BILL REQ. #:  H-4295.2 

Read first time 01/20/2006.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to solid waste and recyclable materials collection ordinances; amending RCW 35.21.130; and adding a new section to chapter 35A.21 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 35.21.130 and 1989 c 431 s 51 are each amended to read as follows:
     (1) Except as otherwise provided in this section, a solid waste or recyclable materials collection ordinance may:
     (((1))) (a) Require property owners and occupants of premises to use the solid waste collection and disposal system or recyclable materials collection and disposal system, and to dispose of their solid waste and recyclable materials as provided in the ordinance: PROVIDED, That a solid waste or recycling ordinance shall not require any retail enterprise engaged in the sale of consumer-packaged products to locate or place a public recycling collection site or buy-back center upon or within a certain distance of the retail establishment as a condition of engaging in the sale of consumer-packaged products; and
     (((2))) (b) Fix charges for solid waste collection and disposal, recyclable materials collection and disposal, or both, and the manner and time of payment therefor including therein a provision that upon failure to pay the charges, the amount thereof shall become a lien against the property for which the solid waste or recyclable materials collection service is rendered. The ordinance may also provide penalties for its violation.
     (2) A solid waste or recyclable materials collection ordinance adopted under subsection (1) of this section may not require the occupants of a mobile or manufactured home park to:
     (a) Use the solid waste collection and disposal system or recyclable materials collection and disposal system as provided in the ordinance; or
     (b) Dispose of their solid waste and recyclable materials as provided in the ordinance.
     (3) A solid waste or recyclable materials collection ordinance adopted under subsection (1) of this section must provide the owner or manager of a mobile or manufactured home park the option, without financial penalty to the occupants, of subjecting the park to or exempting the park from the ordinance.

NEW SECTION.  Sec. 2   A new section is added to chapter 35A.21 RCW to read as follows:
     (1) A solid waste or recyclable materials collection ordinance may not require the occupants of a mobile or manufactured home park to:
     (a) Use the solid waste collection and disposal system or recyclable materials collection and disposal system as provided in the ordinance; or
     (b) Dispose of their solid waste and recyclable materials as provided in the ordinance.
     (2) A solid waste or recyclable materials collection ordinance must provide the owner or manager of a mobile or manufactured home park the option, without financial penalty to the occupants, of subjecting the park to or exempting the park from the ordinance.