reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.020 - Fluorescent lamps—Labeling requirements.

RCW 70A.230.020
Fluorescent lamps—Labeling requirements.
(1) Effective January 1, 2004, a manufacturer, wholesaler, or retailer may not knowingly sell at retail a fluorescent lamp if the fluorescent lamp contains mercury and was manufactured after November 30, 2003, unless the fluorescent lamp is labeled in accordance with the guidelines listed under subsection (2) of this section. Primary responsibility for affixing labels required under this section is on the manufacturer, and not on the wholesaler or retailer.
(2) Except as provided in subsection (3) of this section, a lamp is considered labeled pursuant to subsection (1) of this section if the lamp has all of the following:
(a) A label affixed to the lamp that displays the internationally recognized symbol for the element mercury; and
(b) A label on the lamp's packaging that: (i) Clearly informs the purchaser that mercury is present in the item; (ii) explains that the fluorescent lamp should be disposed of according to applicable federal, state, and local laws; and (iii) provides a toll-free telephone number, and a uniform resource locator internet address to a website, that contains information on applicable disposal laws.
(3) The manufacturer of a mercury-added lamp is in compliance with the requirements of this section if the manufacturer is in compliance with the labeling requirements of another state.
(4) The provisions of this section do not apply to products containing mercury-added lamps.
[ 2003 c 260 § 3. Formerly RCW 70.95M.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.030 - Mercury disposal education plan.

RCW 70A.230.030
Mercury disposal education plan.
The department of health must develop an educational plan for schools, local governments, businesses, and the public on the proper disposal methods for mercury and mercury-added products.
[ 2003 c 260 § 4. Formerly RCW 70.95M.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.040 - Schools—Purchase of mercury prohibited.

RCW 70A.230.040
Schools—Purchase of mercury prohibited.
A school may not purchase for use in a primary or secondary classroom bulk elemental mercury or chemical mercury compounds. By January 1, 2006, all primary and secondary schools in the state must remove and properly dispose of all bulk elemental mercury, chemical mercury, and bulk mercury compounds used as teaching aids in science classrooms, not including barometers.
[ 2003 c 260 § 5. Formerly RCW 70.95M.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.060 - Rules—Product preference.

RCW 70A.230.060
Rules—Product preference.
(1) The *department of general administration must, by January 1, 2005, revise its rules, policies, and guidelines to implement the purpose of this chapter.
(2) The department of enterprise services must give priority and preference to the purchase of equipment, supplies, and other products that contain no mercury-added compounds or components, unless: (a) There is no economically feasible nonmercury-added alternative that performs a similar function; or (b) the product containing mercury is designed to reduce electricity consumption by at least forty percent and there is no nonmercury or lower mercury alternative available that saves the same or a greater amount of electricity as the exempted product. In circumstances where a nonmercury-added product is not available, preference must be given to the purchase of products that contain the least amount of mercury added to the product necessary for the required performance.
[ 2015 c 225 § 109; 2003 c 260 § 7. Formerly RCW 70.95M.060.]
NOTES:
*Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 § 107.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.070 - Clearinghouse—Department participation.

RCW 70A.230.070
Clearinghouse—Department participation.
The department is authorized to participate in a regional or multistate clearinghouse to assist in carrying out any of the requirements of this chapter. A clearinghouse may also be used for examining notification and label requirements, developing education and outreach activities, and maintaining a list of all mercury-added products.
[ 2003 c 260 § 8. Formerly RCW 70.95M.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.080 - Penalties.

RCW 70A.230.080
Penalties.
A violation of this chapter is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 § 1245; 2019 c 422 § 405; 2003 c 260 § 9. Formerly RCW 70.95M.080.]
NOTES:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.090 - Crematories—Nonapplicability of chapter.

RCW 70A.230.090
Crematories—Nonapplicability of chapter.
Nothing in this chapter applies to crematories as defined in RCW 68.04.070, alkaline hydrolysis, or natural organic reduction facilities as defined in RCW 68.04.320.
[ 2019 c 432 § 33; 2003 c 260 § 10. Formerly RCW 70.95M.090.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.100 - Prescription drugs and devices, biological products, over-the-counter items—Nonapplicability of chapter.

