AN
ACT Relating to fertilizer regulation; amending RCW 15.54.270, 15.54.275,
15.54.325, 15.54.330, 15.54.340, 15.54.380, 15.54.414, 15.54.420, 15.54.436,
15.54.470, 15.54.474, 15.54.480, 15.54.800, 70.95.030, 70.95.240, and
43.21B.110; adding new sections to chapter 15.54 RCW; adding a new section to
chapter 70.95 RCW; creating new sections; repealing RCW 15.54.335 and
70.95.830; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
The legislature intends to strengthen the state's fertilizer adulteration laws
to protect human health and the environment by:
(a)
Ensuring that all fertilizers meet standards for allowable metals;
(b)
Allowing fertilizer purchasers and users to know about the contents of
fertilizer products; and
(c)
Clarifying the department of ecology's oversight authority over waste-derived
fertilizers.
(2)
The legislature intends to provide better information to the public on
fertilizers, soils, and potential health effects by authorizing additional
studies on plant uptake of metals and levels of dioxins in soils and products.
Sec.
2. RCW
15.54.270 and 1997 c 427 s 1 are each amended to read as follows:
Terms
used in this chapter have the meaning given to them in this chapter unless the
context clearly indicates otherwise.
(1)
"Brand" means a term, design, or trademark used in connection with
the distribution and sale of one or more grades of commercial fertilizers.
(2)
"Bulk fertilizer" means commercial fertilizer distributed in a ((nonpackage))
nonpackaged form such as, but not limited to, tote bags, tote tanks,
bins, tanks, trailers, spreader trucks, and railcars.
(3)
"Calcium carbonate equivalent" means the acid-neutralizing capacity
of an agricultural liming material expressed as a weight percentage of calcium
carbonate.
(4)
"Commercial fertilizer" means a substance containing one or more
recognized plant nutrients and that is used for its plant nutrient content or
that is designated for use or claimed to have value in promoting plant growth,
and shall include limes, gypsum, and manipulated animal and vegetable
manures((, and a material approved under RCW 70.95.830)). It does not
include unmanipulated animal and vegetable manures, organic waste-derived
material, and other products exempted by the department by rule.
(5)
"Composting" means the controlled aerobic degradation of organic
waste materials. Natural decay of organic waste under uncontrolled conditions
is not composting.
(6)
"Customer-formula fertilizer" means a mixture of commercial
fertilizer or materials of which each batch is mixed according to the
specifications of the final purchaser.
(((6)))
(7) "Department" means the department of agriculture of the
state of Washington or its duly authorized representative.
(((7)))
(8) "Director" means the director of the department of
agriculture.
(((8)))
(9) "Distribute" means to import, consign, manufacture,
produce, compound, mix, or blend commercial fertilizer, or to offer for sale,
sell, barter, exchange, or otherwise supply commercial fertilizer in this
state.
(((9)))
(10) "Distributor" means a person who distributes.
(((10)))
(11) "Fertilizer material" means a commercial fertilizer that either:
(a)
Contains important quantities of no more than one of the primary plant
nutrients: Nitrogen, phosphate, and potash;
(b)
Has eighty-five percent or more of its plant nutrient content present in the
form of a single chemical compound; or
(c)
Is derived from a plant or animal residue or byproduct or natural material
deposit that has been processed in such a way that its content of plant
nutrients has not been materially changed except by purification and
concentration.
(12)
"Grade" means the percentage of total nitrogen, available phosphoric
acid, and soluble potash stated in whole numbers in the same terms, order, and
percentages as in the "guaranteed analysis," unless otherwise allowed
by a rule adopted by the department. Specialty fertilizers may be guaranteed
in fractional units of less than one percent of total nitrogen, available
phosphorus or phosphoric acid, and soluble potassium or potash. Fertilizer
materials, bone meal, manures, and similar materials may be guaranteed in
fractional units.
(((11)))
(13) "Guaranteed analysis."
(a)
Until the director prescribes an alternative form of "guaranteed
analysis" by rule the term "guaranteed analysis" shall mean the
minimum percentage of plant nutrients claimed in the following order and form:
Total nitrogen (N) ............. percent
Available phosphoric acid (P205) percent
Soluble potash (K20) ......... percent
The
percentage shall be stated in whole numbers unless otherwise allowed by the
department by rule.
The
"guaranteed analysis" may also include elemental guarantees for
phosphorus (P) and potassium (K).
(b)
For unacidulated mineral phosphatic material and basic slag, bone, tankage, and
other organic phosphatic materials, the total phosphoric acid or degree of
fineness may also be guaranteed.
(c)
Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium
shall be as allowed or required by rule of the department. The guarantees for
such other nutrients shall be expressed in the form of the element.
