reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.135 - Water Pollution Control Facilities Financing. › 70A.135.010 - Purpose—Legislative intent.

RCW 70A.135.010
Purpose—Legislative intent.
The long-range health and environmental goals for the state of Washington require the protection of the state's surface and underground waters for the health, safety, use, enjoyment, and economic benefit of its people. It is the purpose of this chapter to provide financial assistance to the state and to local governments for the planning, design, acquisition, construction, and improvement of water pollution control facilities and related activities in the achievement of state and federal water pollution control requirements for the protection of the state's waters.
It is the intent of the legislature that distribution of moneys for water pollution control facilities under this chapter be made on an equitable basis taking into consideration legal mandates, local effort, ratepayer impacts, and past distributions of state and federal moneys for water pollution control facilities.
It is the intent of this chapter that the cost of any water pollution control facility attributable to increased or additional capacity that exceeds one hundred ten percent of existing needs at the time of application for assistance under this chapter shall be entirely a local or private responsibility. It is the intent of this chapter that industrial pretreatment be paid by industries and that state funds shall not be used for such purposes.
[ 2009 c 479 § 51; 1986 c 3 § 1. Formerly RCW 70.146.010.]
NOTES:
Effective date—2009 c 479: See note following RCW 2.56.030.
Effective dates—1986 c 3: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately except sections 12 through 15 of this act shall take effect April 1, 1986." [ 1986 c 3 § 18.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.135 - Water Pollution Control Facilities Financing. › 70A.135.030 - Water pollution control facilities and activities—Grants or loans.

RCW 70A.135.030
Water pollution control facilities and activities—Grants or loans.
The department may make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other funds are made available on a cost-sharing basis, for water pollution control facilities and activities, or for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by a public body to a service provider under a service agreement entered into pursuant to RCW 70A.140.060, within the purposes of this chapter and for related administrative expenses. No more than three percent of the moneys may be used by the department to pay for the administration of the grant and loan program authorized by this chapter.
[ 2020 c 20 § 1378; 2009 c 479 § 53; 2007 c 522 § 955. Prior: 2005 c 518 § 940; 2005 c 514 § 1108; 2004 c 277 § 909; 2003 1st sp.s. c 25 § 934; 2002 c 371 § 921; 2001 2nd sp.s. c 7 § 922; 1996 c 37 § 2; 1995 2nd sp.s. c 18 § 921; 1991 sp.s. c 13 § 61; prior: 1987 c 505 § 64; 1987 c 436 § 6; 1986 c 3 § 3. Formerly RCW 70.146.030.]
NOTES:
Effective date—2009 c 479: See note following RCW 2.56.030.
Severability—Effective date—2007 c 522: See notes following RCW 15.64.050.
Effective date—2005 c 518: See note following RCW 28A.600.110.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.
Severability—Effective dates—2004 c 277: See notes following RCW 89.08.550.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW 9.46.100.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
Effective dates—1986 c 3: See note following RCW 70A.135.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.135 - Water Pollution Control Facilities Financing. › 70A.135.040 - Level of grant or loan not precedent.

RCW 70A.135.040
Level of grant or loan not precedent.
No grant or loan made in this chapter for fiscal year 1987 shall be construed to establish a precedent for levels of grants or loans made under this chapter thereafter.
[ 2009 c 479 § 54; 1986 c 3 § 6. Formerly RCW 70.146.040.]
NOTES:
Effective date—2009 c 479: See note following RCW 2.56.030.
Effective dates—1986 c 3: See note following RCW 70A.135.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.135 - Water Pollution Control Facilities Financing. › 70A.135.050 - Compliance schedule for secondary treatment.

RCW 70A.135.050
Compliance schedule for secondary treatment.
The department of ecology may provide for a phased in compliance schedule for secondary treatment which addresses local factors that may impede compliance with secondary treatment requirements of the federal clean water act.
In determining the length of time to be granted for compliance, the department shall consider the criteria specified in the federal clean water act.
[ 1986 c 3 § 8. Formerly RCW 70.146.050.]
NOTES:
Effective dates—1986 c 3: See note following RCW 70A.135.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.135 - Water Pollution Control Facilities Financing. › 70A.135.060 - Use of funds—Limitations.

