reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.218 - Hazardous Waste Fees. › 70A.218.030 - Voluntary reduction plan—Fees.

RCW 70A.218.030
Voluntary reduction plan—Fees.
Hazardous waste generators and hazardous substance users required to prepare plans under RCW 70A.214.110 shall pay an annual fee to support implementation of RCW 70A.214.110 and 70A.214.040. These fees are to be used by the department, subject to appropriation, for plan review, technical assistance to facilities that are required to prepare plans, other activities related to plan development and implementation, and associated indirect costs. The total fees collected under this subsection shall not exceed the department's costs of implementing RCW 70A.214.110 and 70A.214.040 and shall not exceed one million dollars per year. The annual fee for a facility shall not exceed ten thousand dollars per year. Any facility that generates less than two thousand six hundred forty pounds of hazardous waste per waste generation site in the previous calendar year shall be exempt from the fee imposed by this section. The annual fee for a facility generating at least two thousand six hundred forty pounds but not more than four thousand pounds of hazardous waste per waste generation site in the previous calendar year shall not exceed fifty dollars. A person that develops a plan covering more than one interrelated facility as provided for in RCW 70A.214.110 shall be assessed fees only for the number of plans prepared. The department shall adopt a fee schedule by rule after consultation with typical affected businesses and other interested parties. Hazardous waste generated and recycled for beneficial use, including initial amount of hazardous substances introduced into a process and subsequently recycled for beneficial use, shall not be used in the calculations of hazardous waste generated for purposes of this section.
The annual fee imposed by this section shall be first due on July 1st of the year prior to the year that the facility is required to prepare a plan, and by July 1st of each year thereafter.
[ 2020 c 20 § 1223; 1994 c 136 § 3; 1990 c 114 § 13. Formerly RCW 70.95E.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.218 - Hazardous Waste Fees. › 70A.218.040 - Fees—Generally.

RCW 70A.218.040
Fees—Generally.
On an annual basis, the department shall adjust the fees provided for in RCW 70A.218.020 and 70A.218.030, including the maximum annual fee, and maximum total fees, by conducting the calculation in subsection (1) of this section and taking the actions set forth in subsection (2) of this section:
(1) In November of each year, the fees, annual fee, and maximum total fees imposed in RCW 70A.218.020 and 70A.218.030, or as subsequently adjusted by this section, shall be multiplied by a factor equal to the most current quarterly "price deflator" available, divided by the "price deflator" used in the numerator the previous year. However, the "price deflator" used in the denominator for the first adjustment shall be defined by the second quarter "price deflator" for 1990.
(2) Each year by March 1st the fee schedule, as adjusted in subsection (1) of this section will be published. The department will round the published fees to the nearest dollar.
[ 2020 c 20 § 1224; 1990 c 114 § 14. Formerly RCW 70.95E.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.218 - Hazardous Waste Fees. › 70A.218.050 - Administration of fees.

RCW 70A.218.050
Administration of fees.
In administration of this chapter for the enforcement and collection of the fees due and owing under RCW 70A.218.020 and 70A.218.030, the department may apply RCW 43.17.240.
[ 2020 c 20 § 1225; 1995 c 207 § 3; 1994 c 136 § 4; 1990 c 114 § 15. Formerly RCW 70.95E.050.]
NOTES:
Effective date—1995 c 207: See note following RCW 70A.218.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.218 - Hazardous Waste Fees. › 70A.218.060 - Hazardous waste assistance account.

RCW 70A.218.060
Hazardous waste assistance account.
The hazardous waste assistance account is hereby created in the state treasury. The following moneys shall be deposited into the hazardous waste assistance account:
(1) Those revenues which are raised by the fees imposed under RCW 70A.218.020 and 70A.218.030;
(2) Penalties and surcharges collected under chapter 70A.214 RCW and this chapter; and
(3) Any other moneys appropriated or transferred to the account by the legislature. Moneys in the hazardous waste assistance account may be spent only for the purposes of this chapter following legislative appropriation.
[ 2020 c 20 § 1226; 1991 sp.s. c 13 § 75; 1990 c 114 § 18. Formerly RCW 70.95E.080.]
NOTES:
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.218 - Hazardous Waste Fees. › 70A.218.070 - Technical assistance and compliance education—Grants.

