reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.165 - Landfill disposal facilities—Reserve accounts required by July 1, 1987—Exception—Rules.

RCW 70A.205.165
Landfill disposal facilities—Reserve accounts required by July 1, 1987—Exception—Rules.
(1) By July 1, 1987, each holder or applicant of a permit for a landfill disposal facility issued under this chapter shall establish a reserve account to cover the costs of closing the facility in accordance with state and federal regulations. The account shall be designed to ensure that there will be adequate revenue available by the projected date of closure. A landfill disposal facility maintained on private property for the sole use of the entity owning the site and a landfill disposal facility operated and maintained by a government shall not be required to establish a reserve account if, to the satisfaction of the department, the entity or government provides another form of financial assurance adequate to comply with the requirements of this section.
(2) By July 1, 1986, the department shall adopt rules under chapter 34.05 RCW to implement subsection (1) of this section. The department is not required to adopt rules pertaining to other approved forms of financial assurance to cover the costs of closing a landfill disposal facility. The rules shall include but not be limited to:
(a) Methods to estimate closure costs, including postclosure monitoring, pollution prevention measures, and any other procedures required under state and federal regulations;
(b) Methods to ensure that reserve accounts receive adequate funds, including:
(i) Requirements that the reserve account be generated by user fees. However, the department may waive this requirement for existing landfills if user fees would be prohibitively high;
(ii) Requirements that moneys be placed in the reserve account on a regular basis and that the reserve account be kept separate from all other accounts; and
(iii) Procedures for the department to verify that adequate sums are deposited in the reserve account; and
(c) Methods to ensure that other types of financial assurance provided in accordance with subsection (1) of this section are adequate to cover the costs of closing the facility.
[ 2000 c 114 § 1; 1985 c 436 § 1. Formerly RCW 70.95.215.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.175 - Waste generated outside the state—Solid waste disposal site facility reporting requirements—Fees.

RCW 70A.205.175
Waste generated outside the state—Solid waste disposal site facility reporting requirements—Fees.
(1) At least sixty days prior to receiving solid waste generated from outside of the state, the operator of a solid waste disposal site facility shall report to the department the types and quantities of waste to be received from an out-of-state source. The department shall develop guidelines for reporting this information. The guidelines shall provide for less than sixty days notice for shipments of waste made on a short-term or emergency basis. The requirements of this subsection shall take effect upon completion of the guidelines.
(2) Upon notice under subsection (1) of this section, the department shall identify all activities and costs necessary to ensure that solid waste generated out-of-state meets standards relating to solid waste reduction, recycling, and management substantially equivalent to those required of solid waste generated within the state. The department may assess a fee on the out-of-state waste sufficient to recover the actual costs incurred in ensuring that the out-of-state waste meets equivalent state standards. The department may delegate, to a local health department, authority to implement the activities identified by the department under this subsection. All money received from fees imposed under this subsection shall be deposited into the account used to fund the activities required by this section, and shall be used solely for the activities required by this section.
(3) The department may prohibit in-state disposal of solid waste generated from outside of the state, unless the generators of the waste meet: (a) Waste reduction and recycling requirements substantially equivalent to those applicable in Washington state; and (b) solid waste handling standards substantially equivalent to those applicable in Washington state.
(4) The department may adopt rules to implement this section.
[ 2020 c 20 § 1177; 1993 c 286 § 2. Formerly RCW 70.95.218.]
NOTES:
Severability—Effective date—1993 c 286: See notes following RCW 70A.205.170.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.180 - Financial aid to jurisdictional health departments—Applications—Allocations.

RCW 70A.205.180
Financial aid to jurisdictional health departments—Applications—Allocations.
Any jurisdictional health department may apply to the department for financial aid for the enforcement of rules and regulations promulgated under this chapter. Such application shall contain such information, including budget and program description, as may be prescribed by regulations of the department.
After receipt of such applications the department may allocate available funds according to criteria established by regulations of the department considering population, urban development, the number of the disposal sites, and geographical area.
The sum allocated to a jurisdictional health department shall be paid to the treasury from which the operating expenses of the health department are paid, and shall be used exclusively for inspections and administrative expenses necessary to enforce applicable regulations.
[ 1969 ex.s. c 134 § 22. Formerly RCW 70.95.220.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.185 - Financial aid to jurisdictional health departments—Matching funds requirements.

RCW 70A.205.185
Financial aid to jurisdictional health departments—Matching funds requirements.
The jurisdictional health department applying for state assistance for the enforcement of this chapter shall match such aid allocated by the department in an amount not less than twenty-five percent of the total amount spent for such enforcement activity during the year. The local share of enforcement costs may be met by cash and contributed services.
[ 1969 ex.s. c 134 § 23. Formerly RCW 70.95.230.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.190 - Diversion of recyclable material—Penalty.

