AN ACT Relating to solid waste; amending RCW 70.95.010, 70.95.030, 70.95.100, 70.95.110, 70.95.090, 70.95.160, 81.77.010, 81.77.020, 81.77.030, 81.77.040, 81.77.050, 81.77.060, 81.77.080, 81.77.100, 81.77.110, 36.58.040, 35.21.120, 70.95.280, 43.21A.520, 35.21.130, 36.58.010, 35.23.352, 39.30.040, 43.160.010, 43.160.060, 82.18.010, 82.18.020, 82.18.030, 82.18.040, 82.18.050, 82.18.060, 82.18.070, and 82.18.080; amending section 15, chapter 528, Laws of 1987 as amended by section 6, chapter 184, Laws of 1988 (uncodified); reenacting and amending RCW 36.32.250; adding new sections to chapter 70.95 RCW; adding new sections to chapter 36.58 RCW; adding new sections to chapter 35.21 RCW; adding new sections to chapter 70.95C RCW; adding a new section to chapter 82.02 RCW; adding a new section to chapter 43.160 RCW; adding a new section to chapter 43.21A RCW; adding new sections to chapter 81.77 RCW; adding a new section to chapter 82.18 RCW; adding a new chapter to Title 43 RCW; adding a new chapter to Title 70 RCW; creating new sections; prescribing penalties; providing expiration dates; providing effective dates; and declaring an emergency.

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

Sec. 1. Section 1, chapter 134, Laws of 1969 ex. sess. as last amended by section 1, chapter 345, Laws of 1985 and RCW 70.95.010 are each amended to read as follows:

The legislature finds:

(1) Continuing technological changes in methods of manufacture, packaging, and marketing of consumer products, together with the economic and population growth of this state, the rising affluence of its citizens, and its expanding industrial activity have created new and ever-mounting problems involving disposal of garbage, refuse, and solid waste materials resulting from domestic, agricultural, and industrial activities.

(2) Traditional methods of disposing of solid wastes in this state are no longer adequate to meet the ever-increasing problem. Improper methods and practices of handling and disposal of solid wastes pollute our land, air and water resources, blight our countryside, adversely affect land values, and damage the overall quality of our environment.

(3) Considerations of natural resource limitations, energy shortages, economics and the environment make necessary the development and implementation of solid waste recovery and/or recycling plans and programs.

(4) ((~~The following priorities in the management of solid waste are necessary and should be followed in order of descending priority as applicable:~~

~~(a) Waste reduction;~~

~~(b) Waste recycling;~~

~~(c) Energy recovery or incineration; and~~

~~(d) Landfill.~~

~~(5)~~)) Waste reduction must become a fundamental element of solid waste management. It is therefore necessary to change manufacturing and purchasing practices and waste generation behaviors to reduce the amount of waste that becomes a governmental responsibility.

(5) Source separation of waste must become a fundamental element of solid waste management. Collection and handling strategies should have, as an ultimate goal, the source separation of all materials with resource value or environmental hazard.

(6) (a) It is the responsibility of every person to minimize his or her production of wastes and to separate recyclable or hazardous materials from mixed waste.

(b) It is the responsibility of state, county, and city governments to provide for a waste management infrastructure to fully implement waste reduction and source separation strategies and to process and dispose of remaining wastes in accordance with strict environmental safeguards. It is further the responsibility of state, county, and city governments to monitor the cost-effectiveness and environmental safety of combusting separated waste, processing mixed waste, and recycling programs.

(c) It is the responsibility of county and city governments to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies.

(d) It is the responsibility of state government to ensure that local governments are providing adequate source reduction and separation opportunities and encouragements to all, including persons in both rural and urban areas, and nonresidential waste generators such as commercial, industrial, and institutional entities; and to provide county and city governments with adequate technical resources to accomplish this responsibility. It is further the responsibility of state government to develop and enhance markets for recyclable materials.

(7) After the fundamental waste management strategies of waste reduction and source separation, the following priorities in the management of solid waste are necessary and should be followed in descending order as applicable:

(a) Recycling;

(b) Processing mixed waste;

(d) Incinerating or landfilling mixed waste.

(8) It is the state's goal to achieve a fifty percent recycling rate by 1995.

(9) Steps should be taken to make recycling at least as affordable and convenient as mixed waste disposal.

(10) It is necessary to compile and maintain adequate data on the types and quantities of solid waste that are being generated and to monitor how the various types of solid waste are being managed.

(11) Vehicle batteries should be recycled.

(12) Excessive and nonrecyclable packaging of products should be avoided.

(13) Comprehensive education should be conducted throughout the state so that people are informed of the need to reduce, source separate, and recycle solid waste.

(14) All governmental entities in the state should set an example by implementing aggressive waste reduction and recycling programs at their workplaces and by purchasing products that are made from recycled materials and are recyclable.

(15) To ensure the safe and efficient operations of solid waste disposal facilities, it is necessary for operators and regulators of landfills and incinerators to receive training and certification.

(16) It is necessary to provide adequate funding to all levels of government so that successful waste reduction and recycling programs can be implemented.

(17) There is an imperative need to anticipate, plan for, and accomplish effective storage, control, recovery, and recycling of discarded ((~~vehicle~~)) tires and other problem wastes with the subsequent conservation of resources and energy.

Sec. 2. Section 3, chapter 134, Laws of 1969 ex. sess. as last amended by section 3, chapter 345, Laws of 1985 and RCW 70.95.030 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise:

(1) "City" means every incorporated city and town.

(2) "Committee" means the solid waste advisory committee.

(3) "Department" means the department of ecology.

(4) "Director" means the director of the department of ecology.

(5) "Disposal site" means the location where any final treatment, utilization, processing, or depository of solid waste occurs.

(6) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

(7) "Jurisdictional health department" means city, county, city-county, or district public health department.

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

(9) "Recyclable materials" means those solid wastes that can be diverted for recycling or reuse which otherwise would be disposed of through landfilling or incineration.

(10) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and ((~~discarded commodities~~)) recyclable materials.

((~~(10)~~)) (11) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such solid wastes or the conversion of the energy in such solid wastes to more useful forms or combinations thereof.

((~~(11)~~)) (12) "Source separation" means the separation of different kinds of solid waste at the place where the waste is created.

(13) "Waste reduction" means reducing the amount or type of waste generated or reusing materials.

((~~(12) "Waste~~)) (14) "Recycling" means ((~~reusing waste materials and extracting valuable materials from a waste stream~~)) transforming waste materials into usable materials for use other than landfill disposal or incineration.

((~~(13)~~)) (15) "Energy recovery or incineration" means reducing the volume of wastes by use of an enclosed device using controlled flame combustion.

((~~(14)~~)) (16) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

((~~(15)~~)) (17) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

(18) "Mixed waste processing" means separating solid waste at a facility for the purpose of extracting material for recycling, composting, or incineration.

Sec. 3. Section 10, chapter 134, Laws of 1969 ex. sess. as amended by section 6, chapter 123, Laws of 1984 and RCW 70.95.100 are each amended to read as follows:

(1) The department shall provide to counties and cities technical assistance including, but not limited to, planning guidelines, in the preparation, review, and revision of solid waste management plans required by this chapter. Each comprehensive county or city solid waste management plan shall be submitted to the department for technical review and approval. If the department does not disapprove of any plan within ninety days of the date of its submittal to the department, the plan shall be deemed approved. The department shall approve each plan unless the department makes specific findings supporting a disapproval. If it disapproves, the department ((~~may~~)) shall recommend revisions ((~~essential to the achievement of effective solid waste management and~~)) it considers necessary to achieve the purposes of this chapter. Guidelines prepared under this section shall be consistent with the provisions of this chapter and the state solid waste management plan prepared pursuant to RCW 70.95.260.

(2) Counties and cities may submit draft plans to the department for technical review prior to the county or city adopting the plan.

(3) If the department disapproves a plan, the submitting entity may appeal the decision under chapter 34.05 RCW. The hearing shall be conducted by an administrative law judge. The approval and appeal process shall apply to an examination of specific findings, actions, and revisions which resulted in a disapproval under subsection (1) of this section.

Sec. 4. Section 11, chapter 134, Laws of 1969 ex. sess. as amended by section 7, chapter 123, Laws of 1984 and RCW 70.95.110 are each amended to read as follows:

(1) The comprehensive county solid waste management plans and any comprehensive city solid waste management plans prepared in accordance with RCW 70.95.080 shall be maintained in a current condition and reviewed and revised periodically by counties and cities as may be required by the department. Upon each review such plans shall be extended to show long-range needs for solid waste handling facilities for twenty years in the future, and a revised construction and capital acquisition program for six years in the future. Each revised solid waste management plan shall be submitted to the department.

Each plan shall be reviewed and revised within five years of ((~~June 7~~)) July 1, 1984, and thereafter shall be reviewed, and revised if necessary, at least once every five years.

(2) Cities and counties preparing solid waste management plans shall submit the waste reduction and recycling element required in RCW 70.95.090 to the department no later than:

(a) July 1, 1991, for class one areas;

(b) July 1, 1992, for class two areas; and

(3) The waste reduction and recycling element of each local comprehensive solid waste management plan shall assign levels of recycling services to the classes of areas defined as follows:

(a) Class one areas are the counties of Spokane, Snohomish, King, Pierce, Thurston, and Kitsap and all the cities therein.

(b) Class two areas are all other counties located west of the crest of the Cascade mountains and all the cities therein.

(c) Class three areas are the counties east of the crest of the Cascade mountains and all the cities therein, except for Spokane county.

(4) Cities and counties shall begin implementing the programs to collect source-separated materials no later than one year following the adoption and approval of the plan revisions and these programs shall be fully implemented within two years of approval.

NEW SECTION. Sec. 5. A new section is added to chapter 70.95 RCW to read as follows:

Levels of service shall be defined in the waste reduction and recycling element of each local comprehensive solid waste management plan and shall include the services set forth in RCW 70.95.090. In determining which service level is provided to residential and nonresidential waste generators in each community, counties and cities shall develop clear criteria for designating areas as urban or rural. In designating urban areas, local governments shall consider the following parameters:

(a) Any city having a population of at least seventeen thousand five hundred;

(b) Any area of the state that comprises contiguous incorporated and unincorporated areas that have a combined population of at least fifty thousand;

(d) Any technical documents, including but not limited to local land use plans.