RCW 70A.218.070
Technical assistance and compliance education—Grants.
The department may use funds in the hazardous waste assistance account to provide technical assistance and compliance education assistance to hazardous substance users and waste generators, to provide grants to local governments, and for administration of this chapter.
Technical assistance may include the activities authorized under chapter 70A.214 RCW and RCW 70A.300.290 to encourage hazardous waste reduction and hazardous use reduction and the assistance provided for by RCW 70A.300.140(2).
Compliance education may include the activities authorized under RCW 70A.300.140(2) to train local agency officials and to inform hazardous substance users and hazardous waste generators and owners and operators of hazardous waste management facilities of the requirements of chapter 70A.300 RCW and related federal laws and regulations. To the extent practicable, the department shall contract with private businesses to provide compliance education.
Grants to local governments shall be used for small quantity generator technical assistance and compliance education components of their moderate risk waste plans as required by RCW 70A.300.350.
[ 2020 c 20 § 1227; 1995 c 207 § 4; 1990 c 114 § 19. Formerly RCW 70.95E.090.]
NOTES:
Effective date—1995 c 207: See note following RCW 70A.218.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.218 - Hazardous Waste Fees. › 70A.218.080 - Exclusion from chapter.

RCW 70A.218.080
Exclusion from chapter.
Nothing in this chapter relates to radioactive wastes or substances composed of both radioactive and hazardous components, and the department is precluded from using the funds of the hazardous waste assistance account for the regulation and control of such wastes.
[ 1990 c 114 § 20. Formerly RCW 70.95E.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.220 - Labeling of Plastics. › 70A.220.010 - Definitions.

RCW 70A.220.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Container," unless otherwise specified, refers to "rigid plastic container" or "plastic bottle" as those terms are defined in this section.
(2) "Distributors" means those persons engaged in the distribution of packaged goods for sale in the state of Washington, including manufacturers, wholesalers, and retailers.
(3) "Label" means a molded, imprinted, or raised symbol on or near the bottom of a plastic container or bottle.
(4) "Person" means an individual, sole proprietor, partnership, association, or other legal entity.
(5) "Plastic" means a material made of polymeric organic compounds and additives that can be shaped by flow.
(6) "Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.
(7) "Rigid plastic container" means a formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.
[ 1991 c 319 § 103. Formerly RCW 70.95F.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.220 - Labeling of Plastics. › 70A.220.020 - Plastic bottle or rigid plastic container—Labeling requirements.

RCW 70A.220.020
Plastic bottle or rigid plastic container—Labeling requirements.
Except as provided in RCW 70A.220.030(2), after January 1, 1992, no person may distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The numbers and letters used shall be as follows:
(a) [(1)] 1.= PETE (polyethylene terephthalate)
(b) [(2)] 2.= HDPE (high-density polyethylene)
(c) [(3)] 3.= V (vinyl) or PVC (polyvinyl chloride)
(d) [(4)] 4.= LDPE (low density polyethylene)
(e) [(5)] 5.= PP (polypropylene)
(f) [(6)] 6.= PS (polystyrene)
(g) [(7)] 7.= OTHER
[ 2021 c 313 § 18; 2020 c 20 § 1228; 1991 c 319 § 104. Formerly RCW 70.95F.020.]
NOTES:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.220 - Labeling of Plastics. › 70A.220.030 - Violations, penalty.

RCW 70A.220.030
Violations, penalty.
(1) A person who, after written notice from the department, violates RCW 70A.220.020 is subject to a civil penalty of fifty dollars for each violation up to a maximum of five hundred dollars and may be enjoined from continuing violations. Each distribution constitutes a separate offense.
(2) Retailers and distributors shall have two years from May 21, 1991, to clear current inventory, delivered or received and held in their possession as of May 21, 1991.
[ 2020 c 20 § 1229; 1991 c 319 § 105. Formerly RCW 70.95F.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.222 - Packages Containing Metals and Toxic Chemicals. › 70A.222.005 - Finding.