RCW 70A.230.100
Prescription drugs and devices, biological products, over-the-counter items—Nonapplicability of chapter.
Nothing in this chapter applies to prescription drugs and devices regulated by the food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), to biological products regulated by the food and drug administration under the public health service act (42 U.S.C. Sec. 262 et seq.), or to any substance that may be lawfully sold over-the-counter without a prescription under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).
[ 2012 c 119 § 3; 2003 c 260 § 12. Formerly RCW 70.95M.100.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.110 - Medical equipment, research tests—Nonapplicability of chapter.

RCW 70A.230.110
Medical equipment, research tests—Nonapplicability of chapter.
Nothing in RCW 70A.230.020, 70A.230.050 (1), (3), or (4), or 70A.230.060 applies to medical equipment or reagents used in medical or research tests regulated by the food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).
[ 2020 c 20 § 1246; 2003 c 260 § 13. Formerly RCW 70.95M.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.130 - Fiscal impact—Model toxics control operating account.

RCW 70A.230.130
Fiscal impact—Model toxics control operating account.
Any fiscal impact on the department or the department of health that results from the implementation of this chapter must be paid for out of funds that are appropriated by the legislature from the model toxics control operating account for the implementation of the department's persistent bioaccumulative toxic chemical strategy.
[ 2019 c 422 § 406; 2003 c 260 § 11. Formerly RCW 70.95M.120.]
NOTES:
Effective date—Intent—2019 c 422: See notes following RCW 82.21.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.140 - National mercury repository site.

RCW 70A.230.140
National mercury repository site.
The department of ecology shall petition the United States environmental protection agency requesting development of a national mercury repository site.
[ 2003 c 260 § 14. Formerly RCW 70.95M.130.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.230 - Mercury. › 70A.230.150 - Requirement to recycle end-of-life mercury-containing lights.

RCW 70A.230.150
Requirement to recycle end-of-life mercury-containing lights. (Effective July 1, 2026, subject to the recodification 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 70.95M.140, 70.275.080.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.235 - Beverage Containers. › 70A.235.010 - Legislative findings.

RCW 70A.235.010
Legislative findings.
The legislature finds that beverage containers designed to be opened through the use of detachable metal rings or tabs are hazardous to the health and welfare of the citizens of this state and detrimental to certain wildlife. The detachable parts are susceptible to ingestion by human beings and wildlife. The legislature intends to eliminate the danger posed by these unnecessary containers by prohibiting their retail sale in this state.
[ 1982 c 113 § 1. Formerly RCW 70.132.010.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.235 - Beverage Containers. › 70A.235.020 - Definitions.

RCW 70A.235.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Beverage" means beer or other malt beverage or mineral water, soda water, or other drink in liquid form and intended for human consumption. The term does not include milk-based, soy-based, or similar products requiring heat and pressure in the canning process.
(2) "Beverage container" means a separate and sealed can containing a beverage.
(3) "Department" means the department of ecology created under chapter 43.21A RCW.
[ 1983 c 257 § 1; 1982 c 113 § 2. Formerly RCW 70.132.020.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.235 - Beverage Containers. › 70A.235.030 - Sale of containers with detachable metal rings or tabs prohibited.

RCW 70A.235.030
Sale of containers with detachable metal rings or tabs prohibited.
No person may sell or offer to sell at retail in this state any beverage container so designed and constructed that a metal part of the container is detachable in opening the container through use of a metal ring or tab. Nothing in this section prohibits the sale of a beverage container which container's only detachable part is a piece of pressure sensitive or metallic tape.
[ 1982 c 113 § 3. Formerly RCW 70.132.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.235 - Beverage Containers. › 70A.235.040 - Enforcement—Rules.

RCW 70A.235.040
Enforcement—Rules.
The department shall administer and enforce this chapter. The department shall adopt rules interpreting and implementing this chapter. Any rule adopted under this section shall be adopted under the administrative procedure act, chapter 34.05 RCW.
[ 1982 c 113 § 4. Formerly RCW 70.132.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.235 - Beverage Containers. › 70A.235.050 - Penalty.