Sec. 6. Section 9, chapter 134, Laws of 1969 ex. sess. as last amended by section 5, chapter 123, Laws of 1984 and RCW 70.95.090 are each amended to read as follows:

Each county and city comprehensive solid waste management plan shall include the following:

(1) A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.

(2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.

(3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:

(a) Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;

(b) Take into account the comprehensive land use plan of each jurisdiction;

(d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.

(4) A program for surveillance and control.

(5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:

(a) Any franchise for solid waste collection granted by the utilities and transportation commission in the respective jurisdictions including the name of the holder of the franchise and the address of his place of business and the area covered by his operation;

(b) Any city solid waste operation within the county and the boundaries of such operation;

(c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;

(d) The projected solid waste collection needs for the respective jurisdictions for the next six years.

(6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in RCW 70.95.010, provides implementation strategies for programs that (a) reduce the amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling opportunities for the source separated waste. The waste reduction and recycling element shall include the following:

(i) Waste reduction strategies;

(ii) Source separation strategies, including:

(A) Programs for the collection of source separated materials for both residential and nonresidential waste in urban and rural areas. In urban areas, these programs shall include collection of source-separated recyclable materials from residential dwellings unless the plan demonstrates that the same or greater recovery rate and a reasonable level of public participation can be achieved by an alternative method of collection. In rural areas, these programs shall include drop-off or buy-back centers, or both, located at each solid waste processing or disposal site or at a location at least as convenient.

(B) Programs to collect source separated waste at nonresidential sites.

(C) Programs to collect yard waste, if the county or city submitting the plan finds that composted yard waste has adequate markets or capacity within or near the service area to consume the majority of the material collected.

(D) Programs to educate and promote the concept of recycling.

(iii) Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a description of waste composition, a discussion and description of existing programs and any additional programs needed to assist public and private sector recycling, and an implementation schedule for the designation of specific materials to be collected for recycling, and for the provision of recycling collection services.

(iv) Other information the county or city submitting the plan determines is necessary.

(7) An assessment of the plan's impact on the costs of solid waste collection. The assessment shall be prepared in conformance with guidelines established by the utilities and transportation commission. The commission shall cooperate with the Washington state association of counties and the association of Washington cities in establishing such guidelines.

(8) A review of potential areas that meet the criteria as outlined in RCW 70.95.165.

Sec. 7. Section 16, chapter 134, Laws of 1969 ex. sess. as amended by section 29, chapter 127, Laws of 1988 and RCW 70.95.160 are each amended to read as follows:

Each county, or any city, or jurisdictional board of health shall adopt regulations or ordinances governing solid waste handling implementing the comprehensive solid waste management plan covering storage, collection, transportation, treatment, utilization, processing and final disposal including but not limited to the issuance of permits and the establishment of minimum levels and types of service for any aspect of solid waste handling. County regulations or ordinances adopted regarding levels and types of service shall not apply within the limits of any city where the city has by local ordinance or regulation determined that the county shall not exercise such powers within the corporate limits of the city. Such regulations or ordinances shall assure that solid waste storage and disposal facilities are located, maintained, and operated in a manner so as properly to protect the public health, prevent air and water pollution, implement the priorities established in RCW 70.95.010, and avoid the creation of nuisances. Such regulations or ordinances may be more stringent than the minimum functional standards adopted by the department. Regulations or ordinances adopted by counties, cities, or jurisdictional boards of health shall be filed with the department.

NEW SECTION. Sec. 8. A new section is added to chapter 70.95 RCW to read as follows:

Upon receipt, the department shall immediately provide the utilities and transportation commission with a copy of each local comprehensive solid waste management plan. Within forty-five days after receiving a plan, the commission shall have reviewed the plan's assessment of solid waste collection cost impacts on rates charged by solid waste collection companies regulated under chapter 81.77 RCW and shall advise the county or city submitting the plan and the department of the probable effect of the plan's recommendations on those rates.

Sec. 9. Section 2, chapter 295, Laws of 1961 and RCW 81.77.010 are each amended to read as follows:

As used in this chapter:

(1) "Motor vehicle" means any truck, trailer, semitrailer, tractor or any self-propelled or motor driven vehicle used upon any public highway of this state for the purpose of transporting ((~~garbage and refuse~~)) solid waste, for the collection and/or disposal thereof;

(2) "Public highway" means every street, road, or highway in this state;

(3) "Common carrier" means any person who undertakes to transport ((~~garbage and refuse~~)) solid waste, for the collection and/or disposal thereof, by motor vehicle for compensation, whether over regular or irregular routes, or regular or irregular schedules;

(4) "Contract carrier" means all garbage and refuse transporters not included under the terms "common carrier" and "private carrier," as herein defined, and further, shall include any person who under special and individual contracts or agreements transports ((~~garbage and refuse~~)) solid waste by motor vehicle for compensation;

(5) "Private carrier" means a person who, in his own vehicle, transports ((~~garbage or refuse~~)) solid waste purely as an incidental adjunct to some other established private business owned or operated by him in good faith;

(6) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any ((~~garbage or refuse~~)) solid waste is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rail or tracks;

(7) "((~~Garbage and refuse~~)) Solid waste collection company" means every person or his lessees, receivers, or trustees, owning, controlling, operating or managing vehicles used in the business of transporting ((~~garbage and refuse~~)) solid waste for collection and/or disposal for compensation, except septic tank pumpers, over any public highway in this state whether as a "common carrier" thereof or as a "contract carrier" thereof;

(8) "Solid waste" means the same as defined under RCW 70.95.030, except solid waste shall not include recyclable materials;

(9) "Recyclable materials" means the same as defined under RCW 70.95.030; and

(10) "Recyclable materials collection company" means every person or his lessees, receivers, or trustees, owning, controlling, operating, or managing vehicles used in the business of collecting and transporting source separated recyclable materials from residences and other locations for compensation over any public highway in this state whether as a "common carrier" thereof or as a "contract carrier" thereof, but shall not include collecting and transporting recyclable materials from a recycling buy-back center or drop-box, nor the transportation of recyclable materials by, or on behalf of, a commercial or industrial generator of commercial recyclable material to a recycler for reuse or reclamation.

Sec. 10. Section 3, chapter 295, Laws of 1961 and RCW 81.77.020 are each amended to read as follows:

No person, his lessees, receivers, or trustees, shall engage in the business of operating as a ((~~garbage and refuse~~)) solid waste collection company in this state, except in accordance with the provisions of this chapter: PROVIDED, That the provisions of this chapter shall not apply to the operations of any ((~~garbage and refuse~~)) solid waste collection company under a contract of ((~~garbage or refuse~~)) solid waste disposal with any city or town, nor to any city or town which itself undertakes the disposal of ((~~garbage or refuse~~)) solid waste.

NEW SECTION. Sec. 11. A new section is added to chapter 81.77 RCW to read as follows:

No person, his lessees, receivers, or trustees, shall engage in the business of operating as a recyclable materials collection company in this state, except in accordance with the provisions of chapter 81.77 RCW: PROVIDED, That the provisions of chapter 81.77 RCW shall not apply to the operations of any recyclable materials collection company under a contract with any county, city, or town, nor to any city or town which itself undertakes the collection and transportation of recyclable materials.

Sec. 12. Section 4, chapter 295, Laws of 1961 as last amended by section 1, chapter 239, Laws of 1987 and RCW 81.77.030 are each amended to read as follows:

The commission shall supervise and regulate every ((~~garbage and refuse~~)) solid waste collection company and recyclable materials collection company in this state,

(1) By fixing and altering its rates, charges, classifications, rules and regulations;

(2) By regulating the accounts, service, and safety of operations;

(3) By requiring the filing of annual and other reports and data;

(4) By supervising and regulating such persons or companies in all other matters affecting the relationship between them and the public which they serve;

(5) By ((~~reviewing~~)) requiring compliance with local solid waste management plans ((through letters of compliance submitted by the county legislative authority. The compliance letters shall become part of the record in any rate, compliance, or any hearing held by the commission on the issuance, revocation, or reissuance of a certificate as provided for in RCW 81.77.070)) and related implementation ordinances;

(6) By requiring certificate holders under chapter 81.77 RCW to use rate structures and billing systems consistent with the solid waste management priorities set forth under RCW 70.95.010 and the minimum levels of solid waste collection and recycling services pursuant to local comprehensive solid waste management plans, including but not limited to consolidated billing if more than one certificate is granted.

The commission, on complaint made on its own motion or by an aggrieved party, at any time, after the holding of a hearing of which the holder of any certificate has had notice and an opportunity to be heard, and at which it shall be proven that the holder has wilfully violated or refused to observe any of the commission's orders, rules, or regulations, or has failed to operate as a ((~~garbage and refuse~~)) solid waste collection company or recyclable materials collection company for a period of at least one year preceding the filing of the complaint, may suspend, revoke, alter, or amend any certificate issued under the provisions of this chapter.

Sec. 13. Section 5, chapter 295, Laws of 1961 as amended by section 2, chapter 239, Laws of 1987 and RCW 81.77.040 are each amended to read as follows:

No ((~~garbage and refuse~~)) solid waste collection company shall hereafter operate for the hauling of ((~~garbage and refuse~~)) solid waste for compensation without first having obtained from the commission a certificate declaring that public convenience and necessity require such operation. A condition of operating a ((~~garbage and refuse~~)) solid waste company in the unincorporated areas of a county shall be complying with the solid waste management plan prepared under chapter 70.95 RCW applicable in the company's franchise area.

Issuance of the certificate of necessity shall be determined upon, but not limited to, the following factors: The present service and the cost thereof for the contemplated area to be served; an estimate of the cost of the facilities to be utilized in the plant for ((~~garbage and refuse~~)) solid waste collection and disposal, sworn to before a notary public; a statement of the assets on hand of the person, firm, association or corporation which will be expended on the purported plant for ((~~garbage and refuse~~)) solid waste collection and disposal, sworn to before a notary public; a statement of prior experience, if any, in such field by the petitioner, sworn to before a notary public; and sentiment in the community contemplated to be served as to the necessity for such a service.

When an applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, the commission may, after hearing, issue the certificate only if the existing ((~~garbage and refuse~~)) solid waste collection company or companies serving the territory will not provide service to the satisfaction of the commission.

In all other cases, the commission may, with or without hearing, issue certificates, or for good cause shown refuse to issue them, or issue them for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted such terms and conditions as, in its judgment, the public convenience and necessity may require.

