BILL REQ. #:  S-1293.2 

Read first time 02/07/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to ensuring the lawful transport and handling of recyclable materials; amending RCW 70.95.030 and 70.95.305; reenacting and amending RCW 70.95.020; adding new sections to chapter 70.95 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature to clarify methods to improve recycling in Washington state, and to further the purposes in RCW 70.95.020 and the goals of the state solid waste management plan adopted by the department of ecology under RCW 70.95.260.

Sec. 2   RCW 70.95.020 and 1998 c 156 s 1 and 1998 c 90 s 1 are each reenacted and amended to read as follows:
     The purpose of this chapter is to establish a comprehensive statewide program for solid waste handling, 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) 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;
     (2) To provide for adequate planning for solid waste handling by local government;
     (3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling;
     (4) To encourage the development and operation of waste recycling facilities needed to accomplish the management priority of waste recycling, ((and)) to promote consistency in the requirements for such facilities throughout the state, and to ensure that recyclable materials diverted from the waste stream for recycling are taken to facilities in which recycling occurs;
     (5) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;
     (6) To encourage storage, proper disposal, and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state; and
     (7) To encourage the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling and to promote consistency in the permitting requirements for such facilities and activities throughout the state.
     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.

Sec. 3   RCW 70.95.030 and 2004 c 101 s 1 are each amended to read as follows:
     ((As used in this chapter, unless the context indicates otherwise:)) The definitions in this section apply throughout this chapter unless the context clearly requires 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.
     (6) "Director" means the director of the department of ecology.
     (7) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.
     (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.
     (9) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.
     (10) "Generator" means an entity from which transporters collect recyclable materials.
     (11) "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.
     (((11))) (12) "Inert waste landfill" means a landfill that receives only inert waste, as determined under RCW 70.95.065, and includes facilities that use inert wastes as a component of fill.
     (((12))) (13) "Jurisdictional health department" means city, county, city-county, or district public health department.
     (((13))) (14) "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.
     (((14))) (15) "Local government" means a city, town, or county.
     (((15))) (16) "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.
     (((16))) (17) "Multiple family residence" means any structure housing two or more dwelling units.
     (((17))) (18) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
     (((18))) (19) "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.
     (((19))) (20) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. "Recycling" does not include collecting, compacting, repackaging, and sorting for the purpose of transport, and does not include transporting recyclable materials.
     (((20))) (21) "Recycling facility" means a solid waste facility permitted or otherwise authorized under this chapter to accept recyclable materials for recycling, including manufacturers, recycling centers, and other processing facilities.
     (22) "Residence" means the regular dwelling place of an individual or individuals.
     (((21))) (23) "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.
     (((22))) (24) "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.
     (((23))) (25) "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.
     (((24))) (26) "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.
     (((25))) (27) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.
     (((26))) (28) "Transporter" includes any entity offering for hire services consisting of either collection or transportation, or both, of recyclable materials from commercial generators within the state to a recycling facility. "Transporter" does not include:
     (a) Those companies hauling their own recyclables from their own business or worksites or individuals hauling their own recyclables from their own home;
     (b) A commission certificated hauler, cities' municipal solid waste divisions, or city contractors, when these entities are transporting solid waste or residential curbside recyclables; or
     (c) An entity hauling recyclables from a recycling facility to another recycling facility, manufacturer, or mill for reprocessing or directly to a port for export.
     (29) "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.
     (((27))) (30) "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.
     (((28))) (31) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.
     (((29))) (32) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter.