RCW 70A.135.060
Use of funds—Limitations.
Funds provided for facilities and activities under this chapter may be used for payments to a service provider under a service agreement pursuant to RCW 70A.140.060. If funds are to be used for such payments, the department may make periodic disbursements to a public body or may make a single lump sum disbursement. Disbursements of funds with respect to a facility owned or operated by a service provider shall be equivalent in value to disbursements that would otherwise be made if that facility were owned or operated by a public body. Payments under this chapter for waste disposal and management facilities made to public bodies entering into service agreements pursuant to RCW 70A.140.060 shall not exceed amounts paid to public bodies not entering into service agreements.
[ 2020 c 20 § 1379; 2009 c 479 § 55. Prior: 1987 c 527 § 1; 1987 c 436 § 7; 1986 c 3 § 9. Formerly RCW 70.146.060.]
NOTES:
Effective date—2009 c 479: See note following RCW 2.56.030.
Effective dates—1986 c 3: See note following RCW 70A.135.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.135 - Water Pollution Control Facilities Financing. › 70A.135.080 - Extended grant payments.

RCW 70A.135.080
Extended grant payments.
(1) The department of ecology may enter into contracts with local jurisdictions which provide for extended grant payments under which eligible costs may be paid on an advanced or deferred basis.
(2) Extended grant payments shall be in equal annual payments, the total of which does not exceed, on a net present value basis, fifty percent of the total eligible cost of the project incurred at the time of design and construction. The duration of such extended grant payments shall be for a period not to exceed twenty years. The total of federal and state grant moneys received for the eligible costs of the project shall not exceed fifty percent of the eligible costs.
(3) Any moneys appropriated by the legislature for the purposes of this section shall be first used by the department of ecology to satisfy the conditions of the extended grant payment contracts.
[ 2009 c 479 § 56; 1987 c 516 § 1. Formerly RCW 70.146.075.]
NOTES:
Effective date—2009 c 479: See note following RCW 2.56.030.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.135 - Water Pollution Control Facilities Financing. › 70A.135.090 - Grants and loans to local governments—Statement of environmental benefits—Development of outcome-focused performance measures.

RCW 70A.135.090
Grants and loans to local governments—Statement of environmental benefits—Development of outcome-focused performance measures.
In providing grants and loans to local governments, the department shall require recipients to incorporate the environmental benefits of the project into their applications, and the department shall utilize the statement of environmental benefits in its grant and loan prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant and loan program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The department shall consult with affected interest groups in implementing this section.
[ 2001 c 227 § 6. Formerly RCW 70.146.090.]
NOTES:
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.135 - Water Pollution Control Facilities Financing. › 70A.135.110 - Puget Sound partners.

RCW 70A.135.110
Puget Sound partners.
When making grants or loans for water pollution control facilities under RCW 70A.135.070, the department shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the action agenda developed by the Puget Sound partnership under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.
[ 2020 c 20 § 1382; 2007 c 341 § 27. Formerly RCW 70.146.110.]
NOTES:
Effective date—2007 c 341: See RCW 90.71.907.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.135 - Water Pollution Control Facilities Financing. › 70A.135.120 - Administering funds—Preference to an evergreen community.

RCW 70A.135.120
Administering funds—Preference to an evergreen community.
When administering funds under this chapter, the department shall give preference only to an evergreen community recognized under *RCW 35.105.030 in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.
[ 2008 c 299 § 31. Formerly RCW 70.146.120.]
NOTES:
*Reviser's note: RCW 35.105.030 was repealed by 2021 c 209 § 26.
Short title—2008 c 299: See note following RCW 76.15.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.140 - Water Quality Joint Development Act. › 70A.140.010 - Purpose—Legislative intent.

RCW 70A.140.010
Purpose—Legislative intent.
The long-range health and economic and environmental goals for the state of Washington require the protection of the state's surface and underground waters for the health, safety, use, and enjoyment of its people. It is the purpose of this chapter to provide public bodies an additional means by which to provide for financing, development, and operation of water pollution control facilities needed for achievement of state and federal water pollution control requirements for the protection of the state's waters.
It is the intent of the legislature that public bodies be authorized to provide service from water pollution control facilities by means of service agreements with public or private parties as provided in this chapter.
[ 1986 c 244 § 1. Formerly RCW 70.150.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.140 - Water Quality Joint Development Act. › 70A.140.020 - Definitions.