Any right, privilege, certificate held, owned, or obtained by a ((~~garbage and refuse~~)) solid waste collection company may be sold, assigned, leased, transferred, or inherited as other property, but only upon authorization by the commission.

Any ((~~garbage and refuse~~)) solid waste collection company which upon July 1, 1961 is operating under authority of a common carrier or contract carrier permit issued under the provisions of chapter 81.80 RCW shall be granted a certificate of necessity without hearing upon compliance with the provisions of this chapter. Such ((~~garbage and refuse~~)) solid waste collection company which has paid the plate fee and gross weight fees required by chapter 81.80 RCW for the year 1961 shall not be required to pay additional like fees under the provisions of this chapter for the remainder of such year.

For purposes of issuing certificates under this chapter, the commission may adopt categories of solid wastes, including but not limited to garbage, refuse, demolition debris, and infectious waste. A certificate may be issued for one or more categories of solid waste. Certificates issued on or before the effective date of this act shall continue to authorize collection of only those categories of waste specified in the certificate.

NEW SECTION. Sec. 14. A new section is added to chapter 81.77 RCW to read as follows:

Notwithstanding any other provisions of chapter 81.77 RCW, the commission may issue certificates to recyclable materials collection companies upon a showing that the applicant is fit, willing, and able, and in the public interest, and that the applicant meets all commission safety and insurance requirements.

Sec. 15. Section 6, chapter 295, Laws of 1961 as amended by section 9, chapter 115, Laws of 1973 and RCW 81.77.050 are each amended to read as follows:

Any application for a certificate ((~~of public convenience and necessity~~)) issued under this chapter or amendment thereof, or application to sell, lease, mortgage, or transfer a certificate ((~~of public convenience and necessity~~)) issued under this chapter or any interest therein, shall be accompanied by such filing fee as the commission may prescribe by rule: PROVIDED, That such fee shall not exceed two hundred dollars.

Sec. 16. Section 7, chapter 295, Laws of 1961 and RCW 81.77.060 are each amended to read as follows:

The commission, in granting certificates to operate a ((~~garbage and refuse~~)) solid waste collection company or recyclable materials collection company, shall require the owner or operator to first procure liability and property damage insurance from a company licensed to make liability insurance in the state or a surety bond of a company licensed to write surety bonds in the state, on each motor propelled vehicle used or to be used in transporting ((~~garbage or refuse~~)) solid waste or recyclable materials for compensation in the amount of not less than twenty-five thousand dollars for any recovery for personal injury by one person, and not less than ten thousand dollars and in such additional amount as the commission shall determine, for all persons receiving personal injury by reason of one act of negligence, and not less than ten thousand dollars for damage to property of any person other than the assured, and to maintain such liability and property damage insurance or surety bond in force on each motor propelled vehicle while so used. Each policy for liability or property damage insurance or surety bond required herein shall be filed with the commission and kept in full force and effect and failure so to do shall be cause for revocation of the delinquent's certificate.

Sec. 17. Section 9, chapter 295, Laws of 1961 as last amended by section 3, chapter 143, Laws of 1971 ex. sess. and RCW 81.77.080 are each amended to read as follows:

Every ((~~garbage and refuse~~)) solid waste collection company or recyclable materials collection company shall, on or before the 1st day of April of each year, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee equal to ((~~eight-tenths of~~)) one percent of the amount of gross operating revenue: PROVIDED, That the fee shall in no case be less than one dollar.

It is the intent of the legislature that the fees collected under the provisions of this chapter shall reasonably approximate the cost of supervising and regulating motor carriers subject thereto, and to that end the utilities and transportation commission is authorized to decrease the schedule of fees provided in this section by general order entered before March 1st of any year in which it determines that the moneys then in the ((~~garbage and refuse~~)) solid waste collection companies account or recyclable materials collection companies account of the public service revolving fund and the fees currently to be paid will exceed the reasonable cost of supervising and regulating such carriers. The recyclable materials collection companies account is created in the public service revolving fund.

All fees collected under this section or under any other provision of this chapter shall be paid to the commission and shall be by it transmitted to the state treasurer within thirty days to be deposited to the credit of the public service revolving fund.

Sec. 18. Section 11, chapter 295, Laws of 1961 as amended by section 2, chapter 436, Laws of 1985 and RCW 81.77.100 are each amended to read as follows:

Neither this chapter nor any provision thereof shall apply, or be construed to apply, to commerce with foreign nations or commerce among the several states except insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of congress.

However, in order to protect public health and safety and to ensure ((~~garbage and refuse~~)) solid waste collection services and recyclable materials collection services are provided to all areas of the state, the commission, in accordance with this chapter, shall regulate all ((~~garbage or refuse~~)) solid waste collection companies and recyclable materials collection companies conducting business in the state.

Sec. 19. Section 2, chapter 105, Laws of 1965 ex. sess. and RCW 81.77.110 are each amended to read as follows:

The commission may with or without a hearing issue temporary certificates to engage in the business of operating a ((~~garbage and refuse~~)) solid waste collection company or recyclable materials collection company, but only after it finds that the issuance of such temporary certificate is consistent with the public interest. Such temporary certificate may be issued for a period up to one hundred eighty days where the area or territory covered thereby is not contained in the certificate of any other ((~~garbage and refuse~~)) solid waste collection company or recyclable materials collection company. In all other cases such temporary certificate may be issued for a period not to exceed one hundred twenty days. The commission may prescribe such special rules and regulations and impose such special terms and conditions with reference thereto as in its judgment are reasonable and necessary in carrying out the provisions of this chapter. The commission shall collect a fee of twenty-five dollars for an application for such temporary certificate.

NEW SECTION. Sec. 20. A new section is added to chapter 81.77 RCW to read as follows:

Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials to or from a buy-back center or drop-box, or upon agreement with a solid waste collection company.

Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation.

NEW SECTION. Sec. 21. A new section is added to chapter 70.95 RCW to read as follows:

NEW SECTION. Sec. 22. A new section is added to chapter 35.21 RCW to read as follows:

NEW SECTION. Sec. 23. A new section is added to chapter 36.58 RCW to read as follows:

NEW SECTION. Sec. 24. A new section is added to chapter 81.77 RCW to read as follows:

To assist in implementing a local comprehensive solid waste management plan, as required under RCW 70.95.090, the commission may direct that a surcharge be incorporated in the rates of a solid waste collection company. The proceeds of the surcharge shall be used to fund all or part of the operations of the recyclable materials collection company or companies that are collecting recyclable materials in the same area as the solid waste collection company collects solid waste.

NEW SECTION. Sec. 25. A new section is added to chapter 81.77 RCW to read as follows:

For rate-making purposes, a fee, charge, or tax on the disposal of solid waste into a landfill shall be considered a normal operating expense of the solid waste collection company.

Sec. 26. 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:

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.

The legislative authority of a county may by ordinance award contracts to a municipal entity or to a person to collect recyclable materials within unincorporated areas, or notify the commission to carry out and implement the provisions of the waste reduction and recycling element of the comprehensive solid waste management plan under section 5 of this act and RCW 70.95.090. The legislative authority has full authority to manage, regulate, and fix the price of the recyclable material collection service. The contracts may provide that a county pay minimum periodic fees to a municipal entity or permit holder. The provisions of chapter 39.12 RCW shall apply to contracts awarded under this section.

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

Sec. 27. 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:

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. The provisions of chapter 39.12 RCW shall apply to contracts awarded under this section.

NEW SECTION. Sec. 28. A new section is added to chapter 36.58 RCW to read as follows:

The legislative authority of any county may impose upon a solid waste collection company operating within the unincorporated areas of the county, a fee for such operational expenses as may be incurred under the requirements in RCW 70.95.100. Such fee shall be considered a legitimate operating expense of the solid waste collection company for rate-making purposes.

NEW SECTION. Sec. 29. A new section is added to chapter 35.21 RCW to read as follows:

The legislative authority of any city or town may impose upon a garbage collection and disposal company operating within the jurisdictional boundaries of a city or town, a fee for such operational expenses as may be incurred under the requirements in section 5 of this act and RCW 70.95.090. The fee shall be considered a legitimate operating expense of the solid waste collection company for rate-making purposes.

NEW SECTION. Sec. 30. A new section is added to chapter 70.95 RCW to read as follows:

Any jurisdictional health department and the department of ecology may enter into an agreement providing for the exercise by the department of ecology of any power that is specified in the contract and that is granted to the jurisdictional health department under this chapter. However, the jurisdictional health department shall have the approval of the legislative authority or authorities it serves before entering into any such agreement with the department of ecology.

NEW SECTION. Sec. 31. A new section is added to chapter 70.95 RCW to read as follows:

The institute for urban and local studies at Eastern Washington State University shall conduct a study of enforcement of solid waste management laws and regulations as a component of the 1990 state solid waste management plan. This study shall include, but shall not be limited to:

(1) A review of current state and local solid waste rules, requirements, policies, and resources devoted to state and local solid waste enforcement, and of the effectiveness of these programs in promoting environmental health and public safety;

(2) An examination of federal regulations and the latest proposed amendments to the Resource Conservation and Recovery Act, in subtitle D of the code of federal regulations;

(3) A review of regulatory approaches used by other states;

(4) A review and evaluation of educational and technical assistance programs related to enforcement;

(5) An inventory of regulatory compliance for all processing and disposal facilities handling mixed solid waste;

(6) A review of the role and effectiveness of other enforcement jurisdictions;

(7) An evaluation of the need for redefining institutional roles and responsibilities for enforcement of solid waste management laws and regulations in order to establish public confidence in solid waste management systems and ensure public protection; and

(8) An evaluation of possible benefits in separating the solid waste planning and technical assistance responsibilities from the enforcement responsibilities within the department.

Sec. 32. Section 1, chapter 184, Laws of 1988 and RCW 70.95.280 are each amended to read as follows:

The department of ecology shall determine the best management practices for categories of solid waste in accordance with the priority solid waste management methods established in RCW 70.95.010. In order to make this determination, the department shall conduct a comprehensive solid waste stream analysis and evaluation. Following establishment of baseline data resulting from an initial in-depth analysis of the waste stream, the department shall develop a less intensive method of monitoring significant changes in the disposed waste stream including, but not limited to, changes in the amount of waste generated and waste type. The department shall monitor curbside collection programs, and of other waste segregation and disposal technologies in order to determine to the extent possible, the effectiveness of these programs, their applicability to other locations, and their implications regarding rules adopted under this chapter. Persons who collect solid waste shall annually report to the department the types and quantities of solid waste that are collected and diverted. The department shall adopt guidelines for reporting and for keeping proprietary information confidential.

