reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.260 - Selling covered electronic products without participating in an approved plan prohibited—Written warning—Penalty—Failure to comply with manufacturer registration requirements.

RCW 70A.500.260
Selling covered electronic products without participating in an approved plan prohibited—Written warning—Penalty—Failure to comply with manufacturer registration requirements.
(1) No manufacturer may sell or offer for sale a covered electronic product in or into the state unless the manufacturer of the covered electronic product is participating in an approved plan. The department shall send a written warning to a manufacturer that does not have an approved plan or is not participating in an approved plan as required under RCW 70A.500.050. The written warning must inform the manufacturer that it must participate in an approved plan within thirty days of the notice. Any violation after the initial written warning shall be assessed a penalty of up to ten thousand dollars for each violation.
(2) If the authority or any authorized party fails to implement their approved plan, the department must assess a penalty of up to five thousand dollars for the first violation along with notification that the authority or authorized party must implement its plan within thirty days of the violation. After thirty days, the authority or any authorized party failing to implement their approved plan must be assessed a penalty of up to ten thousand dollars for the second and each subsequent violation.
(3) Any person that does not comply with manufacturer registration requirements under RCW 70A.500.040, education and outreach requirements under RCW 70A.500.120, reporting requirements under RCW 70A.500.140, labeling requirements under RCW 70A.500.160, retailer responsibility requirements under RCW 70A.500.170, collector or transporter registration requirements under RCW 70A.500.240, or requirements under RCW 70A.500.250, must first receive a written warning including a copy of the requirements under this chapter and thirty days to correct the violation. After thirty days, a person must be assessed a penalty of up to one thousand dollars for the first violation and up to two thousand dollars for the second and each subsequent violation.
(4) All penalties levied under this section must be deposited into the electronic products recycling account created under RCW 70A.500.130.
(5) The department shall enforce this section.
[ 2020 c 20 § 1259; 2006 c 183 § 27. Formerly RCW 70.95N.260.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.280 - Board of directors of the authority.

RCW 70A.500.280
Board of directors of the authority.
(1)(a) The authority is governed by a board of directors. The board of directors is comprised of eleven participating manufacturers, appointed by the director of the department. For program years 2009 through 2015, five board positions are reserved for representatives of the top ten brand owners by return share of covered electronic products, and six board positions are reserved for representatives of other brands, including at least one board position reserved for a manufacturer who is also a retailer selling their own private label. The return share of covered electronic products used to determine the top ten brand owners for purposes of electing the board must be determined by the department by January 1, 2007. For program years 2016 and beyond, five board positions are reserved for representatives of the top ten brand owners by market share of covered electronic products, and six board positions are reserved for representatives of other brands, including at least one board position reserved for a manufacturer who is also a retailer selling its own private label. The market share of covered electronic products used to determine the top ten brand owners for purposes of electing the board must be determined by the department by October 1, 2015.
(b) The board must have representation from both television and computer manufacturers.
(2) The board shall select from its membership the chair of the board and such other officers as it deems appropriate.
(3) A majority of the board constitutes a quorum.
(4) The directors of the department of commerce and the department of ecology serve as ex officio members. The state agency directors serving in ex officio capacity may each designate an employee of their respective departments to act on their behalf in all respects with regard to any matter to come before the authority. Ex officio designations must be made in writing and communicated to the authority director.
(5) The board shall create its own bylaws in accordance with the laws of the state of Washington.
(6) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty after notice and a public hearing, unless the notice and hearing are expressly waived in writing by the affected member.
(7) The members of the board serve without compensation but are entitled to reimbursement, solely from the funds of the authority, for expenses incurred in the discharge of their duties under this chapter.
[ 2013 c 305 § 12; 2008 c 79 § 1; 2006 c 183 § 30. Formerly RCW 70.95N.290.]
NOTES:
Effective date—2013 c 305: See note following RCW 70A.500.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.300 - Authority use of funds.