RCW 70A.140.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Water pollution control facilities" or "facilities" means any facilities, systems, or subsystems owned or operated by a public body, or owned or operated by any person or entity for the purpose of providing service to a public body, for the control, collection, storage, treatment, disposal, or recycling of wastewater, including but not limited to sanitary sewage, stormwater, residential wastes, commercial wastes, industrial wastes, and agricultural wastes, that are causing or threatening the degradation of subterranean or surface bodies of water due to concentrations of conventional, nonconventional, or toxic pollutants. Water pollution control facilities do not include dams or water supply systems.
(2) "Public body" means the state of Washington or any agency, county, city or town, political subdivision, municipal corporation, or quasi-municipal corporation.
(3) "Water pollution" means such contamination, or other alteration of the physical, chemical, or biological properties of any surface or subterranean waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.
(4) "Agreement" means any agreement to which a public body and a service provider are parties by which the service provider agrees to deliver service to such public body in connection with its design, financing, construction, ownership, operation, or maintenance of water pollution control facilities in accordance with this chapter.
(5) "Service provider" means any privately owned or publicly owned profit or nonprofit corporation, partnership, joint venture, association, or other person or entity that is legally capable of contracting for and providing service with respect to the design, financing, ownership, construction, operation, or maintenance of water pollution control facilities in accordance with this chapter.
[ 1986 c 244 § 2. Formerly RCW 70.150.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.140 - Water Quality Joint Development Act. › 70A.140.030 - Agreements with service providers—Contents—Sources of funds for periodic payments under agreements.

RCW 70A.140.030
Agreements with service providers—Contents—Sources of funds for periodic payments under agreements.
(1) Public bodies may enter into agreements with service providers for the furnishing of service in connection with water pollution control facilities pursuant to the process set forth in RCW 70A.140.040. The agreements may provide that a public body pay a minimum periodic fee in consideration of the service actually available without regard to the amount of service actually used during all or any part of the contractual period. Agreements may be for a term not to exceed forty years or the life of the facility, whichever is longer, and may be renewable.
(2) The source of funds to meet periodic payment obligations assumed by a public body pursuant to an agreement permitted under this section may be paid from taxes, or solely from user fees, charges, or other revenues pledged to the payment of the periodic obligations, or any of these sources.
[ 2020 c 20 § 1390; 1986 c 244 § 3. Formerly RCW 70.150.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.140 - Water Quality Joint Development Act. › 70A.140.050 - Sale, lease, or assignment of public property to service provider—Use for services to public body.

RCW 70A.140.050
Sale, lease, or assignment of public property to service provider—Use for services to public body.
A public body may sell, lease, or assign public property for fair market value to any service provider as part of a service agreement entered into under the authority of this chapter. The property sold or leased shall be used by the provider, directly or indirectly, in providing services to the public body. Such use may include demolition, modification, or other use of the property as may be necessary to execute the purposes of the service agreement.
[ 1986 c 244 § 5. Formerly RCW 70.150.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.140 - Water Quality Joint Development Act. › 70A.140.060 - Public body eligible for grants or loans—Use of grants or loans.

RCW 70A.140.060
Public body eligible for grants or loans—Use of grants or loans.
A public body that enters into a service agreement pursuant to this chapter, under which a facility is owned wholly or partly by a service provider, shall be eligible for grants or loans to the extent permitted by law or regulation as if the entire portion of the facility dedicated to service to such public body were publicly owned. The grants or loans shall be made to and shall inure to the benefit of the public body and not the service provider. Such grants or loans shall be used by the public body for all or part of its ownership interest in the facility, and/or to defray a part of the payments it makes to the service provider under a service agreement if such uses are permitted under the grant or loan program.
[ 1986 c 244 § 6. Formerly RCW 70.150.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.140 - Water Quality Joint Development Act. › 70A.140.070 - RCW 70A.140.030 through 70A.140.060 to be additional method of providing services.

RCW 70A.140.070
RCW 70A.140.030 through 70A.140.060 to be additional method of providing services.
RCW 70A.140.030 through 70A.140.060 shall be deemed to provide an additional method for the provision of services from and in connection with facilities and shall be regarded as supplemental and additional to powers conferred by other state laws and by federal laws.
[ 2020 c 20 § 1391; 2007 c 494 § 505; 2005 c 469 § 2; 1986 c 244 § 7. Formerly RCW 70.150.070.]
NOTES:
Part headings and captions not law—Effective dates—Severability—2007 c 494: See RCW 39.10.903 through 39.10.905.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.140 - Water Quality Joint Development Act. › 70A.140.080 - Application of other chapters to service agreements under this chapter—Prevailing wages.

