Solid Waste Management in Washington.
Under the state's solid waste management laws, local governments are the primary government entity responsible for implementing state solid waste management requirements. The Department of Ecology (Ecology) also has certain roles in overseeing the administration of solid waste management laws. Ecology is responsible for working cooperatively with local governments as they develop their local solid waste management plans. County and city solid waste management plans are required to contain certain elements, including a waste reduction and recycling element, and a recycling contamination reduction and outreach plan. Under state laws addressing the local planning and management of solid waste, a waste management hierarchy is established for the collection, handling, and management of solid waste and prioritizes, in descending order: (1) waste reduction; (2) recycling, with source separation of recyclable materials as the preferred method; (3) energy recovery, incineration, or landfill of separated waste; and (4) energy recovery, incineration, or landfill of mixed municipal solid wastes.
The Utilities and Transportation Commission (UTC) regulates private service providers that transport solid waste, garbage, and recyclables from residential sites. The certificate to transport garbage and recyclables sets the geographic areas in which the service provider is authorized to collect waste. Cities and towns have the authority to provide their own solid waste collection services or to contract for solid waste collection services, including collection of source-separated recyclable materials. Counties may contract for the collection of source-separated recyclable materials in unincorporated areas of the county. Solid waste collection services provided or contracted by cities and towns or contracted by counties are not subject to UTC regulation. Materials collected for recycling are transported to material recovery facilities, which receive, compact, repackage, or sort materials for the purposes of recycling. Counties may request the UTC to approve discounted solid waste collection rates, charges, or services for low-income services that have been adopted in the county's solid waste management plan; lost revenues from discounts must be included in the solid waste collection company's cost of service and recovered in rates to other customers.
Plastic Labeling.
State law categorizes the following types of plastic resin:
Recent Plastics and Packaging Study.
In December 2023 Ecology submitted a report, mandated by a 2023 Operating Budget proviso, related to consumer packaging and paper materials to the Legislature from a contracted consultant. The report recommends the highest achievable recycling, reuse, and source reduction performance rates for Washington under four policy scenarios involving a combination of policies, including:
The December 2023 report also reported the surveyed input of Washington residents on the state's recycling system.
Minimum Recycled Content Requirements.
In 2021 the Legislature established minimum recycled content requirements applicable to three categories of plastic products or products in plastic containers: trash bags, household and personal care product containers, and plastic beverage containers. Producers subject to minimum postconsumer recycled content (PCRC) requirements were required to register with Ecology and pay fees to cover Ecology's administrative costs related to minimum recycled content standards beginning in 2022. Unique minimum PCRC rates and timelines over which the minimum recycled content rates increase apply to:
Beginning in 2025, Ecology may annually review and determine whether to adjust minimum PCRC requirements for the following year. Ecology may do so for a type of container within a category of covered paper products and packaging after considering market conditions, recycling rates, and other specified factors. Manufacturers of products that are subject to PCRC requirements, who do not achieve the PCRC requirements, are subject to penalties. Penalties are calculated based upon the amounts in pounds in aggregate of virgin plastic, PCRC plastic, and other plastic used by manufacturers to produce covered containers, at a rate of 20 cents per pound of plastic below the amount of PCRC plastic needed to achieve minimum PCRC requirements
Producer Registration and Reporting on Paper Products and Packaging.
Producers of covered plastic packaging and paper products (covered PPP) must register with Ecology, beginning March 1, 2026. Producers are defined to include specified entities associated with covered PPP, but do not include government entities, nonprofit organizations, or entities that sell, distribute, or import de minimis volumes of covered PPP.
Packaging is defined to include various covered PPP, including single-use items that facilitate food or beverage consumption.
Covered PPP does not include:
Beginning April 1, 2027, producers must begin submitting annual reports to Ecology that include, by material category, the volume in pounds of covered products sold or distributed into Washington during the preceding calendar year. National data allocated on a per capita basis for Washington may be submitted if a producer demonstrates to Ecology that state-level data are not feasible.