(d)
The guaranteed analysis for limes shall include the percentage of calcium or
magnesium expressed as their carbonate; the calcium carbonate equivalent as
determined by methods prescribed by the association of official analytical
chemists; and the minimum percentage of material that will pass respectively a
one hundred mesh, sixty mesh, and ten mesh sieve. The mesh size declaration
may also include the percentage of material that will pass additional mesh
sizes.
(e)
In commercial fertilizer, the principal constituent of which is calcium sulfate
(gypsum), the percentage of calcium sulfate (CaS04.2H20) shall be given along
with the percentage of total sulfur.
(((f)
The guaranteed analysis for a material approved under RCW 70.95.830 and to be
used as a soil amendment shall include the name and percentage of each soil
amending ingredient and the total percentage of all other ingredients.
(12))) (14)
"Imported fertilizer" means any fertilizer distributed into
Washington from any other state, province, or country.
(15)
"Label" means the display of all written, printed, or graphic matter,
upon the immediate container, or a statement accompanying a fertilizer.
(((13)))
(16) "Labeling" includes all written, printed, or graphic
matter, upon or accompanying a commercial fertilizer, or advertisement,
brochures, posters, television, and radio announcements used in promoting the
sale of such fertilizer.
(((14)))
(17) "Licensee" means the person who receives a license to
distribute a commercial fertilizer under the provisions of this chapter.
(((15)))
(18) "Lime" means a substance or a mixture of substances, the
principal constituent of which is calcium or magnesium carbonate, hydroxide, or
oxide, singly or combined.
(((16)))
(19) "Manipulation" means processed or treated in any manner,
including drying to a moisture content less than thirty percent.
(((17)))
(20) "Manufacture" means to compound, produce, granulate, mix,
blend, repackage, or otherwise alter the composition of fertilizer materials.
(((18)))
(21) "Micronutrients" are: Boron; chlorine; cobalt; copper; iron;
manganese; molybdenum; sodium; and zinc.
(22)
"Micronutrient fertilizer" means a produced or imported commercial
fertilizer that contains commercially valuable concentrations of micronutrients
but does not contain commercially valuable concentrations of nitrogen,
phosphoric acid, available phosphorus, potash, calcium, magnesium, or sulfur.
(23)
"Official sample" means a sample of commercial fertilizer taken by
the department and designated as "official" by the department.
(((19)))
(24) "Organic waste-derived material" means grass clippings,
leaves, weeds, bark, plantings, prunings, and other vegetative wastes,
uncontaminated wood waste from logging and milling operations, food wastes,
food processing wastes, and materials derived from these wastes through
composting. "Organic waste-derived material" does not include
products that include biosolids.
(25)
"Packaged fertilizer" means commercial fertilizers, either
agricultural or specialty, distributed in nonbulk form.
(((20)))
(26) "Person" means an individual, firm, brokerage,
partnership, corporation, company, society, or association.
(((21)))
(27) "Percent" or "percentage" means the percentage
by weight.
(((22)))
(28) "Produce" means to compound or fabricate a commercial
fertilizer through a physical or chemical process, or through mining.
"Produce" does not include mixing, blending, or repackaging
commercial fertilizer products.
(29)
"Registrant" means the person who registers commercial fertilizer
under the provisions of this chapter.
(((23)))
(30) "Specialty fertilizer" means a commercial fertilizer
distributed primarily for nonfarm use, such as, but not limited to, use on home
gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries,
greenhouses, and nurseries.
(((24)))
(31) "Ton" means the net weight of two thousand pounds
avoirdupois.
(((25)))
(32) "Total nutrients" means the sum of the percentages of
total nitrogen, available phosphoric acid, and soluble potash as guaranteed and
as determined by analysis.
(33)
"Washington application rate" is calculated by using an averaging
period of up to four consecutive years that incorporates agronomic rates that
are representative of soil, crop rotation, and climatic conditions in
Washington state.
(34)
"Waste-derived fertilizer" means a commercial fertilizer that is
derived in whole or in part from solid waste as defined in chapter 70.95 or
70.105 RCW, or rules adopted thereunder, but does not include fertilizers
derived from biosolids or biosolids products regulated under chapter 70.95J RCW
or wastewaters regulated under chapter 90.48 RCW.
Sec.
3. RCW
15.54.275 and 1993 c 183 s 2 are each amended to read as follows:
(1)
No person may distribute a ((commercial)) bulk fertilizer in this
state((, except packaged fertilizers,)) until a license to distribute
has been obtained by that person. An annual license is required for each
out-of-state or in-state location that distributes ((nonpackaged commercial))
bulk fertilizer in Washington state. An application for each location
shall be filed on forms provided by the master license system and shall be
accompanied by an annual fee of twenty-five dollars per location. The license
shall expire on the master license expiration date.