NEW SECTION. Sec. 33. A new section is added to chapter 70.95 RCW to read as follows:

(1) No person may knowingly dispose of a vehicle battery except by delivery to: A person or entity selling lead acid batteries, a person or entity authorized by the department to accept the battery, or to a secondary lead smelter.

(2) No owner or operator of a solid waste disposal site shall knowingly accept for disposal used vehicle batteries except when authorized to do so by the department or by the federal government.

(3) Any person who violates this section shall be subject to a fine of up to one thousand dollars. Each battery will constitute a separate violation. Nothing in this section and sections 34 through 38 of this act shall supersede the provisions under chapter 70.105 RCW.

(4) For purposes of this section and sections 34 through 38 of this act, "vehicle battery" means batteries capable for use in any vehicle, having a core consisting of elemental lead, and a capacity of six or more volts.

NEW SECTION. Sec. 34. A new section is added to chapter 70.95 RCW to read as follows:

The department shall establish a procedure to identify, on an annual basis, those persons accepting used vehicle batteries from retail establishments.

NEW SECTION. Sec. 35. A new section is added to chapter 70.95 RCW to read as follows:

A person selling vehicle batteries at retail in the state shall:

(1) Accept, at the time of purchase of a replacement battery, in the place where the new batteries are physically transferred to the purchasers, and in a quantity at least equal to the number of new batteries purchased, used vehicle batteries from the purchasers, if offered by the purchasers. When a purchaser fails to provide an equivalent used battery or batteries, the purchaser may reclaim the core charge paid under section 36 of this act by returning, to the point of purchase within thirty days, a used battery or batteries and a receipt showing proof of purchase from the establishment where the replacement battery or batteries was purchased; and

(2) Post written notice which must be at least eight and one-half inches by eleven inches in size and must contain the universal recycling symbol and the following language:

(a) "It is illegal to put a motor vehicle battery or other vehicle battery in your garbage."

(b) "State law requires us to accept used motor vehicle batteries or other vehicle batteries for recycling, in exchange for new batteries purchased."

(c) "When you buy a battery, state law also requires us to include a core charge of five dollars if you do not return your old battery for exchange."

NEW SECTION. Sec. 36. A new section is added to chapter 70.95 RCW to read as follows:

Each retail sale of a vehicle battery shall include, in the price of the battery for sale, a core charge of not less than five dollars. When a purchaser offers the seller a used battery of equivalent size, the seller shall omit the core charge from the price of the battery.

NEW SECTION. Sec. 37. A new section is added to chapter 70.95 RCW to read as follows:

(1) A person selling vehicle batteries at wholesale to a retail establishment in this state shall accept, at the time and place of transfer, used vehicle batteries in a quantity at least equal to the number of new batteries purchased, if offered by the purchaser.

(2) When a battery wholesaler, or agent of the wholesaler, fails to accept used vehicle batteries as provided in this section, a retailer may file a complaint with the department and the department shall investigate any such complaint.

(3)(a) The department shall issue an order suspending any of the provisions of sections 35 through 38 of this act whenever it finds that the market price of lead has fallen to the extent that new battery wholesalers' estimated state-wide average cost of transporting used batteries to a smelter or other person or entity in the business of purchasing used batteries is clearly greater than the market price paid for used lead batteries by such smelter or person or entity.

(b) The order of suspension shall only apply to batteries that are sold at retail during the period in which the suspension order is effective.

(c) The department shall limit its suspension order to a definite period not exceeding six months, but shall revoke the order prior to its expiration date should it find that the reasons for its issuance are no longer valid.

NEW SECTION. Sec. 38. A new section is added to chapter 70.95 RCW to read as follows:

The department shall produce, print, and distribute the notices required by section 35 of this act to all places where vehicle batteries are offered for sale at retail and in performing its duties under this section the department may inspect any place, building, or premise governed by section 35 of this act. Authorized employees of the agency may issue warnings and citations to persons who fail to comply with the requirements of sections 33 through 39 of this act. Failure to conform to the notice requirements of section 35 of this act shall subject the violator to a fine imposed by the department not to exceed one thousand dollars. However, no such fine shall be imposed unless the department has issued a warning for the violation. Each day that a violator does not comply with these requirements shall constitute a separate offense.

NEW SECTION. Sec. 39. A new section is added to chapter 70.95 RCW to read as follows:

The department shall adopt rules providing for the implementation and enforcement of sections 33 through 38 of this act.

NEW SECTION. Sec. 40. A new section is added to chapter 70.95 RCW to read as follows:

Incineration of medical waste shall be conducted under sufficient burning conditions to reduce all combustible material to a form such that no portion of the combustible material is visible in its uncombusted state.

NEW SECTION. Sec. 41. A new section is added to chapter 70.95 RCW to read as follows:

After the waste reduction and recycling element of a local comprehensive solid waste management plan is adopted by the county or city and approved by the department in accordance with RCW 70.95.100, an incinerator or energy resource recovery facility shall be permitted only if:

(1) It is consistent with the adopted local comprehensive solid waste management plan; and

(2) It is sized or utilizes a pricing structure or other contractual provisions so as to minimize potential disincentives to waste reduction and recycling levels which would otherwise be reasonably obtainable under the provision of the adopted local plan.

This section shall not apply to counties and cities that have entered into a contract to construct an incinerator on or before the effective date of this act. A waiver of the requirements of this section may be granted if the department finds that the proposed facility is consistent with the provisions of chapter 70.95 RCW.

Sec. 42. Section 1, chapter 67, Laws of 1987 and RCW 43.21A.520 are each amended to read as follows:

(1) The department of ecology shall develop and implement an environmental excellence awards program that recognizes products that are produced, labeled, or packaged in a manner that helps ensure environmental protection. The award shall be in recognition of products that are made from recycled materials, easy to recycle, substitute for more hazardous products, or otherwise help protect the environment. Application for the award shall be voluntary. The awards may be made in ((~~the following~~)) a variety of product categories including, but not limited to:

(a) Paint products;

(b) Cleaning ((~~agents~~)) products;

(d) Automotive, marine, and related maintenance products; ((~~and~~))

(e) Hobby and recreation products; and

(f) Any other product available for retail or wholesale sale.

(2) The department shall appoint an environmental excellence product award advisory committee to develop and recommend criteria for awarding environmental excellence awards for products. The committee shall also review award applications and make recommendations to the department. The committee shall consist of twelve members, comprised of three product manufacturing or other business representatives, three environmental representatives, three labor or consumer representatives, and three independent technical experts.

(3) Products receiving an environmental excellence award pursuant to this section ((~~would~~)) shall be entitled to display a logo or other symbol developed by the department to signify the award. Awards shall be given each year to as many products as qualify. The award logo may be displayed for a period to be determined by the department. Members of the environmental excellence product advisory committee shall be eligible for reimbursement for expenses incurred to conduct the business of the committee.

NEW SECTION. Sec. 43. A new section is added to chapter 70.95C RCW to read as follows:

(1) The office shall establish a product packaging task force. The purpose of the task force shall be to investigate and evaluate methods to:

(a) Reduce the volume or weight, or both, of product packaging entering the waste stream;

(b) Reduce the toxicity of product packaging entering the waste stream;

(d) Increase product packaging recycling; and

(e) Increase public awareness of the contribution of packaging to the solid waste problem.

In fulfilling the purpose of this subsection, the task force shall consider all applicable federal and state packaging standards and requirements. The task force shall coordinate with regional or national groups, or both, engage in evaluating packaging issues. Any standards recommended by this task force must consider available packaging materials, packaging weight or volume, or both, and educational package labeling.

The task force shall involve representatives from the department of trade and economic development, the department of ecology, the public, local governments, environmental associations, and industry, including but not limited to, product and packaging manufacturers, retail businesses, solid waste collection companies, and recycling businesses. However, fifty percent of the task force appointees shall be representative of industry.

The task force shall submit an action plan, including short and long-range recommendations, to achieve the purposes of this subsection to the legislature by January 2, 1991. The task force shall be terminated upon submittal of the plan to the legislature.

(2) The task force shall submit guidelines on product packaging to the environmental excellence product award advisory committee by January 2, 1990.

NEW SECTION. Sec. 44. A new section is added to chapter 82.02 RCW to read as follows:

(1) As of July 1, 1989, the state preempts the field of imposing deposits or taxes upon a limited class of products and product packaging for the purpose of affecting the disposal of the product or product packaging. The state shall have exclusive authority to impose such deposits or taxes. No local or regional political subdivision of the state shall have any authority to impose such a deposit or tax unless specifically granted authority by the state legislature.

(2) This section shall expire July 1, 1991, unless extended by the legislature.

NEW SECTION. Sec. 45. A new section is added to chapter 70.95C RCW to read as follows:

(1) As of July 1, 1989, the state preempts the field of imposing prohibitions on the sale or distribution of products and product packaging for the purpose of affecting the disposal of the product or product packaging. The state shall have exclusive authority to impose such prohibitions or bans. No local or regional political subdivision of the state shall have any authority to impose such a prohibition or ban on products or product packaging unless specifically granted such authority by the state legislature.

(2) This section shall expire July 1, 1991, unless extended by the legislature.

Sec. 46. Section 35.21.130, chapter 7, Laws of 1965 and RCW 35.21.130 are each amended to read as follows:

A garbage ordinance may:

(1) Require property owners and occupants of premises to use the garbage collection and disposal system and to dispose of their garbage as provided in the ordinance: PROVIDED, That a garbage ordinance shall not require any retail enterprise engaged in the sale of consumer-packaged products to locate or place a public garbage collection site or buy-back center upon or within a certain distance of the retail establishment as a condition of engaging in the sale of consumer-packaged products; and

(2) Fix charges for garbage collection and disposal and the manner and time of payment therefor including therein a provision that upon failure to pay the charges, the amount thereof shall become a lien against the property for which the garbage collection service is rendered. The ordinance may also provide penalties for its violation.

Sec. 47. Section 36.58.010, chapter 4, Laws of 1963 and RCW 36.58.010 are each amended to read as follows:

Any board of county commissioners may acquire by purchase or by gift, dedication, or donation, garbage sites for the use of the public in disposing of ((~~garbage and refuse~~)) solid waste. However, no board of county commissioners shall be authorized to require any retail enterprise engaged in the sale of consumer-packaged products to locate or place a public solid waste collection site or buy-back center upon or within a certain distance of the retail establishment as a condition of engaging in the sale of consumer-packaged products.

