AN
ACT Relating to unlawful rural garbage disposal; amending RCW 70.93.030,
70.93.060, 70.95.240, and 46.55.230; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.93.030 and 1998 c 257 s 3 are each amended to read as follows:
As
used in this chapter unless the context indicates otherwise:
(1)
"Conveyance" means a boat, airplane, or vehicle;
(2)
"Department" means the department of ecology;
(((2)))
(3) "Director" means the director of the department of
ecology;
(((3)))
(4) "Disposable package or container" means all packages or
containers defined as such by rules and regulations adopted by the department
of ecology;
(((4)))
(5) "Junk vehicle" has the same meaning as defined in RCW
46.55.010;
(6)
"Litter" means all waste material including but not limited to
disposable packages or containers thrown or deposited as herein prohibited and
solid waste that is illegally dumped, but not including the wastes of the
primary processes of mining, logging, sawmilling, farming, or manufacturing;
(((5)))
(7) "Litter bag" means a bag, sack, or other container made of
any material which is large enough to serve as a receptacle for litter inside
the vehicle or watercraft of any person. It is not necessarily limited to the
state approved litter bag but must be similar in size and capacity;
(((6)))
(8) "Litter receptacle" means those containers adopted by the
department of ecology and which may be standardized as to size, shape,
capacity, and color and which shall bear the state anti-litter symbol, as well
as any other receptacles suitable for the depositing of litter;
(((7)))
(9) "Person" means any political subdivision, government
agency, municipality, industry, public or private corporation, copartnership,
association, firm, individual, or other entity whatsoever;
(((8)))
(10) "Public place" means any area that is used or held out for
use by the public whether owned or operated by public or private interests;
(11)
"Recycling" means transforming or remanufacturing waste materials
into a finished product for use other than landfill disposal or incineration;
(((9)))
(12) "Recycling center" means a central collection point for
recyclable materials;
(((10)))
(13) "To litter" means a single or cumulative act of disposing of
litter;
(14)
"Vehicle" includes every device capable of being moved upon a public
highway and in, upon, or by which any persons or property is or may be
transported or drawn upon a public highway, excepting devices moved by human or
animal power or used exclusively upon stationary rails or tracks;
(((11)))
(15) "Waste reduction" means reducing the amount or toxicity
of waste generated or reusing materials;
(((12)))
(16) "Watercraft" means any boat, ship, vessel, barge, or
other floating craft((;
(13)
"Public place" means any area that is used or held out for use by the
public whether owned or operated by public or private interests)).
Sec.
2. RCW
70.93.060 and 1997 c 159 s 1 are each amended to read as follows:
(1)
It is a violation of this section to abandon a junk vehicle upon any
property located in an unincorporated area of a county. In addition, no
person shall throw, 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 her 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:
(a)
When the property is designated by the state or its agencies or political
subdivisions for the disposal of garbage and refuse, and the person is
authorized to use such property for that purpose;
(b)
Into a litter receptacle in a manner that will prevent litter from being
carried away or deposited by the elements upon any part of said private or
public property or waters.
(2)(a)
Except as provided in subsection (4) of this section, it is a class 3 civil
infraction as provided in RCW 7.80.120 for a person to litter in an amount less
than or equal to one cubic foot.
(b)
It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to
litter in an amount greater than one cubic foot in an incorporated area of a
county. Unless suspended or modified by a court, the person shall also pay
a litter cleanup fee of twenty-five dollars per cubic foot of litter. The
court may, in addition to or in lieu of part or all of the cleanup fee, order
the person to pick up and remove litter from the property, with prior
permission of the legal owner or, in the case of public property, of the agency
managing the property.
(c)
It is a misdemeanor for a person to litter in an amount greater than one cubic
foot but less than one cubic yard in an unincorporated area of a county. The
person shall also pay a litter cleanup restitution payment equal to twice the
actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is
greater. The court shall distribute one-half of the restitution payment to the
landowner and one-half of the restitution payment to the law enforcement agency
investigating the incident. The court may, in addition to or in lieu of part
or all of the cleanup restitution payment, order the person to pick up and
remove litter from the property, with prior permission of the legal owner or,
in the case of public property, of the agency managing the property. The court
may suspend or modify the litter cleanup restitution payment for a first-time offender
under this section, if the person cleans up and properly disposes of the
litter.
(d)
It is a gross misdemeanor for a person to litter in an amount of one cubic yard
or more in an unincorporated area of a county. The person shall also pay a
litter cleanup restitution payment equal to twice the actual cost of cleanup,
or one hundred dollars per cubic foot of litter, whichever is greater. The
court shall distribute one-half of the restitution payment to the landowner and
one-half of the restitution payment to the law enforcement agency investigating
the incident. The court may, in addition to or in lieu of part or all of the
cleanup restitution payment, order the person to pick up and remove litter from
the property, with prior permission of the legal owner or, in the case of
public property, of the agency managing the property. The court may suspend or
modify the litter cleanup restitution payment for a first-time offender under
this section, if the person cleans up and properly disposes of the litter.
(e)
If a junk vehicle is abandoned in violation of this section, RCW 46.55.230
governs the vehicle's removal, disposal, and sale, and the penalties that may
be imposed against the person who abandoned the vehicle.
(3)
If the violation occurs in a state park, the court shall, in addition to any
other penalties assessed, order the person to perform twenty-four hours of
community service in the state park where the violation occurred if the state
park has stated an intent to participate as provided in RCW ((43.51.048(2)))
79A.05.050.