The registration and reporting of producers must include specified information and may occur through a third-party representative that registers on behalf of producers. Producers that submit confidential information to Ecology may request that the information be only for the confidential use of Ecology. Ecology's Director may consider this request and must grant the request that the information remain confidential if it is not detrimental to the public interest and is otherwise in accordance with Ecology's policies.
Ecology may adopt rules to implement, administer, and enforce producer reporting and registration requirements. Ecology may conduct audits and investigations. Ecology must annually publish a list of registered producers and their brands and compliance status on their website.
Recycling Goals, Needs Assessment, and Statewide Lists.
A goal is established for Washington to achieve a 65 percent recycling rate for covered PPP. Ecology must track progress towards this goal and make progress public. This goal must be used to inform the statewide needs assessment.
By October 1, 2026, Ecology must develop two lists:
Ecology may identify additional materials for inclusion on these lists, or remove materials for inclusion on these lists, based on consultation with the stakeholder advisory committee appointed by Ecology, and after considering specified factors. Ecology must review and update these lists by 2031 and at least every five years afterwards.
Ecology must complete a statewide needs assessment carried out by a third-party consultant by October 1, 2027. Specified processes and sources of input must be considered and followed in scoping the needs assessment. The needs assessment must use the recycling rates from Ecology's 2023 report to the Legislature required by the 2023 Operating Budget proviso, focused on covered PPP collected from residences and included on the list adopted by Ecology in 2026. Each solid waste planning jurisdiction must be consulted prior to the completion of the needs assessment. The needs assessment must—for each solid waste planning jurisdiction—evaluate the capacity, costs, gaps, and needs relative to the achievement of performance rate goals for specified aspects of the recycling system, including types of recycling services and methods and infrastructure for covered PPP, education and outreach, and collection, transport, and processing capacity. The needs assessment must also compile a number of other specified categories of information related to the costs and operations of the state's recycling system.
Oversight and Enforcement for Producers of Covered Paper Products and Packaging.
Beginning in 2026, Ecology must prepare a workload analysis used to determine the fee payment amount for producers required to register and report. Ecology's annual fee amount is calculated by including Ecology's costs of supporting the stakeholder advisory committee, carrying out statewide needs assessments, developing lists of recyclable materials suitable for collection, and overseeing the registration and reporting of producers.
Producers that are in violation of registration and reporting requirement are subject to civil penalties of up to $1,000 per day. Ecology must provide at least two notices of violation prior to issuing a penalty. Penalties are appealable to the Pollution Control Hearings Board.
An advisory committee is established, with a prescribed membership appointed by Ecology comprised of representatives of 10 types of organizations or entities. The mechanics for forming and carrying out the business of the stakeholder advisory committee are prescribed. The stakeholder advisory committee's duties include making recommendations to Ecology on the lists of recyclable materials suitable for collection and the scope of the statewide needs assessment, and providing input on Ecology rules and implementation of producer registration and reporting requirements. Ecology may establish working groups comprised of members of the advisory committee, and must establish a Truth-in-Labeling Task Force as a subgroup of the advisory committee. The Truth-in-Labeling Task Force must study and evaluate misleading or confusing claims regarding the recyclability of products and make recommendations to the Legislature by June 1, 2027.
Postconsumer Recycled Content.
New PCRC requirements are established for specified products.
Polypropylene tubs must meet the following requirements:
Single-use plastic cups must meet the following requirements:
PETE thermoform plastic containers must meet the following requirements:
Producers of products newly subject to these PCRC requirements must register with Ecology by June 1, 2025. These new PCRC requirements must be suspended by Ecology if Washington's recycling rate reaches 65 percent. Ecology may extend the compliance dates applicable to any of the new PCRC requirements for thermoform plastic containers, single-use plastic cups, and polypropylene tubs by up to five years for all producers if it determines that there is an inadequate availability of recycled material or a substantial disruption of recycled material supply.