NEW SECTION. Sec. 48. A new section is added to chapter 70.95C RCW to read as follows:

The department shall schedule regular meetings with local governments to coordinate the development and dissemination of materials to encourage waste reduction and recycling. The department may involve the media, advertising agencies, publishers, and others as deemed necessary by the department to produce high quality materials encouraging citizens and businesses to reduce and recycle their wastes.

NEW SECTION. Sec. 49. A new section is added to chapter 70.95C RCW to read as follows:

The legislature finds and declares that the buildings and facilities owned and leased by state government produce significant amounts of solid and hazardous wastes, and actions must be taken to reduce and recycle these wastes and thus reduce the costs associated with their disposal. In order for the operations of state government to provide the citizens of the state an example of positive waste management, the legislature further finds and declares that state government should undertake an aggressive program designed to reduce and recycle solid and hazardous wastes produced in the operations of state buildings and facilities to the maximum extent possible.

The office of waste reduction, in cooperation with the department of general administration, shall establish an intensive waste reduction and recycling program to promote the reduction of waste produced by state agencies and to promote the source separation and recovery of recyclable and reusable materials.

All state agencies, including but not limited to, colleges, community colleges, universities, offices of elected and appointed officers, the supreme court, court of appeals, and administrative departments of state government shall fully cooperate with the office of waste reduction and recycling in all phases of implementing the provisions of this section. The office shall establish a coordinated state plan identifying each agency's participation in waste reduction and recycling. The office shall develop the plan in cooperation with a multi-agency committee on waste reduction and recycling. Appointments to the committee shall be made by the director of the department of general administration. The director shall notify each agency of the committee and shall implement the waste reduction and recycling plan.

NEW SECTION. Sec. 50. A new section is added to chapter 70.95C RCW to read as follows:

The office of waste reduction shall develop, in consultation with the superintendent of public instruction, an awards program to achieve waste reduction and recycling in the public schools, grades kindergarten through high school. The office shall develop guidelines for program development and implementation. Each public school shall implement a waste reduction and recycling program conforming to guidelines developed by the office.

For the purpose of granting awards, the office may group schools into not more than three classes, based upon student population, distance to markets for recyclable materials, and other criteria, as deemed appropriate by the office. Awards shall be granted each year to the schools that recycle the greatest quantity of school-generated material per student. Each award shall be of a sum not less than ten thousand dollars. The office shall also develop recommendations for an awards program for waste reduction in the public schools. The office shall submit these recommendations to the appropriate standing committees in the house of representatives and senate on or before November 30, 1989.

The superintendent of public instruction shall distribute guidelines and other materials developed by the office to implement programs to reduce and recycle waste generated in administrative offices, classrooms, laboratories, cafeterias, and maintenance operations.

Sec. 51. Section 2, chapter 120, Laws of 1987 as amended by section 3, chapter 168, Laws of 1988 and RCW 35.23.352 are each amended to read as follows:

(1) Any second or third class city or any town may construct any public works, as defined in RCW 39.04.010, by contract or day labor without calling for bids therefor whenever the estimated cost of the work or improvement, including cost of materials, supplies and equipment will not exceed the sum of thirty thousand dollars if more than one craft or trade is involved with the public works, or twenty thousand dollars if a single craft or trade is involved with the public works or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project.

Whenever the cost of the public work or improvement, including materials, supplies and equipment, will exceed these figures, the same shall be done by contract. All such contracts shall be let at public bidding upon posting notice calling for sealed bids upon the work. The notice thereof shall be posted in a public place in the city or town and by publication in the official newspaper, or a newspaper of general circulation most likely to bring responsive bids, once each week for two consecutive weeks before the date fixed for opening the bids. The notice shall generally state the nature of the work to be done that plans and specifications therefor shall then be on file in the city or town hall for public inspections, and require that bids be sealed and filed with the council or commission within the time specified therein. Each bid shall be accompanied by a bid proposal deposit in the form of a cashier's check, postal money order, or surety bond to the council or commission for a sum of not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such bid proposal deposit. The council or commission of the city or town shall let the contract to the lowest responsible bidder or shall have power by resolution to reject any or all bids and to make further calls for bids in the same manner as the original call.

When the contract is let then all bid proposal deposits shall be returned to the bidders except that of the successful bidder which shall be retained until a contract is entered into and a bond to perform the work furnished, with surety satisfactory to the council or commission, in the full amount of the contract price. If the bidder fails to enter into the contract in accordance with his bid and furnish a bond within ten days from the date at which he is notified that he is the successful bidder, the check or postal money order and the amount thereof shall be forfeited to the council or commission or the council or commission shall recover the amount of the surety bond.

If no bid is received on the first call the council or commission may readvertise and make a second call, or may enter into a contract without any further call or may purchase the supplies, material or equipment and perform the work or improvement by day labor.

(2) The allocation of public works projects to be performed by city or town employees shall not be subject to a collective bargaining agreement.

(3) In lieu of the procedures of subsection (1) of this section, a second or third class city or a town may use a small works roster and award contracts under this subsection for contracts of one hundred thousand dollars or less.

(a) The city or town may maintain a small works roster comprised of all contractors who have requested to be on the roster and are, where required by law, properly licensed or registered to perform such work in this state.

(b) Whenever work is done by contract, the estimated cost of which is one hundred thousand dollars or less, and the city uses the small works roster, the city or town shall invite proposals from all appropriate contractors on the small works roster: PROVIDED, That whenever possible, the city or town shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section. The invitation shall include an estimate of the scope and nature of the work to be performed, and materials and equipment to be furnished.

(c) When awarding such a contract for work, the estimated cost of which is one hundred thousand dollars or less, the city or town shall award the contract to the contractor submitting the lowest responsible bid.

(4) After September 1, 1987, each second class city, third class city, and town shall use the form required by RCW 43.09.205 to account and record costs of public works in excess of five thousand dollars that are not let by contract.

(5) The cost of a separate public works project shall be the costs of the materials, equipment, supplies, and labor on that construction project.

(6) Any purchase of supplies, material, equipment or services other than professional services, except for public work or improvement, where the cost thereof exceeds seven thousand five hundred dollars shall be made upon call for bids: PROVIDED, That the limitations herein shall not apply to any purchases of materials at auctions conducted by the government of the United States, any agency thereof or by the state of Washington or a political subdivision thereof.

(7) Bids shall be called annually and at a time and in the manner prescribed by ordinance for the publication in a newspaper published or of general circulation in the city or town of all notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder.

(8) For advertisement and competitive bidding to be dispensed with as to purchases between seven thousand five hundred and fifteen thousand dollars, the city legislative authority must authorize by resolution a procedure for securing telephone and/or written quotations from enough vendors to assure establishment of a competitive price and for awarding the contracts for purchase of materials, equipment, or services to the lowest responsible bidder. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry.

(9) These requirements for purchasing may be waived by resolution of the city or town council which declared that the purchase is clearly and legitimately limited to a single source or supply within the near vicinity, or the materials, supplies, equipment, or services are subject to special market conditions, and recites why this situation exists. Such actions are subject to RCW 39.30.020.

(10) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

(11) Nothing in this section shall prohibit any second or third class city or any town from allowing for preferential purchase of products made from recycled materials or products that may be recycled or recovered.

Sec. 52. Section 36.32.250, chapter 4, Laws of 1963 as last amended by section 9, chapter 169, Laws of 1985 and by section 1, chapter 369, Laws of 1985 and RCW 36.32.250 are each reenacted and amended to read as follows:

No contract, lease, or purchase may be entered into by the county legislative authority or by any elected or appointed officer of such county until after bids have been submitted to the county upon specifications therefor. Such specifications shall be in writing and shall be filed with the clerk of the county legislative authority for public inspection, and an advertisement thereof stating the time and place where bids will be opened, the time after which bids will not be received, the character of the work to be done, or material, equipment, or service to be purchased, and that specifications therefor may be seen at the office of the clerk of the county legislative authority, shall be published in the county official newspaper: PROVIDED, That advertisements for public works contracts for construction, alteration, repair, or improvement of public facilities shall be additionally published in a legal newspaper of general circulation in or as near as possible to that part of the county in which such work is to be done: AND PROVIDED FURTHER, That if the county official newspaper is a newspaper of general circulation covering at least forty percent of the residences in that part of the county in which such public works are to be done publication of an advertisement of the applicable specifications in the county official newspaper only shall be sufficient. Such advertisements shall be published at least once in each week for two consecutive weeks prior to the last date upon which bids will be received and as many additional publications as shall be determined by the county legislative authority. The bids shall be in writing, shall be filed with the clerk, shall be opened and read in public at the time and place named therefor in said advertisements, and after being opened, shall be filed for public inspection. No bid may be considered for public work unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent of the amount of the bid proposed. The contract for the public work, lease, or purchase shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles or equipment to be purchased or leased. Any or all bids may be rejected for good cause. The county legislative authority shall require from the successful bidder for such public work a contractor's bond in the amount and with the conditions imposed by law. If the bidder to whom the contract is awarded fails to enter into the contract and furnish the contractor's bond as required within ten days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the county and the contract awarded to the next lowest and best bidder. The bid deposit of all unsuccessful bidders shall be returned after the contract is awarded and the required contractor's bond given by the successful bidder is accepted by the county legislative authority. In the letting of any contract, lease, or purchase involving less than three thousand five hundred dollars, advertisement and competitive bidding may be dispensed with on order of the county legislative authority. Notice of intention to let contracts or to enter into lease agreements involving amounts exceeding one thousand dollars but less than three thousand five hundred dollars, shall be posted by the county legislative authority on a bulletin board in its office not less than three days prior to making such lease or contract. For advertisement and competitive bidding to be dispensed with as to purchases between one thousand and three thousand five hundred dollars, the county legislative authority must authorize by resolution a county procedure for securing telephone or written quotations, or both, from enough vendors to assure establishment of a competitive price and for awarding such contracts for purchase of materials, equipment, or services to the lowest responsible bidder. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. Wherever possible, supplies shall be purchased in quantities for a period of at least three months, and not to exceed one year. Supplies generally used throughout the various departments shall be standardized insofar as possible, and may be purchased and stored for general use by all of the various departments which shall be charged for the supplies when withdrawn from the purchasing department.

