H-3249              _______________________________________________

                                                   HOUSE BILL NO. 1248

                        _______________________________________________

State of Washington                              50th Legislature                        1987 First Special Session

By Representatives Nelson, Allen, Rust, Valle, Brekke, Wang, Patrick and Lux

Read first time 4/28/87 and referred to Committee on Energy & Utilities.

AN ACT Relating to recycling; and amending RCW 35.21.120 and 36.58.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 35.21.120, chapter 7, Laws of 1965 as amended by section 18, chapter 282, Laws of 1986 and RCW 35.21.120 are each amended to read as follows:

(1) Every city or town may by ordinance provide for the establishment of a system of garbage collection and disposal for the entire city or town or for portions thereof, and award contracts for garbage collection and disposal or provide for it under the direction of officials and employees of the city or town.  Contracts for solid waste handling may provide that a city or town pay a minimum periodic fee in consideration of the operational availability of a solid waste handling system or plant, without regard to the ownership of the system or plant or the amount of solid waste actually handled during all or any part of the contract period.  There shall be included in the contract specific allocation of financial responsibility in cases where the amount of solid waste handled during the contract period falls below the minimum level provided in the contract.

(2) Ordinances adopted and contracts awarded for garbage collection and disposal under this section shall provide for a system of voluntary recycling meeting the requirements established by the city or town which shall be available to every person covered by the ordinance or served under the contract.  For the purposes of this section, "recycling" shall be as defined under RCW 70.93.030.

        Sec. 2.  Section 2, chapter 58, Laws of 1975-'76 2nd ex. sess. as amended by section 20, chapter 282, Laws of 1986 and RCW 36.58.040 are each amended to read as follows:

(1) The legislative authority of each county may by ordinance provide for the establishment of a system of solid waste disposal for all the unincorporated areas of the county or for portions thereof.  Each county may designate disposal sites for all solid waste collected in the unincorporated areas pursuant to the provisions of a comprehensive solid waste plan adopted pursuant to chapter 70.95 RCW:  PROVIDED, That for any solid waste collected by a private hauler operating pursuant to a certificate granted by the Washington utilities and transportation commission under the provisions of chapter 81.77 RCW and which certificate is for collection in a geographic area lying in more than one county, such designation of disposal sites shall be pursuant to an interlocal agreement between the involved counties.

          Such systems may also provide for the processing and conversion of solid wastes into other valuable or useful products with full jurisdiction and authority to construct, lease, purchase, acquire, manage, regulate, maintain, operate, and control such system and plants, and to enter into agreements with public or private parties providing for the construction, purchase, acquisition, lease, maintenance, and operation of systems and plants for the processing and conversion of solid wastes and for the sale of said products.  Contracts shall be for facilities that are in substantial compliance with the solid waste management plans prepared pursuant to chapter 70.95 RCW.

          The legislative authority of a county may award contracts for solid waste handling, and such contracts may provide that a county pay a minimum periodic fee in consideration of the operational availability of a solid waste handling system or plant, without regard to the ownership of the system or plant or the amount of solid waste actually handled during all or any part of the contractual period.  There shall be included in the contract specific allocation of financial responsibility in cases where the amount of solid waste handled during the contract period falls below the minimum level provided in the contract.

(2) Ordinances adopted and contracts awarded for garbage collection and disposal under this section shall provide for a system of voluntary recycling meeting the requirements established by the county which shall be available to every person covered by the ordinance or served under the contract.  For the purposes of this section, "recycling" shall be as defined under RCW 70.93.030.

(3) Nothing in this section shall be construed to authorize the operation of a solid waste collection system by counties.