RCW 70A.235.050
Penalty.
Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, any person who violates any provision of this chapter or any rule adopted under this chapter is subject to a civil penalty not exceeding five hundred dollars for each violation. Each day of a continuing violation is a separate violation.
[ 1995 c 403 § 632; 1982 c 113 § 5. Formerly RCW 70.132.050.]
NOTES:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.235 - Beverage Containers. › 70A.235.900 - Effective date—Implementation—1982 c 113.

RCW 70A.235.900
Effective date—Implementation—1982 c 113.
This act shall take effect on July 1, 1983. The director of the department of ecology is authorized to take such steps prior to such date as are necessary to ensure that this act is implemented on its effective date.
[ 1982 c 113 § 7. Formerly RCW 70.132.900.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.240 - Recycling Development Center. › 70A.240.010 - Findings.

RCW 70A.240.010
Findings.
(1) The legislature finds that:
(a) Recycling reduces greenhouse gas emissions, conserves energy and landfill space, provides jobs and valuable feedstock materials to industry, promotes health, and protects the environment;
(b) Washington has long been a leader in sound management of recyclable materials and solid waste;
(c) Waste import restrictions worldwide are having huge implications for state and local recycling programs and operations in Washington state, requiring immediate action by the legislature;
(d) In order to maintain our leadership in recycling and create regional domestic markets, Washington must be innovative and implement best practices for recycling and waste reduction;
(e) Washington's environment and economy will benefit from expanding the number of industries that process recycled materials and use recycled feedstocks in their manufacturing;
(f) Washington recognizes the value of manufacturing incentives to encourage recycling industries to locate and operate in Washington and provide manufacturer incentives to improve the recyclability of their products;
(g) Many local governments and private entities cumulatively affect, and are affected by, the market for recycled commodities but have limited jurisdiction and cannot adequately address the problems of market development that are complex, wide-ranging, and regional in nature;
(h) A sustainable recycling system is one that is economically sustainable, in addition to environmentally sustainable;
(i) The private sector has the greatest capacity for creating and expanding markets for recycled commodities and the development of private markets for recycled commodities is in the public interest; and
(j) Washington must create a center to facilitate business assistance, provide basic and applied research and development, as well as policy analysis, to further the development of domestic processing and markets for recycled commodities.
(2) Therefore, it is the policy of the state to create the recycling development center to research, incentivize, and develop new markets and expand existing markets for recycled commodities and recycling facilities.
[ 2019 c 166 § 1. Formerly RCW 70.370.010.]
NOTES:
Effective date—2019 c 166: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [ 2019 c 166 § 10.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.240 - Recycling Development Center. › 70A.240.020 - Definitions.

RCW 70A.240.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Center" means recycling development center.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of ecology.
(4) "Local government" means a city, town, or county.
(5) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan.
(6) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.
(7) "Secondary materials" means any materials that are not the primary products from manufacturing and other industrial sectors. These materials may include scrap and residuals from production processes and products that have been recovered at the end of their useful life.
(8) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
[ 2019 c 166 § 2. Formerly RCW 70.370.020.]
NOTES:
Effective date—2019 c 166: See note following RCW 70A.240.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.240 - Recycling Development Center. › 70A.240.040 - Advisory board—Duties—Membership.

