BILL REQ. #:  S-0582.3 

Read first time 01/12/2007.   Referred to Committee on Water, Energy & Telecommunications.

     AN ACT Relating to beneficial use of discarded vehicle tires; amending RCW 70.95.020, 70.95.030, 70.95.260, 70.95.300, 70.95.500, 70.95.530, and 70.95.535; and adding a new section to chapter 70.95 RCW.

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

Sec. 1   RCW 70.95.020 and 2005 c 394 s 2 are each amended to read as follows:
     The purpose of this chapter is to establish a comprehensive statewide program for solid waste handling, ((and solid waste)) recovery ((and/or)), and recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter:
     (1) To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state;
     (2) To provide for adequate planning for solid waste handling by local government;
     (3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling, including that all sites where recyclable materials are generated and transported from shall provide a separate container for solid waste;
     (4) To encourage the development and operation of waste recycling facilities needed to accomplish the management priority of waste recycling, to promote consistency in the requirements for such facilities throughout the state, and to ensure that recyclable materials diverted from the waste stream for recycling are routed to facilities in which recycling occurs;
     (5) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;
     (6) To encourage storage, proper disposal, ((and)) recycling, and beneficial use of discarded vehicle tires ((and));
     (7) To stimulate private recycling programs throughout the state; and
     (((7))) (8) To encourage the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling and to promote consistency in the permitting requirements for such facilities and activities throughout the state.
     It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery ((and/or)) and recycling programs.

Sec. 2   RCW 70.95.030 and 2004 c 101 s 1 are each amended to read as follows:
     ((As used in this chapter, unless the context indicates otherwise:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Beneficial use of discarded vehicle tires" means use that is not storage, disposal, or recycling but serves as a replacement for another product or material for specific purposes, and includes use of chipped tires as low-density, light-weight aggregate fill.
     (2) "City" means every incorporated city and town.
     (((2))) (3) "Commission" means the utilities and transportation commission.
     (((3))) (4) "Committee" means the state solid waste advisory committee.
     (((4))) (5) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.
     (((5))) (6) "Department" means the department of ecology.
     (((6))) (7) "Director" means the director of the department of ecology.
     (((7))) (8) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.
     (((8))) (9) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.
     (((9))) (10) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.
     (((10))) (11) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.
     (((11))) (12) "Inert waste landfill" means a landfill that receives only inert waste, as determined under RCW 70.95.065, and includes facilities that use inert wastes as a component of fill.
     (((12))) (13) "Jurisdictional health department" means city, county, city-county, or district public health department.
     (((13))) (14) "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.
     (((14))) (15) "Local government" means a city, town, or county.
     (((15))) (16) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.
     (((16))) (17) "Multiple family residence" means any structure housing two or more dwelling units.
     (((17))) (18) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
     (((18))) (19) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.
     (((19))) (20) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.
     (((20))) (21) "Residence" means the regular dwelling place of an individual or individuals.
     (((21))) (22) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.
     (((22))) (23) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.
     (((23))) (24) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
     (((24))) (25) "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 solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.
     (((25))) (26) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.
     (((26))) (27) "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.
     (((27))) (28) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70.95.030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.
     (((28))) (29) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.
     (((29))) (30) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter.

Sec. 3   RCW 70.95.260 and 1995 c 399 s 189 are each amended to read as follows:
     The department shall in addition to its other powers and duties:
     (1) Cooperate with the appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the provisions of this chapter.
     (2) Coordinate the development of a solid waste management plan for all areas of the state in cooperation with local government, the department of community, trade, and economic development, and other appropriate state and regional agencies. The plan shall relate to solid waste management for twenty years in the future and shall be reviewed biennially, revised as necessary, and extended so that perpetually the plan shall look to the future for twenty years as a guide in carrying out a state coordinated solid waste management program. The plan shall be developed into a single integrated document and shall be ((adopted no later than October 1990. The plan shall be)) revised regularly after its initial completion so that local governments revising local comprehensive solid waste management plans can take advantage of the data and analysis in the state plan.
     (3) Provide technical assistance to any person as well as to cities, counties, and industries.
     (4) Initiate, conduct, and support research, demonstration projects, and investigations, and coordinate research programs pertaining to solid waste management systems, including beneficial use of discarded vehicle tires.
     (5) Develop statewide programs to increase public awareness of and participation in tire recycling, and to stimulate and encourage local private tire recycling centers and public participation in tire recycling.
     (6) ((May, under the provisions of the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended, from time to time promulgate such)) Adopt those rules ((and regulations)) as are necessary to carry out the purposes of this chapter.

