Unlawful Waste Dumping.
It is unlawful to abandon a junk vehicle or to dispose of litter on any public property, public waters, or the private property of any other person.
Penalties for the unlawful dumping of waste (littering) are assessed on a sliding scale depending on the amount of waste:
A person found guilty of misdemeanor littering must pay a litter cleanup restitution payment equal to twice the actual cost of cleanup or $50 per cubic foot of litter, whichever is greater. A person found guilty of gross misdemeanor littering must pay a litter cleanup restitution payment equal to twice the actual cost of cleanup or $100 per cubic foot of litter, whichever is greater.
The court distributes one-half of a restitution payment to the landowner of the property where the waste was littered and one-half of the restitution payment to the law enforcement agency investigating the incident.
Natural Resource Infractions.
Certain offenses involving forests and forest products, fish and wildlife, public lands, and public recreational lands, are classified as natural resource infractions. A natural resource infraction is not a criminal offense. A person found to have committed a natural resource infraction shall be assessed a monetary penalty. This penalty must be at least $10, and it cannot exceed $500 unless specifically authorized by statute.
Waste Reduction, Recycling, and Litter Control Account.
A litter tax is imposed on every manufacturer, wholesaler, and retailer doing business in the state. This tax is remitted into the Waste Reduction, Recycling, and Litter Control Account (Litter Control Account) and the Litter Control Account is administered by the Department of Ecology. The tax only applies to the value or the gross proceeds from the sale of products like food, groceries, cigarettes, containers, and toiletries. The receipts from the litter tax are primarily used for litter collection, waste reduction, recycling, and composting programs.
Model Toxics Control Operating Account.
Revenue from the pollution tax on hazardous substances and petroleum products is allocated to multiple accounts, including 60 percent of collections to the Model Toxics Control Operating Account (MTCA Operating Account). The MTCA Operating Account is used for hazardous waste planning and management, public education about hazardous waste, financial assistance for local waste programs, oil and hazardous spill prevention and training, and other similar uses. One percent of the pollution tax moneys deposited into the MTCA Operating Account is allocated for public participation grants to persons who may be adversely affected by hazardous substances and not-for-profit public organizations. The primary purpose of these grants is to facilitate participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances. The grants may not exceed $60,000. The grants may be renewed annually.
It is a class 3 civil infraction to litter in an amount less than or equal to 1 cubic foot and is thus subject to a maximum default infraction penalty of $50.
It is a natural resource infraction to litter in an amount more than 1 cubic foot and less than 10 cubic yards. Penalties for these littering violations are:
The litter cleanup restitution payment is assessed at four times the actual cost of cleanup. The court distributes one-half of a litter cleanup restitution payment to the Waste Reduction, Recycling, and Litter Control Account (Litter Control Account) and one-half to the law enforcement agency investigating the incident.
All fines and bail forfeitures collected for littering violations are to be deposited into the Litter Control Account except as otherwise provided by statute.
Law enforcement officers who are authorized to enforce littering civil infractions and littering crimes are empowered to enforce the newly established natural resource infractions for littering. General peace officers who are authorized to take actions, including detentions, specified for natural resource infraction enforcement may take those same actions with respect to the enforcement of littering provisions.
Waste Reduction, Recycling, and Litter Control Account.
One hundred percent of the receipts from the litter cleanup restitution payments into the Litter Control Account is reserved for the Department of Ecology to award grants to local governments or nonprofit organizations for the purpose of reducing illegal dumping on public or private forestlands or other spaces. Qualifying projects must have project descriptions at reducing outdoor dumping or reducing the cost of legal waste disposal, such as education campaigns, free or reduced-cost collection days, income-based waste disposal coupons or vouchers, and other measures reasonably targeted at reducing illegal dumping.
Public Participation Grants.
The Legislature may appropriate additional money to the Model Toxics Control Operating Account for the use of public participation grants. Eligible public participation grants may focus on public education efforts targeted at reducing illegal dumping of hazardous materials or petroleum-containing products on public and private land.
As compared to the version of Engrossed Substitute House Bill 2207 passed by the House, the Senate striker makes the following changes:
(In support) Landowners spend a lot of money disposing of garbage that has been unlawfully dumped on their lands. Cleanup can cost as much as $100,000. Recently there has been an increase in unlawful dumping, including dumping of appliances and automobiles. Rural areas are particularly hard hit because they are easy targets. Legal waste disposal can be expensive. It is often cheaper to pay a fine for unlawful dumping than it is to pay for disposal. This bill strikes a good balance between increased deterrence and additional resources for solid waste disposal. It lines up the measure of the penalty with the way that waste disposal is determined: by weight. Further improvements could include assistance to landowners to dispose of hazardous waste dumped on their properties.
(Opposed) None.
(Other) Unlawful dumping is best addressed by making disposal costs more affordable. A funding source based on penalties is unreliable. The new grant program would require a lot of effort and energy and deserves more money. Regular law enforcement officers might not be able to enforce natural resource infractions like they can enforce civil infractions and crimes, thereby reducing the effectiveness of deterrence. Unlawful dumping is already not a high priority for law enforcement.
(In support) Unlawful dumping is a growing problem in forest lands, including cars, boats, and tires. Hauling away illegally dumped objects is costly for landowners. This bill would help decrease garbage and put it where it belongs. Decriminalizing unlawful dumping would help improve enforcement opportunities, as happened with a similar policy impacting the Department of Fish and Wildlife. There is no one magic fix to unlawful dumping, and the bill presents a suite of options to offer relief. The derelict vessels policy in the bill would help in situations where the state doesn't currently have authority to take title and remove a vessel unless it is in water.
(Opposed) None.
(In support) Representative Bill Ramos, prime sponsor; Tom Davis, Washington Forest Protection Association; Holli Johnson, Rayonier; and Jason Callahan, Green Diamond Resource Company.
Tom Davis; and Jason Callahan, Green Diamond Resource Company.