(2)
An application for license shall include the following:
(a)
The name and address of licensee.
(b)
Any other information required by the department by rule.
(3)
The name and address shown on the license shall be shown on all labels,
pertinent invoices, and storage facilities for fertilizer distributed by the
licensee in this state.
(4)
If an application for license renewal provided for in this section is not filed
prior to (([the])) the master license expiration date, a
delinquency fee of twenty-five dollars shall be assessed and added to the
original fee and shall be paid by the applicant before the renewal license
shall be issued. The assessment of this delinquency fee shall not prevent the
department from taking any other action as provided for in this chapter. The
penalty shall not apply if the applicant furnishes an affidavit that he or she
has not distributed this commercial fertilizer subsequent to the expiration of
his or her prior license.
Sec.
4. RCW
15.54.325 and 1993 c 183 s 3 are each amended to read as follows:
(1)
No person may distribute in this state a ((packaged)) commercial
fertilizer until it ((is)) has been registered with the
department by the ((distributor whose name appears on the label)) producer,
importer, or packager of that product. A bulk fertilizer does not require
registration if all commercial fertilizer products contained in the final
product are registered.
(2)
An application for ((each packaged fertilizer product)) registration
shall be made on a form furnished by the department and shall be accompanied by
((an initial)) a fee of twenty-five dollars for ((the first))
each product ((and ten dollars for each additional product)).
Labels for each product shall accompany the application. All companies
planning to mix ((packaged)) customer-formula fertilizers shall include
the statement "customer-formula grade mixes" under the column headed
"product name" on the product registration application form. All
customer-formula fertilizers sold under one brand name shall be considered one
product. ((Upon the approval of an application by the department, a copy of
the registration shall be furnished to the applicant. All registrations expire
on June 30th of each year except that for the period beginning January 1, 1994,
the registration shall expire on June 30, 1995.
(2))) (3)
An application for registration shall include the following:
(a)
The product name;
(b)
The brand and grade;
(c)
The guaranteed analysis;
(d)
Name ((and)), address, and phone number of the registrant;
(e)
Labels for each product being registered;
(f)
Identification of those products that are (i) waste-derived fertilizers,
(ii) micronutrient fertilizers, or (iii) fertilizer materials containing
phosphate;
(g)
Identification of the fertilizer components in the commercial fertilizer
product and verification that all the components are registered. If any of the
components are not registered, then the application must include the
concentration of each metal in each fertilizer component, for which standards
are established under RCW 15.54.800;
(h)
Waste-derived fertilizers and micronutrient fertilizers shall include at a
minimum, information to ensure the product complies with chapter 70.105 RCW and
the resource conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.; and
(i)
Any other information required by the department by rule.
(((3)))
(4) If an application for renewal of the product registration provided
for in this section is not filed prior to July 1st of any one year, a penalty
of ten dollars per product shall be assessed and added to the original fee and
shall be paid by the applicant before the renewal registration shall be
issued. The assessment of this late collection fee shall not prevent the department
from taking any other action as provided for in this chapter. The penalty
shall not apply if the applicant furnishes an affidavit that he or she has not
distributed this commercial fertilizer subsequent to the expiration of his or
her prior registration.
Sec.
5. RCW
15.54.330 and 1993 c 183 s 4 are each amended to read as follows:
(1)
The department shall examine the ((packaged)) commercial
fertilizer product registration application form and labels for conformance
with the requirements of this chapter. If the application and appropriate
labels are in proper form and contain the required information, the particular
((packaged)) commercial fertilizer products shall be registered
by the department and a certificate of registration shall be issued to the
applicant. All registrations expire June 30th of each year.
(2)
In reviewing the ((packaged)) commercial fertilizer product
registration application, the department may consider experimental data,
manufacturers' evaluations, data from agricultural experiment stations, product
review evaluations, or other authoritative sources to substantiate labeling
claims. The data shall be from statistically designed and analyzed trials
representative of the soil, crops, and climatic conditions found in the
northwestern area of the United States.
(3)
In determining whether approval of a labeling statement or guarantee of an
ingredient is appropriate, the department may require the submission of a
written statement describing the methodology of laboratory analysis utilized,
the source of the ingredient material, and any reference material relied upon
to support the label statement or guarantee of ingredient.
(4)
Before registering a waste-derived fertilizer or micronutrient fertilizer, the
department shall obtain written approval from the department of ecology as
provided in RCW 15.54.800. Once a waste-derived fertilizer or micronutrient
fertilizer has been approved by the department of ecology, its subsequent use
in another product during that registration cycle shall not require department
of ecology review. This subsection shall apply to new and renewal registration
applications for periods beginning July 1, 1999, and thereafter.