RCW 70A.205.190
Diversion of recyclable material—Penalty.
(1) No person may divert to personal use any recyclable material placed in a container as part of a recycling program, without the consent of the generator of such recyclable material or the solid waste collection company operating under the authority of a town, city, county, or the utilities and transportation commission, and no person may divert to commercial use any recyclable material placed in a container as part of a recycling program, without the consent of the person owning or operating such container.
(2) A violation of subsection (1) of this section is a class 1 civil infraction under chapter 7.80 RCW. Each violation of this section shall be a separate infraction.
[ 1991 c 319 § 407. Formerly RCW 70.95.235.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.200 - Name appearing on waste material—Presumption.

RCW 70A.205.200
Name appearing on waste material—Presumption.
Whenever solid wastes dumped in violation of RCW 70A.205.195 contain three or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of dumping.
[ 2020 c 20 § 1179; 1969 ex.s. c 134 § 25. Formerly RCW 70.95.250.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.205 - Disposal of sewage sludge or septic tank sludge prohibited—Exemptions—Uses of sludge material permitted.

RCW 70A.205.205
Disposal of sewage sludge or septic tank sludge prohibited—Exemptions—Uses of sludge material permitted.
After January 1, 1988, the department of ecology may prohibit disposal of sewage sludge or septic tank sludge (septage) in landfills for final disposal, except on a temporary, emergency basis, if the jurisdictional health department determines that a potentially unhealthful circumstance exists. Beneficial uses of sludge in landfill reclamation is acceptable utilization and not considered disposal.
The department of ecology shall adopt rules that provide exemptions from this section on a case-by-case basis. Exemptions shall be based on the economic infeasibility of using or disposing of the sludge material other than in a landfill.
The department of ecology, in conjunction with the department of health and the department of agriculture, shall adopt rules establishing labeling and notification requirements for sludge material sold commercially or given away to the public. The department shall specify mandatory wording for labels and notification to warn the public against improper use of the material.
[ 1992 c 174 § 15; 1986 c 297 § 1. Formerly RCW 70.95.255.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.215 - Additional powers and duties of department.

RCW 70A.205.215
Additional powers and duties of department.
The department shall in addition to its other duties and powers under this chapter:
(1) Prepare the following:
(a) A management system for recycling waste paper generated by state offices and institutions in cooperation with such offices and institutions;
(b) An evaluation of existing and potential systems for recovery of energy and materials from solid waste with recommendations to affected governmental agencies as to those systems which would be the most appropriate for implementation;
(c) A data management system to evaluate and assist the progress of state and local jurisdictions and private industry in resource recovery;
(d) Identification of potential markets, in cooperation with private industry, for recovered resources and the impact of the distribution of such resources on existing markets;
(e) Studies on methods of transportation, collection, reduction, separation, and packaging which will encourage more efficient utilization of existing waste recovery facilities;
(f) Recommendations on incentives, including state grants, loans, and other assistance, to local governments which will encourage the recovery and recycling of solid wastes.
(2) Provide technical information and assistance to state and local jurisdictions, the public, and private industry on solid waste recovery and/or recycling.
(3) Procure and expend funds available from federal agencies and other sources to assist the implementation by local governments of solid waste recovery and/or recycling programs, and projects.
(4) Conduct necessary research and studies to carry out the purposes of this chapter.
(5) Encourage and assist local governments and private industry to develop pilot solid waste recovery and/or recycling projects.
(6) Monitor, assist with research, and collect data for use in assessing feasibility for others to develop solid waste recovery and/or recycling projects.
[ 1998 c 245 § 131; 1975-'76 2nd ex.s. c 41 § 5. Formerly RCW 70.95.263.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.220 - Department to cooperate with public and private departments, agencies, and associations.

RCW 70A.205.220
Department to cooperate with public and private departments, agencies, and associations.
The department shall work closely with the department of commerce, the department of enterprise services, and with other state departments and agencies, the Washington state association of counties, the association of Washington cities, and business associations, to carry out the objectives and purposes of chapter 41, Laws of 1975-'76 2nd ex. sess.
[ 2015 c 225 § 106; 1995 c 399 § 190; 1985 c 466 § 69; 1975-'76 2nd ex.s. c 41 § 6. Formerly RCW 70.95.265.]
NOTES:
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.225 - Department authorized to disburse referendum 26 (RCW 43.83.330) fund for local government solid waste projects.

