"NEW SECTION.  Sec. 1   Asbestos is a known human carcinogen that causes painful, premature deaths due to diseases such as asbestosis, mesothelioma, lung and gastrointestinal cancers, and other diseases and cancers. Activities that can lead to the release of asbestos fibers include installation, use, maintenance, repair, removal, and disposal of asbestos-containing building materials.
     Many people are unaware that asbestos-containing building materials are still imported, sold, and used in the United States. Because few regulations exist that require the disclosure of asbestos in building materials, people can unknowingly be exposed to asbestos. Asbestos is generally invisible, odorless, very durable, and highly aerodynamic. Exposure can occur well after it has been disturbed and long distances from where the asbestos release occurred.
     The purpose of this chapter is to allow people to make informed decisions regarding whether or not they purchase or use building materials containing asbestos. More specifically, building materials that contain asbestos must be clearly labeled as such by manufacturers, wholesalers, and distributors.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Asbestos" includes the asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentine), crocidolite (riebeckite), anthophyllite, and any of these minerals that have been chemically treated or altered. The chemical abstracts service registry number for each is as follows: Asbestos (1332-21-4), actinolite (13768-00-8), amosite (12172-73-5), tremolite (14567-73-8), chrysotile (12001-29-5), crocidolite (12001-28-4), and anthophyllite (17068-78-9).
     (2) "Asbestos-containing building material" means any building material to which asbestos is deliberately added in any concentration or that contains more than one percent asbestos by weight or area as determined using the United States environmental protection agency method for the determination of asbestos in building materials, EPA/600/R-93/116, July 1993.
     (3) "Building material" includes materials designed for, or used in, construction, renovation, repair, or maintenance of institutional, commercial, public, industrial, or residential buildings and structures. The term does not include automobiles, recreational vehicles, boats, or other mobile means of transportation.
     (4) "Consumer" means any person that acquires a building material for direct use or ownership, rather than for resale or use in production and manufacturing.
     (5) "Department" means the department of ecology.
     (6) "Person" means any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.
     (7) "Retailer" means any person that sells goods or commodities directly to consumers.

NEW SECTION.  Sec. 3   (1) Except as otherwise provided in this section or section 4 of this act, it is unlawful to manufacture, wholesale, or distribute for sale an asbestos-containing building material that is not labeled as required by section 5 of this act or as required under federal law, 40 C.F.R. part 763, subpart I, Sec. 173.171 (1994). The labeling requirement also applies to stock-on-hand, meaning any asbestos-containing building material in the possession or control of a manufacturer, wholesaler, or distributor after December 31, 2013, must be labeled.
     (2)(a) Subsection (1) of this section does not apply to asbestos-containing building materials that have already been installed, applied, or used by the consumer.
     (b) Subsection (1) of this section does not apply to asbestos-containing building materials used solely for United States military purposes.
     (3) Any manufacturer, wholesaler, or distributor may submit a written request for an exemption from the labeling requirements of this chapter, and the department may grant such an exemption if it determines that the labeling requirements are technically infeasible or create an undue economic hardship. Each exemption is in effect for a period not to exceed three years from the date issued and is subject to the terms and conditions prescribed by the department.

NEW SECTION.  Sec. 4   Except for the provisions of section 5(4) of this act, retailers that do not manufacture, wholesale, or distribute asbestos-containing building materials are exempt from this chapter.

NEW SECTION.  Sec. 5   (1) A label must be placed in a prominent location adjacent to the product name or description on the exterior of the wrapping and packaging in which the asbestos-containing building material is placed for storage, shipment, and sale.
     (2) A label must also be placed on the exterior surface of the asbestos-containing building material itself unless it is sold as a liquid or paste, is sand or gravel, or an exemption is granted pursuant to section 3(3) of this act.
     (3) Asbestos-containing building materials must have a legible label that clearly identifies it as containing asbestos. At a minimum, the label must state the following:

CAUTION!

This product contains ASBESTOS which is known to cause cancer and lung disease. Avoid creating dust. Intentionally removing or tampering with this label is a violation of state law.

NEW SECTION.  Sec. 6   (1) The provisions of this chapter may be enforced by the department, a local air authority formed under chapter 70.94 RCW, or their designees.
     (2) Whenever the department or authority determines, after receiving a complaint, that a person has violated any provision of this chapter, the department may issue an order requiring compliance either immediately or within a specified period of time.
     (3) Any person who has received a corrective action order under subsection (2) of this section within the preceding twelve calendar months and is determined to have subsequently violated this chapter, or any person who fails to take corrective action as specified by an order issued pursuant to subsection (2) of this section and is subsequently determined to be in continuing violation of this chapter, is liable for a civil penalty of not more than one thousand dollars per day. In the case of a continuing violation, each day's continuance is a separate and distinct violation.
     (4) The penalties provided in this section are imposed pursuant to RCW 43.21B.300. All penalties recovered under this chapter by the department must be paid into the state treasury and credited to the air pollution control account established in RCW 70.94.015 or, if recovered by an authority, must be paid into the treasury of an authority and credited to its funds. If a prior penalty for the same violation has been paid to an authority, the penalty imposed by the department under subsection (3) of this section must be reduced by the amount of the payment.
     (5) For the purposes of this section, "authority" has the same meaning as defined in RCW 70.94.030.

Sec. 7   RCW 43.21B.300 and 2010 c 210 s 12 and 2010 c 84 s 4 are each reenacted and amended to read as follows:
     (1) Any civil penalty provided in RCW 18.104.155, 70.94.431, 70.95.315, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 90.56.330, and 90.64.102 and chapter 90.76 RCW and chapter 70.-- RCW (the new chapter created in section 9 of this act), shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department or the local air authority, describing the violation with reasonable particularity. For penalties issued by local air authorities, within thirty days after the notice is received, the person incurring the penalty may apply in writing to the authority for the remission or mitigation of the penalty. Upon receipt of the application, the authority may remit or mitigate the penalty upon whatever terms the authority in its discretion deems proper. The authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
     (2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department or authority thirty days after the date of receipt by the person penalized of the notice imposing the penalty or thirty days after the date of receipt of the notice of disposition by a local air authority of the application for relief from penalty.
     (3) A penalty shall become due and payable on the later of:
     (a) Thirty days after receipt of the notice imposing the penalty;
     (b) Thirty days after receipt of the notice of disposition by a local air authority on application for relief from penalty, if such an application is made; or
     (c) Thirty days after receipt of the notice of decision of the hearings board if the penalty is appealed.
     (4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within thirty days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
     (5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be credited to the reclamation account as provided in RCW 18.104.155(7), RCW 70.94.431, the disposition of which shall be governed by that provision, RCW 70.105.080, which shall be credited to the hazardous waste control and elimination account created by RCW 70.105.180, RCW 90.56.330, which shall be credited to the coastal protection fund created by RCW 90.48.390, and RCW 90.76.080, which shall be credited to the underground storage tank account created by RCW 90.76.100.

NEW SECTION.  Sec. 8    The department may adopt rules regarding the implementation of this chapter.

NEW SECTION.  Sec. 9   Sections 1 through 6 and 8 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION.  Sec. 10   This act takes effect January 1, 2014."