Sec. 4   RCW 70.95.305 and 1998 c 156 s 5 are each amended to read as follows:
     (1) Notwithstanding any other provision of this chapter, the department may by rule exempt from the requirements to obtain a solid waste handling permit any category of solid waste handling facility that it determines to:
     (a) Present little or no environmental risk; and
     (b) Meet the environmental protection and performance requirements required for other similar solid waste facilities.
     (2) This section does not apply to any facility or category of facilities that:
     (a) Receives municipal solid waste destined for final disposal, including but not limited to transfer stations, landfills, and incinerators;
     (b) Applies putrescible solid waste on land for final disposal purposes;
     (c) Handles mixed solid wastes that have not been processed to segregate solid waste materials destined for disposal from other solid waste materials destined for a beneficial use or recycling;
     (d) Receives or processes organic waste materials into compost in volumes that generally far exceed those handled by municipal park departments, master gardening programs, and households; or
     (e) Receives solid waste destined for recycling or reuse, the operation of which is determined by the department to present risks to human health and the environment.
     (3) Rules adopted under this section shall contain such terms and conditions as the department deems necessary to ensure compliance with applicable statutes and rules. If a facility does not operate in compliance with the terms and conditions established for an exemption under subsection (1) of this section, the facility is subject to the permitting requirements for solid waste handling under this chapter.
     (4) This section shall not be deemed to invalidate the exemptions or determinations of nonapplicability in the department's solid waste rules as they exist on June 11, 1998, which exemptions and determinations are recognized and confirmed subject to the department's continuing authority to modify or revoke those exemptions or determinations by rule.

NEW SECTION.  Sec. 5   A new section is added to chapter 70.95 RCW to read as follows:
     (1) A transporter may not collect recyclable materials from generators within the state without first obtaining a transporter permit from the department. A transporter permit must be issued for a period of one year, beginning January 1st and ending December 31st.
     (2) Nothing in this chapter prevents the operation of a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buyback center, drop box, or from a commercial or industrial generator of recyclable materials.
     (3) An application for a transporter permit under this section or the renewal thereof must be made to the department on forms provided by the department, no later than the deadline stated on the form. The application must include:
     (a) The name, street, address, mailing address, and business telephone number of the applicant;
     (b) Applicant business ownership information, responsible official, and contact person;
     (c) Business license number;
     (d) Proof of liability insurance;
     (e) Any other relevant information deemed necessary by the director or the director's designee; and
     (f) An application fee of one thousand dollars to be deposited into the waste reduction, recycling, and litter control account, created in RCW 70.93.180, for the purposes of administering this act.
     (4) A transporter who collects recyclable materials within the state without a transporter permit required by this section is guilty of a misdemeanor.

NEW SECTION.  Sec. 6   A new section is added to chapter 70.95 RCW to read as follows:
     (1) A transporter shall comply with all applicable federal, state, and local laws, rules, and regulations.
     (2) A transporter shall notify the director within two days of receiving notice from a responsible agency that it is not in compliance as required in subsection (1) of this section.
     (3) If a transporter fails to comply with subsection (1) of this section, the department must suspend the transporter permit issued under section 5 of this act until the transporter has cured the violation in a manner satisfactory to the department. In addition, the department may not issue a transporter permit to a company that is not in compliance with subsection (1) of this section at the time of annual permit renewal each January 1st until any violation is corrected.
     (4) Parking, storage, and maintenance facilities shall comply with all applicable zoning ordinances and any other applicable local and state statutes, ordinances, rules, and regulations. Areas for parking, repair, storage, or cleaning of vehicles or equipment may not be located in areas zoned as residential under local zoning ordinances.

NEW SECTION.  Sec. 7   A new section is added to chapter 70.95 RCW to read as follows:
     (1) A transporter may deliver recyclable materials only to recycling facilities, and may not deliver any recyclable materials to a transfer station or landfill for disposal.
     (2) Residual solid waste must be removed prior to a transporter moving a container from a collection site. The removed material must be placed in a container provided by the commission certificated hauler, city contractor, or city municipal department. Self-hauling of solid waste as permitted by chapter 81.77 RCW is lawful.
     (3) A transporter shall keep records of locations and quantities specifically identified in relation to a generator's name, service date, address, and invoice, documenting: (a) Where recyclables have been sold, delivered for processing, or otherwise marketed; and (b) where and by whom residual solid waste has been delivered for disposal. These records must be retained for two years from the date of collection. The department shall adopt by rule provisions for annual reporting by transporters.
     (4) A transporter who violates the provisions of this section is guilty of a misdemeanor.