This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

Nothing in this section shall prohibit the legislative authority of any county from allowing for preferential purchase of products made from recycled materials or products that may be recycled or recovered.

Sec. 53. Section 1, chapter 72, Laws of 1985 and RCW 39.30.040 are each amended to read as follows:

(1) Whenever a unit of local government is required to make purchases from the lowest bidder or from the supplier offering the lowest price for the items desired to be purchased, the unit of local government may, at its option when awarding a purchase contract, take into consideration tax revenue it would receive from purchasing the supplies, materials, or equipment from a supplier located within its boundaries. The unit of local government must award the purchase contract to the lowest bidder after such tax revenue has been considered. However, any local government may allow for preferential purchase of products made from recycled materials or products that may be recycled or recovered. The tax revenues which units of local government may consider include sales taxes that the unit of local government imposes upon the sale of such supplies, materials, or equipment from the supplier to the unit of local government, and business and occupation taxes that the unit of local government imposes upon the supplier that are measured by the gross receipts of the supplier from such sale. Any unit of local government which considers tax revenues it would receive from the imposition of taxes upon a supplier located within its boundaries, shall also consider tax revenues it would receive from taxes it imposes upon a supplier located outside its boundaries.

(2) As used in this section, the term "unit of local government" means any county, city, town, metropolitan municipal corporation, public transit benefit area, county transportation authority, or other municipal or quasi-municipal corporation authorized to impose sales and use taxes or business and occupation taxes.

Sec. 54. Section 1, chapter 40, Laws of 1982 1st ex. sess. as last amended by section 1, chapter 422, Laws of 1987 and RCW 43.160.010 are each amended to read as follows:

(1) The legislature finds that it is the public policy of the state of Washington to direct financial resources toward the fostering of economic development through the stimulation of investment and job opportunities and the retention of sustainable existing employment for the general welfare of the inhabitants of the state. Reducing unemployment and reducing the time citizens remain jobless is important for the economic welfare of the state. A valuable means of fostering economic development is the construction of public facilities which contribute to the stability and growth of the state's economic base. Strengthening the economic base through issuance of industrial development bonds, whether single or umbrella, further serves to reduce unemployment. Consolidating issues of industrial development bonds when feasible to reduce costs additionally advances the state's purpose to improve economic vitality. Expenditures made for these purposes as authorized in this chapter are declared to be in the public interest, and constitute a proper use of public funds. A community economic revitalization board is needed which shall aid the development of economic opportunities. The general objectives of the board should include:

(a) Strengthening the economies of areas of the state which have experienced or are expected to experience chronically high unemployment rates or below average growth in their economies;

(b) Encouraging the diversification of the economies of the state and regions within the state in order to provide greater seasonal and cyclical stability of income and employment;

(d) Encouraging new economic development or expansions to maximize employment;

(e) Encouraging the retention of viable existing firms and employment; and

(f) Providing incentives for expansion of employment opportunities for groups of state residents that have been less successful relative to other groups in efforts to gain permanent employment.

(2) The legislature also finds that the state's economic development efforts can be enhanced by, in certain instances, providing funds to improve state highways in the vicinity of new industries considering locating in this state or existing industries that are considering significant expansion.

(a) The legislature finds it desirable to provide a process whereby the need for diverse public works improvements necessitated by planned economic development can be addressed in a timely fashion and with coordination among all responsible governmental entities.

(b) It is the intent of the legislature to create an economic development account within the motor vehicle fund from which expenditures can be made by the department of transportation for state highway improvements necessitated by planned economic development. All such improvements must first be approved by the state transportation commission and the community economic revitalization board in accordance with the procedures established by RCW 43.160.074 and 47.01.280. It is further the intent of the legislature that such improvements not jeopardize any other planned highway construction projects. The improvements are intended to be of limited size and cost, and to include such items as additional turn lanes, signalization, illumination, and safety improvements.

(3) The legislature also finds that the state's economic development efforts can be enhanced by providing funds to improve markets for those recyclable materials representing a large fraction of the waste stream. The legislature finds that public facilities which result in private construction of processing facilities for recyclable materials should receive priority consideration from the board.

Sec. 55. Section 6, chapter 40, Laws of 1982 1st ex. sess. as last amended by section 5, chapter 422, Laws of 1987 and RCW 43.160.060 are each amended to read as follows:

The board is authorized to make direct loans to political subdivisions of the state for the purposes of assisting the political subdivisions in financing the cost of public facilities, including development of land and improvements for public facilities, as well as the acquisition, construction, rehabilitation, alteration, expansion, or improvement of the facilities. A grant may also be authorized for purposes designated in this chapter, but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political subdivision.

Application for funds shall be made in the form and manner as the board may prescribe. In making grants or loans the board shall conform to the following requirements:

(1) The board shall not make a grant or loan:

(a) For a project the primary purpose of which is to facilitate or promote a retail shopping development or expansion.

(b) For any project that probably would result in a development or expansion that would displace existing jobs in any other community in the state.

(2) The board shall only make grants or loans:

(a) For those projects which would result in specific private developments or expansions (i) in manufacturing, production, food processing, assembly, warehousing, ((~~and~~)) industrial distribution, and processing recyclable materials, or (ii) which substantially support the trading of goods or services outside of the state's borders.

(b) For projects which it finds will improve the opportunities for the successful maintenance, establishment, or expansion of industrial or commercial plants or will otherwise assist in the creation or retention of long-term economic opportunities.

(c) When the application includes convincing evidence that a specific private development or expansion is ready to occur and will occur only if the grant or loan is made.

(3) The board shall prioritize each proposed project according to the number of jobs it would create after the project is completed and according to the unemployment rate in the area in which the jobs would be located. As long as there is more demand for loans or grants than there are funds available for loans or grants, the board is instructed to fund projects in order of their priority.

(4) A responsible official of the political subdivision shall be present during board deliberations and provide information that the board requests.

Before any loan or grant application is approved, the political subdivision seeking the loan or grant must demonstrate to the community economic revitalization board that no other timely source of funding is available to it at costs reasonably similar to financing available from the community economic revitalization board.

NEW SECTION. Sec. 56. A new section is added to chapter 43.160 RCW to read as follows:

(1) Before board consideration of an application from a political subdivision that includes a request for assistance in financing the cost of public facilities to encourage the development of a private facility to process recyclable materials, the application shall be forwarded by the board to the department of ecology.

(2) The board may not make its final determination on any application before receiving approval, as submitted or amended, or disapproval, from the department of ecology as specified in section 52 of this act.

(3) The board shall notify the department of ecology of its decision regarding any application made under this section.

NEW SECTION. Sec. 57. A new section is added to chapter 43.21A RCW to read as follows:

(1) Upon receiving an application for assistance in financing the cost of public facilities to encourage the development of a private facility to process recyclable materials from the board, the department shall, in a timely manner, determine whether or not the proposed assistance:

(a) Has a significant impact on the residential and commercial waste stream;

(b) Results in a product that has a ready market;

(d) Results in a product that would otherwise be purchased out-of-state.

(2) Upon completion of its determination of the factors contained in subsection (1) of this section and any other factors it deems pertinent, the department shall forward its approval, as submitted or amended, or disapproval, of the proposed improvements to the board, along with any recommendation it may wish to make concerning the desirability and feasibility of the proposed market development. If the department disapproves any proposed project, it shall specify its reasons for disapproval.

NEW SECTION. Sec. 58. A new section is added to chapter 70.95 RCW to read as follows:

(1) In order to establish the feasibility of composting sewer sludge and food and yard wastes, the department shall provide funds, as available, to local governments submitting a proposal to compost such wastes.

(2) The department, in cooperation with the department of trade and economic development, may approve an application if the project can demonstrate the essential parameters for successful composting, including, but not limited to, cost-effectiveness, handling and safety requirements, and current and potential markets.

(3) The department shall periodically report to the appropriate standing committees of the legislature on the need for, and feasibility of, composting systems for sewer sludge, and food and yard wastes.

NEW SECTION. Sec. 59. A new section is added to chapter 70.95 RCW to read as follows:

(1) The department shall assist local governments in establishing intensive waste diversion programs for commercial and household source separation. Such projects:

(a) Shall be above and beyond the minimum requirements of section 5 of this act and RCW 70.95.090;

(b) May be on a pilot or demonstration basis; and

(c) Shall be structured to determine the essential variables necessary to accomplish maximum feasible participation and waste stream diversion.

(2) The department shall periodically report to the appropriate standing committees of the legislature on the need for, and feasibility of, intensive waste diversion programs.

NEW SECTION. Sec. 60. In order to develop and enhance markets for scrap waste paper and to establish the safety and feasibility of burning certain plastics for energy recovery, the state energy office, in cooperation with the department of trade and economic development, shall conduct a study including, but not limited to, the following:

(1) A characterization of the facilities combusting scrap paper and plastics, including the design of handling equipment, combustors, and pollution control equipment;

(2) A determination of the quantity of scrap paper available for the fuel market, and the locations of potential suppliers;

(3) A determination of the capital and operating and maintenance costs of safely combusting scrap paper and plastic fuels;

(4) A determination of the market value of the fuel to potential users. The office shall report its finding to the legislature by December 31, 1989.

NEW SECTION. Sec. 61. The department shall conduct an investigation to determine the feasibility of returning unused paint to paint manufacturers for reuse or recycling, or both. In making the investigation, the department shall cooperate closely with the private sector. The department shall report its findings to the legislature by December 31, 1989.

NEW SECTION. Sec. 62. The office of waste reduction shall conduct a study of the current use of, and potential capacity for, use of recycled paper as feed stock to the state's pulp and paper industry. The office shall report its findings to the legislature by December 31, 1989.

NEW SECTION. Sec. 63. (1) There is created, within the department of trade and economic development, the Washington committee for recycling markets. The committee shall be appointed by the director and shall involve representatives of: Businesses that broker or process recycled materials but do not engage in collection; solid waste collection businesses; local government officials; local chambers of commerce; citizen recycling groups; manufacturers; institutions of higher education; the department of ecology; and other agencies, businesses, and organizations as may have an interest in development of recycling markets.

(2) The committee shall convene on or before September 1, 1989, and shall meet at least quarterly.

(3) The committee shall be supported by staff from the department of ecology and from the department of trade and economic development.

NEW SECTION. Sec. 64. The committee shall develop recommendations to:

(1) Develop new markets inside and outside this state for recycled materials;

(2) Attract new businesses to this state whose purpose is to use recycled materials;

(3) Promote business and consumer use of products made from recycled materials;

(4) Provide technical market assistance to businesses and local governments;

(5) Create a permanent entity to create and develop markets for recyclable materials.