RCW 70A.500.300
Authority use of funds.
(1) The authority shall use any funds legally available to it for any purpose specifically authorized by this chapter to:
(a) Contract and pay for collecting, transporting, and recycling of covered electronic products and education and other services as identified in the standard plan;
(b) Pay for the expenses of the authority including, but not limited to, salaries, benefits, operating costs and consumable supplies, equipment, office space, and other expenses related to the costs associated with operating the authority;
(c) Pay into the electronic products recycling account amounts billed by the department to the authority for any deficit in reaching the standard plan's equivalent share as required under RCW 70A.500.220; and
(d) Pay the department for the fees for submitting the standard plan and any plan revisions.
(2) If practicable, the authority shall avoid creating new infrastructure already available through private industry in the state.
(3) The authority may not receive an appropriation of state funds, other than:
(a) Funds that may be provided as a one-time loan to cover administrative costs associated with start-up of the authority, such as electing the board of directors and conducting the public hearing for the operating plan, provided that no appropriated funds may be used to pay for collection, transportation, or recycling services; and
(b) Funds received from the department from the electronic products recycling account for exceeding the standard plan's equivalent share.
(4) The authority may receive additional sources of funding that do not obligate the state to secure debt.
(5) All funds collected by the authority under this chapter, including interest, dividends, and other profits, are and must remain under the complete control of the authority and its board of directors, be fully available to achieve the intent of this chapter, and be used for the sole purpose of achieving the intent of this chapter.
[ 2020 c 20 § 1262; 2006 c 183 § 32. Formerly RCW 70.95N.310.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.310 - General operating plan.

RCW 70A.500.310
General operating plan.
(1) The board shall adopt a general operating plan of procedures for the authority. The board shall also adopt operating procedures for collecting funds from participating covered electronic manufacturers and for providing funding for contracted services. These operating procedures must be adopted by resolution prior to the authority operating the applicable programs.
(2) The general operating plan must include, but is not limited to: (a) Appropriate minimum reserve requirements to secure the authority's financial stability; (b) appropriate standards for contracting for services; and (c) standards for service.
(3) The board shall conduct at least one public hearing on the general operating plan prior to its adoption. The authority shall provide and make public a written response to all comments received by the public.
(4) The general operating plan must be adopted by resolution of the board. The board may periodically update the general operating plan as necessary, but must update the plan no less than once every four years. The general operating plan or updated plan must include a report on authority activities conducted since the commencement of authority operation or since the last reported general operating plan, whichever is more recent, including a statement of results achieved under the purposes of this chapter and the general operating plan. Upon adoption, the authority shall conduct its programs in observance of the objectives established in the general operating plan.
[ 2006 c 183 § 33. Formerly RCW 70.95N.320.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.320 - Authority employees—Initial staff support—Authority powers.

RCW 70A.500.320
Authority employees—Initial staff support—Authority powers.
(1) The authority shall employ a chief executive officer, appointed by the board, and a chief financial officer, as well as professional, technical, and support staff, appointed by the chief executive officer, necessary to carry out its duties.
(2) Employees of the authority are not classified employees of the state. Employees of the authority are exempt from state service rules and may receive compensation only from the authority at rates competitive with state service.
(3) The authority may retain its own legal counsel.
(4) The departments of ecology and *community, trade, and economic development shall provide staff to assist in the creation of the authority. If requested by the authority, the departments of ecology and *community, trade, and economic development shall also provide start-up support staff to the authority for its first twelve months of operation, or part thereof, to assist in the quick establishment of the authority. Staff expenses must be paid through funds collected by the authority and must be reimbursed to the departments from the authority's financial resources within the first twenty-four months of operation.
(5) In addition to accomplishing the activities specifically authorized in this chapter, the authority may:
(a) Maintain an office or offices;
(b) Make and execute all manner of contracts, agreements, and instruments and financing documents with public and private parties as the authority deems necessary, useful, or convenient to accomplish its purposes;
(c) Make expenditures as appropriate for paying the administrative costs and expenses of the authority in carrying out the provisions of this chapter;
(d) Give assistance to private and public bodies contracted to provide collection, transportation, and recycling services by providing information, guidelines, forms, and procedures for implementing their programs;
(e) Delegate, through contract, any of its powers and duties if consistent with the purposes of this chapter; and
(f) Exercise any other power the authority deems necessary, useful, or convenient to accomplish its purposes and exercise the powers expressly granted in this chapter.
[ 2006 c 183 § 34. Formerly RCW 70.95N.330.]
NOTES:
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.330 - Federal preemption.

