H-1343.2  _______________________________________________

                          HOUSE BILL 1681

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Clements, Linville and Cooke

Read first time 02/05/97.  Referred to Committee on Agriculture & Ecology.

Changing solid waste management provisions.

    AN ACT Relating to solid waste; amending RCW 70.95.010, 70.95.020, 70.95.040, 70.95.050, and 36.58.045; and adding a new section to chapter 70.95 RCW.

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 minimizing 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, support development of markets for recyclable materials, 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.

(3) Waste reduction and recycling efforts throughout the state should be based on the following principles:

(a) Waste reduction and recycling policies and programs should seek to align economic incentives and environmental goals;

(b) Waste reduction and recycling policies and programs should be based on an analysis of long-term environmental and economic consequences as well as short-term impacts;

(c) Recycling plans and programs should be delivered efficiently and economically;

(d) Waste reduction and recycling initiatives should strive to balance the roles and responsibilities of local and state government, and government and the private sector;

(e) Waste reduction and recycling systems should be integrated with broader economic and environmental strategies; and

(f) Waste reduction and recycling policies and programs should be flexible enough to respond to the different conditions that prevail in urban and rural areas.

    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 the department of ecology concerning matters covered by this chapter.  The committee shall advise on)) advise the governor and appropriate committees of the legislature 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 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.

    (2) The committee shall consist of ((at least eleven)) up to fifteen 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, and the chair of the utilities and transportation commission, or their designees, shall serve as ex officio members.  The remaining members shall represent the following entities:  Cities, counties, local health departments, agriculture, retailers or 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 staff support from the department.

NEW SECTION. Sec. 4.  A new section is added to chapter 70.95 RCW to read as follows:

    (1) The solid waste advisory committee shall prepare recommendations that will assist in developing and improving economically sound waste reduction and recycling policies and programs.  To the extent feasible, the committee shall:

    (a) Evaluate and recommend methods to increase the quantity of marketable materials that are collected by existing recycling systems, including methods to increase the availability of convenient and effective recycling services for multifamily dwellings and for the commercial sector;

    (b) Evaluate and recommend methods to create markets and collection systems for recyclable materials that represent a significant percentage of waste that is being disposed, including:

    (i) Construction and demolition waste;

    (ii) Industrial waste; and

    (iii) Organic waste, including food, agricultural, and land clearing waste;

    (c) Prepare recommendations for necessary revisions to existing solid waste and recycling rules.  Rules reviewed shall include definitions, permitting requirements, planning responsibilities, rate-setting methods, and accounting requirements;

    (d) Develop annual measurable numeric benchmarks for continual progress toward the state's waste minimization goal, including specific goals for each category included in (b) of this subsection;

    (e) Establish standard protocols and definitions to measure waste reduction and recycling; and

    (f) Assess the potential of using full cost accounting in state and local solid waste planning activities.

    (2) To prepare these recommendations, the committee is encouraged to test or evaluate innovative and efficient programs, services, or technologies.  The committee may use a variety of methods, including:

    (a) Evaluating work done in other jurisdictions;

    (b) Developing and evaluating pilot projects or grant programs to test specific technologies; and

    (c) Preparing quantitative and qualitative analyses.  The member agencies should coordinate with the committee to allocate adequate staff resources to support the committee's work.

    (3) The solid waste advisory committee shall evaluate the recommendations of the 1996 future of recycling study, other related and pertinent data, and any other solid waste issues it deems appropriate, or as requested by the governor or a standing committee of the legislature.

    (4) The solid waste advisory committee shall, in cooperation with appropriate agencies, report annually to the governor and the appropriate standing committees of the legislature.  The report shall include:

    (a) Summaries of the results of the committee's activities and analyses and recommendations;

    (b) Transmittal of an annual status report prepared by the department including the state recycling rate and a summary of the progress made toward reaching the state's waste minimization goal;

    (c) A summary of the types of waste that are being disposed and recycled, including waste minimization trends; and

    (d) Other information the committee deems appropriate.

    Sec. 5.  RCW 70.95.050 and 1969 ex.s. c 134 s 5 are each amended to read as follows:

    ((The department)) (1) The solid waste advisory committee shall have the authority to convene technical subcommittees.

(2) The subcommittees may include additional members who are not official members of the solid waste advisory committee.  Subcommittee members shall be appointed by the chair of the solid waste advisory committee, subject to the approval of the majority of the committee.  Subcommittee members shall not receive any compensation for their services.  At the discretion of the chair, and subject to available funds, subcommittee members may be reimbursed for their travel expenses.

(3) The appropriate member agency, as determined by the committee chair in consultation with the agency members of the committee, shall furnish necessary staff services and facilities required by the ((solid waste advisory committee)) technical subcommittees.

    Sec. 6.  RCW 36.58.045 and 1989 c 431 s 15 are each amended to read as follows:

    (1) The legislative authority of any county with an approved solid waste management plan, or any city that has an approved solid waste management plan in accordance with RCW 70.95.080(1), may impose a fee upon the solid waste collection services of a solid waste collection company operating within the ((unincorporated areas of the county, to fund the administration and planning expenses that may be incurred by the county in complying with the requirements in RCW 70.95.090)) planning area.  The planning area includes all incorporated and unincorporated areas covered by the plan.  The fee may be in addition to any other solid waste services fees and charges a county or city may legally impose.  This section does not affect or limit the authority of any city or county to collect any other taxes or fees provided by law.

    (2) The fee may be imposed on both residential and commercial customers.  The fee may be:

(a) A percentage of the charge for solid waste collection services;

(b) Based on volume;

(c) Based on weight;

(d) A flat fee per residence; or

(e) Another method determined by the city or county to be equitable.

(3) Revenues collected by the fee in subsection (2) of this section may be used to implement any portion of the approved solid waste management plan, except:

(a) Capital construction financing shall be limited to:

(i) Remedial actions necessary to bring abandoned or closed landfills into compliance with regulatory requirements;

(ii) The repair, restoration, or replacement of existing solid waste transfer or recycling facilities;

(iii) The opening of landfill cells that are in existing and permitted landfills; and

(iv) Retirement of debt for capital construction projects that was acquired before July 1, 1997; and

(b) Revenues may not be used to finance operating costs for landfill disposal or incineration of solid waste.  For purposes of this subsection, solid waste does not include moderate risk waste.

(4) Each county or city imposing the fee authorized by this section shall notify the Washington utilities and transportation commission and the affected solid waste collection companies of the amount of the fee ninety days prior to its implementation. The public or private collection entity providing services subject to this fee shall list the fee as a separate line item on consumers' bills that clearly identifies the local government imposing the fee.

                            --- END ---