RCW 70A.140.080
Application of other chapters to service agreements under this chapter—Prevailing wages.
(1) The provisions of chapters 39.12, 39.19, and * 39.25 RCW shall apply to a service agreement entered into under this chapter to the same extent as if the facilities dedicated to such service were owned by a public body.
(2) Subsection (1) of this section shall not be construed to apply to agreements or actions by persons or entities which are not undertaken pursuant to this chapter.
(3) Except for RCW 39.04.175, this chapter shall not be construed as a limitation or restriction on the application of Title 39 RCW to public bodies.
(4) Prevailing wages shall be established as the prevailing wage in the largest city of the county in which facilities are built.
[ 1986 c 244 § 8. Formerly RCW 70.150.080.]
NOTES:
*Reviser's note: Chapter 39.25 RCW was repealed by 1994 c 138 § 2.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.140 - Water Quality Joint Development Act. › 70A.140.900 - Short title.

RCW 70A.140.900
Short title.
This chapter may be cited as the water quality joint development act.
[ 1986 c 244 § 9. Formerly RCW 70.150.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.145 - Water Purveyors—Fire Suppression Water Facilities. › 70A.145.010 - Findings and declaration of purpose.

RCW 70A.145.010
Findings and declaration of purpose.
(1) The legislature finds that historically governmental and nongovernmental water purveyors have played two key public service roles: Providing safe drinking water and providing water for fire protection. This dual function approach is a deeply embedded and state-regulated feature of water system planning, engineering, operation, and maintenance. This dual function enables purveyors to provide these critical public services in a cost-effective way that protects public health and safety, promotes economic development, and supports appropriate land use planning.
(2) The legislature finds that the provision of integrated, dual function water facilities and services benefits all customers of a purveyor, similar to other benefits provided to water system customers in response to regulation regarding safe drinking water such as treatment and water quality monitoring.
(3) The legislature finds that water purveyors plan, construct, acquire, operate, and maintain fire suppression water facilities in response to regulatory requirements, including without limitation the public water system coordination act, RCW 70A.100.080, the design of public water systems and water system operations requirements, chapter 246-290 WAC, Parts 3 and 5, the state building code, chapter 19.27 RCW, and the international fire code. The availability of infrastructure and water to fight fires allows for the development and habitability of property, increases property values, and benefits customers and property through lower casualty insurance rates.
(4) The legislature finds that recent Washington supreme court decisions, including Lane v. City of Seattle, 164 Wn.2d 875 (2008), and City of Tacoma v. City of Bonney Lake, et al., 173 Wn.2d 584 (2012), have created uncertainty and confusion as to the role, responsibilities, cost allocation, and recovery authority of water purveyors. If left unresolved, the absence of legal clarity will adversely affect the availability and condition of fire suppression infrastructure necessary to protect life and property.
(5) It is the legislature's intent to determine appropriate methods of organizing public services and the authority of water purveyors with respect to critical public services. The legislature further intends this chapter to clarify the authority of water purveyors to provide fire suppression water facilities and services and to recover the costs for those facilities and services. The legislature also intends to provide liability protections appropriate for water purveyors engaged in this vital public service.
[ 2020 c 20 § 1429; 2013 c 127 § 1. Formerly RCW 70.315.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.145 - Water Purveyors—Fire Suppression Water Facilities. › 70A.145.020 - Definitions.

RCW 70A.145.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Fire suppression water facilities" means water supply transmission and distribution facilities, interties, pipes, valves, control systems, lines, storage, pumps, fire hydrants, and other facilities, or any part thereof, used or usable for the delivery of water for fire suppression purposes.
(2) "Fire suppression water services" or "services" means operation and maintenance of fire suppression water facilities and the delivery of water for fire suppression purposes.
(3) "Municipal corporation" means any city, town, county, water-sewer district, port district, public utility district, irrigation district, and any other municipal corporation, quasi-municipal corporation, or political subdivision of the state.
(4) "Purveyor" has the same meaning as set forth in RCW 70A.100.030(4).
[ 2020 c 20 § 1430; 2013 c 127 § 2. Formerly RCW 70.315.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.145 - Water Purveyors—Fire Suppression Water Facilities. › 70A.145.030 - Cost allocation and recovery.