A producer may pay a $1,000 waiver fee and apply to Ecology for a waiver from the new PCRC requirements for thermoform plastic containers, single-use plastic cups, and polypropylene tubs. Ecology may grant a waiver upon finding that compliance is not technically feasible, there is inadequate availability or a substantial disruption in the supply of recycled material, or that compliance with PCRC requirements would be in conflict with federal law or regulations.
Registration and annual reporting logistics that apply to existing PCRC requirements for plastic products will apply to the new plastic products subject to PCRC requirements.
Ecology must ensure that PCRC rules for all products subject to PCRC requirements consider the guidelines and do not conflict with the regulations issued by the federal Food and Drug Administration and Department of Agriculture. Ecology may not impose PCRC requirements that are in direct conflict with a federal law or regulation, or on medical devices, drugs, or dietary supplements.
Changes to existing PCRC requirements are made, including:
Low-Income Solid Waste Collection Rate Discounts.
A solid waste collection company, in addition to a county, may request that the UTC approve rates, charges, or services at a discount for low-income customers, and such a request is no longer required to be part of the adopted county solid waste management plan. Additional structure is added to the low-income discounts that the UTC may approve, including:
The UTC may adopt rules or guidance related to low-income discounts for solid waste collection company customers.
The substitute bill makes the following changes to the original bill, the bill:
(In support) Careful planning, study, and consideration of the state's recycling needs will lead to a better long-term recycling outcome. A recycling needs assessment must consider the unique needs of each community, a full range of costs and service data, and options to reduce contamination and improve markets. Many communities have effective solid waste collection and disposal systems that are uniquely tailored to match local characteristics. No other states have yet fully implemented an extended producer responsibility program for packaging, and it is premature to assume that such programs will be effective. Programs that place obligations on producers of products have the potential to raise the price of groceries and other goods. Establishing a unified list of recyclable materials will help reduce recycling system contamination. Producers that mislabel items as recyclable should be accountable for the contamination that results. Postconsumer recycled content requirements for producers help create market demand for recycled materials.
(Opposed) A needs assessment of the recycling system is a critical but insufficient step toward improving recycling rates, and must be carried out within the framework of a producer responsibility system. Requiring producers of packaging to register with Ecology, but without requiring them to fund recycling services, will not achieve meaningfully improved recycling outcomes. The list of materials to be collected curbside should not be pre-determined by the Legislature, but should result from studying the recycling system. Glass will not have an option for curbside recycling under this bill. Postconsumer recycled content standards must be achievable. The bill sets a nonbinding goal for a statewide recycling rate. Material recovery facilities must be transparent about how collected plastics and other recyclable materials are being managed.
(Other) The strategies implemented through this bill would not meaningfully increase recycling rates, which could be expected to increase by as little as 1 percent by 2032 based on previous analyses of similar proposals. This bill does not contain producer responsibility concepts, but would take considerable amounts of time and resources to implement. Local governments would not be required to rely on the statewide lists of recyclable materials developed by Ecology. Businesses in Washington have diverse needs and perspectives with respect to the state's recycling system. An extended producer responsibility program plus a deposit return program for beverage containers would achieve the best recycling outcomes for Washington. Grocery stores support a needs assessment before additional recycling system changes are implemented. The needs assessment in this proposal is appropriately focused on local variations across the state.
(In support) Representative Jake Fey, prime sponsor; Mark Johnson, Washington Retail Association; Autumn Dietrich, Consolidated Disposal Service, Inc.; Brian Coddington, Sunshine Disposal and Recycling; Wendy Weiker, Republic Services; Katie Beeson, Washington Food Industry Association (WFIA); Lyset Cadena, WM (Waste Management); Jay Balasbas, Basin Disposal; Natalie Hester, Republic Services; Vicki Christophersen, Washington Refuse and Recycling Association; Samantha Louderback, Washington Hospitality Association; Rick Vahl, Waste Connections; and Erin Raden, Consumer Brands Association .