Sec.
6. RCW
15.54.340 and 1993 c 183 s 5 are each amended to read as follows:
(1)
Any ((packaged)) commercial fertilizer distributed in this state
((in containers)) shall have placed on or affixed to the package a label
setting forth in clearly legible and conspicuous form the following
information:
(a)
The net weight;
(b)
The product name, brand, and grade. The grade is not required if no primary
nutrients are claimed;
(c)
The guaranteed analysis;
(d)
The name and address of the registrant or licensee. The name and address of
the manufacturer, if different from the registrant or licensee, may also be
stated; ((and))
(e)
Any information required under WAC 296-62-054;
(f)
At a minimum the following labeling statement: "This product has been
registered with the Washington State Department of Agriculture. When applied
as directed, this fertilizer meets the Washington standards for arsenic,
cadmium, cobalt, mercury, molybdenum, lead, nickel, selenium, and zinc. You
have the right to receive specific information about Washington standards from
the distributor of this product.";
(g)
After July 1, 1999, the label must also state: "Information received by
the Washington State Department of Agriculture regarding the components in this
product is available on the internet at http://www.wa.gov/agr/."; and
(h)
Other information as required by the department by rule.
(2)
If a commercial fertilizer is distributed in bulk, a written or printed
statement of the information required by subsection (1) ((above)) of
this section shall accompany delivery and be supplied to the purchaser at
the time of delivery.
(3)
Each delivery of a customer-formula fertilizer shall be subject to containing
those ingredients specified by the purchaser, which ingredients shall be shown
on the statement or invoice with the amount contained therein, and a record of
all invoices of customer-formula grade mixes shall be kept by the registrant or
licensee for a period of twelve months and shall be available to the department
upon request: PROVIDED, That each such delivery shall be accompanied by either
a statement, invoice, a delivery slip, or a label if bagged, containing the
following information: The net weight; the brand; the guaranteed analysis
which may be stated to the nearest tenth of a percent or to the next lower
whole number; the name and address of the registrant or licensee, or
manufacturer, or both; and the name and address of the purchaser.
(4)
Any person who distributes a commercial fertilizer in this state shall make
available to the purchaser on request, a copy of standards for metals
established in RCW 15.54.800.
Sec.
7. RCW
15.54.380 and 1993 c 183 s 9 are each amended to read as follows:
(1)
If the analysis shall show that any commercial fertilizer falls short of the
guaranteed analysis in any one plant nutrient or in total nutrients, penalty
shall be assessed in favor of the department in accordance with the following
provisions:
(a)
A penalty of three times the commercial value of the deficiency, if such
deficiency in any one plant nutrient is more than two percent under guarantee
on any one commercial fertilizer in which that plant nutrient is guaranteed up
to and including ten percent; a penalty of three times the commercial value of
the deficiency, if such deficiency in any one plant nutrient is more than three
percent under guarantee on any one commercial fertilizer in which that plant
nutrient is guaranteed from ten and one-tenth percent to twenty percent; a
penalty of three times the commercial value of the deficiency, if such
deficiency in any one plant nutrient is more than four percent under guarantee
on any one commercial fertilizer in which that plant nutrient is guaranteed
twenty and one-tenth percent and above.
(b)
A penalty of three times the commercial value of the total nutrient deficiency
shall be assessed when such deficiency is more than two percent under the
calculated total nutrient guarantee.
(c)
When a commercial fertilizer is subject to penalty under both (a) and (b) ((above))
of this subsection, only the larger penalty shall be assessed.
(2)
All penalties assessed under this section on any one commercial fertilizer,
represented by the sample analyzed, shall be paid to the department within
three months after the date of notice from the department to the registrant or
licensee. The department shall deposit the amount of the penalty into ((the
fertilizer, agricultural mineral and lime account)) an account with the
agricultural local fund.
(3)
Nothing contained in this section shall prevent any person from appealing to a
court of competent jurisdiction for a judgment as to the justification of such
penalties imposed under subsections (1) and (2) ((above)) of this
section.
(4)
The civil penalties payable in subsections (1) and (2) ((above)) of
this section shall in no manner be construed as limiting the consumer's
right to bring a civil action in damage against the registrant or licensee paying
said civil penalties.
Sec.