RCW 70A.222.005
Finding.
The legislature finds and declares that:
(1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment;
(2) Packaging comprises a significant percentage of the overall solid waste stream;
(3) The presence of heavy metals in packaging is a part of the total concern in light of their likely presence in emissions or ash when packaging is incinerated, or in leachate when packaging is landfilled;
(4) Lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern;
(5) The intent of this chapter is to achieve a reduction in toxicity without impeding or discouraging the expanded use of postconsumer materials in the production of packaging and its components.
[ 1991 c 319 § 106. Formerly RCW 70.95G.005.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.222 - Packages Containing Metals and Toxic Chemicals. › 70A.222.010 - Definitions.

RCW 70A.222.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Food package" means a package or packaging component that is intended for direct food contact and is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
(2) "Manufacturer" means a person, firm, partnership, organization, joint venture, or corporation that applies a package to a product for distribution or sale.
(3) "Package" means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package, and a shipping container. "Package" also means and includes unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
(4) "Packaging component" means an individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.
(5) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of food packaging, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(6) "Safer alternative" means an alternative substance or chemical, demonstrated by an alternatives assessment, that meets improved hazard and exposure considerations and can be practicably and economically substituted for the original chemical.
[ 2018 c 138 § 1; 1991 c 319 § 107. Formerly RCW 70.95G.010.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.222 - Packages Containing Metals and Toxic Chemicals. › 70A.222.020 - Concentration levels.

RCW 70A.222.020
Concentration levels.
The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed the following:
(1) Six hundred parts per million by weight effective July 1, 1993;
(2) Two hundred fifty parts per million by weight effective July 1, 1994; and
(3) One hundred parts per million by weight effective July 1, 1995.
This section shall apply only to lead, cadmium, mercury, and hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution.
[ 1992 c 131 § 1; 1991 c 319 § 108. Formerly RCW 70.95G.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.222 - Packages Containing Metals and Toxic Chemicals. › 70A.222.030 - Exemptions.

RCW 70A.222.030
Exemptions.
All packages and packaging components shall be subject to this chapter except the following:
(1) Those packages or package components with a code indicating date of manufacture that were manufactured prior to May 21, 1991;
(2) Those packages or packaging components that have been purchased by, delivered to, or are possessed by a retailer on or before twenty-four months following May 21, 1991, to permit opportunity to clear existing inventory of the proscribed packaging material;
(3) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative; or
(4) Those packages and packaging components that would not exceed the maximum contaminant levels set forth in RCW 70A.222.020(1) but for the addition of postconsumer materials; and provided that the exemption for this subsection shall expire six years after May 21, 1991.
[ 2020 c 20 § 1230; 1991 c 319 § 109. Formerly RCW 70.95G.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.222 - Packages Containing Metals and Toxic Chemicals. › 70A.222.040 - Certificate of compliance.

RCW 70A.222.040
Certificate of compliance.
A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this chapter shall be developed by its manufacturer. For food packaging, a manufacturer shall develop a compliance certificate by the date of a prohibition taking effect under RCW 70A.222.070. If compliance is achieved under the exemption or exemptions provided in RCW 70A.222.030, the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturing company. The certificate of compliance shall be kept on file by the manufacturer for as long as the package or packaging component is in use, and for three years from the date of the last sale or distribution by the manufacturer. Certificates of compliance, or copies thereof, shall be furnished to the department of ecology upon request within sixty days. If manufacturers are required under any other state statute to provide a certificate of compliance, one certificate may be developed containing all required information.
If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer shall develop an amended or new certificate of compliance for the reformulated or new package or packaging component.
[ 2020 c 20 § 1231; 2018 c 138 § 3; 1991 c 319 § 110. Formerly RCW 70.95G.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.222 - Packages Containing Metals and Toxic Chemicals. › 70A.222.050 - Certificate of compliance—Public access.

RCW 70A.222.050
Certificate of compliance—Public access.
Requests from a member of the public for any certificate of compliance shall be:
(1) Made in writing to the department of ecology;
(2) Made specific as to package or packaging component information requested; and
(3) Responded to by the department of ecology within ninety days.
[ 1991 c 319 § 111. Formerly RCW 70.95G.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.222 - Packages Containing Metals and Toxic Chemicals. › 70A.222.060 - Prohibition of sale of package.

RCW 70A.222.060
Prohibition of sale of package.
The department of ecology may prohibit the sale of any package for which a manufacturer has failed to respond to a request by the department for a certificate of compliance within the allotted period of time pursuant to RCW 70A.222.040.
[ 2020 c 20 § 1232; 1991 c 319 § 112. Formerly RCW 70.95G.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.224 - Used Oil Recycling. › 70A.224.005 - Finding.