RCW 70A.240.040
Advisory board—Duties—Membership.
(1) The center's activities must be guided by an advisory board.
(2) The duties of the advisory board are to:
(a) Provide advice and guidance on the annual work plan of the center; and
(b) Evaluate, analyze, and make recommendations on state policies that may affect markets for recyclable materials to the director and the department of commerce.
(3) Except as otherwise provided, advisory board members must be appointed by the director in consultation with the department of commerce as follows:
(a) One member to represent cities;
(b) One member appointed by the Washington association of county solid waste managers to represent counties east of the crest of the Cascade mountains;
(c) One member appointed by the Washington association of county solid waste managers to represent counties west of the crest of the Cascade mountains;
(d) One member to represent public interest groups;
(e) Three members from universities or state and federal research institutions;
(f) Up to seven private sector members to represent all aspects of the recycling materials system, including but not limited to manufacturing and packaging, solid waste management, and at least one not-for-profit organization familiar with innovative recycling solutions that are being used internationally in Scandinavia, China, and other countries;
(g) The chair of the utilities and transportation commission or the chair's designee as a nonvoting member; and
(h) Nonvoting, temporary appointments to the board may be made by the chair of the advisory board where specific expertise is needed.
(4) The initial appointments of the seven private sector members are as follows: Three members with three-year terms and four members with two-year terms. Thereafter, members serve two-year renewable terms.
(5) The advisory board must meet at least quarterly.
(6) The chair of the advisory board must be elected from among the members by a simple majority vote.
(7) The advisory board may adopt bylaws and a charter for the operation of its business for the purposes of this chapter.
(8) The department shall provide staff support to the advisory board.
[ 2019 c 166 § 4. Formerly RCW 70.370.040.]
NOTES:
Effective date—2019 c 166: See note following RCW 70A.240.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.245 - Recycling, Waste, and Litter Reduction. › 70A.245.030 - Producer reporting requirements.

RCW 70A.245.030
Producer reporting requirements.
(1)(a) Except as provided in (b) and (c) of this subsection, beginning April 1, 2024, each producer of covered products, individually or through a third party representing a group of producers, must provide an annual report to the department that includes the amount in pounds of virgin plastic and the amount in pounds of postconsumer recycled content by resin type used for each category of covered products that are sold, offered for sale, or distributed in or into Washington state, including the total postconsumer recycled content resins as a percentage of total weight. The report must be submitted in a format and manner prescribed by the department. A manufacturer may submit national data allocated on a per capita basis for Washington to approximate the information required in this subsection if the producer or third-party representative demonstrates to the department that state level data are not available or feasible to generate.
(b) The requirements of (a) of this subsection apply to household cleaning and personal care products in plastic containers beginning April 1, 2026.
(c) The requirements of (a) of this subsection apply to wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers beginning April 1, 2029.
(d) The department must post the information reported under this subsection on its website, except as provided in subsection (2) of this section.
(2) A producer that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department, the director, or the appropriate division of the department. The director of the department must give consideration to the request and if this action is not detrimental to the public interest and is otherwise in accordance with the policies and purposes of chapter  43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW  43.21A.160.
[ 2021 c 313 § 4.]
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.245 - Recycling, Waste, and Litter Reduction. › 70A.245.050 - Penalties for registration, labeling, and reporting.

RCW 70A.245.050
Penalties for registration, labeling, and reporting.
(1) For producers out of compliance with the registration, reporting, or labeling requirements of RCW 70A.245.020, 70A.245.030, or 70A.245.060, the department shall provide written notification and offer information to producers. For the purposes of this section, written notification serves as notice of the violation. The department must issue at least two notices of violation by certified mail prior to assessing a penalty under subsection (2) of this section.
(2) A producer in violation of the registration, reporting, or labeling requirements in RCW 70A.245.020, 70A.245.030, or 70A.245.060 is subject to a civil penalty for each day of violation in an amount not to exceed $1,000.
(3) Penalties collected under this section must be deposited in the recycling enhancement account created in RCW 70A.245.100.
(4) Penalties issued under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.
[ 2021 c 313 § 6.]
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.245 - Recycling, Waste, and Litter Reduction. › 70A.245.060 - Trash bag labeling requirements.

RCW 70A.245.060
Trash bag labeling requirements.
(1) Beginning January 1, 2023, producers shall label each package containing plastic trash bags sold, offered for sale, or distributed in or into Washington with:
(a) The name of the producer and the city, state, and country where the producer is located, which may be designated as the location of the producer's corporate headquarters; or
(b) A uniform resource locator or quick response code to an internet website that contains the information required pursuant to (a) of this subsection.
(2)(a) The provisions of subsection (1) of this section do not apply to a plastic bag that is designed and manufactured to hold, store, or transport dangerous waste or biomedical waste.
(b) For the purposes of this subsection:
(i) "Biomedical waste" means any waste defined as that term under RCW 70A.228.010; and
(ii) "Dangerous waste" means any waste defined as dangerous wastes under RCW 70A.300.010.
[ 2021 c 313 § 7.]
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.245 - Recycling, Waste, and Litter Reduction. › 70A.245.090 - Department duties—Rule making.