RCW 70A.145.030
Cost allocation and recovery.
A purveyor may allocate and recover the costs of fire suppression water facilities and services from all customers as costs of complying with state laws and regulations, or from customers based on service to, benefits conferred upon, and burdens and impacts caused by various classes of customers, or both.
[ 2013 c 127 § 3. Formerly RCW 70.315.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.145 - Water Purveyors—Fire Suppression Water Facilities. › 70A.145.040 - Contracts to provide for facilities and services.

RCW 70A.145.040
Contracts to provide for facilities and services.
A city, town, or county may contract with purveyors for the provision of fire suppression water facilities, services, or both. The contract may take the form of a franchise agreement, an interlocal agreement pursuant to chapter 39.34 RCW, or an agreement under other contracting authority, and may provide for funding or cost recovery of fire suppression water facilities, services, or both, as the parties may agree.
[ 2013 c 127 § 4. Formerly RCW 70.315.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.145 - Water Purveyors—Fire Suppression Water Facilities. › 70A.145.050 - Payment by counties.

RCW 70A.145.050
Payment by counties.
A county is not required to pay for fire suppression water facilities or services except: (1) As a customer of a purveyor; (2) in areas where a county is acting as a purveyor; or (3) where a county has agreed to do so consistent with RCW 70A.145.040.
[ 2020 c 20 § 1431; 2013 c 127 § 5. Formerly RCW 70.315.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.145 - Water Purveyors—Fire Suppression Water Facilities. › 70A.145.060 - Liability protection for fire suppression water facilities and services.

RCW 70A.145.060
Liability protection for fire suppression water facilities and services.
(1) A purveyor that is a municipal corporation is not liable for any damages that arise out of a fire event and relate to the operation, maintenance, and provision of fire suppression water facilities and services that are located within or outside its corporate boundaries.
(2) A purveyor that is not a municipal corporation is not liable for any damages that arise out of a fire event and relate to the operation, maintenance, and provision of fire suppression water facilities and services if the purveyor has a description of fire hydrant maintenance measures. The description of fire hydrant maintenance measures must be kept on file by the water purveyor and be available to the public, and may be included within the purveyor's most recently approved water system plan or small water system management program.
(3) Consistent with RCW 36.55.060, with respect to counties and notwithstanding the provisions of subsections (1) and (2) of this section, agreements or franchises may, as the parties mutually agree, include indemnification, hold harmless, or other risk management provisions under which purveyors indemnify and hold harmless cities, towns, and counties against damages arising from fire suppression activities during fire events. Such provisions are unaffected by subsections (1) and (2) of this section.
[ 2013 c 127 § 6. Formerly RCW 70.315.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.145 - Water Purveyors—Fire Suppression Water Facilities. › 70A.145.900 - Liberal construction.

RCW 70A.145.900
Liberal construction.
This chapter is exempted from the rule of strict construction and must be liberally construed to give full effect to the objectives and purposes for which it was enacted.
[ 2013 c 127 § 7. Formerly RCW 70.315.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.145 - Water Purveyors—Fire Suppression Water Facilities. › 70A.145.901 - Powers conferred by chapter are supplemental.

RCW 70A.145.901
Powers conferred by chapter are supplemental.
(1) The powers and authority conferred by this chapter are supplemental to powers and authority conferred by other law, and nothing contained in this chapter may be construed as limiting any other powers or authority of any municipal corporation or other entity under applicable law.
(2) As to water companies that are regulated by the utilities and transportation commission under Title 80 RCW, nothing in this chapter is intended to change or limit the authority or jurisdiction of the utilities and transportation commission.
[ 2013 c 127 § 8. Formerly RCW 70.315.901.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.145 - Water Purveyors—Fire Suppression Water Facilities. › 70A.145.902 - Ratification of prior acts.

RCW 70A.145.902
Ratification of prior acts.
To the extent that they provide for or address funding, cost allocation, and recovery of fire suppression water facilities and services, all ordinances, resolutions, and contracts adopted, entered, implemented, or performed prior to July 28, 2013, are hereby validated, ratified, and confirmed. This chapter must not affect or impair any ordinance, resolution, or contract lawfully entered into prior to July 28, 2013.
[ 2013 c 127 § 9. Formerly RCW 70.315.902.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.010 - Legislative findings.

