SENATE BILL REPORT

 

 

                                    SB 5755

 

 

BYSenators Benitz, Kreidler, Bailey, Niemi, Vognild, Talmadge and Moore

 

 

Providing major solid waste reform.

 

 

Senate Committee on Environment & Natural Resources

 

      Senate Hearing Date(s):February 15, 1989; March 1, 1989

 

Majority Report:  That Substitute Senate Bill No. 5755 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, Owen, Patterson, Sutherland.

 

      Senate Staff:Atsushi Kiuchi (786-7708); Gary Wilburn (786-7453)

                  March 2, 1989

 

 

  AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, MARCH 1, 1989

 

BACKGROUND:

 

In 1987, the Legislature created the Joint Select Committee for Preferred Solid Waste Management to recommend strategies to manage waste in an environmentally acceptable and cost effective manner.  The committee focused on the development of a system to separate various components of the waste stream, such as paper, metals, glass, and yardwaste, and to manage them using "integrated" practices.  These practices include recycling, composting, incineration, and landfilling.  By separating the components of the waste stream, each can be managed to extract its highest economic value while minimizing adverse environmental impacts.

 

Another committee focus has been to identify ways to increase counties' authority to implement these practices.  Under current law, counties have less authority to manage solid waste than cities.

 

SUMMARY:

 

Findings:  A management hierarchy of waste reduction, source separation, and integrated waste management is created.

 

Definitions:  The term "solid waste" is redefined to include both "garbage" and "recyclables" as separate components of the waste stream.

 

Service Levels:  Local governments are required to submit plans for programs to collect source separated waste by January 2, 1991.

 

Three levels of collection service are established for source separated waste.  The highest level of services is "primary" which includes:  1) curbside collection of household recyclables; 2) collection of paper and glass from commercial entities; 3) mixed waste processing, if practical; 4) yardwaste collection, and 5) education programs to promote waste reduction and recycling.

 

The middle level of services is "secondary" which includes:  1) residential curbside collection of newspaper and aluminum cans; 2) buy-back or drop- off centers accepting all household recyclables; 3) drop-off centers for yardwaste; 4) commercial recycling programs for paper and glass in areas where commercial entities are concentrated; and 5) education programs.

 

The lowest level of services is "threshold" which is similar to the "middle" level of services, except that no curbside collection of recyclables is required.

 

Local governments are grouped into four classes based on distance to markets and population characteristics.  Class 1 areas must provide for the highest level of recycling services; these areas include the urban areas within the Puget Sound counties from Whatcom to Thurston, including San Juan and Island Counties. Class 2 and 3 areas must provide for the middle level of recycling services, and include all urban areas in the rest of western Washington and in eastern Washington.  Class 4 areas must provide for the lowest level of services; these areas include all areas not designated as urban.

 

Urban areas are cities with a population of 17,500 or more, and cities and densely settled unincorporated areas that have an urban designation by the U.S. Census and a combined population of at least 50,000.

 

Collection and Management Authority:  The Utilities and Transportation Commission, (UTC), is directed to grant a "G" permit to collect recyclables to all applicants that meet minimum safety and insurance requirements.  All existing waste haulers automatically receive an "R" permit.  County governments have the optional authority to contract with, and regulate, the collection of recyclables.  If a county decides to regulate the collection of recyclables, it may contract with any recycler or waste hauler having the required "R" permit.  If a county declines to exercise this option, recyclables will be collected by the existing waste hauler under the regulation of the UTC.

 

Enforcement Authority:  A study is required to evaluate the roles and responsibilities of state and local entities in enforcing solid waste regulations.  Local health departments are authorized to give any part of its enforcement authority to the department of ecology.

 

Planning:  The Department of Ecology monitors the amount and types of waste generated, and evaluates programs to collect source separated materials by local governments.

 

Local governments must assess how the local solid waste management plan will effect costs to ratepayers.  The UTC reviews local solid waste management plans and advises Ecology on the plan's impact on ratepayers.  The UTC also designs rate structures to encourage recycling over garbage disposal.