NEW SECTION. Sec. 65. The committee shall report to the legislature on or before November 30, 1990, and its duties shall be terminated upon delivery of the report.

NEW SECTION. Sec. 66. Sections 63 through 65 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 67. Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.

(1) "Board" means the board of advisors for solid waste incinerator and landfill operator certification established by section 71 of this act.

(2) "Certificate" means a certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.

(3) "Department" means the department of ecology.

(4) "Director" means the director of ecology.

(5) "Incinerator" means a facility which has the primary purpose of burning or which is designed with the primary purpose of burning solid waste or solid waste derived fuel.

(6) "Landfill" means a landfill as defined under RCW 70.95.030.

(7) "Owner" means, in the case of a town or city, the city or town acting through its chief executive officer or the lessee if operated pursuant to a lease or contract; in the case of a county, the chief elected official of the county legislative authority or the chief elected official's designee; in the case of a board of public utilities, association, municipality, or other public body, the president or chief elected official of the body or the president's or chief elected official's designee; in the case of a privately owned landfill or incinerator, the legal owner.

(8) "Solid waste" means solid waste as defined under RCW 70.95.030.

NEW SECTION. Sec. 68. (1) By January 1, 1992, the owner or operator of a solid waste incineration facility shall employ a certified operator. At a minimum, the individual on-site at a solid waste incineration facility who is designated by the owner as the operator in responsible charge of the operation and maintenance of the facility on a routine basis shall be certified by the department.

(2) If a solid waste incinerator is operated on more than one daily shift, the operator in charge of each shift shall be certified.

(3) Operators not required to be certified are encouraged to become certified on a voluntary basis.

(4) The department shall adopt and enforce such rules as may be necessary for the administration of this section.

NEW SECTION. Sec. 69. (1) By January 1, 1992, the owner or operator of a landfill shall employ a certified landfill operator.

(2) The department shall adopt rules classifying all landfills with regard to the size, type, and other conditions affecting the complexity of a landfill and the skill, knowledge, and experience required of an operator to operate the landfill to protect human health and the environment.

(3) The rules shall require that the owner or operator of complex landfills employ a certified landfill operator who is on-site at all times the landfill is operating. At a minimum the rules shall require that owners or operators of landfills are required to employ a certified landfill operator who is on call at all times the landfill is operating.

NEW SECTION. Sec. 70. (1) The department shall establish a process to certify incinerator and landfill operators. To the greatest extent possible, the department shall rely on the certification standards and procedures developed by national organizations and the federal government.

(2) Operators shall be certified if they:

(a) Attend the required training sessions;

(b) Successfully complete required examinations; and

(3) By January 1, 1991, the department shall adopt rules to require incinerator and appropriate landfill operators to:

(a) Attend a training session concerning the operation of the relevant type of landfill or incinerator;

(b) Demonstrate sufficient skill and competency for proper operation of the incinerator or landfill by successfully completing an examination prepared by the department; and

(4) The department shall provide for the collection of fees for the issuance and renewal of certificates. These fees shall be sufficient to recover the costs of the certification program.

(5) The department shall establish an appeals process for the denial or revocation of a certificate.

(6) The department shall establish a process to automatically certify operators who have received comparable certification from another state, the federal government, a local government, or a professional association.

(7) Upon the effective date of this act and prior to January 1, 1992, the owner or operator of an incinerator or landfill may apply to the department for interim certification. Operators shall receive interim certification if they:

(a) Have received training provided by a recognized national organization, educational institution, or the federal government that is acceptable to the department; or

(b) Have received individualized training in a manner approved by the department; and

(8) No interim certification shall be valid after January 1, 1992, and interim certification shall not automatically qualify operators for certification pursuant to subsections (2) through (4) of this section.

NEW SECTION. Sec. 71. (1) A board of advisors for solid waste incinerator and landfill operator certification shall be established. Collectively, the board shall be a subcommittee of the solid waste advisory committee created under RCW 70.95.040 and shall be comprised of five members appointed by the director. The members shall be knowledgeable about solid waste handling technologies including but not limited to combustion boiler and pollution control technologies and their potential environmental impacts such as air emissions and ash residues.

(2) This board shall act as an advisory committee to the department and shall review and comment on the rules adopted under this chapter.

NEW SECTION. Sec. 72. (1) The director may, with the recommendation of the board and after a hearing before the board, revoke a certificate:

(a) If it were found to have been obtained by fraud or deceit;

(b) For gross negligence in the operation of a solid waste incinerator or landfill;

(d) If the facility operated by the certified employee is operated in violation of state or federal environmental laws.

(2) A person whose certificate is revoked under this section shall not be eligible to apply for a certificate for one year from the effective date of the final order or revocation.

NEW SECTION. Sec. 73. Any person who is employed by a public agency to inspect the operation of a landfill or an incinerator to determine the compliance of the facility with state or local laws or rules shall be required to be certified in the same manner as an operator under this chapter.

NEW SECTION. Sec. 74. To carry out the provisions and purposes of this chapter, the director may:

(1) Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the director deems appropriate with other state, federal, or interstate agencies, municipalities, educational institutions, or other organizations or individuals.

(2) Receive financial and technical assistance from the federal government, other public agencies, and private agencies.

(3) Participate in related programs of the federal government, other states, interstate agencies, other public agencies, or private agencies or organizations.

(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this chapter to federal, state, or interstate agencies, municipalities, educational institutions, and other organizations and individuals.

(5) Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out this chapter.

(6) Adopt rules under chapter 34.05 RCW.

NEW SECTION. Sec. 75. After January 1, 1992, it is unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a solid waste incineration or landfill facility unless the operators are duly certified by the director under this chapter or any lawful rule or order of the department. It is unlawful for any person to perform the duties of an operator without being duly certified under this chapter.

NEW SECTION. Sec. 76. Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, with the exception of incinerator operators, violating any provision of this chapter or the rules adopted under this chapter, is guilty of a misdemeanor. Incinerator operators who violate any provision of this chapter shall be guilty of a gross misdemeanor. Each day of operation in violation of this chapter or any rules adopted under this chapter shall constitute a separate offense. The prosecuting attorney or the attorney general, as appropriate, shall secure injunctions of continuing violations of any provisions of this chapter or the rules adopted under this chapter.

NEW SECTION. Sec. 77. All receipts realized in the administration of this chapter shall be paid into the general fund.

NEW SECTION. Sec. 78. Sections 67 through 77 of this act shall constitute a new chapter in Title 70 RCW.

Sec. 79. Section 6, chapter 282, Laws of 1986 and RCW 82.18.010 are each amended to read as follows:

For purposes of this chapter:

(1) "((~~Refuse~~)) Solid waste collection business" means every person who receives waste for transfer, storage, or disposal including but not limited to all ((~~collection services~~)) solid waste collection companies as defined under RCW 81.77.010, public or private dumps, transfer stations, and similar operations.

(2) "Person" shall have the meaning given in RCW 82.04.030 or any later, superseding section.

(3) "Waste" means garbage, trash, rubbish, or other material discarded as worthless or not economically viable for further use. The term does not include hazardous or toxic waste nor does it include material collected primarily for recycling or salvage.

(4) "Taxpayer" means that person upon whom the ((~~refuse~~)) solid waste collection tax is imposed.

Sec. 80. Section 7, chapter 282, Laws of 1986 and RCW 82.18.020 are each amended to read as follows:

There is imposed on each person using the services of a ((~~refuse~~)) solid waste collection business a ((~~refuse~~)) solid waste collection tax equal to three and six-tenths percent of the consideration charged for the services.

NEW SECTION. Sec. 81. A new section is added to chapter 82.18 RCW to read as follows:

(1) There is imposed on each person using the services of a solid waste collection business a solid waste collection tax of one percent of the consideration charged for the services. This tax shall be applied only to a service charge for actual solid waste collection that is provided. For residential collection service only, the tax shall apply to the lesser of the consideration charged for the services or:

(a) For customers with one-can service, the first eight dollars of the monthly charge for the services.

(b) For customers with two-can service or more, the first twelve dollars of the monthly charge for the services.

(2) Moneys collected under this section shall be held in trust until paid to the state. Moneys received by the state shall be deposited in the solid waste management account created by section 99 of this act.

(3) This section expires July 1, 1993.

NEW SECTION. Sec. 82. The expiration of section 81 of this act shall not be construed as affecting any existing right acquired or liability or obligation incurred under that section or under any rule or order adopted under that section, nor as affecting any proceeding instituted under that section.

NEW SECTION. Sec. 83. Section 81 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989.

NEW SECTION. Sec. 84. The department of ecology shall report to the legislature by January 1, 1993 as to whether the tax imposed under section 81 of this act should be continued or modified to achieve the purposes of this act.

Sec. 85. Section 8, chapter 282, Laws of 1986 and RCW 82.18.030 are each amended to read as follows:

The person collecting the charges made for using the ((~~refuse~~)) solid waste collection business shall collect the tax imposed in ((~~section 6 of this act~~)) this chapter. If any person charged with collecting the tax fails to bill the taxpayer for the tax, or in the alternative has not notified the taxpayer in writing of the imposition of the tax, or having collected the tax, fails to pay it to the department in the manner prescribed by this chapter, whether such failure is the result of the person's own acts or the result of acts or conditions beyond the person's control, he or she shall, nevertheless, be personally liable to the state for the amount of the tax.

Sec. 86. Section 9, chapter 282, Laws of 1986 and RCW 82.18.040 are each amended to read as follows:

Taxes collected under this chapter shall be held in trust until paid to the state. Except for taxes received under section 81 of this act, taxes so received by the state shall be deposited in the public works assistance account created in RCW 43.155.050. Any person collecting the tax who appropriates or converts the tax collected shall be guilty of a gross misdemeanor if the money required to be collected is not available for payment on the date payment is due. If a taxpayer fails to pay the tax imposed by this chapter to the person charged with collection of the tax and the person charged with collection fails to pay the tax to the department, the department may, in its discretion, proceed directly against the taxpayer for collection of the tax.

The tax shall be due from the taxpayer within twenty-five days from the date the taxpayer is billed by the person collecting the tax.

The tax shall be due from the person collecting the tax at the end of the tax period in which the tax is received from the taxpayer. If the taxpayer remits only a portion of the total amount billed for taxes, consideration, and related charges, the amount remitted shall be applied first to payment of the ((~~refuse~~)) solid waste collection tax and this tax shall have priority over all other claims to the amount remitted.

