RCW 70A.205.720
Development of standards for the management of compostable products
—
Process
—
Report to the legislature
—
Stakeholder advisory committee.
(Expires July 1, 2028.)
(1)(a) Legislation enacted in 2022, chapter 180, Laws of 2022, contains numerous provisions intended to decrease the generation of methane gas in landfills from organic materials, by increasing the diversion of organic materials to compost and other organic materials management facilities. The legislature finds that there is urgency in the state's efforts to ensure that compost streams are limited to compostable organic materials and are not hindered by unsuitable contaminants. At present, organic materials management facilities in Washington vary in the types of feedstocks that are accepted.
(b) The department must contract with an independent third-party facilitator to convene a stakeholder advisory committee. The advisory committee shall make recommendations to the appropriate committees of the legislature on the development of standards for the management of compostable products, especially food service products, by composting and other organic materials management facilities.
(2) In developing recommendations, the stakeholder advisory committee must, at a minimum, consider:
(a) The state's goals of managing organic materials, including food waste, in an environmentally sustainable way that increases food waste diversion and ensures that finished compost is clean and marketable, with the intent of being consistent with and furthering the improvements identified in chapter 180, Laws of 2022;
(b) The types of compostable products, and amounts if known, sold or distributed into Washington;
(c) Consumer confusion caused by noncompostable products that can lead to contamination issues;
(d) Compostable standards related to the breakdown of products in facilities and home composting;
(e) The status of acceptance of compostable products by organic materials management facilities in Washington, including consideration of organic certifications;
(f) Estimates of the percentage of compostable products used in Washington that are disposed of at organic materials management facilities;
(g) Financial incentives for organic materials management facilities accepting compostable products;
(h) Current laws related to compostable products and the enforcement of these laws;
(i) Any work product from other contemporaneous stakeholder advisory committees currently discussing similar topics in other jurisdictions or nationwide; and
(j) Policy options addressing contamination of organic waste streams and to increase the use of reusable and refillable items.
(3) The facilitator selected in subsection (1) of this section must:
(a) Hire subcontractors, as needed, for the research of any relevant information regarding issues associated with compostable products and the management of compostable materials in composting and other organic materials management facilities;
(b) Provide staff and support to the stakeholder advisory committee meetings; and
(c) Draft reports and other materials for review by the stakeholder advisory committee.
(4) The facilitator shall submit a report to the legislature by September 15, 2024, containing the recommendations of the stakeholder advisory committee after review and approval by the facilitator and committee. The department and its hired facilitator must convene the first stakeholder meeting by September 15, 2023, and must convene meetings at least monthly thereafter through January, on a schedule developed in consultation with the stakeholders serving on the advisory committee. All meetings of the stakeholder advisory committee must be held in a virtual format. The stakeholder advisory committee shall make recommendations using consensus-based decision making. The report must include recommendations where general stakeholder consensus has been achieved and note dissenting opinions where stakeholder consensus has not been achieved.
(5) The department must select at least one member to the stakeholder advisory committee from each of the following:
(a) Cities, including both small and large cities and cities located in urban and rural counties, which may be represented by an association that represents cities in Washington;
(b) Counties, including both small and large counties and urban and rural counties, which may be represented by an association that represents county solid waste managers in Washington;
(c) Municipal collectors or companies that provide curbside organic materials management services under a municipal contract under RCW 35.21.120
;
(d) A solid waste collection company regulated under chapter
81.77
RCW that provides curbside organic materials collection services;
(e) Three organic materials management facility operators, including at least one operator of a facility that does not currently accept compostable food service products and one operator of a facility that does currently accept such products;
(f) A representative from an environmental nonprofit organization that specializes in waste and recycling issues;
(g) Two manufacturers of compostable products, including at least one manufacturer of compostable food service products and one manufacturer of compostable plastic food service products;
(h) One distributor of compostable food service products;
(i) A statewide general business trade association;
(j) A representative from a retail grocery association;
(k) Two organizations that act as third-party certifiers of compostable products;
(l) The department of agriculture;
(m) Two associations focused on organic materials recycling or composting; and
(n) A statewide organization representing hospitality businesses.
(6) In addition to the members selected under subsection (5) of this section, the director must invite participation on the stakeholder advisory committee from any federally recognized Indian tribe that expresses interest in participation to the department prior to September 1, 2023.