RCW 70A.500.330
Federal preemption.
This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection and recycling of covered electronic products that substantially meets the intent of this chapter, including the creation of a financing mechanism for collection, transportation, and recycling of all covered electronic products from households, small businesses, school districts, small governments, and charities in the United States.
[ 2006 c 183 § 35. Formerly RCW 70.95N.340.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.340 - Entity must be registered as a collector to act as a collector in a plan—Disposition of electronic products received by a registered collector—Recordkeeping requirements—Display of notice—Site visits.

RCW 70A.500.340
Entity must be registered as a collector to act as a collector in a plan—Disposition of electronic products received by a registered collector—Recordkeeping requirements—Display of notice—Site visits.
(1) Only an entity registered as a collector with the department may act as a collector in a plan. All covered electronic products received by a registered collector must be submitted to a plan. Fully functioning computers that are received by a registered collector in working order may be sold or donated as whole products by the collector for reuse. Computers that require repair to make them a fully functioning unit may only be repaired on-site at the collector's place of business by the registered collector for reuse according to its original purpose.
(2) Registered collectors may use whole parts gleaned from collected computers or new parts for making repairs as long as there is a part-for-part exchange with nonfunctioning computers submitted to a plan.
(3) Registered collectors may not include computers that are gleaned for reuse in the weight totals for compensation by the plan.
(4) Registered collectors must maintain a record of computers sold or donated by the collector for a period of three years.
(5) Registered collectors must display a notice at the point of collection that computers received by the collector may be repaired and sold or donated as a fully functioning computer rather than submitted to a processor for recycling.
(6) The authority, authorized party, or the department may conduct site visits of all registered collectors that reuse or refurbish computers and who have an agreement with the authority or authorized party to provide collection services. If the authority or authorized party finds that a collector is not providing services in compliance with this chapter, the authority or authorized party shall report that finding to the department for enforcement action.
[ 2009 c 285 § 1. Formerly RCW 70.95N.350.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.900 - Construction—2006 c 183.

RCW 70A.500.900
Construction—2006 c 183.
This act must be liberally construed to carry out its purposes and objectives.
[ 2006 c 183 § 38. Formerly RCW 70.95N.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.500 - Electronic Product Recycling. › 70A.500.901 - Effective date—2006 c 183.

RCW 70A.500.901
Effective date—2006 c 183.
This act takes effect July 1, 2006.
[ 2006 c 183 § 40. Formerly RCW 70.95N.902.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.010 - Findings—Purpose.

RCW 70A.505.010
Findings—Purpose.
The legislature finds that:
(1) Mercury is an essential component of many energy efficient lights. Improper disposal methods will lead to mercury releases that threaten the environment and harm human health. Spent mercury lighting is a hard to collect waste product that is appropriate for product stewardship;
(2) Convenient and environmentally sound product stewardship programs for mercury-containing lights that include collecting, transporting, and recycling mercury-containing lights will help protect Washington's environment and the health of state residents;
(3) The purpose of chapter 130, Laws of 2010 is to achieve a statewide goal of recycling all end-of-life mercury-containing lights by 2020 through expanded public education, a uniform statewide requirement to recycle all mercury-containing lights, and the development of a comprehensive, safe, and convenient collection system that includes use of residential curbside collection programs, mail-back containers, increased support for household hazardous waste facilities, and a network of additional collection locations;
(4) Product producers must play a significant role in financing no-cost collection and processing programs for mercury-containing lights; and
(5) Providers of premium collection services such as residential curbside and mail-back programs may charge a fee to cover the collection costs for these more convenient forms of collection.
[ 2010 c 130 § 1. Formerly RCW 70.275.010.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.060 - Collection and management of mercury.