RCW 70A.224.005
Finding.
(1) The legislature finds that:
(a) Millions of gallons of used oil are generated each year in this state, and used oil is a valuable petroleum resource that can be recycled;
(b) The improper collection, transportation, recycling, use, or disposal of used oil contributes to the pollution of air, water, and land, and endangers public health and welfare;
(c) The private sector is a vital resource in the collection and recycling of used oil and should be involved in its collection and recycling whenever practicable.
(2) In light of the harmful consequences of improper disposal and use of used oil, and its value as a resource, the legislature declares that the collection, recycling, and reuse of used oil is in the public interest.
(3) The department, when appropriate, should promote the rerefining of used oil in its grants, public education, regulatory, and other programs.
[ 1991 c 319 § 301. Formerly RCW 70.95I.005.]
NOTES:
Hazardous waste: Chapter 70A.214 RCW.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.224 - Used Oil Recycling. › 70A.224.010 - Definitions.

RCW 70A.224.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Local government" means a city or county developing a local hazardous waste plan under RCW 70A.300.350.
(3) "Lubricating oil" means any oil designed for use in, or maintenance of, a vehicle, including, but not limited to, motor oil, gear oil, and hydraulic oil. "Lubricating oil" does not mean petroleum hydrocarbons with a flash point below one hundred degrees Centigrade.
(4) "Public used oil collection site" means a site where a used oil collection tank has been placed for the purpose of collecting household generated used oil. "Public used oil collection site" also means a vehicle designed or operated to collect used oil from the public.
(5) "Rerefining used oil" means the reclaiming of base lube stock from used oil for use again in the production of lube stock. Rerefining used oil does not mean combustion or landfilling.
(6) "Used oil" means (a) lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; (b) any oil that has been refined from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and (c) any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no longer useful to the original purchaser. "Used oil" does not include used oil to which hazardous wastes have been added.
(7) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, watercourse, or trail, 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, watercourse, or trail, except devices moved by human or animal power.
[ 2020 c 20 § 1233; 1991 c 319 § 302. Formerly RCW 70.95I.010.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.224 - Used Oil Recycling. › 70A.224.020 - Used oil recycling element.

RCW 70A.224.020
Used oil recycling element.
(1) Each local government and its local hazardous waste plan under RCW 70A.300.350 is required to include a used oil recycling element. This element shall include:
(a) A plan to reach the local goals for household used oil recycling established by the local government and the department under RCW 70A.224.030. The plan shall, to the maximum extent possible, incorporate voluntary agreements with the private sector and state agencies to provide sites for the collection of used oil. Where provided, the plan shall also incorporate residential collection of used oil;
(b) A plan for enforcing the sign and container ordinances required by RCW 70A.224.040;
(c) A plan for public education on used oil recycling;
(d) A plan for addressing best management practices as provided for under RCW 70A.224.030; and
(e) An estimate of funding needed to implement the requirements of this chapter. This estimate shall include a budget reserve for disposal of contaminated oil detected at any public used oil collection site administered by the local government.
(2) By July 1, 1993, each local government or combination of contiguous local governments shall submit its used oil recycling element to the department. The department shall approve or disapprove the used oil recycling element by January 1, 1994, or within ninety days of submission, whichever is later. The department shall approve or disapprove the used oil recycling element if it determines that the element is consistent with this chapter and the guidelines developed by the department under RCW 70A.224.030.
(3) Each local government, or combination of contiguous local governments, shall submit an annual statement to the department describing the number of used oil collection sites and the quantity of household used oil recycled for the jurisdiction during the previous calendar year. The first statement shall be due April 1, 1994. Subsequent statements shall be due April 1st of each year.
(4) Nothing in this section shall be construed to require a city or county to construct or operate a public used oil collection site.
[ 2020 c 20 § 1234; 2014 c 173 § 1; 1991 c 319 § 303. Formerly RCW 70.95I.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.224 - Used Oil Recycling. › 70A.224.040 - Oil sellers—Education responsibility—Penalty.