8. RCW
15.54.414 and 1993 c 183 s 10 are each amended to read as follows:
No
person may distribute an adulterated commercial fertilizer. A commercial
fertilizer is adulterated:
(1)
If it contains any deleterious or harmful ((ingredient)) substance
in sufficient amount to render it injurious to beneficial plant life when
applied in accordance with directions for use on the label, or if adequate
warning statements or directions for use which may be necessary to protect
plant life are not shown upon the label;
(2)
If its composition falls below or differs from that which it is purported to
possess by its labeling; ((or))
(3)
If it contains unwanted viable seed; or
(4)
If the concentration of any nonnutritive constituent in a representative sample
of commercial fertilizer exceeds the maximum concentration stated on the
registration application or on the label.
Sec.
9. RCW
15.54.420 and 1993 c 183 s 11 are each amended to read as follows:
It
shall be unlawful for any person to:
(1)
Distribute an adulterated or misbranded commercial fertilizer;
(2)
Fail, refuse, or neglect to place upon or attach to each package of distributed
commercial fertilizer a label containing all of the information required by
this chapter;
(3)
Fail, refuse, or neglect to deliver to a purchaser of bulk commercial
fertilizer a statement containing the information required by this chapter;
(4)
Distribute a ((packaged)) commercial fertilizer product which has
not been registered with the department;
(5)
Distribute bulk fertilizer without holding a license to do so;
(6)
((Distribute unregistered packaged fertilizer. It is the responsibility of
the person who manufactures or subsequently packages that fertilizer to
register it prior to distribution in this state;
(7)))
Refuse or neglect to keep and maintain records, or to make reports when and as
required; or
(((8)))
(7) Make false or fraudulent applications, records, invoices, or
reports.
Sec.
10. RCW
15.54.436 and 1993 c 183 s 12 are each amended to read as follows:
The
department may cancel the license to distribute commercial fertilizer or
registration of any ((packaged)) commercial fertilizer product or
refuse to license a distributor or register any ((packaged)) commercial
fertilizer product as provided in this chapter due to:
(1)
An incomplete or insufficient license or registration application;
(2)
The misbranding or adulteration of a commercial fertilizer; or
(3)
A violation of this chapter or rules adopted under this chapter.
If
the department cancels or refuses to renew an existing license or registration
due to the misbranding or adulteration of a commercial fertilizer or due to a
violation of this chapter or a rule adopted hereunder, the licensee/registrant
or applicant may request a hearing as provided for in chapter 34.05 RCW.
Sec.
11. RCW
15.54.470 and 1993 c 183 s 13 are each amended to read as follows:
(1)
Any person who violates any provision of this chapter shall be guilty of a
misdemeanor, and the fines collected shall be disposed of as provided under RCW
15.54.480.
(2)
Nothing in this chapter shall be considered as requiring the department to
report for prosecution or to cancel the registration of a ((packaged)) commercial
fertilizer product or to stop the sale of fertilizers for violations of this
chapter, when violations are of a minor character, and/or when the department
believes that the public interest will be served and protected by a suitable
notice of the violation in writing.
(3)
It shall be the duty of each prosecuting attorney to whom any violation of this
chapter is reported, to cause appropriate proceedings to be instituted and
prosecuted in a court of competent jurisdiction without delay. Before the
department reports a violation of this chapter for such prosecution, an
opportunity shall be given the distributor to present his or her view in
writing or orally to the department.
(4)
The department is hereby authorized to apply for, and the court authorized to
grant, a temporary or permanent injunction restraining any person from
violating or continuing to violate any of the provisions of this chapter or any
rule adopted under this chapter, notwithstanding the existence of any other
remedy at law. Any such injunction shall be issued without bond.
Sec.
12. RCW
15.54.474 and 1987 c 45 s 10 are each amended to read as follows:
Every
person who fails to comply with this chapter, or any rule adopted under it, may
be subjected to a civil penalty, as determined by the director, in an amount of
not more than ((one)) seven thousand five hundred dollars
for every such violation. Each and every such violation shall be a separate
and distinct offense. Every person, who, through an act of commission or
omission, procures, aids, or abets in the violation shall be considered to have
violated this chapter and may be subject to the penalty provided for in this
section.
Sec.
13. RCW
15.54.480 and 1988 c 254 s 3 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, all moneys collected
under the provisions of this chapter shall be paid to the director and
deposited in an account within the agricultural local fund. Such deposits
shall be used only in the administration and enforcement of this chapter. ((Any
residual balance remaining in the fertilizer, agricultural mineral and lime
fund on June 9, 1988, shall be transferred to that account within the
agricultural local fund.))
(2)
Moneys collected under RCW 15.54.474 shall be deposited in the general fund.
NEW
SECTION. Sec. 14. The
department of agriculture shall conduct a comprehensive study of plant uptake
of metals. The department shall work cooperatively with the department of
ecology and the department of health to interpret the study results regarding
potential impacts to public and environmental health. A report of the results
of the study shall be submitted to appropriate committees of the legislature by
December 31, 2000.