RCW 70A.505.060
Collection and management of mercury.
(1) All mercury-containing lights collected in the state by product stewardship programs or other collection programs must be recycled and any process residuals must be managed in compliance with applicable laws.
(2) Mercury recovered from retorting must be recycled or placed in a properly permitted hazardous waste landfill, or placed in a properly permitted mercury repository.
[ 2010 c 130 § 6. Formerly RCW 70.275.060.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.070 - Collectors of unwanted mercury-containing lights—Duties.

RCW 70A.505.070
Collectors of unwanted mercury-containing lights—Duties.
(1) Except for persons involved in registered mail-back programs, a person who collects unwanted mercury-containing lights in the state, receives funding through a product stewardship program for mercury-containing lights, and who is not a generator of unwanted mercury-containing lights must:
(a) Register with the department as a collector of unwanted mercury-containing lights. Until the department adopts rules for collectors, the collector must provide to the department the legal name of the person or entity owning and operating the collection location, the address and phone number of the collection location, and the name, address, and phone number of the individual responsible for operating the collection location and update any changes in this information within thirty days of the change;
(b) Maintain a spill and release response plan at the collection location that describes the materials, equipment, and procedures that will be used to respond to any mercury release from an unwanted mercury-containing light;
(c) Maintain a worker safety plan at the collection location that describes the handling of the unwanted mercury-containing lights at the collection location and measures that will be taken to protect worker health and safety; and
(d) Use packaging and shipping material that will minimize the release of mercury into the environment and minimize breakage and use mercury vapor barrier packaging if mercury-containing lights are transported by the United States postal service or a common carrier.
(2) A person who operates a curbside collection program or owns or operates a mail-back business participating in a product stewardship program for mercury-containing lights and uses the United States postal service or a common carrier for transport must register with the department and use mercury vapor barrier packaging for curbside collection and mail-back containers.
[ 2010 c 130 § 7. Formerly RCW 70.275.070.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.080 - Requirement to recycle end-of-life mercury-containing lights.

RCW 70A.505.080
Requirement to recycle end-of-life mercury-containing lights. (Recodified as RCW 70A.230.150, effective July 1, 2026, subject to the contingency in 2014 c 119 § 10.)
Effective January 1, 2013:
(1) All persons, residents, government, commercial, industrial, and retail facilities and office buildings must recycle their end-of-life mercury-containing lights.
(2) No mercury-containing lights may knowingly be placed in waste containers for disposal at incinerators, waste to energy facilities, or landfills.
(3) No mercury-containing lights may knowingly be placed in a container for mixed recyclables unless there is a separate location or compartment for the mercury-containing lights that complies with local government collection standards or guidelines.
(4) No owner or operator of a solid waste facility may be found in violation of this section if the facility has posted in a conspicuous location a sign stating that mercury-containing lights must be recycled and are not accepted for disposal.
(5) No solid waste collector may be found in violation of this section for mercury-containing lights placed in a disposal container by the generator of the mercury-containing light.
[ 2010 c 130 § 8. Formerly RCW 70.275.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.090 - Producers must participate in an approved product stewardship program.

RCW 70A.505.090
Producers must participate in an approved product stewardship program.
As of January 1, 2013, no producer, wholesaler, retailer, electric utility, or other person may distribute, sell, or offer for sale mercury-containing lights for residential use to any person in this state unless the producer is participating in a product stewardship program under a plan approved by the department.
[ 2010 c 130 § 9. Formerly RCW 70.275.090.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.100 - Written warning—Penalty—Appeal.

