AN ACT Relating to solid waste management; amending RCW 70.95.200, 70.95.180, 70.93.020, 70.93.120, 70.93.030, and 70.93.194; adding new sections to chapter 70.95 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 70.95 RCW to read as follows:

Whenever the jurisdictional health department has reason to believe that any provision of a permit for a solid waste disposal site or facilities has been violated or that a person required to obtain a permit has failed to do so, the health department may serve written notice upon the alleged violator(s). The notice shall specify the provision of the permit alleged to be violated or the requirement for a permit and the facts alleged to constitute the violation. The notice may include an order to take corrective action and a written schedule to effect compliance. A copy of the notice and order shall be sent to the department. In lieu of an order, the health department may require that the alleged violator(s) appear before the local board of health for a hearing. In addition to or instead of an order or hearing, the jurisdictional health department may initiate action pursuant to RCW 70.95.200.

NEW SECTION. Sec. 2. A new section is added to chapter 70.95 RCW to read as follows:

Whenever the department has reason to believe that a violation of a permit for a solid waste disposal site or facilities has occurred or that a person required to obtain a permit has failed to do so, and that action initiated by the jurisdictional health department for correction of the violation will not achieve compliance, or that the jurisdictional health department is not initiating action, the department shall notify the jurisdictional health department in writing of its intent to serve notice upon the alleged violator(s), including reasons for that action. The jurisdictional health department shall respond, in writing, within thirty days of receipt of notification. After taking into consideration comments from the jurisdictional health department and any action the health department may take, the department may serve written notice upon the alleged violator(s). The notice shall specify the provision of the permit alleged to be violated or the requirement for a permit and the facts alleged to constitute a violation. The notice may include an order to take corrective action and a written schedule to effect compliance. In addition to or instead of an order, the department may initiate action pursuant to RCW 70.95.200.

Sec. 3. Section 20, chapter 134, Laws of 1969 ex. sess. and RCW 70.95.200 are each amended to read as follows:

((Any permit for a solid waste disposal site issued as provided herein shall be subject to suspension at any time the jurisdictional health department determines that the site or the solid waste disposal facilities located on the site are being operated in violation of this chapter, or the regulations of the department or local laws and regulations.)) Any person who operates a solid waste disposal site or facility in violation of this chapter, or the regulations of the department, or local laws and regulations, is subject to a civil penalty of not less than five hundred nor more than ten thousand dollars. Each day a violation continues is a separate offense. When the jurisdictional health department or the department determines a site or facility is in violation, the operator shall bring the site or facility into compliance or the permit shall be suspended. The penalty may be suspended by the office determining the violation as long as the operator is actively attempting to correct the violation.

Penalties recovered under this section shall be deposited in the solid waste management account.

NEW SECTION. Sec. 4. A new section is added to chapter 70.95 RCW to read as follows:

Any person aggrieved by the failure of performance with regard to the issuance of a permit under this chapter, obtaining a permit under this chapter, or compliance with a permit issued under this chapter may request review from the jurisdictional health department or the department. The person may appeal the decision of the jurisdictional health department or the department to the pollution control hearings board in accordance with chapter 43.21B RCW.

Sec. 5. Section 18, chapter 134, Laws of 1969 ex. sess. and RCW 70.95.180 are each amended to read as follows:

(1) Applications for permits to operate new or existing solid waste disposal sites shall be on forms prescribed by the department ((~~of environmental quality~~)) and shall contain a description of the proposed and existing facilities and operations at the site, plans and specifications for any new or additional facilities to be constructed, and such other information as the jurisdictional health department may deem necessary in order to determine whether the site and solid waste disposal facilities located thereon will comply with local and state regulations.

(2) Upon receipt of an application for a permit to establish, alter, expand, improve, or continue in use a solid waste disposal site, the jurisdictional health department shall refer one copy of the application to the department ((~~of environmental quality~~)) which shall report its findings to the jurisdictional health department.

(3) The jurisdictional health department shall investigate every application as may be necessary to determine whether an existing or proposed site and facilities meet all applicable laws and regulations, and conforms with the approved comprehensive solid waste handling plan, and complies with all zoning requirements.

(4) When the jurisdictional health department finds that the permit should be issued, it shall issue such permit. Every application shall be approved or disapproved within ninety days after its receipt by the jurisdictional health department.

(5) The jurisdictional board of health ((~~may~~)) shall establish reasonable fees for permits and renewal of permits. All permit fees collected by the health department shall be deposited in the treasury and to the account from which the health department's operating expenses are paid, and shall be used to fund local solid waste management enforcement or solid waste management activities.

NEW SECTION. Sec. 6. A new section is added to chapter 70.95 RCW to read as follows:

All persons disposing of solid waste at a landfill, transfer station, or disposal site utilizing energy recovery or incineration shall be assessed a fee of fifty cents per ton at the time of disposal. This fee is in addition to any other fees imposed and shall be deposited in the solid waste management account which is hereby established in the state treasury. Moneys deposited in the account shall be subject to legislative appropriation and shall be used for preparing plans as described in RCW 70.95.100, for review of permits for solid waste disposal sites or facilities, and for local solid waste management planning or solid waste management activities. Expenditures shall not be allowed for new disposal facilities or closure of existing landfills. Allocations shall be made such that in any biennium not less than sixty-five percent of funds authorized shall be used for the local government purposes mentioned in this section. All allocations shall be subject to the matching requirements of RCW 70.95.140. Prior to allocating funds to a local government, the department shall determine that (1) the applicant is in compliance with an approved local solid waste management plan and (2) the approved local solid waste management plan complies with the priorities identified in RCW 70.95.010.