Sec.
15. RCW
15.54.800 and 1997 c 427 s 3 are each amended to read as follows:
(1)
The director shall administer and enforce the provisions of this chapter and
any rules adopted under this chapter. All authority and requirements provided
for in chapter 34.05 RCW apply to this chapter in the adoption of rules.
(2)
The director may adopt appropriate rules for carrying out the purpose and
provisions of this chapter, including but not limited to rules providing for:
(a)
Definitions of terms;
(b)
Determining standards for labeling and registration of commercial fertilizers;
(c)
The collection and examination of commercial fertilizers;
(d)
Recordkeeping by registrants and licensees;
(e)
Regulation of the use and disposal of commercial fertilizers for the protection
of ground water and surface water; and
(f)
The safe handling, transportation, storage, display, and distribution of
commercial fertilizers.
(3)(a)
Standards are established for allowable levels of nonnutritive substances in
commercial fertilizers. These standards are Canadian figures for agricultural
and agri-food Canadian maximum acceptable cumulative metal additions to soil
established under Trade Memorandum T-4-93 dated August 1996. Washington
application rates shall be used to ensure that the maximum acceptable
cumulative metal additions to soil are not exceeded.
(b)
If federal or other risk-based standards are adopted or scientific
peer-reviewed studies show that the standards adopted in this section are not
at the appropriate level to protect human health or the environment, the
department, in consultation with the departments of ecology and health, may
initiate a rule making to amend these standards.
NEW
SECTION. Sec. 16. A
new section is added to chapter 15.54 RCW to read as follows:
(1)
After receipt from the department of the completed application required by RCW
15.54.325, the department of ecology shall evaluate whether the use of the
proposed waste-derived fertilizer or the micronutrient fertilizer as defined in
RCW 15.54.270 is consistent with the following:
(a)
Chapter 70.95 RCW, the solid waste management act;
(b)
Chapter 70.105 RCW, the hazardous waste management act; and
(c)
42 U.S.C. Sec. 6901 et seq., the resource conservation and recovery act.
(2)
The department of ecology shall apply the standards adopted in RCW 15.54.800.
If more stringent standards apply under chapter 173-303 WAC for the same
constituents, the department of ecology must use the more stringent standards.
(3)
Within sixty days of receiving the completed application, the department of
ecology shall advise the department as to whether the application complies with
the requirements of subsections (1) and (2) of this section. In making a
determination, the department of ecology shall consult with the department of
health and the department of labor and industries.
(4)
A party aggrieved by a decision of the department of ecology to issue a written
approval under this section or to deny the issuance of such an approval may
appeal the decision to the pollution control hearings board within thirty days
of the decision. Review of such a decision shall be conducted in accordance
with chapter 43.21B RCW. Any subsequent appeal of a decision of the hearings
board shall be obtained in accordance with RCW 43.21B.180.
Sec.
17. RCW
70.95.030 and 1997 c 213 s 1 are each amended to read as follows:
As
used in this chapter, unless the context indicates otherwise:
(1)
"City" means every incorporated city and town.
(2)
"Commission" means the utilities and transportation commission.
(3)
"Committee" means the state solid waste advisory committee.
(4)
"Composted material" means organic solid waste that has been
subjected to controlled aerobic degradation at a solid waste facility in
compliance with the requirements of this chapter. Natural decay of organic
solid waste under uncontrolled conditions does not result in composted
material.
(5)
"Department" means the department of ecology.
(((5)))
(6) "Director" means the director of the department of
ecology.
(((6)))
(7) "Disposal site" means the location where any final
treatment, utilization, processing, or deposit of solid waste occurs.
(((7)))
(8) "Energy recovery" means a process operating under federal
and state environmental laws and regulations for converting solid waste into
usable energy and for reducing the volume of solid waste.
(((8)))
(9) "Functional standards" means criteria for solid waste
handling expressed in terms of expected performance or solid waste handling
functions.
(((9)))
(10) "Incineration" means a process of reducing the volume of
solid waste operating under federal and state environmental laws and
regulations by use of an enclosed device using controlled flame combustion.
(((10)))
(11) "Jurisdictional health department" means city, county,
city-county, or district public health department.
(((11)))
(12) "Landfill" means a disposal facility or part of a
facility at which solid waste is placed in or on land and which is not a land
treatment facility.
(((12)))
(13) "Local government" means a city, town, or county.
(((13)))
(14) "Modify" means to substantially change the design or
operational plans including, but not limited to, removal of a design element
previously set forth in a permit application or the addition of a disposal or
processing activity that is not approved in the permit.