Sec. 4   RCW 70.95.300 and 1998 c 156 s 2 are each amended to read as follows:
     (1) Except as provided in section 8 of this act, the department may by rule exempt a solid waste from the permitting requirements of this chapter for one or more beneficial uses. In adopting such rules, the department shall specify both the solid waste that is exempted from the permitting requirements and the beneficial use or uses for which the solid waste is so exempted. The department shall consider: (a) Whether the material will be beneficially used or reused; and (b) whether the beneficial use or reuse of the material will present threats to human health or the environment.
     (2) The department may also exempt a solid waste from the permitting requirements of this chapter for one or more beneficial uses by approving an application for such an exemption. The department shall establish by rule procedures under which a person may apply to the department for such an exemption. The rules shall establish criteria for providing such an exemption, which shall include, but not be limited to: (a) The material will be beneficially used or reused; and (b) the beneficial use or reuse of the material will not present threats to human health or the environment. Rules adopted under this subsection shall identify the information that an application shall contain. Persons seeking such an exemption shall apply to the department under the procedures established by the rules adopted under this subsection.
     (3) After receipt of an application filed under rules adopted under subsection (2) of this section, the department shall review the application to determine whether it is complete, and forward a copy of the completed application to all jurisdictional health departments for review and comment. Within forty-five days, the jurisdictional health departments shall forward to the department their comments and any other information they deem relevant to the department's decision to approve or disapprove the application. Every complete application shall be approved or disapproved by the department within ninety days of receipt. If the application is approved by the department, the solid waste is exempt from the permitting requirements of this chapter when used anywhere in the state in the manner approved by the department. If the composition, use, or reuse of the solid waste is not consistent with the terms and conditions of the department's approval of the application, the use of the solid waste remains subject to the permitting requirements of this chapter.
     (4) The department shall establish procedures by rule for providing to the public and the solid waste industry notice of and an opportunity to comment on each application for an exemption under subsection (2) of this section.
     (5) Any jurisdictional health department or applicant may appeal the decision of the department to approve or disapprove an application under subsection (3) of this section. The appeal shall be made to the pollution control hearings board by filing with the hearings board a notice of appeal within thirty days of the decision of the department. The hearings board's review of the decision shall be made in accordance with chapter 43.21B RCW and any subsequent appeal of a decision of the board shall be made in accordance with RCW 43.21B.180.
     (6) This section shall not be deemed to invalidate the exemptions or determinations of nonapplicability in the department's solid waste rules as they exist on June 11, 1998, which exemptions and determinations are recognized and confirmed subject to the department's continuing authority to modify or revoke those exemptions or determinations by rule.

Sec. 5   RCW 70.95.500 and 1985 c 345 s 4 are each amended to read as follows:
     (1) No person may drop, deposit, discard, or otherwise dispose of vehicle tires on any public property or private property in this state 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 unless:
     (a) The property is designated by the state, or by any of its agencies or political subdivisions, for the disposal of discarded vehicle tires; and
     (b) The person is authorized to use the property for such purpose.
     (2) A violation of this section is punishable by a civil penalty, which shall not be less than two hundred dollars nor more than two thousand dollars for each offense.
     (3) This section does not apply to:
     (a) The storage or deposit of vehicle tires in quantities deemed exempt under rules adopted by the department ((of ecology)) under its functional standards for solid waste; or
     (b) Beneficial use of discarded vehicle tires pursuant to rules adopted by the department under section 8 of this act.