Sec. 87. Section 10, chapter 282, Laws of 1986 and RCW 82.18.050 are each amended to read as follows:

The ((~~refuse~~)) solid waste collection ((~~tax~~)) taxes imposed in this chapter shall not apply to any agency, division, or branch of the federal government or to services rendered under a contract therewith.

Sec. 88. Section 11, chapter 282, Laws of 1986 and RCW 82.18.060 are each amended to read as follows:

To prevent pyramiding and multiple taxation of a single transaction, ((~~this tax~~)) the solid waste collection taxes imposed in this chapter shall not apply to any ((~~refuse~~)) solid waste collection business using the services of another ((~~refuse~~)) solid waste collection business for the transfer, storage, or disposal of the waste collected during the transaction.

To be eligible for this exemption, a person first must be certified by the department of revenue as a ((~~refuse~~)) solid waste collection business.

Sec. 89. Section 12, chapter 282, Laws of 1986 and RCW 82.18.070 are each amended to read as follows:

Chapter 82.32 RCW applies to the ((~~tax~~)) taxes imposed under this chapter.

Sec. 90. Section 13, chapter 282, Laws of 1986 and RCW 82.18.080 are each amended to read as follows:

The department of revenue shall have the power to enforce the ((~~tax~~)) taxes imposed in this chapter through appropriate rules.

NEW SECTION. Sec. 91. A new section is added to chapter 81.77 RCW to read as follows:

The provisions of chapter 39.12 RCW shall apply to service agreements entered into under this chapter to collect source-separated recyclable materials at residential or nonresidential sites, or both.

NEW SECTION. Sec. 92. A new section is added to chapter 81.77 RCW to read as follows:

The commission, in fixing and altering collection rates charged by every solid waste collection company under this section, shall include in the base for the collection rates:

(1) All charges for the disposal of solid waste at the facility or facilities that the solid waste collection company is required to use under a local comprehensive solid waste management plan or ordinance designating disposal sites; and

(2) All known and measurable costs related to implementation of the approved county or city comprehensive solid waste management plan.

The commission shall develop rules to allow solid waste collection companies to adjust their rates no more than two times per year, to reflect the costs specified in this section. Such rules shall include notice to ratepayers of rate adjustment.

NEW SECTION. Sec. 93. A new section is added to chapter 81.77 RCW to read as follows:

If the commission suspends a tariff change submitted by a solid waste collection company under RCW 81.04.130, the collection company may request that the tariff be put in effect on an interim basis, subject to refund, pending the commission's final order. Such requests shall be granted and the tariff will become effective, on an interim basis, on its originally filed effective date.

NEW SECTION. Sec. 94. (1) The department of ecology shall conduct a study of problem wastes including an analysis of the best available technologies for environmentally safe and economically sound collection, storage, processing, and disposal. In conducting the study, the department shall involve, consult, and create special advisory committees that will include membership from relevant industries and local governments. The department shall submit a report, including recommendations, to the house of representatives environmental affairs committee and the senate environment and natural resources committee by December 15, 1990, and shall make the results of the study available to local governments. In its study, the department shall consider, at a minimum, the following:

(a) Education programs about using alternative products that minimize adverse effects to the environment;

(b) Program development and enhancement to divert problem wastes from the waste stream, including current recycling programs and household hazardous waste collection programs; and

(2) The study shall include an investigation of existing toxic materials in landfills, in incinerator air emissions, and in incinerator fly and bottom ash, including, but not limited to, lead, mercury, cadmium, chromium, dioxins, furans, oxides of sulphur, carbon, nitrogen, and other toxic organic materials. Furthermore, the study shall review the adequacy of the state's air quality and ash quality standards for solid waste incinerators, by including a comparison of our state standards with those latest standards adopted by other countries such as Sweden and West Germany.

(3) The purpose of the investigation and the standard review is to evaluate the potential for damage to the environment and public health from these toxic materials, to identify the sources of the toxic materials, and to evaluate the potential solid waste management practices for eliminating or reducing the amount of toxic materials entering disposal facilities, or reducing the toxicity of such materials.

(4) For the purposes of this section, "problem wastes" means those solid wastes that require special handling, treatment, storage, or disposal, as determined by the department to be causing, or potentially causing, environmental damage, or are disposed of in sufficient quantities as to be likely to cause environmental damage.

NEW SECTION. Sec. 95. The legislature finds that flexibility in solid waste management systems may help minimize the need for costly disposal options, maximize the limited life of landfills, and produce the most cost-effective solid waste management system. The legislature further finds that there is a need for innovation in solid waste management systems, especially to develop efficient ways of collecting and handling yard waste, recyclables, and other materials intended to be segregated from the solid waste disposal stream.

The legislature finds that local governments are given primary responsibility to plan for and manage solid waste, and that they require a grant of authority sufficient to implement their plans and manage segregated waste streams. The legislature also finds that the majority of Washington's population resides in unincorporated areas under the jurisdiction of county governments, so that county governments are responsible for managing a growing portion of the waste stream. The legislature further finds that current statutes restrict county government authority over solid waste collection. The legislature further finds that changes in existing statutes for solid waste regulatory authority may displace existing firms that are delivering solid waste and recycling services in a cost-effective manner.

Therefore, the legislature finds that there is a need to examine the structure and effectiveness of the present regulatory situation and the public policies which have led to the current structure. The legislature further finds that it is desirable to examine the regulatory structure and practice of other states, including regulatory jurisdiction, planning responsibility, and program funding authority granted to various levels and agencies of government. The legislature also finds that any changes in regulatory authority should be made in a way that minimizes adverse impacts on existing firms, governmental entities, and customers of solid waste collection and recycling services.

NEW SECTION. Sec. 96. (1) The utilities and transportation commission shall conduct a study on solid waste regulation, utilizing the expertise of an objective research institution specializing in regulatory or public policy issues, that shall:

(a) Identify and examine current statutory responsibilities of state, county, and city governments, and the role of private sector firms, for solid waste services including the provision of solid waste and recycling collection, transfer, disposal, financing, and enforcement;

(b) Examine public policies and history that led to the current regulatory structure;

(c) Gather and analyze information on the current status of collection, transfer, disposal, and recycling services on a county-by-county basis, including services provided by local governments, haulers holding certificates of public convenience and necessity issued by the utilities and transportation commission, and private sector recycling firms, which information shall include, but not be limited to, number and categories of customers served, services provided, tonnage handled, overall cost of service, and number and type of firms under common ownership. In order to minimize costs, the findings of the best management practices study shall be used to the fullest extent possible;

(d) Examine policies and practices in other states in regard to the allocation of regulatory responsibility and financial capability among different levels of government;

(e) Discuss possible alternatives to the existing statutory system of solid waste regulatory authority, that shall include, at a minimum:

(i) Optional county authority over solid waste collection, similar to the optional city authority granted in RCW 81.77.020;

(ii) Mandatory county authority over solid waste collection, replacing the utilities and transportation commission;

(iii) Changing state authority over solid waste collection and disposal, with such authority to be vested in a new state board or agency;

(f) Recommend policy, statutory, and constitutional changes that would serve to provide greater flexibility, innovation, and local control, and to minimize impacts on existing solid waste management firms, governmental entities, and customers of solid waste collection and recycling services.

(2) The commission shall appoint an advisory committee to review and comment on the study upon completion. Members of the advisory committee shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060. The committee shall include, but not be limited to:

(a) Two representatives of county governments, including one representative from large counties, defined as counties of class AA, A, 1, and 2 counties, and one representative of counties of class 3 and smaller;

(b) Two representatives of city governments, including one from a city that provides municipal collection services and one from a city that provides collection services in some manner other than municipal provision;

(d) Two representatives of the garbage collection industry;

(e) Two representatives of the recycling industry;

(f) One representative each of business and environmental interests;

(g) One representative each from the department of ecology, the department of community development, the department of revenue, and the municipal corporation division of the state auditor's office.

(3) The commission shall submit to the governor and legislature a report containing findings, conclusions, recommendations, and comments by January 2, 1990.

NEW SECTION. Sec. 97. Sections 95 and 96 of this act shall expire June 30, 1990.

Sec. 98. Section 15, chapter 528, Laws of 1987 as amended by section 6, chapter 184, Laws of 1988 (uncodified) is amended to read as follows:

(1) The Washington state legislature finds that the state faces a solid waste disposal crisis. The siting of new landfills, the location and design of new solid waste incinerators, the disposal of ash residue, and compliance with the priorities of the solid waste management act and the hazardous waste management act require that an effort be made by the state to ensure that local governments and private industry have adequate technical information, and that programs are developed to accomplish the statutory waste management priorities.

(2) A comprehensive evaluation of preferred solid waste management programs shall be undertaken by the joint select committee for preferred solid waste management. The committee shall consist of four members of the house of representatives appointed by the speaker of the house and four members of the senate appointed by the president of the senate. The committee shall involve the department of ecology, the utilities and transportation commission, and representatives of organizations representing cities, counties, the public, the waste management industry, waste haulers, and the private recycling industry. The committee shall report its findings and recommendations to the appropriate standing committees of the legislature by January 1, 1989.

(3) The department of ecology may provide the committee with specific recommendations on waste management programs from studies the department has undertaken as required by RCW 70.95.263.

(4) The committee shall attempt to determine the reasons why higher rates of waste reduction and recycling have not been achieved in the state and develop recommendations on how to achieve higher rates.

(5) The committee's recommendations shall include (a) specific programs for waste reduction, recycling, incineration, and landfills, (b) specific goals for solid waste management, and (c) specific responsibilities for state government, local government, and the private sectors to accomplish the committee's recommendations. The committee shall also recommend specific legislation and rule-making requirements to accomplish the committee's findings.

(6) The joint select committee for preferred solid waste management shall cease to exist on July 1, ((~~1989~~)) 1991.

NEW SECTION. Sec. 99. A new section is added to chapter 70.95 RCW to read as follows:

The solid waste management account is created in the state treasury. Moneys in the account may only be spent after appropriation. Expenditures from the account may only be used to carry out the purposes of this act. All earnings from the investment of balances in the solid waste management account except as provided in RCW 43.84.090, shall be deposited into the solid waste management account.

NEW SECTION. Sec. 100. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 101. Sections 44 and 45 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989.

NEW SECTION. Sec. 102. Section 42 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.