RCW 70A.205.225
Department authorized to disburse referendum 26 (RCW 43.83.330) fund for local government solid waste projects.
The department is authorized to use referendum 26 (RCW 43.83.330) funds of the Washington futures account to disburse to local governments in developing solid waste recovery and/or recycling projects.
[ 2015 1st sp.s. c 4 § 50; 1975-'76 2nd ex.s. c 41 § 10. Formerly RCW 70.95.267.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.230 - Department authorized to disburse funds under RCW 43.83.350 for local government solid waste projects.

RCW 70A.205.230
Department authorized to disburse funds under RCW 43.83.350 for local government solid waste projects.
The department is authorized to use funds under RCW 43.83.350 to disburse to local governments in developing solid waste recovery or recycling projects. Priority shall be given to those projects that use incineration of solid waste to produce energy and to recycling projects.
[ 2015 1st sp.s. c 4 § 51; 1984 c 123 § 10. Formerly RCW 70.95.268.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.235 - Hazardous substance remedial actions—Procedural requirements not applicable.

RCW 70A.205.235
Hazardous substance remedial actions—Procedural requirements not applicable.
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70A.305.090.
[ 2020 c 20 § 1180; 1994 c 257 § 16. Formerly RCW 70.95.270.]
NOTES:
Severability—1994 c 257: See note following RCW 36.70A.270.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.240 - Determination of best solid waste management practices—Department to develop method to monitor waste stream—Collectors to report quantity and quality of waste—Confidentiality of proprietary information.

RCW 70A.205.240
Determination of best solid waste management practices—Department to develop method to monitor waste stream—Collectors to report quantity and quality of waste—Confidentiality of proprietary information.
The department of ecology shall determine the best management practices for categories of solid waste in accordance with the priority solid waste management methods established in RCW 70A.205.005. In order to make this determination, the department shall conduct a comprehensive solid waste stream analysis and evaluation. Following establishment of baseline data resulting from an initial in-depth analysis of the waste stream, the department shall develop a less intensive method of monitoring the disposed waste stream including, but not limited to, changes in the amount of waste generated and waste type. The department shall monitor curbside collection programs and other waste segregation and disposal technologies to determine, to the extent possible, the effectiveness of these programs in terms of cost and participation, their applicability to other locations, and their implications regarding rules adopted under this chapter. Persons who collect solid waste shall annually report to the department the types and quantities of solid waste that are collected and where it is delivered. The department shall adopt guidelines for reporting and for keeping proprietary information confidential.
[ 2020 c 20 § 1181; 1989 c 431 § 13; 1988 c 184 § 1. Formerly RCW 70.95.280.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.245 - Solid waste stream analysis.

RCW 70A.205.245
Solid waste stream analysis.
The comprehensive, statewide solid waste stream analysis under RCW 70A.205.240 shall be based on representative solid waste generation areas and solid waste generation sources within the state. The following information and evaluations shall be included:
(1) Solid waste generation rates for each category;
(2) The rate of recycling being achieved within the state for each category of solid waste;
(3) The current and potential rates of solid waste reduction within the state;
(4) A technological assessment of current solid waste reduction and recycling methods and systems, including cost/benefit analyses;
(5) An assessment of the feasibility of segregating solid waste at: (a) The original source, (b) transfer stations, and (c) the point of final disposal;
(6) A review of methods that will increase the rate of solid waste reduction; and
(7) An assessment of new and existing technologies that are available for solid waste management including an analysis of the associated environmental risks and costs.
The data required by the analysis under this section shall be kept current and shall be available to local governments and the waste management industry.
[ 2020 c 20 § 1182; 1988 c 184 § 2. Formerly RCW 70.95.285.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.250 - Solid waste stream evaluation.

RCW 70A.205.250
Solid waste stream evaluation.
(1) The evaluation of the solid waste stream required in RCW 70A.205.240 shall include the following elements:
(a) The department shall determine which management method for each category of solid waste will have the least environmental impact; and
(b) The department shall evaluate the costs of various management options for each category of solid waste, including a review of market availability, and shall take into consideration the economic impact on affected parties;
(c) Based on the results of (a) and (b) of this subsection, the department shall determine the best management for each category of solid waste. Different management methods for the same categories of waste may be developed for different parts of the state.
(2) The department shall give priority to evaluating categories of solid waste that, in relation to other categories of solid waste, comprise a large volume of the solid waste stream or present a high potential of harm to human health. At a minimum the following categories of waste shall be evaluated:
(a) By January 1, 1989, yard waste and other biodegradable materials, paper products, disposable diapers, and batteries; and
(b) By January 1, 1990, metals, glass, plastics, styrofoam or rigid lightweight cellular polystyrene, and tires.
[ 2020 c 20 § 1183; 1988 c 184 § 3. Formerly RCW 70.95.290.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.255 - Analysis and evaluation to be incorporated in state solid waste management plan.