 

Automotive Batteries:  It is unlawful to dispose of automotive batteries in landfills or incinerators.  Retail establishments are required to accept used batteries from their customers purchasing new batteries in a-one-to one exchange.  Battery wholesalers must accept batteries from retail customers in a one-to-one exchange.  Battery retailers are required to add $5 to the price of a battery if the customer does not return a used battery for exchange.  Provisions are made to suspend the requirements on battery retailers and wholesalers if the market price of lead, the principal component of batteries, drops below a specified value.

 

Product Packaging/Education:  A product packaging task force is created to make recommendations for reducing product packaging waste.  An education advisory committee coordinates the efforts of state and local agencies developing educational materials on waste reduction and recycling.

 

Ecology and the Department of General Administration are to develop a model state waste reduction and recycling program.  All state agencies develop a plan to source separate their waste.  Plans are due July 1, 1990.  Ecology also develops a program to achieve waste reduction and recycling within public schools.

 

Local Procurement Policies:  Local governments are authorized to develop policies to preferentially purchase products made of recyclable materials.

 

Market Development:  Local governments may receive funds from the Community Economic Revitalization Board and Referendum 39 to encourage private development of facilities to process recyclable materials.

 

Ecology and the Department of Trade and Economic Development are to determine the feasibility of food, yardwaste, and sludge composting by funding local government demonstration projects.  $1.5 million is appropriated from Referendum 39 funds for three block grants of $500,000 each to local governments. The State Energy Office and other state agencies are to determine a number of factors relating to markets for mixed paper and the impacts of burning plastics.

 

Operator Certification:  Operators of solid waste incinerators and landfills must employ certified operators by January 1, 1992.  The Department of Ecology must create an advisory committee to develop a process to certify operators.  Penalties for noncompliance are established.

 

Revenues:  A 3 percent surcharge is imposed on the existing 3.6 percent refuse collection tax.  Recyclables collected at curbside are assessed the surcharge.  Revenues from the surcharge are to be returned to local governments to meet requirements for collection of source separated waste.  Local governments may reduce the surcharge if they can demonstrate that sufficient expenditures have been made on these requirements.

 

A $5 per ton tax is imposed on garbage entering a landfill, transfer station, or incinerator.  Eighty percent of the revenues are placed in a local solid waste management account.  Revenues from this account will be returned to the local government entity generating the waste for the purpose of meeting the source separation requirements.  Twenty percent of the revenues are placed in a state solid waste account to fund technical assistance for local governments and for studies commissioned in this legislation.  Local governments not implementing the source separation requirements by July 1, 1994 shall only receive 50 percent of funds; the remaining 50 percent will go to the state account.

 

Joint Select Committee:  The sunset date of the Joint Select Committee for Preferred Solid Waste Management is extended from July 1, 1989 to July 1, 1993.

 

The solid waste management account is created.  Money from the account is to fund the food, yardwaste, and sludge demonstration projects, and technical assistance to local governments to plan for and implement the source separation requirements.

 

 

EFFECT OF PROPOSED SUBSTITUTE:

 

All of the provisions of the original bill are stricken.

 

The Legislature makes findings regarding new directions to reduce solid waste generated, source separation in the waste stream and recycling; considerations for economic and environmental factors; and citizens involvement for source separation.

 

It further finds that the state should pursue integrated waste management program priorities of waste reduction, source separation, recycling, energy recovery, and incineration and/or landfilling; and provide flexibility for local governments to develop plans and implement them.

 

It also finds need for market development; product packaging reduction; preferential purchasing by agencies; training and certification of operators; and recycling of batteries and other problem wastes.

 

Appropriation:    none

 

Revenue:    yes

 

Fiscal Note:      available

 

Senate Committee - Testified: Nancy Pearson, Washington Citizens for Recycling (for); Kathleen Collins, Association of Washington Cities (against); Randy Scott, Washington State Association of Counties; George Cvitanich, Washington Waste Management Association (against); Lewis Holcomb, Washington State Recycling Association (against)