(4)
It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to
discard, in violation of this section, a cigarette, cigar, or other tobacco
product that is capable of starting a fire.
Sec.
3. RCW
70.95.240 and 1998 c 36 s 19 are each amended to read as follows:
(1)
After the adoption of regulations or ordinances by any county, city, or
jurisdictional board of health providing for the issuance of permits as
provided in RCW 70.95.160, it shall be unlawful for any person to dump or
deposit or permit the dumping or depositing of any solid waste onto or under
the surface of the ground or into the waters of this state except at a solid
waste disposal site for which there is a valid permit. This section does not:
(a)
Prohibit a person from dumping or depositing solid waste resulting from his or
her own activities onto or under the surface of ground owned or leased by him
or her when such action does not violate statutes or ordinances, or create a
nuisance;
(b)
Apply to a person using a waste-derived soil amendment that has been approved
by the department under RCW 70.95.205; or
(c)
Apply to the application of commercial fertilizer that has been registered with
the department of agriculture as provided in RCW 15.54.325, and that is applied
in accordance with the standards established in RCW 15.54.800(3).
(2)(a)
It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to
litter in an amount less than or equal to one cubic foot.
(b)
It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to
litter in an amount greater than one cubic foot in an unincorporated area of
a county. Unless suspended or modified by a court, the person shall also
pay a litter cleanup fee of twenty-five dollars per cubic foot of litter. The
court may, in addition to or in lieu of part or all of the cleanup fee, order
the person to pick up and remove litter from the property, with prior
permission of the legal owner or, in the case of public property, of the agency
managing the property.
(c)
It is a misdemeanor for a person to litter in an amount greater than one cubic
foot but less than one cubic yard in an unincorporated area of a county. The
person shall also pay a litter cleanup restitution payment equal to twice the
actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is
greater. The court shall distribute one-half of the restitution payment to the
landowner and one-half of the restitution payment to the jurisdictional health
department investigating the incident. The court may, in addition to or in
lieu of part or all of the cleanup restitution payment, order the person to
pick up and remove litter from the property, with prior permission of the legal
owner or, in the case of public property, of the agency managing the property.
The court may suspend or modify the litter cleanup restitution payment for a
first-time offender under this section, if the person cleans up and properly
disposes of the litter.
(d)
It is a gross misdemeanor for a person to litter in an amount of one cubic yard
or more in an unincorporated area of a county. The person shall also pay a
litter cleanup restitution payment equal to twice the actual cost of cleanup,
or one hundred dollars per cubic foot of litter, whichever is greater. The
court shall distribute one-half of the restitution payment to the landowner and
one-half of the restitution payment to the jurisdictional health department
investigating the incident. The court may, in addition to or in lieu of part
or all of the cleanup restitution payment, order the person to pick up and
remove litter from the property, with prior permission of the legal owner or,
in the case of public property, of the agency managing the property. The court
may suspend or modify the litter cleanup restitution payment for a first-time
offender under this section, if the person cleans up and properly disposes of
the litter.
(e) If a junk vehicle is abandoned in violation of this chapter,
RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the
penalties that may be imposed against the person who abandoned the vehicle.
Sec.
4. RCW
46.55.230 and 1991 c 292 s 2 are each amended to read as follows:
(1)
Notwithstanding any other provision of law, any law enforcement officer having
jurisdiction, or any employee or officer of a jurisdictional health
department acting pursuant to RCW 70.95.240, or any person authorized by
the director shall inspect and may authorize the disposal of an abandoned junk
vehicle. The person making the inspection shall record the make and vehicle
identification number or license number of the vehicle if available, and shall
also verify that the approximate value of the junk vehicle is equivalent only
to the approximate value of the scrap in it.
(2)
The law enforcement officer or department representative shall provide
information on the vehicle's registered and legal owner to the landowner.
(3)
Upon receiving information on the vehicle's registered and legal owner, the
landowner shall mail a notice to the registered and legal owners shown on the
records of the department. The notification shall describe the redemption
procedure and the right to arrange for the removal of the vehicle.
(4)
If the vehicle remains unclaimed more than fifteen days after the landowner has
mailed notification to the registered and legal owner, the landowner may
dispose of the vehicle or sign an affidavit of sale to be used as a title
document.
(5)
If no information on the vehicle's registered and legal owner is found in the
records of the department, the landowner may immediately dispose of the vehicle
or sign an affidavit of sale to be used as a title document.
(6)(a)
It is a class 1 civil infraction as defined in RCW 7.80.120 for a person to
abandon a junk vehicle on property located in an incorporated area. If a junk
vehicle is abandoned in an incorporated area, the landowner of the property
upon which the junk vehicle is located is entitled to recover from the
vehicle's registered owner any costs incurred in the removal of the junk
vehicle.
(b)
It is a gross misdemeanor for a person to abandon a junk vehicle on property
located in an unincorporated area. If a junk vehicle is abandoned in an
unincorporated area, the vehicle's registered owner shall also pay a cleanup
restitution payment equal to twice the costs incurred in the removal of the
junk vehicle. The court shall distribute one-half of the restitution payment
to the landowner of the property upon which the junk vehicle is located, and
one-half of the restitution payment to the law enforcement agency or
jurisdictional health department investigating the incident.
(7)
For the purposes of this section, the term "landowner" includes a
legal owner of private property, a person with possession or control of private
property, or a public official having jurisdiction over public property.
(8)
A person complying in good faith with the requirements of this section is
immune from any liability arising out of an action taken or omission made in
the compliance.
NEW
SECTION. Sec. 5. 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.