Sec. 7. Section 2, chapter 307, Laws of 1971 ex. sess. as last amended by section 2, chapter 94, Laws of 1979 and RCW 70.93.020 are each amended to read as follows:

The purpose of this chapter is to accomplish litter control and stimulate ((~~private~~)) recycling programs throughout this state by delegating to the department of ecology the authority to: (1) Conduct a permanent and continuous program to control and remove litter from this state to the maximum practical extent possible; (2) recover and recycle waste materials related to litter and littering; (3) foster private recycling; and (4) increase public awareness of the need for ((~~recycling and~~)) litter control, waste reduction, and recycling and ways to accomplish multimaterial recycling. It is further the intent and purpose of this chapter to create jobs for employment of youth in litter cleanup, recycling, and related activities and to stimulate and encourage ((~~small,~~)) private recycling centers. This program shall include the compatible goal of recovery of recyclable materials to conserve energy and natural resources wherever practicable. Every other department of state government and all local governmental units and agencies of this state shall cooperate with the department of ecology in the administration and enforcement of this chapter. The intent of this chapter is to add to and to coordinate existing recycling and litter control and removal efforts and not terminate or supplant such efforts. Cooperative recycling efforts between the public and private sectors are to be encouraged where appropriate. Public programs should be promoted when the private recycling industry is unwilling or unable to provide multimaterial recycling opportunities, especially in areas where low-value materials are not currently being recycled. Public programs should be contracted out to the private sector whenever feasible.

Sec. 8. Section 12, chapter 307, Laws of 1971 ex. sess. and RCW 70.93.120 are each amended to read as follows:

There is hereby levied and there shall be collected by the department of revenue from every person engaging within this state in business as a manufacturer and/or making sales at wholesale and/or making sales at retail, an annual litter assessment equal to the value of products manufactured and sold within this state, including by-products, multiplied by ((~~one and one-half hundredths~~)) twenty-four one-thousandths of one percent in the case of manufacturers, and equal to the gross proceeds of the sales of the business within this state multiplied by ((~~one and one-half hundredths~~)) twenty-four one-thousandths of one percent in the case of sales at wholesale and/or at retail.

Sec. 9. Section 3, chapter 307, Laws of 1971 ex. sess. as amended by section 3, chapter 94, Laws of 1979 and RCW 70.93.030 are each amended to read as follows:

As used in this chapter unless the context indicates otherwise:

(1) "Department" means the department of ecology;

(2) "Director" means the director of the department of ecology;

(3) "Disposable package or container" means all packages or containers defined as such by rules and regulations adopted by the department of ecology;

(4) "Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing;

(5) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity;

(6) "Litter receptacle" means those containers adopted by the department of ecology and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter;

(7) "Multimaterial recycling" means the collection of two or more separated recyclable commodities at recycling centers. Recyclable commodities include: Wood, wood pulp products, and fibrous wastes; glass and glass products; metals and metal products; and plastics, synthetics, and plastic products;

(8) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever;

((~~(8)~~)) (9) "Recycling" means the process of separating, cleansing, treating, and reconstituting used or discarded litter-related materials for the purpose of recovering and reusing the resources contained therein;

((~~(9)~~)) (10) "Recycling center" means a central collection point for recyclable materials;

((~~(10)~~)) (11) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks;

((~~(11)~~)) (12) "Watercraft" means any boat, ship, vessel, barge, or other floating craft;

((~~(12)~~)) (13) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.

Sec. 10. Section 9, chapter 94, Laws of 1979 and RCW 70.93.194 are each amended to read as follows:

The department shall allocate and distribute funds annually from the litter control account as follows:

(1) Not less than forty percent nor more than ((~~fifty~~)) forty-five percent for ((~~a litter patrol program~~)) the ecology youth corps to employ youth from the state to (a) remove litter from places and areas that are most visible to the public and (b) promote recycling in a manner consistent with this chapter;

(2) Not less than ((~~twenty~~)) ten percent nor more than ((~~thirty~~)) twenty percent to accomplish the litter control purposes of this chapter other than as specified in subsection (1) of this section. A substantial part of this portion shall be used for public education and awareness programs to control litter and to promote awareness of ((~~the Model Litter Control and Recycling Act~~)) opportunities for multimaterial recycling; and

(3) Not less than ((~~twenty~~)) forty percent nor more than ((~~thirty~~)) forty-five percent to accomplish the recycling purposes of this chapter((. A substantial part of this portion shall be used for public education and awareness programs to foster private local recycling efforts and to promote awareness of the Model Litter Control and Recycling Act)) and for solid waste management activities mandated under RCW 70.95.263 including but not limited to:

(a) Technical assistance and information;

(b) Development of pilot projects for solid waste recovery and recycling; and