RCW 70A.505.100
Written warning—Penalty—Appeal.
(1) The department shall send a written warning and a copy of this chapter and any rules adopted to implement this chapter to a producer who is not participating in a product stewardship program approved by the department and whose mercury-containing lights are being sold in or into the state.
(2) A producer not participating in a product stewardship program approved by the department whose mercury-containing lights continue to be sold in or into the state sixty days after receiving a written warning from the department shall be assessed a penalty of up to one thousand dollars for each violation. A violation is one day of sales.
(3) If any producer fails to implement its approved plan, the department shall assess a penalty of up to five thousand dollars for the first violation along with notification that the producer must implement its plan within thirty days of the violation. After thirty days, any producer failing to implement their approved plan must be assessed a penalty of up to ten thousand dollars for the second and each subsequent violation. A subsequent violation occurs each thirty-day period that the producer fails to implement the approved plan.
(4) The department shall send a written warning to a producer that fails to submit a product stewardship plan, update or change the plan when required, or submit an annual report as required under this chapter. The written warning must include compliance requirements and notification that the requirements must be met within sixty days. If requirements are not met within sixty days, the producer will be assessed a ten thousand dollar penalty per day of noncompliance starting with the first day of notice of noncompliance.
(5) Penalties prescribed under this section must be reduced by fifty percent if the producer complies within thirty days of the second violation notice.
(6) A producer may appeal penalties prescribed under this section to the pollution control hearings board created under chapter 43.21B RCW.
[ 2010 c 130 § 10. Formerly RCW 70.275.100.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.110 - Department's website to list producers participating in product stewardship plan—Required participation in a product stewardship plan—Written warning—Penalty—Rules—Exemptions.

RCW 70A.505.110
Department's website to list producers participating in product stewardship plan—Required participation in a product stewardship plan—Written warning—Penalty—Rules—Exemptions.
(1) The department shall provide on its website a list of all producers participating in a product stewardship plan that the department has approved and a list of all producers the department has identified as noncompliant with this chapter and any rules adopted to implement this chapter.
(2) Product wholesalers, retailers, distributors, and electric utilities must check the department's website or producer-provided written verification to determine if producers of products they are selling in or into the state are in compliance with this chapter.
(3) No one may distribute or sell mercury-containing lights in or into the state from producers who are not participating in a product stewardship program or who are not in compliance with this chapter and rules adopted under this chapter.
(4) The department shall serve, or send with delivery confirmation, a written warning explaining the violation to any person known to be distributing or selling mercury-containing lights in or into the state from producers who are not participating in a product stewardship program or who are not in compliance with this chapter and rules adopted under this chapter.
(5) Any person who continues to distribute or sell mercury-containing lights from a producer that is not participating in an approved product stewardship program sixty days after receiving a written warning from the department may be assessed a penalty two times the value of the products sold in violation of this chapter or five hundred dollars, whichever is greater. The penalty must be waived if the person verifies that the person has discontinued distribution or sales of mercury-containing lights within thirty days of the date the penalty is assessed. A retailer may appeal penalties to the pollution control hearings board.
(6) The department shall adopt rules to implement this section.
(7) A sale or purchase of mercury-containing lights as a casual or isolated sale as defined in RCW 82.04.040 is not subject to the provisions of this section.
(8) A person primarily engaged in the business of reuse and resale of a used mercury-containing light is not subject to the provisions of this section when selling used working mercury-containing lights, for use in the same manner and purpose for which it was originally purchased.
(9) In-state distributors, wholesalers, and retailers in possession of mercury-containing lights on the date that restrictions on the sale of the product become effective may exhaust their existing stock through sales to the public.
[ 2010 c 130 § 11. Formerly RCW 70.275.110.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.120 - Product stewardship programs account—Refund of fees.

RCW 70A.505.120
Product stewardship programs account—Refund of fees.
The product stewardship programs account is created in the custody of the state treasurer. All funds received from producers under this chapter and penalties collected under this chapter must be deposited in the account. Expenditures from the account may be used only for administering this chapter. The department may not retain fees in excess of the estimated amount necessary to cover the agency's administrative costs over the coming year related to the mercury light stewardship program under this chapter. Beginning with the state fiscal year 2018, by October 1st after the closing of each state fiscal year, the department shall refund any fees collected in excess of its estimated administrative costs to any approved stewardship organization under this chapter. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2017 c 254 § 3; 2010 c 130 § 13. Formerly RCW 70.275.130.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.140 - Application of chapter to the Washington utilities and transportation commission.

RCW 70A.505.140
Application of chapter to the Washington utilities and transportation commission.
Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide such service itself or by contract under RCW 81.77.020.
[ 2010 c 130 § 15. Formerly RCW 70.275.150.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.150 - Application of chapter to entities regulated under chapter 70A.300 RCW.

