BILL REQ. #: H-1418.1
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SUBSTITUTE HOUSE BILL 1314
_____________________________________________| State of Washington | 63rd Legislature | 2013 Regular Session |
By House Environment (originally sponsored by Representatives Green, O'Ban, Zeiger, Fey, Upthegrove, and Jinkins)READ FIRST TIME 02/14/13.
AN ACT Relating to municipally produced class A biosolids;
reenacting and amending RCW 15.54.270; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 15.54.270 and 2011 c 73 s 1 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Brand" means a term, design, or trademark used in connection
with the distribution and sale of one or more grades of commercial
fertilizers.
(2) "Bulk fertilizer" means commercial fertilizer distributed in a
nonpackaged form such as, but not limited to, tote bags, tote tanks,
bins, tanks, trailers, spreader trucks, and railcars.
(3) "Calcium carbonate equivalent" means the acid-neutralizing
capacity of an agricultural liming material expressed as a weight
percentage of calcium carbonate.
(4) "Commercial fertilizer" means a substance containing one or
more recognized plant nutrients and that is used for its plant nutrient
content or that is designated for use or claimed to have value in
promoting plant growth, and shall include limes, gypsum, and
manipulated animal and vegetable manures. It does not include
unmanipulated animal and vegetable manures, organic waste-derived
material, and other products exempted by the department by rule.
(5) "Composting" means the controlled aerobic degradation of
organic waste materials. Natural decay of organic waste under
uncontrolled conditions is not composting.
(6) "Customer-formula fertilizer" means a mixture of commercial
fertilizer or materials of which each batch is mixed according to the
specifications of the final purchaser.
(7) "Department" means the department of agriculture of the state
of Washington or its duly authorized representative.
(8) "Director" means the director of the department of agriculture.
(9) "Distribute" means to import, consign, manufacture, produce,
compound, mix, or blend commercial fertilizer, or to offer for sale,
sell, barter, exchange, or otherwise supply commercial fertilizer in
this state.
(10) "Distributor" means a person who distributes.
(11) "Fertilizer material" means a commercial fertilizer that
either:
(a) Contains important quantities of no more than one of the
primary plant nutrients: Nitrogen, phosphate, and potash;
(b) Has eighty-five percent or more of its plant nutrient content
present in the form of a single chemical compound; or
(c) Is derived from a plant or animal residue or by-product or
natural material deposit that has been processed in such a way that its
content of plant nutrients has not been materially changed except by
purification and concentration.
(12) "Grade" means the percentage of total nitrogen, available
phosphoric acid, and soluble potash stated in whole numbers in the same
terms, order, and percentages as in the "guaranteed analysis," unless
otherwise allowed by a rule adopted by the department. Specialty
fertilizers may be guaranteed in fractional units of less than one
percent of total nitrogen, available phosphorus or phosphoric acid, and
soluble potassium or potash. Fertilizer materials, bone meal, manures,
and similar materials may be guaranteed in fractional units.
(13) "Guaranteed analysis."
(a) Until the director prescribes an alternative form of
"guaranteed analysis" by rule the term "guaranteed analysis" shall mean
the minimum percentage of plant nutrients claimed in the following
order and form:
| Total nitrogen (N) | . . . . . . . . . . . . | percent |
| Available phosphoric acid (P2O5) | . . . . . . . . . . . . | percent |
| Soluble potash (K2O) | . . . . . . . . . . . . | percent |
The percentage shall be stated in whole numbers unless otherwise
allowed by the department by rule.
The "guaranteed analysis" may also include elemental guarantees for
phosphorus (P) and potassium (K).
(b) For unacidulated mineral phosphatic material and basic slag,
bone, tankage, and other organic phosphatic materials, the total
phosphoric acid or degree of fineness may also be guaranteed.
(c) Guarantees for plant nutrients other than nitrogen, phosphorus,
and potassium shall be as allowed or required by rule of the
department. The guarantees for such other nutrients shall be expressed
in the form of the element.
(d) The guaranteed analysis for limes shall include the percentage
of calcium or magnesium expressed as their carbonate; the calcium
carbonate equivalent as determined by methods prescribed by the
association of official analytical chemists; and the minimum percentage
of material that will pass respectively a one hundred mesh, sixty mesh,
and ten mesh sieve. The mesh size declaration may also include the
percentage of material that will pass additional mesh sizes.
