SENATE BILL REPORT

ESHB 2399

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to penalties for engaging in, or advertising to engage in, solid waste collection without a solid waste collection certificate.

Brief Description: Prohibiting and prescribing penalties for engaging in, or advertising to engage in, solid waste collection without a solid waste collection certificate.

Sponsors: House Committee on Ecology & Parks (originally sponsored by Representatives Upthegrove, Rodne, Finn, Armstrong, Rolfes, Haler, Driscoll, Chase, Morrell, Maxwell, Simpson and Hudgins).

Background: Solid waste collection companies – including persons hauling solid waste for compensation over public highways, except septic tank pumpers – must be certified by the Utilities and Transportation Commission (UTC). The UTC may issue cease and desist orders to persons operating without necessary certification. Persons violating solid waste hauling standards or UTC directives are guilty of a gross misdemeanor, punishable by imprisonment up to one year, a fine of $5,000 or less, or both.

Summary of Bill: Hauling of solid waste for compensation is clarified to include advertising, soliciting, offering, or entering into an agreement to provide that service. A gross misdemeanor penalty provision applying to persons violating solid waste hauling standards or UTC directives is revised to provide that each advertisement reproduced, broadcasted, or displayed constitutes a separate violation.