Sec. 6   RCW 70.95.530 and 2005 c 354 s 5 are each amended to read as follows:
     (1) Moneys in the waste tire removal account may be appropriated to the department of ecology:
     (a) To provide for funding to state and local governments for the removal of discarded vehicle tires from unauthorized tire dump sites;
     (b) To accomplish the other purposes of RCW 70.95.020 as they relate to waste tire cleanup under this chapter; and
     (c) To ((conduct a study of existing tire cleanup sites. The office of financial management shall oversee the study process and approve the completed study. The completed study shall be delivered to the house of representatives and senate transportation committees by November 15, 2005. In conducting the study, the department shall consult on a regular basis with interested parties. The following identified elements at a minimum shall be included in the completed study:
     (i) Identification of existing tire cleanup sites in the state of Washington;
     (ii) The estimated number of tires in each tire cleanup site;
     (iii) A map identifying the location of each one of the tire cleanup sites;
     (iv) A photograph of each one of the tire cleanup sites;
     (v) The estimated cost for cleanup of each tire [cleanup] site by cost component;
     (vi) The estimated reimbursement of costs to be recovered from persons or entities that created or have responsibility for the tire cleanup site;
     (vii) Identification of the type of reimbursements for recovery by each of the tire cleanup sites;
     (viii) The estimated time frame to begin the cleanup project and the estimated completion date for each tire cleanup site;
     (ix) An assessment of local government functions relating to unauthorized tire piles, including cleanup, enforcement, and public health;
     (x) Identification of needs in the areas in (c)(ix) of this subsection for each one of the counties; and
     (xi) A statewide cleanup plan based on multiple funding options between twenty cents and sixty cents for each new tire sold at retail in the state starting on July 1, 2005. The plan shall include the estimated time frame to begin each of the tire cleanup sites and the estimated completion date for each one of the sites. In addition, the plan must include a process to be followed in selecting entities to perform the tire site cleanups. The 2006 legislature shall determine the final distribution of the tire cleanup fee and the appropriations for this statewide tire cleanup plan)) facilitate the beneficial use of discarded vehicle tires.
     (2) In spending funds in the account under this section, the department of ecology shall identify communities with the most severe problems with waste tires and provide funds first to those communities to remove accumulations of waste tires.
     (3) Immediately after July 1, 2005, the department of ecology shall initiate a pilot project in a city with a population between three and four thousand within a county with a population less than twenty thousand to contract to clean up a formerly licensed tire pile in existence for ten or more years. To begin the project, the department shall seek to use financial assurance funds set aside for clean up of the tire pile. For purposes of this subsection, population figures are the official 2004 population as estimated by the office of financial management for purposes of state revenue allocation.

Sec. 7   RCW 70.95.535 and 1989 c 431 s 93 are each amended to read as follows:
     (1) Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain ten percent of the collected one dollar fee. The moneys retained may be used for costs associated with the proper management of the waste vehicle tires by the retailer.
     (2) The department of ecology will administer the funds for the purposes specified in RCW 70.95.020(((5))) (6) and (7) including, but not limited to:
     (a) Making grants to local governments for pilot demonstration projects for on-site shredding and recycling of tires from unauthorized dump sites;
     (b) Grants to local government for enforcement programs;
     (c) Implementation of a public information and education program to include posters, signs, and informational materials to be distributed to retail tire sales and tire service outlets; and
     (d) Product marketing studies for recycled tires and alternatives to land disposal, including beneficial use of discarded vehicle tires.

NEW SECTION.  Sec. 8   A new section is added to chapter 70.95 RCW to read as follows:
     The department shall by rule exempt from the permitting requirements of this chapter the beneficial use of discarded vehicle tires. The department may impose those conditions as may be necessary to protect human health and the environment.