Z-1194               _______________________________________________

                                                   SENATE BILL NO. 6314

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Metcalf, Owen and Rasmussen; by request of Department of Ecology

Read first time 1/10/90 and referred to Committee on  Environment & Natural Resources.

AN ACT Relating to containment of waste materials; and amending RCW 70.93.060.

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

        Sec. 1.  Section 6, chapter 307, Laws of 1971 ex. sess. as last amended by section 1, chapter 277, Laws of 1983 and RCW 70.93.060 are each amended to read as follows:

(1) No person shall throw, spill, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

          (((1))) (a) When such property is designated by the state or by any of its agencies or political subdivisions for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose;

          (((2))) (b) Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said private or public property or waters.

(2)(a) After January 1, 1991, any vehicle operating on a public highway shall have the load covered or secured so as to prevent spillage of litter.

(b) Beginning August 1, 1990, the department shall inform persons of the existence and contents of the vehicle litter spillage provisions of this section and of the penalties for violations.  Notice to the public includes but is not limited to, signs and informational materials to vehicle operators at appropriate solid waste landfills and transfer stations and vehicle registration offices.

(3) Any person violating the provisions of this section shall be guilty of a misdemeanor and the fine for such violation shall not be less than fifty dollars for each offense.  In addition thereto, except where infirmity or age or other circumstance would create a hardship, such person shall be directed by the court in which conviction is obtained to pick up and remove litter from public property and/or private property, with prior permission of the legal owner, for not less than eight hours nor more than sixteen hours for each separate offense.  The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person's employment and does not interfere substantially with the person's family responsibilities.