RCW 70A.245.090
Department duties—Rule making.
(1) The department may conduct audits and investigations for the purpose of ensuring compliance with RCW 70A.245.020 and 70A.245.040 based on the information reported under RCW 70A.245.030.
(2) The department shall annually publish a list of registered producers of covered products and associated brand names, their compliance status, and other information the department deems appropriate on the department's website.
(3) To assist regulated parties with the requirements specified under RCW 70A.245.070 and 70A.245.080, the department:
(a) Must prepare and post on its website information regarding the prohibitions on the sale and distribution of expanded polystyrene products as specified under RCW 70A.245.070 and restrictions on the provision of optional serviceware under RCW 70A.245.080;
(b) For education and outreach to help implement RCW 70A.245.070 and 70A.245.080, may develop culturally appropriate and translated educational materials and resources for the state's diverse ethnic populations from existing materials used by local jurisdictions and other states.
(4) The department may adopt rules as necessary to administer, implement, and enforce this chapter.
[ 2021 c 313 § 12.]
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.245 - Recycling, Waste, and Litter Reduction. › 70A.245.100 - Recycling enhancement account.

RCW 70A.245.100
Recycling enhancement account.
The recycling enhancement account is created in the custody of the state treasurer. All penalties collected by the department pursuant to RCW 70A.245.040 and 70A.245.050 must be deposited in the account. 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. Expenditures from the account may be used by the department only for providing grants to local governments for the purpose of supporting local solid waste and financial assistance programs.
[ 2021 c 313 § 13.]
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.245 - Recycling, Waste, and Litter Reduction. › 70A.245.110 - Recycled content account.

RCW 70A.245.110
Recycled content account.
The recycled content account is created in the custody of the state treasurer. All receipts received by the department under RCW 70A.245.020 must be deposited in the account. 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. Expenditures from the account may be used by the department only for implementing, administering, and enforcing the requirements of RCW 70A.245.020 through 70A.245.060 and 70A.245.090 (1), (2), and (4).
[ 2021 c 313 § 14.]
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.245 - Recycling, Waste, and Litter Reduction. › 70A.245.120 - Market study.

RCW 70A.245.120
Market study. (Expires July 1, 2029.)
(1) Subject to the availability of amounts appropriated for this specific purpose prior to January 1, 2028, the department shall contract with a research university or an independent third-party consultant to study the plastic resin markets for all of the following:
(a) Analyzing market conditions and opportunities in the state's recycling industry for meeting the minimum postconsumer recycled content requirements for covered products pursuant to RCW 70A.245.020 and 70A.245.030; and
(b) Determining the data needs and tracking opportunities to increase the transparency and support of a more effective, fact-based public understanding of the recycling industry.
(2) If funding is provided pursuant to subsection (1) of this section and the department undertakes the study, the study must be completed by May 1, 2029.
(3) This section expires July 1, 2029.
[ 2021 c 313 § 15.]
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.245 - Recycling, Waste, and Litter Reduction. › 70A.245.130 - Overwater structures containing certain plastic foam—Prohibition on sale, distribution, installation—Rule-making authority—Penalty.

RCW 70A.245.130
Overwater structures containing certain plastic foam—Prohibition on sale, distribution, installation—Rule-making authority—Penalty.
(1) Beginning January 1, 2024, it is prohibited to sell, distribute, install, or arrange for the installation of in or into Washington state:
(a) Overwater structures containing expanded or extruded plastic foam that is not fully enclosed and contained in a shell made of plastic with a minimum thickness of 0.15 inches, concrete, aluminum, or steel; and
(b) Blocks or floats containing or comprised of expanded or extruded plastic foam that are not fully enclosed and contained in a shell made of plastic with a minimum thickness of 0.15 inches, concrete, aluminum, or steel, and that are intended for use in or in conjunction with overwater structures.
(2)(a) The department may adopt rules to implement, administer, and enforce this section.
(b) A person in violation of this section is subject to a civil penalty for each violation in an amount not to exceed $10,000.
(c) Penalties collected under this section must be deposited in the model toxics control operating account created in RCW 70A.305.180.
(d) Penalties issued under this section are appealable to the pollution control hearings board established in chapter 43.21B RCW.
(3) For the purposes of this section, overwater structures do not include floating homes or floating on-water residences, as those terms are defined in RCW 90.58.270, but do include docks, floats, walkways, or other accessory overwater structures associated with floating homes or floating on-water residences.
(4) Nothing in this section applies to any dock sold, distributed, or installed prior to January 1, 2024.
[ 2023 c 135 § 3.]
NOTES:
Finding—Intent—2023 c 135: See note following RCW 19.27.590.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.007 - Purpose.