(7) This section expires July 1, 2028.
[
2023 c 236 s 1
.]
RCW 70A.205.730
Cooperative program
—
State and local government.
(1) This section establishes a cooperative program of solid waste handling facility management between local government and the state. Local government shall have the primary responsibility for issuing the permits required by this chapter, administering the regulatory program consistent with the policy and provisions of this chapter, and imposing penalties for violations of the provisions of this chapter. The department shall act primarily in a supportive and review capacity with an emphasis on ensuring compliance with the policy and provisions of this chapter. The department shall enforce the requirements of this chapter under the following circumstances:
(a) A jurisdictional health department may send written notice to the department that it is deferring to the department's authority under this section to enforce the requirements of this chapter with respect to a solid waste handling facility in a jurisdiction.
(b) The department determines that a jurisdictional health department's enforcement action is inadequate to address violations of this chapter by a solid waste handling facility operator. A jurisdictional health department's enforcement action is inadequate when any of the following occur without successful resolution of the violation:
(i) The jurisdictional health department fails to conduct an inspection to verify a reported, credible alleged violation within 45 calendar days after receiving notification of the violation;
(ii) The jurisdictional health department fails to issue a notice of violation or corrective action order within 60 calendar days after observing a violation during an inspection or on-site visit;
(iii) The jurisdictional health department fails to take any enforcement action as authorized under this chapter within 90 calendar days after issuing a notice of violation; or
(iv) The jurisdictional health department has initiated enforcement action but the violation has continued for more than 180 days without resolution or substantial progress toward resolution.
(c) A jurisdictional health department shall notify the department within a reasonable amount of time of the dates and official communications regarding the following activities with respect to a solid waste handling facility operator:
(i) Receipt of a reported, credible alleged violation of this chapter;
(ii) Observation of a violation of this chapter during an inspection or on-site visit;
(iii) Notice of a violation of this chapter or corrective action that was sent by the jurisdictional health department to a solid waste handling operator;
(iv) Any enforcement action taken by the jurisdictional health department; and
(v) Any activities by the solid waste handling facility operator that constitute resolution or progress toward resolution of the violations of this chapter.
(2) When the department determines that a jurisdictional health department enforcement action is inadequate and that it will take enforcement action under subsection (1)(b) of this section, the department shall provide written notice of its intent to enforce to the jurisdictional health department and to the solid waste handling facility operator. The department's notice of intent to enforce must be provided no less than 30 calendar days prior to the department issuing a penalty or order under this section and RCW 70A.205.740
. The 30-day notice requirement may be waived if the violation presents an immediate and substantial endangerment to human health or the environment requiring urgent action. The department's notice of intent to enforce must include:
(a) Identification of the alleged violations of the statute, regulation, or rule that are the basis for the department's enforcement action and the number of alleged violations;
(b) A description of the department's process that led to its determination that such violations existed;
(c) Which of the criteria under subsection (1)(b)(i) through (iv) of this section apply;
(d) The proposed start date and any end date of the department's enforcement action; and
(e) The proposed geographical boundaries of solid waste handling facilities at which the enforcement action is planned.
(3) If within 30 calendar days of the jurisdictional health department's receipt of the department's notice of intent to enforce, and the violation does not present an immediate and substantial endangerment to human health or the environment, the jurisdictional health department initiates an enforcement action that the department and the jurisdictional health department agree will adequately address the identified violations, the department will hold its enforcement action in abeyance.
(4) Upon receipt of an order by the jurisdictional health department or the department, a solid waste handling facility owner or operator must provide information necessary to determine compliance with the requirements of this chapter applicable to solid waste handling facilities.
(5) An applicant or permittee must allow the jurisdictional health department and department to conduct inspections and collect samples.
(6) This section does not apply to actions taken by the department under chapter
70A.305
RCW.
[
2025 c 311 s 5
.]
RCW 70A.205.740
Enforcement authority
—
Penalties.
