AN ACT Relating to waste reduction and recycling; and amending RCW 43.21A.520, 70.95C.030, and 70.95C.040.

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

Sec. 1. 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 labeled in a manner that helps ensure environmental protection((~~. The~~)), or that significantly reduce the amount of material requiring disposal. For products that are labelled in a manner that helps ensure environmental protection, awards may be made in the following product categories:

(a) Paint products;

(b) Cleaning agents;

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

(e) Hobby and recreation products.

(2) Products receiving an environmental excellence award pursuant to subsection (1) of this section would be entitled to display a logo or other symbol developed by the department to signify the award.

(3) The department shall also develop and implement a program of environmental excellence awards that recognizes achievements in the design and implementation of programs for waste reduction or recycling.

Sec. 2. Section 3, chapter 177, Laws of 1988 and RCW 70.95C.030 are each amended to read as follows:

(1) There is established in the department an office of waste reduction. The office shall use its authorities to encourage the voluntary reduction of waste by waste generators. The office shall prepare and submit a quarterly progress report to the director and the director shall submit an annual progress report to the appropriate environmental standing committees of the legislature beginning December 31, 1988.

(2) The office shall be the coordinating center for all state agency programs that provide technical assistance to waste generators and shall serve as the state's lead agency and promoter for such programs. In addition to this coordinating function, the office shall encourage waste reduction by:

(a) Providing for the rendering of advice and consultation to waste generators and product manufacturers on waste reduction techniques;

(b) Sponsoring or co-sponsoring with public or private organizations technical workshops and seminars on waste reduction;

(d) Administering a waste reduction research and development program;

(e) Coordinating a waste reduction public education program that includes the utilization of existing publications from public and private sources, as well as publishing necessary new materials on waste reduction;

(f) Recommending to institutions of higher education in the state courses and curricula in areas related to waste reduction; and

(g) Requiring energy and incineration facilities to retain records of monitoring and operating data for a minimum of ten years after permanent closure of the facility.

Sec. 3. Section 4, chapter 177, Laws of 1988 and RCW 70.95C.040 are each amended to read as follows:

(1) The office shall establish a waste reduction consultation program to be coordinated with other state waste reduction consultation programs.

(2) The director may grant a request by any waste generator or product manufacturer for advice and consultation on waste reduction techniques. Pursuant to a request, the director may visit any business, governmental entity, or other process site in the state for the purposes of observing the waste-generating process, obtaining information relevant to waste reduction, rendering advice, and making recommendations. No such visit may be regarded as an inspection or investigation, and no notices or citations may be issued, or civil penalty be assessed, upon such a visit. No representative of the director designated to render advisory or consultative services may have any enforcement authority.

(3) Consultation and advice given under this section shall be limited to the matters specified in the request and shall include specific techniques of waste reduction tailored to the relevant process. In granting any request for advisory or consultative services, the director may provide for an alternative means of affording consultation and advice other than on-site consultation.

(4) Any proprietary information obtained by the director while carrying out the duties required under this section shall remain confidential and shall not become part of the data base established under RCW 70.95C.060.