RCW 70A.200.010
Legislative findings.
(1) The legislature finds:
(a) Washington state is experiencing rapid population growth and its citizens are increasingly mobile;
(b) There is a fundamental need for a healthful, clean, and beautiful environment;
(c) The proliferation and accumulation of litter discarded throughout this state impairs this need and constitutes a public health hazard;
(d) There is a need to conserve energy and natural resources, and the effective litter control and recovery and recycling of litter materials will serve to accomplish such conservation;
(e) In addition to effective litter control, there must be effective programs to accomplish waste reduction, the state's highest waste management priority; and
(f) There must also be effective systems to accomplish all components of recycling, including collection and processing.
(2) Recognizing the multifaceted nature of the state's solid waste management problems, the legislation enacted in 1971 and entitled the "Model Litter Control and Recycling Act" is hereby renamed the "waste reduction, recycling, and model litter control act."
[ 1998 c 257 § 1; 1992 c 175 § 1; 1979 c 94 § 1; 1971 ex.s. c 307 § 1. Formerly RCW 70.93.010.]
NOTES:
Effective date—1992 c 175: See RCW 82.19.900.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.020 - Declaration of purpose.

RCW 70A.200.020
Declaration of purpose.
(1) The purpose of this chapter is to accomplish litter control, increase waste reduction, and stimulate all components of recycling and composting throughout this state by delegating to the department of ecology the authority to:
(a) Conduct a permanent and continuous program to control and remove litter from this state to the maximum practical extent possible;
(b) Recover and recycle waste materials related to litter and littering;
(c) Foster public and private recycling of recyclable materials and composting of compostable materials;
(d) Increase public awareness of the need for waste reduction, recycling, litter control, and composting;
(e) Coordinate the litter collection efforts by other agencies identified in this chapter; and
(f) Coordinate and expend funds collected under chapter 82.19 RCW with priority given to products identified under RCW 82.19.020 and solely for the purposes of waste reduction, recycling, composting, and litter collection and control programs.
(2) It is further the intent and purpose of this chapter to: (a) Create jobs for employment of youth in litter cleanup and related activities; (b) stimulate and encourage recycling; and (c) encourage proper and appropriate composting. This program shall include the compatible goal of recovery of recyclable materials to conserve energy and natural resources wherever practicable. Every other department of state government and all local governmental units and agencies of this state shall cooperate with the department of ecology in the administration and enforcement of this chapter. The intent of this chapter is to add to and to coordinate existing recycling and litter control and removal efforts and not terminate or supplant such efforts.
[ 2015 c 15 § 1; 1998 c 257 § 2; 1992 c 175 § 2; 1991 c 319 § 101; 1979 c 94 § 2; 1975-'76 2nd ex.s. c 41 § 7; 1971 ex.s. c 307 § 2. Formerly RCW 70.93.020.]
NOTES:
Effective date—1992 c 175: See RCW 82.19.900.
Solid waste disposal, recovery and recycling: Chapter 70A.205 RCW.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.040 - Administrative procedure act—Application to chapter.

RCW 70A.200.040
Administrative procedure act—Application to chapter.
In addition to his or her other powers and duties, the director shall have the power to propose and to adopt pursuant to chapter 34.05 RCW rules and regulations necessary to carry out the provisions, purposes, and intent of this chapter.
[ 2012 c 117 § 404; 1971 ex.s. c 307 § 4. Formerly RCW 70.93.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.050 - Enforcement of chapter.

RCW 70A.200.050
Enforcement of chapter.
The director shall designate trained employees of the department to be vested with police powers to enforce and administer the provisions of this chapter and all rules adopted thereunder. The director shall also have authority to contract with other state and local governmental agencies having law enforcement capabilities for services and personnel reasonably necessary to carry out the enforcement provisions of this chapter. In addition, state patrol officers, fish and wildlife officers, fire wardens, deputy fire wardens and forest rangers, sheriffs and marshals and their deputies, and police officers, and those employees of the department of ecology and the parks and recreation commission vested with police powers all shall enforce the provisions of this chapter and all rules adopted thereunder and are hereby empowered to issue citations to and/or arrest without warrant, persons violating any provision of this chapter or any of the rules adopted hereunder. All of the foregoing enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing the provisions of this chapter and rules adopted hereunder. In addition, mailing by registered mail of such warrant, citation, or other process to his or her last known place of residence shall be deemed as personal service upon the person charged.
[ 2001 c 253 § 8; 1980 c 78 § 132; 1979 c 94 § 4; 1971 ex.s. c 307 § 5. Formerly RCW 70.93.050.]
NOTES:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.070 - Collection of fines and forfeitures.