(1) In addition to the provisions of RCW 70A.205.140, and in accordance with the procedures described in RCW 70A.205.730, for any person engaged in solid waste handling subject to permitting under this chapter, the enforcement authority may:
(a) Impose a civil penalty not to exceed $5,000 per day for the first 14 days of violation of the requirements of this chapter or a permit issued under this chapter. If the violation is not resolved within 14 days, the agency imposing the penalty may increase the penalty not to exceed $10,000 per day of violation of the requirements of this chapter or a permit issued under this chapter; and
(b) Issue an order requiring compliance with the requirements of this chapter or a permit issued under this chapter. A person who fails to take corrective action as specified in a compliance order is liable for a civil penalty as provided in (a) of this subsection. Before issuing a civil penalty, the enforcement authority will attempt through education and outreach to assist the person engaged in solid waste handling with achieving compliance with the requirements of this chapter or a permit issued under this chapter.
(2) If a solid waste handling facility owner or operator pays a penalty under this section for a violation to a government entity, any penalty imposed by a different government entity for a violation based on the same incident and conduct shall be reduced by the amount of the prior penalty.
(3)(a) Penalties levied by a jurisdictional health department shall be deposited in the treasury and to the account from which such jurisdictional health department's operating expenses are paid.
(b) Penalties levied by the department under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180
.
(4) A person who is issued an order or incurs a penalty from:
(a) A jurisdictional health department may appeal the order or penalty to the local health officer;
(b) The department under this section may appeal the order or penalty to the pollution control hearings board created by chapter
43.21B
RCW.
[
2025 c 311 s 6
.]
RCW 70A.205.750
Collection bins
—
Color coding requirements.
(1)(a) Except as provided in (b) and (d) of this subsection, beginning January 1, 2028, in each jurisdiction planning under this chapter, the indoor or outdoor containers, including lids, smaller than 101 gallons provided to customers for collection services, including multifamily, commercial, government, and other public places, institutional, and curbside residential collection services, must be provided in a color-coded manner consistent with the requirements of subsection (2) of this section in order to reduce contamination.
(b) A jurisdiction or solid waste collection company is not required to replace a functional container or lid to match the coloring requirements in subsection (2) of this section. The requirements of this subsection apply only to solid waste collection containers purchased on or after August 1, 2025, and do not apply to solid waste collection containers purchased by a jurisdiction prior to August 1, 2025.
(c) Jurisdictions and solid waste collection companies are encouraged, prior to January 1, 2028, to provide solid waste collection containers, including lids, that are consistent with subsection (2) of this section.
(d) A jurisdiction planning under this chapter may petition the department for an exemption from the requirements of subsection (2) of this section.
(i) The department must grant a petition from a jurisdiction allowing the jurisdiction to use a color inconsistent with subsection (2) of this section for the purposes of a charitable program implemented by the jurisdiction, such as for purposes of fund-raising for a nonprofit organization.
(ii) The department may grant an exemption in response to a petition from a jurisdiction that demonstrates that the provision of color-coded containers consistent with subsection (2) of this section is not feasible, and the jurisdiction proposes an alternative plan to reduce contamination in the jurisdiction.
(iii) The department must grant an exemption in response to a petition from a jurisdiction that proposes an alternative plan and a timeline to transition its containers, by route, portion of service area or population, or other method, to be color-coded in a manner consistent with the requirements of subsection (2) of this section in the jurisdiction.
(2)(a)(i) In a jurisdiction where source-separated recyclable materials and source-separated organic materials are collected separately, a gray or black container may be used only for the collection of solid waste that is not a source-separated recyclable material or a source-separated organic material.
(ii) In a jurisdiction where source-separated recyclable materials or organic materials are not collected separately, a gray or black container may be used for any solid waste, including organic material or recyclable material that is not separately collected in the jurisdiction.
(b) A blue container may be used only for source-separated recyclable materials. The contents of the blue container must be intended for transport, directly or indirectly, to a facility that recovers the materials designated for collection in the blue container.
(c) A green or brown container may be used only for source-separated organic materials and the contents of green or brown-lidded containers must be intended for transport, directly or indirectly, to an organic materials management facility.
(d)(i) A color other than green, brown, blue, black, or gray may be used only in accordance with any statewide standards that the department elects to develop.
(ii) A jurisdiction may petition the department to continue the use of a dark green color for solid waste other than source-separated recyclable materials, and the department must grant the petition upon determining that the dark green color is easily distinguishable from a light green or brown color used by the jurisdiction for source-separated organic materials.
(e) The department may determine the appropriate container color to be used for materials that could conceivably be placed in multiple types of containers specified in (a) through (d) of this subsection.