(((14)))
(15) "Multiple family residence" means any structure housing
two or more dwelling units.
(((15)))
(16) "Person" means individual, firm, association,
copartnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity whatsoever.
(((16)))
(17) "Recyclable materials" means those solid wastes that are
separated for recycling or reuse, such as papers, metals, and glass, that are
identified as recyclable material pursuant to a local comprehensive solid waste
plan. Prior to the adoption of the local comprehensive solid waste plan,
adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable
materials by ordinance from July 23, 1989.
(((17)))
(18) "Recycling" means transforming or remanufacturing waste
materials into usable or marketable materials for use other than landfill
disposal or incineration.
(((18)))
(19) "Residence" means the regular dwelling place of an
individual or individuals.
(((19)))
(20) "Sewage sludge" means a semisolid substance consisting of
settled sewage solids combined with varying amounts of water and dissolved
materials, generated from a wastewater treatment system, that does not meet the
requirements of chapter 70.95J RCW.
(((20)))
(21) "Soil amendment" means any substance that is intended to
improve the physical characteristics of the soil, except composted material,
commercial fertilizers, agricultural liming agents, unmanipulated animal
manures, unmanipulated vegetable manures, food wastes, food processing wastes,
and materials exempted by rule of the department, such as biosolids as defined
in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.
(22)
"Solid waste" or "wastes" means all putrescible and
nonputrescible solid and semisolid wastes including, but not limited to,
garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition
and construction wastes, abandoned vehicles or parts thereof, and recyclable
materials.
(((21)))
(23) "Solid waste handling" means the management, storage,
collection, transportation, treatment, utilization, processing, and final
disposal of solid wastes, including the recovery and recycling of materials
from solid wastes, the recovery of energy resources from solid wastes or the
conversion of the energy in solid wastes to more useful forms or combinations
thereof.
(((22)))
(24) "Source separation" means the separation of different
kinds of solid waste at the place where the waste originates.
(((23)))
(25) "Vehicle" includes every device physically capable of
being moved upon a public or private highway, road, street, or watercourse and
in, upon, or by which any person or property is or may be transported or drawn
upon a public or private highway, road, street, or watercourse, except devices
moved by human or animal power or used exclusively upon stationary rails or
tracks.
(((24)))
(26) "Waste-derived soil amendment" means any soil amendment as
defined in this chapter that is derived from solid waste as defined in RCW
70.95.030, but does not include biosolids or biosolids products regulated under
chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.
(27)
"Waste reduction" means reducing the amount or toxicity of waste
generated or reusing materials.
NEW
SECTION. Sec. 18. A
new section is added to chapter 70.95 RCW to read as follows:
(1)
Waste-derived soil amendments that meet the standards and criteria in this
section may apply for exemption from solid waste permitting as required under
RCW 70.95.170. The application shall be submitted to the department in a
format determined by the department or an equivalent format. The application
shall include:
(a)
Analytical data showing that the waste-derived soil amendments meet standards
established under RCW 15.54.800; and
(b)
Other information deemed appropriate by the department to protect human health
and the environment.
(2)
After receipt of an application, the department shall review it to determine
whether the application is complete, and forward a copy of the complete
application to all interested jurisdictional health departments for review and
comment. Within forty-five days, the jurisdictional health departments shall
forward their comments and any other information they deem relevant to the
department, which shall then give final approval or disapproval of the
application. Every complete application shall be approved or disapproved by
the department within ninety days after receipt.
(3)
The department, after providing opportunity for comments from the
jurisdictional health departments, may at any time revoke an exemption granted
under this section if the quality or use of the waste-derived soil amendment
changes or the management, storage, or end use of the waste-derived soil
amendment constitutes a threat to human health or the environment.
(4)
Any aggrieved party may appeal the determination by the department in
subsection (2) or (3) of this section to the pollution control hearings board.
Sec.
19. RCW
70.95.240 and 1997 c 427 s 4 are each amended to read as follows:
(1)
After the adoption of regulations or ordinances by any county, city, or
jurisdictional board of health providing for the issuance of permits as
provided in RCW 70.95.160, it shall be unlawful for any person to dump or
deposit or permit the dumping or depositing of any solid waste onto or under
the surface of the ground or into the waters of this state except at a solid
waste disposal site for which there is a valid permit. This section ((shall))
does not:
(a)
Prohibit a person from dumping or depositing solid waste resulting from his or
her own activities onto or under the surface of ground owned or leased by
him or her when such action does not violate statutes or ordinances, or
create a nuisance; ((or))
(b)
((Apply to a person using a material or materials on the land as commercial
fertilizer if (i) the department of ecology has issued written approval for the
use of the material or materials as commercial fertilizer as provided in RCW
70.95.830, (ii) the registration of the material or materials as a packaged
commercial fertilizer has not been canceled under RCW 15.54.335, and (iii) the
distribution of the material or materials as a commercial fertilizer has not
been prohibited by the department of agriculture under RCW 15.54.335)) Apply
to a person using a waste-derived soil amendment that has been approved by the
department under section 18 of this act; or
(c)
Apply to the application of commercial fertilizer that has been registered with
the department of agriculture as provided in RCW 15.54.325, and that is applied
in accordance with the standards established in RCW 15.54.800(3).