RCW 70A.200.070
Collection of fines and forfeitures.
The director may prescribe the procedures for the collection of penalties, costs, and other charges allowed by chapter 7.80 RCW for violations of this chapter.
[ 1996 c 263 § 2; 1993 c 292 § 2; 1983 c 277 § 2; 1971 ex.s. c 307 § 7. Formerly RCW 70.93.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.080 - Notice to public—Contents of chapter—Required.

RCW 70A.200.080
Notice to public—Contents of chapter—Required.
Pertinent portions of this chapter shall be posted along the public highways of this state and in all campgrounds and trailer parks, at all entrances to state parks, forestlands, and recreational areas, at all public beaches, and at other public places in this state where persons are likely to be informed of the existence and content of this chapter and the penalties for violating its provisions.
[ 1971 ex.s. c 307 § 8. Formerly RCW 70.93.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.090 - Litter receptacles—Use of anti-litter symbol—Distribution—Placement—Violations—Penalties.

RCW 70A.200.090
Litter receptacles—Use of anti-litter symbol—Distribution—Placement—Violations—Penalties.
The department shall design and the director shall adopt by rule or regulation one or more types of litter receptacles which are reasonably uniform as to size, shape, capacity and color, for wide and extensive distribution throughout the public places of this state. Each such litter receptacle shall bear an anti-litter symbol as designed and adopted by the department. In addition, all litter receptacles shall be designed to attract attention and to encourage the depositing of litter.
Litter receptacles of the uniform design shall be placed along the public highways of this state and at all parks, campgrounds, trailer parks, drive-in restaurants, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, parking lots of major industrial firms, marinas, boat launching areas, boat moorage and fueling stations, public and private piers, beaches and bathing areas, and such other public places within this state as specified by rule or regulation of the director adopted pursuant to chapter 34.05 RCW. The number of such receptacles required to be placed as specified herein shall be determined by a formula related to the need for such receptacles.
It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles of the uniform design are required by this section to procure and place such receptacles at their own expense on the premises in accord with rules and regulations adopted by the department.
Any person, other than a political subdivision, government agency, or municipality, who fails to place such litter receptacles on the premises in the numbers required by rule or regulation of the department, violating the provisions of this section or rules or regulations adopted thereunder shall be subject to a fine of ten dollars for each day of violation.
[ 1998 c 257 § 4; 1979 c 94 § 5; 1971 ex.s. c 307 § 9. Formerly RCW 70.93.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.100 - Official gatherings and sports facilities—Recycling.

RCW 70A.200.100
Official gatherings and sports facilities—Recycling.
In communities where there is an established curbside service and where recycling service is available to businesses, a recycling program must be provided at every official gathering and at every sports facility by the vendors who sell beverages in single-use aluminum, glass, or plastic bottles or cans. A recycling program includes provision of receptacles or reverse vending machines, and provisions to transport and recycle the collected materials. Facility managers or event coordinators may choose to work with vendors to coordinate the recycling program. The recycling receptacles or reverse vending machines must be clearly marked, and must be provided for the aluminum, glass, or plastic bottles or cans that contain the beverages sold by the vendor.
[ 2007 c 244 § 2. Formerly RCW 70.93.093.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.110 - Marinas and airports—Recycling.

RCW 70A.200.110
Marinas and airports—Recycling.
(1) Each marina with thirty or more slips and each airport providing regularly scheduled commercial passenger service shall provide adequate recycling receptacles on, or adjacent to, its facility. The receptacles shall be clearly marked for the disposal of at least two of the following recyclable materials: Aluminum, glass, newspaper, plastic, and tin.
(2) Marinas and airports subject to this section shall not be required to provide recycling receptacles until the city or county in which it is located adopts a waste reduction and recycling element of a solid waste management plan pursuant to RCW 70A.205.045.
[ 2020 c 20 § 1075; 1991 c 11 § 2. Formerly RCW 70.93.095.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.120 - Transported waste must be covered or secured.