RCW 70A.224.040
Oil sellers—Education responsibility—Penalty.
(1) A person annually selling one thousand or more gallons of lubricating oil to ultimate consumers for use or installation off the premises, or five hundred or more vehicle oil filters to ultimate consumers for use or installation off the premises within a city or county having an approved used oil recycling element, shall:
(a) Post and maintain at or near the point of sale, durable and legible signs informing the public of the importance of used oil recycling and how and where used oil may be properly recycled; and
(b) Provide for sale at or near the display location of the lubricating oil or vehicle oil filters, household used oil recycling containers. The department shall design and print the signs required by this section, and shall make them available to local governments and retail outlets.
(2) A person, who, after notice, violates this section is guilty of a misdemeanor and on conviction is subject to a fine not to exceed one thousand dollars.
(3) The department is responsible for notifying retailers subject to this section.
(4) A city or county may adopt household used oil recycling container standards in order to ensure compatibility with local recycling programs.
(5) Each local government preparing a used oil recycling element of a local hazardous waste plan pursuant to RCW 70A.224.020 shall adopt ordinances within its jurisdiction to enforce subsections (1) and (4) of this section.
[ 2020 c 20 § 1236; 1991 c 319 § 305. Formerly RCW 70.95I.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.224 - Used Oil Recycling. › 70A.224.050 - Statewide education.

RCW 70A.224.050
Statewide education.
The department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil in order to conserve resources and protect the environment. As part of this program, the department shall:
(1) Establish and maintain a statewide list of public used oil collection sites, and a list of all persons coordinating local government used oil programs;
(2) Establish a statewide media campaign describing used oil recycling;
(3) Assist local governments in providing public education and awareness programs concerning used oil by providing technical assistance and education materials; and
(4) Encourage the establishment of voluntary used oil collection and recycling programs, including public-private partnerships, and provide technical assistance to persons organizing such programs.
[ 1991 c 319 § 306. Formerly RCW 70.95I.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.224 - Used Oil Recycling. › 70A.224.060 - Disposal of used oil—Penalty.

RCW 70A.224.060
Disposal of used oil—Penalty.
(1) Effective January 1, 1992, the use of used oil for dust suppression or weed abatement is prohibited.
(2) Effective July 1, 1992, no person may sell or distribute absorbent-based kits, intended for home use, as a means for collecting, recycling, or disposing of used oil.
(3) Effective January 1, 1994, no person may knowingly dispose of used oil except by delivery to a person collecting used oil for recycling, treatment, or disposal, subject to the provisions of this chapter and chapter 70A.300 RCW.
(4) Effective January 1, 1994, no owner or operator of a solid waste landfill may knowingly accept used oil for disposal in the landfill.
(5) A person who violates this section is guilty of a misdemeanor.
[ 2020 c 20 § 1237; 1991 c 319 § 307. Formerly RCW 70.95I.060.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.224 - Used Oil Recycling. › 70A.224.070 - Used oil transporter and processor requirements—Civil penalties.

RCW 70A.224.070
Used oil transporter and processor requirements—Civil penalties.
(1) By January 1, 1993, the department shall adopt rules requiring any transporter of used oil to comply with minimum notification, invoicing, recordkeeping, and reporting requirements. For the purpose of this section, a transporter means a person engaged in the off-site transportation of used oil in quantities greater than twenty-five gallons per day.
(2) By January 1, 1993, the department shall adopt minimum standards for used oil that is blended into fuels. Standards shall, at a minimum, establish testing and recordkeeping requirements. Unless otherwise exempted, a processor is any person involved in the marketing, blending, mixing, or processing of used oil to produce fuel to be burned for energy recovery.
(3) Any person who knowingly transports used oil without meeting the requirements of this section shall be subject to civil penalties under chapter 70A.300 RCW.
(4) Rules developed under this section shall not require a manifest from individual residences served by a waste oil curbside collection program.
[ 2020 c 20 § 1238; 1991 c 319 § 308. Formerly RCW 70.95I.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.224 - Used Oil Recycling. › 70A.224.080 - Above-ground used oil collection tanks.

RCW 70A.224.080
Above-ground used oil collection tanks.
By January 1, 1987, the state fire protection board, in cooperation with the department of ecology, shall develop a statewide standard for the placement of above-ground tanks to collect used oil from private individuals for recycling purposes.
[ 1986 c 37 § 1. Formerly RCW 70.95I.080, 19.114.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.224 - Used Oil Recycling. › 70A.224.900 - Short title.