RCW 70A.300.007
Purpose.
The purpose of this chapter is to establish a comprehensive statewide framework for the planning, regulation, control, and management of hazardous waste which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of the state. To this end it is the purpose of this chapter:
(1) To provide broad powers of regulation to the department of ecology relating to management of hazardous wastes and releases of hazardous substances;
(2) To promote waste reduction and to encourage other improvements in waste management practices;
(3) To promote cooperation between state and local governments by assigning responsibilities for planning for hazardous wastes to the state and planning for moderate-risk waste to local government;
(4) To provide for prevention of problems related to improper management of hazardous substances before such problems occur; and
(5) To assure that needed hazardous waste management facilities may be sited in the state, and to ensure the safe operation of the facilities.
[ 1985 c 448 § 3. Formerly RCW 70.105.007.]
NOTES:
Severability—1985 c 448: See note following RCW 70A.300.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.020 - Standards and regulations—Adoption—Notice and hearing—Consultation with other agencies.

RCW 70A.300.020
Standards and regulations—Adoption—Notice and hearing—Consultation with other agencies.
The department after notice and public hearing shall:
(1) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those substances which exhibit characteristics consistent with the definition provided in RCW 70A.300.010(7);
(2) Adopt and may revise when appropriate, minimum standards and regulations for disposal of extremely hazardous wastes to protect against hazards to the public, and to the environment. Before adoption of such standards and regulations, the department shall consult with appropriate agencies of interested local governments and secure technical assistance from the department of agriculture, the department of social and health services, the department of fish and wildlife, the department of natural resources, the department of labor and industries, and the department of commerce, through the director of fire protection.
[ 2020 c 20 § 1279; 1994 c 264 § 42; 1988 c 36 § 28; 1986 c 266 § 119; 1975-'76 2nd ex.s. c 101 § 2. Formerly RCW 70.105.020.]
NOTES:
Severability—1986 c 266: See note following RCW 38.52.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.030 - Environmental excellence program agreements—Effect on chapter.

RCW 70A.300.030
Environmental excellence program agreements—Effect on chapter.
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 § 23. Formerly RCW 70.105.025.]
NOTES:
Purpose—1997 c 381: See RCW 43.21K.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.040 - List and information to be furnished by depositor of hazardous waste—Rules and regulations.

RCW 70A.300.040
List and information to be furnished by depositor of hazardous waste—Rules and regulations.
(1) After the effective date of the regulations adopted by the department designating extremely hazardous wastes, any person planning to dispose of extremely hazardous waste as designated by the department shall provide the operator of the disposal site with a list setting forth the extremely hazardous wastes for disposal, the amount of such wastes, the general chemical and mineral composition of such waste listed by approximate maximum and minimum percentages, and the origin of any such waste. Such list, when appropriate, shall include information on antidotes, first aid, or safety measures to be taken in case of accidental contact with the particular extremely hazardous waste being disposed.
(2) The department shall adopt and enforce all rules and regulations including the form and content of the list, necessary and appropriate to accomplish the purposes of subsection (1) of this section.
[1975-'76 2nd ex.s. c 101 § 3. Formerly RCW 70.105.030.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.050 - Solid wastes—Conditionally exempt from chapter.