RCW 70A.200.120
Transported waste must be covered or secured.
(1) By January 1, 1994, each county or city with a staffed transfer station or landfill in its jurisdiction shall adopt an ordinance to reduce litter from vehicles. The ordinance shall require the operator of a vehicle transporting solid waste to a staffed transfer station or landfill to secure or cover the vehicle's waste in a manner that will prevent spillage. The ordinance may provide exemptions for vehicle operators transporting waste that is unlikely to spill from a vehicle.
The ordinance shall, in the absence of an exemption, require a fee, in addition to other landfill charges, for a person arriving at a staffed landfill or transfer station without a cover on the vehicle's waste or without the waste secured.
(2) The fee collected under subsection (1) of this section shall be deposited, no less often than quarterly, with the city or county in which the landfill or transfer station is located.
(3) A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 shall not be required to secure or cover a load pursuant to ordinances adopted under this section.
[ 1993 c 399 § 1. Formerly RCW 70.93.097.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.130 - Removal of litter—Responsibility.

RCW 70A.200.130
Removal of litter—Responsibility.
Responsibility for the removal of litter from receptacles placed at parks, beaches, campgrounds, trailer parks, and other public places shall remain upon those state and local agencies performing litter removal. Removal of litter from litter receptacles placed on private property which is used by the public shall remain the responsibility of the owner of such private property.
[ 1971 ex.s. c 307 § 11. Formerly RCW 70.93.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.150 - Department of ecology—Administration of anti-litter and recycling programs.

RCW 70A.200.150
Department of ecology—Administration of anti-litter and recycling programs.
In addition to the foregoing, the department of ecology shall use the moneys from RCW 70A.200.140 of the waste reduction, recycling, and litter control account to:
(1) Serve as the coordinating agency between the various industry organizations seeking to aid in the waste reduction, anti-litter, recycling, and composting efforts;
(2) Serve as the coordinating and administrating agency for all state agencies and local governments receiving funds for waste reduction, litter control, recycling, and composting under this chapter;
(3) Recommend to the governing bodies of all local governments that they adopt ordinances similar to the provisions of this chapter;
(4) Cooperate with all local governments to accomplish coordination of local waste reduction, anti-litter, recycling, and composting efforts;
(5) Encourage, organize, and coordinate all voluntary local waste reduction, anti-litter, and recycling campaigns seeking to focus the attention of the public on the programs of this state to reduce waste, control and remove litter, and foster recycling and composting;
(6) Investigate the availability of, and apply for funds available from any private or public source to be used in the program outlined in this chapter;
(7) Develop statewide programs by working with local governments, payers of the waste reduction, recycling, and litter control tax, and industry organizations that are active in waste reduction, anti-litter, recycling, and composting efforts to:
(a) Increase public awareness of and participation in recycling and composting; and
(b) Stimulate and encourage local private recycling and composting centers, public participation in recycling and composting, and research and development in the field of litter control, and recycling, removal, and disposal of litter-related recycling materials, and composting; and
(8) Provide on the department's website a summary of all waste reduction, litter control, recycling, and composting efforts statewide including those of the department and other state agencies and local governments funded for such programs under this chapter.
[ 2020 c 20 § 1077; 2015 c 15 § 4; 2014 c 76 § 2; 1998 c 257 § 8; 1979 c 94 § 7; 1971 ex.s. c 307 § 20. Formerly RCW 70.93.200.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.200 - Waste Reduction, Recycling, and Model Litter Control Act. › 70A.200.160 - Waste reduction, anti-litter, and recycling campaign—Industrial cooperation requested.

RCW 70A.200.160
Waste reduction, anti-litter, and recycling campaign—Industrial cooperation requested.
To aid in the statewide waste reduction, anti-litter, and recycling campaign, the state legislature requests that the payers of the waste reduction, recycling, and litter control tax and the various industry organizations which are active in waste reduction, anti-litter, and recycling efforts provide active cooperation with the department of ecology so that additional effect may be given to the waste reduction, anti-litter, and recycling campaign of the state of Washington.
[ 1998 c 257 § 9; 1979 c 94 § 8; 1971 ex.s. c 307 § 21. Formerly RCW 70.93.210.]