RCW 70A.505.150
Application of chapter to entities regulated under chapter 70A.300 RCW.
Nothing in this chapter changes the requirements of any entity regulated under chapter 70A.300 RCW to comply with the requirements under that chapter.
[ 2020 c 20 § 1418; 2010 c 130 § 16. Formerly RCW 70.275.160.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.160 - Immunity from antitrust liability.

RCW 70A.505.160
Immunity from antitrust liability.
(1) It is the intent of the legislature that a producer, group of producers, stewardship organization preparing, submitting, and implementing a mercury-containing light product stewardship program pursuant to this chapter, as well as participating entities in the distribution chain, including retailers and distributors, are granted immunity, individually and jointly, from federal and state antitrust liability that might otherwise apply to the activities reasonably necessary for implementation and compliance with this chapter. It is further the intent of the legislature that the activities of the producer, group of producers, stewardship organization, and entities in the distribution chain, including retailers and distributors, in implementing and complying with the provisions of this chapter may not be considered to be in restraint of trade, a conspiracy, or combination thereof, or any other unlawful activity in violation of any provisions of federal or state antitrust laws.
(2) The department shall actively supervise the conduct of the stewardship organization, the producers of mercury-containing lights, and entities in the distribution chain in determination and implementation of the environmental handling charge authorized by this chapter.
[ 2014 c 119 § 6. Formerly RCW 70.275.170.]
NOTES:
Sunset Act application: See note following chapter digest.
Finding—2014 c 119: See note following RCW 70A.505.020.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.900 - Chapter liberally construed.

RCW 70A.505.900
Chapter liberally construed.
This chapter must be liberally construed to carry out its purposes and objectives.
[ 2010 c 130 § 17. Formerly RCW 70.275.900.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal. › 70A.505.901 - Severability—2010 c 130.

RCW 70A.505.901
Severability—2010 c 130.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 2010 c 130 § 21. Formerly RCW 70.275.901.]
NOTES:
Sunset Act application: See note following chapter digest.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.515 - Architectural Paint Stewardship Program. › 70A.515.030 - Paint stewardship plan.

RCW 70A.515.030
Paint stewardship plan.
(1) All producers of architectural paint selling in or into the state of Washington shall participate in an approved Washington state paint stewardship plan for covered entities through membership in and appropriate funding of a stewardship organization.
(2) Producers not participating in a stewardship plan may not sell architectural paint in or into Washington state.
(3) Paint retailers are prohibited from selling architectural paint manufactured or distributed by a producer not in compliance with this chapter.
[ 2019 c 344 § 3. Formerly RCW 70.375.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.515 - Architectural Paint Stewardship Program. › 70A.515.050 - Paint stewardship program plan—Collection site procedural manual—Educational and informational materials—Annual administrative fee.

RCW 70A.515.050
Paint stewardship program plan—Collection site procedural manual—Educational and informational materials—Annual administrative fee.
(1) Each stewardship organization shall submit a paint stewardship program plan in accordance with RCW 70A.515.040.
(2) Each stewardship organization shall develop and distribute a collection site procedural manual to collection sites to help ensure proper management of architectural paints at collection locations.
(3) A stewardship organization shall implement the paint stewardship program plan by November 30, 2020, or within six months after approval of a paint stewardship program plan under RCW 70A.515.040, whichever is later.
(4) A stewardship organization shall submit an annual report by October 15, 2020, or a later date agreed to by the department, structured to be used as a basis for annual plan review by the department. The report must be based on the requirements outlined in RCW 70A.515.080.
(5) A stewardship organization shall work with producers, distributors, paint retailers, and local governments to provide consumers with educational and informational materials describing collection opportunities for leftover paint statewide and promotion of waste prevention, reuse, and recycling of leftover paint.
(6) A stewardship organization shall pay an annual administrative fee, described in RCW 70A.515.060, in an amount sufficient to cover only the department's cost of administering and enforcing a paint stewardship program established under this chapter.
[ 2020 c 20 § 1460; 2019 c 344 § 5. Formerly RCW 70.375.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.515 - Architectural Paint Stewardship Program. › 70A.515.070 - Required participation in an approved stewardship plan—Information regarding available end-of-life paint management options.