(3)(a) By January 1, 2028, each container for curbside, commercial, or public place waste collection must bear a clear and conspicuous label on each container and lid, using background colors or a font that matches the coloring arrangement for containers and lids specified in subsection (2) of this section, specifying the categories of materials that are allowed to be placed in the container. The requirements of this subsection (3) may be satisfied by:
(i) A label placed on a container that includes either written text or graphic images, or both, that indicate the primary categories of materials accepted in that container; or
(ii) Imprinted text or graphic images that indicate the primary categories of materials accepted in that container.
(b) A container with a volume of at least one cubic yard must feature an area with a minimum of one foot by one foot area that contains the label required in (a) of this subsection, and label text with a font height of at least 5 inches.
(c) A container that is located indoors and does not have a lid or that contains multiple compartments must feature a visible label placed in proximity to the location in which solid waste is intended to be deposited.
(d) The requirements of this subsection (3) do not apply to a solid waste collection container that a jurisdiction plans to remove from service prior to January 1, 2030, in order to be consistent with the color-coding provisions of subsection (2) of this section.
(e) Local jurisdictions planning under this chapter are encouraged to provide labels under this subsection:
(i) In multiple languages; and
(ii) That specify the individual types of materials within each category of material that may be placed in each type of solid waste collection container.
(4) Carpets, noncompostable paper, and hazardous wood waste may not be collected in a green or brown container. The department may adopt rules to prohibit additional waste stream contaminants from being placed in a green or brown container or a blue container.
(5) Notwithstanding the applicability of an exemption under subsections (1) through (3) of this section, the contents of containers used for the collection of source-separated recyclable materials must be intended for transport to a facility that recovers the corresponding materials, and the contents of containers used for the collection of organic materials must be intended for transport, directly or indirectly, to an organic materials management facility.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a)(i) "Blue container" means a container where the body of the container is blue and the lid is blue or black in color.
(ii) Hardware, such as hinges and wheels on a blue-lidded container, may be any color.
(b)(i) "Green or brown container" means a container where the body of the container is green or brown and the lid is green, brown, or black in color.
(ii) Hardware, such as hinges and wheels on a green or brown-lidded container, may be any color.
(c)(i) "Gray or black container" means a container where the body of the container is gray or black and the lid is gray or black in color.
(ii) Hardware, such as hinges and wheels on a gray or black-lidded container, may be any color.
(iii) A galvanized metal container or lid that is unpainted and gray or silver in appearance is considered to be a gray container or lid for purposes of this section.
[
2025 c 314 s 3
.]
NOTES:
Findings
—
Intent
—
2025 c 314:
See note following RCW 70A.207.050
.
RCW 70A.205.760
Multifamily residential buildings
—
Requirements for organic materials waste and recycling collection containers.
The governing body of each county or city may require the owners or operators of new or existing multifamily residential buildings to do any combination of the following:
(1) Provide adequate space for the colocation of organic materials waste and recycling collection containers with garbage containers, or if colocation is not possible, requiring the posting of signage notifying residents of where organic materials waste and recycling containers are located;
(2) Identify organic materials waste collection containers with appropriate and accurate signage and color to differentiate between organic materials waste, recycling, and garbage collection containers; or
(3) Annually provide waste sorting educational material to building residents.
[
2025 c 314 s 6
.]
NOTES:
Findings
—
Intent
—
2025 c 314:
See note following RCW 70A.207.050
.
RCW 70A.205.900
Authority and responsibility of utilities and transportation commission not changed.
Nothing in this act shall be deemed to change the authority or responsibility of the Washington utilities and transportation commission to regulate all intrastate carriers.
[
1969 ex.s. c 134 s 27
. Formerly RCW 70.95.900
.]
RCW 70A.205.901
Application of chapter
—
Collection and transportation of recyclable materials by recycling companies or nonprofit entities
—
Reuse or reclamation.
Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, 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.
[
1989 c 431 s 32
. Formerly RCW 70.95.903
.]
RCW 70A.205.902
Application of chapter
—
Steel slag.
Nothing in this chapter is applicable to steel slag that is a primary product of production in the electric arc steel-making process, produced to specification, managed as an item of commercial value, and placed in commerce for general public consumption, provided that such steel slag material is not abandoned, discarded, or placed in the solid waste stream.
[
2016 c 165 s 1
. Formerly RCW 70.95.904
.]