NEW SECTION.  Sec. 8   A new section is added to chapter 70.95 RCW to read as follows:
     (1) A transporter shall make all company premises, facilities, and records related to its operations under this chapter available for inspection without prior notice by department employees. Company premises, facilities, and records include, but are not limited to: Offices, vehicles, storage areas, nonfinancial records, records pertaining to the origin of any loads collected by the transporter, receipts for the sale or delivery of collected recyclables, and customer lists.
     (2) A transporter shall provide the department with an after-hours telephone number for use in emergencies.
     (3) A transporter shall notify the department of anticipated changes in addresses and telephone numbers for any facility regulated by this chapter, including but not limited to office address, mailing address, yard location, and the after-hours phone number. Such a notice must be provided to the department in writing no less than ten business days before such a change.
     (4) A transporter shall notify the department in writing of changes in company contact persons and responsible officials within one week after such a change.
     (5) A transporter who collects recyclable materials within the state without a transporter permit required under section 5 of this act is guilty of a misdemeanor.

NEW SECTION.  Sec. 9   A new section is added to chapter 70.95 RCW to read as follows:
     Any person may bring a civil action for a violation of this act by seeking injunctive relief or damages in the superior court of the county in which the violation took place or in Thurston county. Any person who prevails under this section is entitled to reasonable costs and attorneys' fees, including those on appeal.

NEW SECTION.  Sec. 10   A new section is added to chapter 70.95 RCW to read as follows:
     (1) All recycling facilities must register with the department, except for facilities that are required to obtain a solid waste handling permit under RCW 70.95.170. No recycling facility may accept recyclable materials from a transporter within the state without having obtained a solid waste handling permit from the department or obtaining a registration under this section. A registration must be issued for a period of one year, beginning January 1st and ending December 31st.
     The registration must include the following information:
     (a) The name and address of the recycling facility;
     (b) The name and contact information for the owner and the operator, if different, of the recycling facility;
     (c) A description of the materials recycled at the facility;
     (d) An explanation of the recycling processes and methods used by the facility; and
     (e) A description of the maximum storage capacity of the facility for recyclable materials, and the maximum capacity for recycling wastes including the number of tons per year of recyclable materials and the number of tons per year of recycled products generated.
     (2) The registration application must be accompanied by a fee of no less than one thousand dollars per year to be deposited into the waste reduction, recycling, and litter control account created in RCW 70.93.180.
     (3) Any facility that accepts recyclable materials within the state without first obtaining a solid waste handling permit under RCW 70.95.170 or a registration under this section is guilty of a misdemeanor.

NEW SECTION.  Sec. 11   A new section is added to chapter 70.95 RCW to read as follows:
     (1) The department shall adopt rules that establish financial assurance requirements for recycling facilities that do not already have financial assurance requirements under this chapter. The financial assurance requirements must take into consideration the amounts and types of recyclable materials recycled at the facility, and the potential closure and postclosure costs associated with the recycling facility.
     (2) A recycling facility is required to meet financial assurance requirements adopted by the department by rule, unless the facility is already required to provide financial assurance under other provisions of this chapter.

NEW SECTION.  Sec. 12   A new section is added to chapter 70.95 RCW to read as follows:
     (1) Every recycling facility shall prepare and submit an annual report to the department and the local health department that has jurisdiction over the recycling facility. The report is due by April 1st and must be submitted on forms supplied by the department. The annual report must detail recycling activities during the previous calendar year and include the following information:
     (a) The name and address of the recycling facility and the contact information for the person conducting the recycling activity;
     (b) A general description of the recycling activity;
     (c) A description of the types of materials recycled;
     (d) The annual quantities and types of materials received, recycled, and disposed, in tons, for purposes of determining progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW 70.95.010(4); and
     (e) Any additional information required by written notification of the department.
     (2) If a recycling facility fails to submit the report required in subsection (1) of this section, the department or local health department with jurisdiction over the recycling facility shall suspend the registration issued under section 10 of this act or permit issued under RCW 70.95.170 until the recycling facility has cured the violation in a manner satisfactory to the department.
     (3) The department may make provisions for the consolidation and streamlining of reports required by this section and other reports required under this chapter.

NEW SECTION.  Sec. 13   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.