RCW 70A.224.900
Short title.
This chapter shall be known and may be cited as the used oil recycling act.
[ 1991 c 319 § 310. Formerly RCW 70.95I.901.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.005 - Findings—Municipal sewage sludge as a beneficial commodity.

RCW 70A.226.005
Findings—Municipal sewage sludge as a beneficial commodity.
(1) The legislature finds that:
(a) Municipal sewage sludge is an unavoidable by-product of the wastewater treatment process;
(b) Population increases and technological improvements in wastewater treatment processes will double the amount of sludge generated within the next ten years;
(c) Sludge management is often a financial burden to municipalities and to ratepayers;
(d) Properly managed municipal sewage sludge is a valuable commodity and can be beneficially used in agriculture, silviculture, and in landscapes as a soil conditioner; and
(e) Municipal sewage sludge can contain metals and microorganisms that, under certain circumstances, may pose a risk to public health.
(2) The legislature declares that a program shall be established to manage municipal sewage sludge and that the program shall, to the maximum extent possible, ensure that municipal sewage sludge is reused as a beneficial commodity and is managed in a manner that minimizes risk to public health and the environment.
[ 1992 c 174 § 1. Formerly RCW 70.95J.005.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.007 - Purpose—Federal requirements.

RCW 70A.226.007
Purpose—Federal requirements.
The purpose of this chapter is to provide the department of ecology and local governments with the authority and direction to meet federal regulatory requirements for municipal sewage sludge. The department of ecology may seek delegation and administer the sludge permit program required by the federal clean water act as it existed February 4, 1987.
[ 1992 c 174 § 2. Formerly RCW 70.95J.007.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.010 - Definitions.

RCW 70A.226.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recycled and meets all requirements under this chapter. For the purposes of this chapter, "biosolids" includes septic tank sludge, also known as septage, that can be beneficially recycled and meets all requirements under this chapter.
(2) "Department" means the department of ecology.
(3) "Local health department" has the same meaning as "jurisdictional health department" in RCW 70A.205.015.
(4) "Municipal sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a publicly owned wastewater treatment plant.
[ 2020 c 20 § 1239; 1992 c 174 § 3. Formerly RCW 70.95J.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.020 - Biosolid management program—Transportation of biosolids and sludge.

RCW 70A.226.020
Biosolid management program—Transportation of biosolids and sludge.
(1) The department shall adopt rules to implement a biosolid management program within twelve months of the adoption of federal rules, 40 C.F.R. Sec. 503, relating to technical standards for the use and disposal of sewage sludge. The biosolid management program shall, at a minimum, conform with all applicable federal rules adopted pursuant to the federal clean water act as it existed on February 4, 1987.
(2) In addition to any federal requirements, the state biosolid management program may include, but not be limited to, an education program to provide relevant legal and scientific information to local governments and citizen groups.
(3) Rules adopted by the department under this section shall provide for public input and involvement for all state and local permits.
(4) Materials that have received a permit as a biosolid shall be regulated pursuant to this chapter.
(5) The transportation of biosolids and municipal sewage sludge shall be governed by Title 81 RCW. Certificates issued by the utilities and transportation commission before June 11, 1992, that include or authorize transportation of municipal sewage sludge shall continue in force and effect and be interpreted to include biosolids.
[ 1992 c 174 § 4. Formerly RCW 70.95J.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.030 - Biosolids permits—Fees—Biosolids permit account.