(2)(a)
It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to
litter in an amount less than or equal to one cubic foot.
(b)
It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to
litter in an amount greater than one cubic foot. Unless suspended or modified
by a court, the person shall also pay a litter cleanup fee of twenty-five
dollars per cubic foot of litter. The court may, in addition to or in lieu of
part or all of the cleanup fee, order the person to pick up and remove litter
from the property, with prior permission of the legal owner or, in the case of
public property, of the agency managing the property.
NEW
SECTION. Sec. 20. The
department of ecology, in conjunction with the departments of agriculture and
health, shall undertake a study of whether dioxins occur in fertilizers, soil
amendments, and soils and if so, at what levels. The department of ecology
shall seek additional financial and technical assistance from appropriate
federal agencies, the fertilizer industry, and other appropriate sources in
conducting this study. The department of ecology shall report its findings to
the legislature in November 1998.
NEW
SECTION. Sec. 21. A
new section is added to chapter 15.54 RCW to read as follows:
(1)
The department shall expand its fertilizer data base to include additional
information required for registration under RCW 15.54.325 and 15.54.330.
(2)
Except for confidential information under RCW 15.54.362 regarding fertilizer
tonnages distributed in the state, information in the fertilizer data base
shall be made available to the public upon request.
(3)
The department, and the department of ecology in consultation with the
department of health, shall biennially prepare a report to the legislature
presenting information on levels of nonnutritive substances in fertilizers.
Results from agency testing of products that were sampled shall also be
displayed. The first such report will be provided to the legislature by
December 1, 1999.
(4)
After July 1, 1999, the department shall post on the internet the information
contained in applications for fertilizer registration.
Sec.
22. RCW
43.21B.110 and 1993 c 387 s 22 are each amended to read as follows:
(1)
The hearings board shall only have jurisdiction to hear and decide appeals from
the following decisions of the department, the director, ((the administrator
of the office of marine safety,)) and the air pollution control boards or
authorities as established pursuant to chapter 70.94 RCW, or local health
departments:
(a)
Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080,
70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.
(b)
Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211,
70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, and 90.48.120.
(c)
The issuance, modification, or termination of any permit, certificate, or
license by the department or any air authority in the exercise of its
jurisdiction, including the issuance or termination of a waste disposal permit,
the denial of an application for a waste disposal permit, or the modification
of the conditions or the terms of a waste disposal permit.
(d)
Decisions of local health departments regarding the grant or denial of solid
waste permits pursuant to chapter 70.95 RCW.
(e)
Decisions of local health departments regarding the issuance and enforcement of
permits to use or dispose of biosolids under RCW 70.95J.080.
(f)
Decisions of the department regarding waste-derived fertilizer or
micronutrient fertilizer under section 16 of this act, and decisions of the
department regarding waste-derived soil amendments under section 18 of this
act.
(g)
Any other decision by the department((, the administrator of the office of
marine safety,)) or an air authority which pursuant to law must be decided
as an adjudicative proceeding under chapter 34.05 RCW.
(2)
The following hearings shall not be conducted by the hearings board:
(a)
Hearings required by law to be conducted by the shorelines hearings board
pursuant to chapter 90.58 RCW.
(b)
Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390,
70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c)
Proceedings by the department relating to general adjudications of water rights
pursuant to chapter 90.03 or 90.44 RCW.
(d)
Hearings conducted by the department to adopt, modify, or repeal rules.
(3)
Review of rules and regulations adopted by the hearings board shall be subject
to review in accordance with the provisions of the Administrative Procedure
Act, chapter 34.05 RCW.
NEW
SECTION. Sec. 23. The
following acts or parts of acts are each repealed:
(1) RCW
15.54.335 and 1997 c 427 s 2; and
(2) RCW
70.95.830 and 1997 c 427 s 5.
NEW
SECTION. Sec. 24. This
act may be known and cited as the fertilizer regulation act.
NEW
SECTION. Sec. 25. If
specific funding for the purposes of this act, referencing this act by bill or
chapter number, is not provided by June 30, 1998, in the omnibus appropriations
act, this act is null and void.