RCW 70A.515.070
Required participation in an approved stewardship plan—Information regarding available end-of-life paint management options.
(1) A producer or paint retailer may not sell or offer for sale to any person in the state architectural paint unless the producer or brand of architectural paint is participating in an approved stewardship plan under this chapter. A retailer complies with the requirements of this section if, on the date the architectural paint was ordered from the producer or its agent, the producer of the paint was listed on the department's website as a producer participating in an approved paint stewardship program plan. However, a retailer may sell any paint purchased prior to July 28, 2019.
(2) A distributor or a paint retailer that distributes or sells architectural paint shall monitor the department's website to determine if the sale of a producer's architectural paint is in compliance with this chapter.
(3) At the time of sale to a consumer, a producer, a stewardship organization, or a paint retailer selling or offering architectural paint for sale in Washington shall provide the consumer with information regarding available end-of-life management options for leftover architectural paint collected through a paint stewardship program.
(4) Neither a paint retailer, nor any other retailer, is required to serve as a leftover paint collection facility.
(5) No fee may be charged at the time of delivery of leftover paint to a collection site.
[ 2019 c 344 § 7. Formerly RCW 70.375.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.515 - Architectural Paint Stewardship Program. › 70A.515.090 - Immunity from certain state laws.

RCW 70A.515.090
Immunity from certain state laws.
Producers or stewardship organizations acting on behalf of producers that prepare, submit, and implement a paint stewardship program plan pursuant to RCW 70A.515.040 and thereby are subject to regulation by the department are granted immunity from state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade and commerce, for the limited purpose of planning, reporting, and operating a paint stewardship program and proposing and establishing the architectural paint stewardship assessment required in RCW 70A.515.040(1) (c) and (d).
[ 2020 c 20 § 1463; 2019 c 344 § 9. Formerly RCW 70.375.090.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.515 - Architectural Paint Stewardship Program. › 70A.515.100 - Paint product stewardship account.

RCW 70A.515.100
Paint product stewardship account.
The paint product stewardship account is created in the state treasury. All receipts received by the department from stewardship organizations must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department only for administering and enforcing paint stewardship programs.
[ 2019 c 344 § 10. Formerly RCW 70.375.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.515 - Architectural Paint Stewardship Program. › 70A.515.110 - Chapter void if federal law establishes a national program.

RCW 70A.515.110
Chapter void if federal law establishes a national program.
This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection and recycling of architectural paint that substantially meets the intent of this chapter, including the creation of a funding mechanism for collection, transportation, recycling, and proper disposal of all architectural paint in the United States.
[ 2019 c 344 § 11. Formerly RCW 70.375.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.515 - Architectural Paint Stewardship Program. › 70A.515.120 - Authority of utilities and transportation commission.

RCW 70A.515.120
Authority of utilities and transportation commission.
Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide the service itself or by contract under RCW 81.77.020.
[ 2019 c 344 § 12. Formerly RCW 70.375.120.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.515 - Architectural Paint Stewardship Program. › 70A.515.130 - Protection of certain records from public inspection.

RCW 70A.515.130
Protection of certain records from public inspection.
(1) Except as provided in subsection (3) of this section, records, subject to chapter 42.56 RCW, filed with the department from any person that contain valuable commercial information, including trade secrets, confidential marketing, cost, or financial information, or customer-specific usage information, are not subject to inspection or copying under chapter 42.56 RCW. When providing information to the department, a person shall designate which records or portions of records contain valuable commercial information.
(2) Upon receipt of a request to disclose valuable commercial information submitted under this chapter, the department must provide notice to the person or persons whose information is subject to possible inspection or copying under chapter 42.56 RCW.
(3) Upon the notice provided under subsection (2) of this section of the possible inspection or copying of valuable commercial information pursuant to chapter 42.56 RCW, a person may petition the superior court for an order protecting the records as confidential. The superior court must determine that the records are confidential and are not subject to inspection or copying if disclosure would result in private loss, including an unfair competitive disadvantage. If a person does not obtain an order protecting submitted records as confidential within ten days of receiving a notice from the department under subsection (2) of this section, the department may make the records available for public inspection and copying pursuant to chapter 42.56 RCW.
[ 2019 c 344 § 13. Formerly RCW 70.375.130.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.520 - Plastic Packaging—Evaluation and Assessment. › 70A.520.010 - Findings—Intent.