RCW 70A.300.050
Solid wastes—Conditionally exempt from chapter.
Solid wastes that designate as dangerous waste or extremely hazardous waste but do not designate as hazardous waste under federal law are conditionally exempt from the requirements of this chapter, if:
(1) The waste is generated pursuant to a consent decree issued under chapter 70A.305 RCW;
(2) The consent decree characterizes the solid waste and specifies management practices and a department-approved treatment or disposal location;
(3) The management practices are consistent with RCW 70A.300.260 and are protective of human health and the environment as determined by the department of ecology; and
(4) Waste treated or disposed of on-site will be managed in a manner determined by the department to be as protective of human health and the environment as clean-up standards pursuant to chapter 70A.305 RCW.
This section shall not be interpreted to limit the ability of the department to apply any requirement of this chapter through a consent decree issued under chapter 70A.305 RCW, if the department determines these requirements to be appropriate. Neither shall this section be interpreted to limit the application of this chapter to a cleanup conducted under the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et seq., as amended).
[ 2020 c 20 § 1280; 1994 c 254 § 5. Formerly RCW 70.105.035.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.060 - Disposal site or facility—Acquisition—Disposal fee schedule.

RCW 70A.300.060
Disposal site or facility—Acquisition—Disposal fee schedule.
(1) The department through the *department of general administration, is authorized to acquire interests in real property from the federal government on the Hanford Reservation by gift, purchase, lease, or other means, to be used for the purpose of developing, operating, and maintaining an extremely hazardous waste disposal site or facility by the department, either directly or by agreement with public or private persons or entities: PROVIDED, That lands acquired under this section shall not be inconsistent with a local comprehensive plan approved prior to January 1, 1976: AND PROVIDED FURTHER, That no lands acquired under this section shall be subject to land use regulation by a local government.
(2) The department may establish an appropriate fee schedule for use of such disposal facilities to offset the cost of administration of this chapter and the cost of development, operation, maintenance, and perpetual management of the disposal site. If operated by a private entity, the disposal fee may be such as to provide a reasonable profit.
[1975-'76 2nd ex.s. c 101 § 4. Formerly RCW 70.105.040.]
NOTES:
*Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 § 107.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.070 - Disposal at other than approved site prohibited—Disposal of radioactive wastes.

RCW 70A.300.070
Disposal at other than approved site prohibited—Disposal of radioactive wastes.
(1) No person shall dispose of designated extremely hazardous wastes at any disposal site in the state other than the disposal site established and approved for such purpose under provisions of this chapter, except:
(a) When such wastes are going to a processing facility which will result in the waste being reclaimed, treated, detoxified, neutralized, or otherwise processed to remove its harmful properties or characteristics; or
(b) When such wastes are managed on-site as part of a remedial action conducted by the department or by potentially liable persons under a consent decree issued by the department pursuant to chapter 70A.305 RCW.
(2) Extremely hazardous wastes that contain radioactive components may be disposed at a radioactive waste disposal site that is (a) owned by the United States department of energy or a licensee of the nuclear regulatory commission and (b) permitted by the department and operated in compliance with the provisions of this chapter. However, prior to disposal, or as a part of disposal, all reasonable methods of treatment, detoxification, neutralization, or other waste management methodologies designed to mitigate hazards associated with these wastes shall be employed, as required by applicable federal and state laws and regulations.
[ 2020 c 20 § 1281; 1994 c 254 § 6; 1987 c 488 § 4; 1975-'76 2nd ex.s. c 101 § 5. Formerly RCW 70.105.050.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.080 - Criteria for receiving waste at disposal site.

RCW 70A.300.080
Criteria for receiving waste at disposal site.
The department may elect to receive dangerous waste at the site provided under this chapter, provided
(1) it is upon request of the owner, producer, or person having custody of the waste, and
(2) upon the payment of a fee to cover disposal
(3) it can be reasonably demonstrated that there is no other disposal sites in the state that will handle such dangerous waste, and
(4) the site is designed to handle such a request or can be modified to the extent necessary to adequately dispose of the waste, or
(5) if a demonstrable emergency and potential threat to the public health and safety exists.
[1975-'76 2nd ex.s. c 101 § 7. Formerly RCW 70.105.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.090 - Violations—Civil penalties.