RCW 70A.226.030
Biosolids permits—Fees—Biosolids permit account.
(1) The department shall establish annual fees to collect expenses for issuing and administering biosolids permits under this chapter. An initial fee schedule shall be established by rule and shall be adjusted no more often than once every two years. This fee schedule applies to all permits, regardless of date of issuance, and fees shall be assessed prospectively. Fees shall be established in amounts to recover expenses incurred by the department in processing permit applications and modifications, reviewing related plans and documents, monitoring, evaluating, conducting inspections, overseeing performance of delegated program elements, providing technical assistance and supporting overhead expenses that are directly related to these activities.
(2) The annual fee paid by a permittee for any permit issued under this chapter shall be determined by the number of residences or residential equivalents contributing to the permittee's biosolids management system. If residences or residential equivalents cannot be determined or reasonably estimated, fees shall be based on other appropriate criteria.
(3) The biosolids permit account is created in the state treasury. All receipts from fees under this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of administering permits under this chapter.
(4) The department shall make available on the website information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.
(5) The department shall work with the regulated community and local health departments to study the feasibility of modifying the fee schedule to support delegated local health departments and reduce local health department fees paid by biosolids permittees.
[ 2014 c 76 § 7; 1997 c 398 § 1. Formerly RCW 70.95J.025.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.040 - Beneficial uses for biosolids and glassified sewage sludge.

RCW 70A.226.040
Beneficial uses for biosolids and glassified sewage sludge.
The department may work with all appropriate state agencies, local governments, and private entities to establish beneficial uses for biosolids and glassified sewage sludge.
[ 1992 c 174 § 5. Formerly RCW 70.95J.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.050 - Violations—Orders.

RCW 70A.226.050
Violations—Orders.
If a person violates any provision of this chapter, or a permit issued or rule adopted pursuant to this chapter, the department may issue an appropriate order to assure compliance with the chapter, permit, or rule.
[ 1992 c 174 § 6. Formerly RCW 70.95J.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.060 - Enforcement of chapter.

RCW 70A.226.060
Enforcement of chapter.
The department, with the assistance of the attorney general, may bring an action at law or in equity, including an action for injunctive relief, to enforce this chapter or a permit issued or rule adopted by the department pursuant to this chapter.
[ 1992 c 174 § 7. Formerly RCW 70.95J.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.070 - Violations—Punishment.

RCW 70A.226.070
Violations—Punishment.
A person who willfully violates, without sufficient cause, any of the provisions of this chapter, or a permit or order issued pursuant to this chapter, is guilty of a gross misdemeanor. Willful violation of this chapter, or a permit or order issued pursuant to this chapter is a gross misdemeanor punishable by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment for up to three hundred sixty-four days, or by both. Each day of violation may be deemed a separate violation.
[ 2011 c 96 § 50; 1992 c 174 § 8. Formerly RCW 70.95J.060.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.080 - Violations—Monetary penalty.

RCW 70A.226.080
Violations—Monetary penalty.
In addition to any other penalty provided by law, a person who violates this chapter or rules or orders adopted or issued pursuant to it shall be subject to a penalty in an amount of up to five thousand dollars a day for each violation. Each violation shall be a separate violation. In the case of a continuing violation, each day of violation is a separate violation. An act of commission or omission that procures, aids, or abets in the violation shall be considered a violation under this section.
[ 1992 c 174 § 9. Formerly RCW 70.95J.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.090 - Delegation to local health department—Generally.

RCW 70A.226.090
Delegation to local health department—Generally.
The department may delegate to a local health department the powers necessary to issue and enforce permits to use or dispose of biosolids. A delegation may be withdrawn if the department finds that a local health department is not effectively administering the permit program.
[ 1992 c 174 § 10. Formerly RCW 70.95J.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.226 - Municipal Sewage Sludge—Biosolids. › 70A.226.100 - Delegation to local health department—Review.

RCW 70A.226.100
Delegation to local health department—Review.
(1) Any permit issued by a local health department under RCW 70A.226.090 may be reviewed by the department to ensure that the proposed site or facility conforms with all applicable laws, rules, and standards under this chapter.
(2) If the department does not approve or disapprove a permit within sixty days, the permit shall be considered approved.
(3) A local health department may appeal the department's decision to disapprove a permit to the pollution control hearings board, as provided in chapter 43.21B RCW.
[ 2020 c 20 § 1240; 1992 c 174 § 11. Formerly RCW 70.95J.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.228 - Biomedical Waste. › 70A.228.005 - Findings.

RCW 70A.228.005
Findings.
The legislature finds and declares that:
(1) It is a matter of statewide concern that biomedical waste be handled in a manner that protects the health, safety, and welfare of the public, the environment, and the workers who handle the waste.
(2) Infectious disease transmission has not been identified from improperly disposed biomedical waste, but the potential for such transmission may be present.
(3) A uniform, statewide definition of biomedical waste will simplify compliance with local regulations while preserving local control of biomedical waste management.
[ 1992 c 14 § 1. Formerly RCW 70.95K.005.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.228 - Biomedical Waste. › 70A.228.020 - State definition preempts local definitions.