RCW 70A.520.010
Findings—Intent. (Expires July 1, 2029.)
(1) The legislature finds that:
(a) Convenient and environmentally sound product stewardship programs that include collecting, transporting, and reuse, recycling, or the proper end-of-life management of unwanted products help protect Washington's environment and the health of state residents;
(b) Unwanted products should be managed where priority is placed on prevention, waste reduction, source reduction, recycling, and reuse over energy recovery and landfill disposal; and
(c) Producers of plastic packaging should consider the design and management of their packaging in a manner that ensures minimal environmental impact. Producers of plastic packaging should be involved from design concept to end-of-life management to incentivize innovation and research to minimize environmental impacts.
(2) Additionally, the legislature finds that, through design and innovation, industry should strive to achieve the goals of recycling one hundred percent of packaging, using at least twenty percent postconsumer recycled content in packaging, and reducing plastic packaging when possible to optimize the use to meet the need.
(3) The legislature intends that the department, through a consultative process with industry and consumer interest, develop options to reduce plastic packaging in the waste stream for implementation by January 1, 2022.
[ 2019 c 460 § 1. Formerly RCW 70.380.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.520 - Plastic Packaging—Evaluation and Assessment. › 70A.520.020 - Definitions.

RCW 70A.520.020
Definitions. (Expires July 1, 2029.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Brand" means a name, symbol, word, or mark that identifies a product, rather than its components, and attributes the covered product to the owner of the brand as the producer.
(2) "Department" means the department of ecology.
(3) "Producer" means a person who has legal ownership of the brand, brand name, or cobrand of plastic packaging sold in or into Washington state.
(4) "Recycling" has the same meaning as defined in RCW 70A.205.015.
(5) "Stakeholder" means a person who may have an interest in or be affected by the management of plastic packaging.
[ 2020 c 20 § 1464; 2019 c 460 § 2. Formerly RCW 70.380.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.520 - Plastic Packaging—Evaluation and Assessment. › 70A.520.900 - Expiration date.

RCW 70A.520.900
Expiration date.
This chapter expires July 1, 2029.
[ 2019 c 460 § 4. Formerly RCW 70.380.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.525 - Disposable Wipes Products—Labeling Standards. › 70A.525.005 - Finding.

RCW 70A.525.005
Finding.
The legislature finds that creating labeling standards for disposable wipes products will protect public health, the environment, water quality, and public infrastructure used for the collection, transport, and treatment of wastewater. It is not the intent of the legislature to address standards for flushability with this chapter.
[ 2020 c 121 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.525 - Disposable Wipes Products—Labeling Standards. › 70A.525.010 - Definitions.

RCW 70A.525.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Covered entity" means a manufacturer of a covered product and a wholesaler, supplier, or retailer that has contractually undertaken responsibility to the manufacturer for the "do not flush" labeling of a covered product.
(2) "Covered product" means a nonflushable nonwoven disposable wipe that is a premoistened wipe constructed from nonwoven sheets and designed and marketed for diapering, personal hygiene, or household hard surface cleaning purposes. A nonflushable nonwoven disposable wipe excludes any wipe product designed or marketed for cleaning or medicating the anorectal or vaginal areas on the human body and labeled "flushable," "sewer safe," "septic safe," or otherwise indicating that the product is appropriate for disposal in a toilet including, but not limited to, premoistened toilet tissue.
(3) "Label" means to represent by statement, word, picture, design, or emblem on a covered product package.
(4) "Principal display panel" means the side of a product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale. The term is further defined as follows:
(a) In the case of a cylindrical or nearly cylindrical package, the surface area of the principal display panel constitutes forty percent of the product package, as measured by multiplying the height of the container times the circumference.
(b) In the case of a flexible film package, in which a rectangular prism or nearly rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel constitutes the length times the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.
[ 2020 c 121 § 2.]