(e) In commercial fertilizer, the principal constituent of which is
calcium sulfate (gypsum), the percentage of calcium sulfate (CaSO4.2H2O)
shall be given along with the percentage of total sulfur.
(14) "Imported fertilizer" means any fertilizer distributed into
Washington from any other state, province, or country.
(15) "Label" means the display of all written, printed, or graphic
matter, upon the immediate container, or a statement accompanying a
fertilizer.
(16) "Labeling" includes all written, printed, or graphic matter,
upon or accompanying a commercial fertilizer, or advertisement,
brochures, posters, television, and radio announcements used in
promoting the sale of such fertilizer.
(17) "Licensee" means the person who receives a license to
distribute a commercial fertilizer under the provisions of this
chapter.
(18) "Lime" means a substance or a mixture of substances, the
principal constituent of which is calcium or magnesium carbonate,
hydroxide, or oxide, singly or combined.
(19) "Manipulation" means processed or treated in any manner,
including drying to a moisture content less than thirty percent.
(20) "Manufacture" means to compound, produce, granulate, mix,
blend, repackage, or otherwise alter the composition of fertilizer
materials.
(21) "Micronutrients" are: Boron; chlorine; cobalt; copper; iron;
manganese; molybdenum; sodium; and zinc.
(22) "Micronutrient fertilizer" means a produced or imported
commercial fertilizer that contains commercially valuable
concentrations of micronutrients but does not contain commercially
valuable concentrations of nitrogen, phosphoric acid, available
phosphorus, potash, calcium, magnesium, or sulfur.
(23) "Official sample" means a sample of commercial fertilizer
taken by the department and designated as "official" by the department.
(24) "Organic waste-derived material" means grass clippings,
leaves, weeds, bark, plantings, prunings, and other vegetative wastes,
uncontaminated wood waste from logging and milling operations, food
wastes, food processing wastes, and materials derived from these wastes
through composting. "Organic waste-derived material" does not include
products that include biosolids.
(25) "Packaged fertilizer" means commercial fertilizers, either
agricultural or specialty, distributed in nonbulk form.
(26) "Person" means an individual, firm, brokerage, partnership,
corporation, company, society, or association.
(27) "Percent" or "percentage" means the percentage by weight.
(28) "Produce" means to compound or fabricate a commercial
fertilizer through a physical or chemical process, or through mining.
"Produce" does not include mixing, blending, or repackaging commercial
fertilizer products.
(29) "Registrant" means the person who registers commercial
fertilizer under the provisions of this chapter.
(30) "Specialty fertilizer" means a commercial fertilizer
distributed primarily for nonfarm use, such as, but not limited to, use
on home gardens, lawns, shrubbery, flowers, golf courses, municipal
parks, cemeteries, greenhouses, and nurseries.
(31) "Ton" means the net weight of two thousand pounds avoirdupois.
(32) "Total nutrients" means the sum of the percentages of total
nitrogen, available phosphoric acid, and soluble potash as guaranteed
and as determined by analysis.
(33)(a) "Turf" means land, including residential property,
commercial property, and publicly owned land, which is planted in
closely mowed, managed grass.
(b) "Turf" does not include pasture land, land used to grow grass
for sod, or any other land used for agricultural production or
residential vegetable or flower gardening.
(34)(a) "Turf fertilizer" means a commercial fertilizer that is
labeled for use on turf.
(b) "Turf fertilizer" does not include a registered commercial
fertilizer product where the phosphorus component is derived solely
from class A exceptional quality biosolids that meets:
(i) The pollutant concentration limits in Table 3 of WAC 173-308-160 as it existed on the effective date of this section;
(ii) At least one of the class A pathogen reduction requirements in
WAC 173-308-170 as it existed on the effective date of this section;
and
(iii) At least one of the vector attraction reduction requirements
in WAC 173-308-180 as it existed on the effective date of this section.
(35) "Washington application rate" is calculated by using an
averaging period of up to four consecutive years that incorporates
agronomic rates that are representative of soil, crop rotation, and
climatic conditions in Washington state.
(36) "Waste-derived fertilizer" means a commercial fertilizer that
is derived in whole or in part from solid waste as defined in chapter
70.95 or 70.105 RCW, or rules adopted thereunder, but does not include
fertilizers derived from biosolids or biosolids products regulated
under chapter 70.95J RCW or wastewaters regulated under chapter 90.48
RCW.
NEW SECTION. Sec. 2 Section 1 of this act takes effect January
1, 2014.
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