RCW 70A.228.020
State definition preempts local definitions.
The definition of biomedical waste set forth in RCW 70A.228.010 shall be the sole state definition for biomedical waste within the state, and shall preempt biomedical waste definitions established by a local health department or local government.
[ 2020 c 20 § 1242; 1992 c 14 § 3. Formerly RCW 70.95K.011.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.228 - Biomedical Waste. › 70A.228.030 - Waste treatment technologies.

RCW 70A.228.030
Waste treatment technologies.
(1) At the request of an applicant, the department of health, in consultation with the department of ecology and local health departments, may evaluate the environmental and public health impacts of biomedical waste treatment technologies. The department shall make available the results of any evaluation to local health departments.
(2) All direct costs associated with the evaluation shall be paid by the applicant to the department of health or to a state or local entity designated by the department of health.
(3) For the purposes of this section, "applicant" means any person representing a biomedical waste treatment technology that seeks an evaluation under subsection (1) of this section.
(4) The department of health may adopt rules to implement this section.
[ 1992 c 14 § 4. Formerly RCW 70.95K.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.228 - Biomedical Waste. › 70A.228.040 - Residential sharps—Disposal—Violation.

RCW 70A.228.040
Residential sharps—Disposal—Violation.
(1) A person shall not intentionally place unprotected sharps or a sharps waste container into: (a) Recycling containers provided by a city, county, or solid waste collection company, or any other recycling collection site unless that site is specifically designated by a local health department as a drop-off site for sharps waste containers; or (b) cans, carts, drop boxes, or other containers in which refuse, trash, or solid waste has been placed for collection if a source separated collection service is provided for residential sharps waste.
(2) Local health departments shall enforce this section, primarily through an educational approach regarding proper disposal of residential sharps. On the first and second violation, the health department shall provide a warning to the person that includes information on proper disposal of residential sharps. A subsequent violation shall be a class 3 infraction under chapter 7.80 RCW.
(3) It is not a violation of this section to place a sharps waste container into a household refuse receptacle if the utilities and transportation commission determines that such placement is necessary to reduce the potential for theft of the sharps waste container.
[ 1994 c 165 § 3. Formerly RCW 70.95K.030.]
NOTES:
Effective date—1994 c 165 § 3: "Section 3 of this act shall take effect July 1, 1995." [ 1994 c 165 § 6.]
Findings—Purpose—Intent—1994 c 165: See note following RCW 70A.228.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.228 - Biomedical Waste. › 70A.228.050 - Residential sharps waste collection.

RCW 70A.228.050
Residential sharps waste collection.
(1) A public or private provider of solid waste collection service may provide a program to collect source separated residential sharps waste containers in conjunction with regular collection services.
(2) A company collecting source separated residential sharps waste containers shall notify the public, in writing, on the availability of this service. Notice shall occur at least forty-five days prior to the provision of this service and shall include the following information: (a) How to properly dispose of residential sharps waste; (b) how to obtain sharps waste containers; (c) the cost of the program; (d) options to home collection of sharps waste; and (e) the legal requirements of residential sharps waste disposal.
(3) A company under the jurisdiction of the utilities and transportation commission may provide the service authorized under subsection (1) of this section only under tariff.
The commission may require companies collecting sharps waste containers to implement practices that will protect the containers from theft.
[ 1994 c 165 § 4. Formerly RCW 70.95K.040.]
NOTES:
Findings—Purpose—Intent—1994 c 165: See note following RCW 70A.228.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.228 - Biomedical Waste. › 70A.228.900 - Section headings.

RCW 70A.228.900
Section headings.
Section headings as used in this chapter do not constitute any part of the law.
[ 1992 c 14 § 5. Formerly RCW 70.95K.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.228 - Biomedical Waste. › 70A.228.901 - Effective dates—1992 c 14.

RCW 70A.228.901
Effective dates—1992 c 14.
(1) Sections 2 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 20, 1992].
(2) Section 4 of this act shall take effect October 1, 1992.
[ 1992 c 14 § 7. Formerly RCW 70.95K.920.]