) The department, in consultation with the solid waste advisory committee, shall revise its state solid waste plan using information from the analysis in subsection (1) of this section. At a minimum, the plan shall identify:
(a) Methods to improve waste reduction and recycling efforts in the state;
(b) Waste streams to be targeted for waste reduction, recycling, and reuse efforts;
(c) Waste reduction and recycling goals for specific waste streams, including but not limited to, construction and demolition debris, food wastes, agricultural wastes, and land clearing wastes; and
(d) Legislative or regulatory changes needed to implement RCW 70.95.010.
(3) This section expires June 30, 1999.
NEW SECTION. Sec. 5. RCW 70.95.050 and 1969 ex.s. c 134 s 5 are each repealed.
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