Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Agriculture & Ecology Committee

SB 5093

Brief Description:  Modifying provisions concerning the unlawful dumping of solid waste.

Sponsors:  By Senators T. Sheldon, Oke and Rasmussen.

Brief Summary of Bill

$Specifies that it is a civil infraction to litter in excess of one cubic foot in an incorporated portion of a county.

Hearing Date:  3/8/01

Staff:  Jason Callahan (786‑7117).

Background: 

Current law has inconsistent language dealing with littering penalties.  The Washington Reduction, Recycling, and Model Litter Control Act specifies that littering in the incorporated portion of the county is a class 1 civil infraction, while littering in the unincorporated county is a misdemeanor.  However, the solid waste management provisions found in RCW Chapter 70.95 specify that it is both a civil infraction and a misdemeanor to litter over one cubic foot in the unincorporated portion of the county.  No provisions are made for littering in the incorporated portion of a county.

A class 1 civil infraction is punishable by a $250 fine.  In addition to the civil infraction, a person littering in an incorporated portion of a county may face a $25 litter cleanup fee for every cubic foot of litter deposited and a to pick up the trash littered may be entered.  A misdemeanor litterer must pay a court order restitution payment equal to twice the actual cost of cleanup.  This restitution payment can not be less than $50 for those littering less than one cubic yard or less than $100 for those littering over one cubic yard.  One-half of this restitution payment is distributed to the law enforcement agency investigating the incident, and one-half is distributed to the affected landowner.  First-time offenders in an unincorporated area may have restitution payments waived if they agree to clean up the litter.

Summary of Bill: 

It is a civil infraction to litter in excess of one cubic foot in an incorporated portion of a county.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.