RCW 70A.300.090
Violations—Civil penalties.
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, every person who fails to comply with any provision of this chapter or of the rules adopted thereunder shall be subjected to a penalty in an amount of not more than ten thousand dollars per day for every such violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct violation. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated the provisions of this section and shall be subject to the penalty herein provided.
(2) The penalty provided for in this section shall be imposed pursuant to the procedures in RCW 43.21B.300.
[ 1995 c 403 § 631; 1987 c 109 § 12; 1983 c 172 § 2; 1975-'76 2nd ex.s. c 101 § 8. Formerly RCW 70.105.080.]
NOTES:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1983 c 172: See note following RCW 70A.300.130.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.100 - Violations—Criminal penalties.

RCW 70A.300.100
Violations—Criminal penalties.
(1) Any person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this chapter is guilty of: (a) A class B felony punishable according to chapter 9A.20 RCW if the person knows at the time that the conduct constituting the violation places another person in imminent danger of death or serious bodily injury; or (b) a class C felony punishable according to chapter 9A.20 RCW if the person knows that the conduct constituting the violation places any property of another person or any natural resources owned by the state of Washington or any of its local governments in imminent danger of harm.
(2) As used in this section: (a) "Imminent danger" means that there is a substantial likelihood that harm will be experienced within a reasonable period of time should the danger not be eliminated; and (b) "knowingly" refers to an awareness of facts, not awareness of law.
[ 2003 c 53 § 357; 1989 c 2 § 15 (Initiative Measure No. 97, approved November 8, 1988). Formerly RCW 70.105.085.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Short title—Captions—Construction—Existing agreements—Effective date—1989 c 2: See RCW 70A.305.900 through 70A.305.904, respectively.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.110 - Violations—Gross misdemeanor.

RCW 70A.300.110
Violations—Gross misdemeanor.
In addition to the penalties imposed pursuant to RCW 70A.300.090, any person who violates any provisions of this chapter, or of the rules implementing this chapter, and any person who knowingly aids or abets another in conducting any violation of any provisions of this chapter, or of the rules implementing this chapter, shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than ten thousand dollars, and/or by imprisonment in the county jail for up to three hundred sixty-four days, for each separate violation. Each and every such violation shall be a separate and distinct offense. In case of continuing violation, every day's continuance shall be a separate and distinct offense.
[ 2020 c 20 § 1282; 2011 c 96 § 51; 1984 c 237 § 1; 1983 c 172 § 3; 1975-'76 2nd ex.s. c 101 § 9. Formerly RCW 70.105.090.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Severability—1983 c 172: See note following RCW 70A.300.130.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.120 - Violations—Orders—Penalty for noncompliance—Appeal.

RCW 70A.300.120
Violations—Orders—Penalty for noncompliance—Appeal.
(1) Whenever on the basis on any information the department determines that a person has violated or is about to violate any provision of this chapter, the department may issue an order requiring compliance either immediately or within a specified period of time. The order shall be delivered by registered mail or personally to the person against whom the order is directed.
(2) Any person who fails to take corrective action as specified in a compliance order shall be liable for a civil penalty of not more than ten thousand dollars for each day of continued noncompliance. In addition, the department may suspend or revoke any permits and/or certificates issued under the provisions of this chapter to a person who fails to comply with an order directed against him or her.
(3) Any order may be appealed pursuant to RCW 43.21B.310.
[ 2012 c 117 § 417; 1987 c 109 § 16; 1983 c 172 § 4. Formerly RCW 70.105.095.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1983 c 172: See note following RCW 70A.300.130.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.300 - Hazardous Waste Management. › 70A.300.130 - Action for damages resulting from violation—Attorneys' fees.

RCW 70A.300.130
Action for damages resulting from violation—Attorneys' fees.
A person injured as a result of a violation of this chapter or the rules adopted thereunder may bring an action in superior court for the recovery of the damages. A conviction or imposition of a penalty under this chapter is not a prerequisite to an action under this section.
The court may award reasonable attorneys' fees to a prevailing injured party in an action under this section.
[ 1983 c 172 § 1. Formerly RCW 70.105.097.]
NOTES:
Severability—1983 c 172: "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." [ 1983 c 172 § 5.]