SB 6533-S - DIGEST

(SEE ALSO PROPOSED 2ND SUB)

     Provides that no later than one year after the effective date of this act, every manufacturer of thermometers and commercial or residential, but not industrial, thermostats that contain mercury and that have been or may be offered for sale or distributed for sale or use in this state must ensure that these products are properly collected, transported, and recycled.

     Provides that no mercury-added product manufactured after the effective date of this act may be sold, offered for final sale, or distributed for sale or use in the state unless both the product and its packaging are labeled in accordance with this act and any adopted rules.

     Declares that a person may not knowingly dispose of mercury-added products in any manner other than by recycling the product or disposing of the product as hazardous waste.

     Declares that no person may sell, offer for sale, or distribute for sale or use in this state a mercury-added product unless the manufacturer of the product, or its industry trade group, provides notice to the director in writing of the manufacturer's intent to sell, offer for sale, or distribute the product.

     Provides that no person may sell, offer for sale, or distribute for sale or use in this state a mercury-added novelty.

     Declares that no school may purchase for use in a primary or secondary classroom bulk elemental or chemical mercury or bulk mercury compounds.

     Provides that, no later than January 1, 2003, the department, in consultation with the Washington hospital association and other interested and affected parties, must develop plans for mercury purchase and use at health care facilities.

     Requires the department to develop a plan and proposed budget for a comprehensive public education, outreach, and assistance program for households, hazardous waste generators, municipalities, solid waste management districts, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions of higher education, schools, and other interested groups.

     Requires the department to review the effectiveness of this act and provide a report based upon that review to the governor and the legislature by December 1, 2006.  The report must review the effectiveness of the programs required under this act and recommend ways to improve the programs.

     Declares that a violation of this act or any rule adopted under this act is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation.  Repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation.  Penalties collected under this act must be deposited in the state toxics control account created under RCW 70.105D.070.