RCW 70A.205.255
Analysis and evaluation to be incorporated in state solid waste management plan.
The department shall incorporate the information from the analysis and evaluation conducted under RCW 70A.205.240 through 70A.205.250 to the state solid waste management plan under RCW 70A.205.210. The plan shall be revised periodically as the evaluation and analysis is updated.
[ 2020 c 20 § 1184; 1988 c 184 § 4. Formerly RCW 70.95.295.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.265 - Solid waste handling permit—Exemption from requirements—Application of section—Rules.

RCW 70A.205.265
Solid waste handling permit—Exemption from requirements—Application of section—Rules.
(1) Notwithstanding any other provision of this chapter, the department may by rule exempt from the requirements to obtain a solid waste handling permit any category of solid waste handling facility that it determines to:
(a) Present little or no environmental risk; and
(b) Meet the environmental protection and performance requirements required for other similar solid waste facilities.
(2) This section does not apply to any facility or category of facilities that:
(a) Receives municipal solid waste destined for final disposal, including but not limited to transfer stations, landfills, and incinerators;
(b) Applies putrescible solid waste on land for final disposal purposes;
(c) Handles mixed solid wastes that have not been processed to segregate solid waste materials destined for disposal from other solid waste materials destined for a beneficial use or recycling;
(d) Receives or processes organic waste materials into compost in volumes that generally far exceed those handled by municipal park departments, master gardening programs, and households; or
(e) Receives solid waste destined for recycling or reuse, the operation of which is determined by the department to present risks to human health and the environment.
(3) Rules adopted under this section shall contain such terms and conditions as the department deems necessary to ensure compliance with applicable statutes and rules. If a facility does not operate in compliance with the terms and conditions established for an exemption under subsection (1) of this section, the facility is subject to the permitting requirements for solid waste handling under this chapter.
(4) This section shall not be deemed to invalidate the exemptions or determinations of nonapplicability in the department's solid waste rules as they exist on June 11, 1998, which exemptions and determinations are recognized and confirmed subject to the department's continuing authority to modify or revoke those exemptions or determinations by rule.
[ 2005 c 394 § 3; 1998 c 156 § 5. Formerly RCW 70.95.305.]
NOTES:
Intent—Severability—2005 c 394: See notes following RCW 70A.205.300.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.270 - Composting of bovine and equine carcasses—Guidelines—Exemption from solid waste handling rules.

RCW 70A.205.270
Composting of bovine and equine carcasses—Guidelines—Exemption from solid waste handling rules.
(1) By July 1, 2005, the department of ecology and the department of agriculture, in consultation with the department of health, shall make available to livestock producers clearly written guidelines for the composting of bovine and equine carcasses for routine animal disposal.
(2) Composters of bovine and equine carcasses are exempt from the metals testing and permit requirements under the solid waste handling rules for compost that is distributed off-site if the following conditions are met:
(a) The carcasses to be composted are not known or suspected to be affected with a prion-protein disease such as bovine spongiform encephalopathy, a spore-forming disease such as anthrax or other diseases designated by the state veterinarian;
(b) The composter follows the written guidelines provided for in subsection (1) of this section;
(c) The composter does not accept for composting animal mortalities from other sources not directly affiliated with the composter's operation;
(d) The composter provides information to the end user that includes the source of the material; the quality of the compost as to its nutrient content, pathogens, and stability; and the restrictions on use of the compost as stated in (f) of this subsection;
(e) The composter reports annually to the department the number of bovines and equines and the amounts of other material composted, including the composter's best estimate of the tonnage or yardage involved; and
(f) The end user applies the compost only to agricultural lands that are not used for the production of root crops except as prescribed in the guidelines and ensures no compost comes into contact with the crops harvested from the lands where the compost is applied.
(3) If a compost production facility does not operate in compliance with the terms and conditions established for an exemption in this section, the facility shall be subject to the permitting requirements for solid waste handling under this chapter.
[ 2005 c 510 § 6. Formerly RCW 70.95.306.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.275 - Rules—Department "deferring" to other permits—Application of section.

RCW 70A.205.275
Rules—Department "deferring" to other permits—Application of section.
(1) Notwithstanding any other provisions of this chapter, the department shall adopt rules:
(a) Describing when a jurisdictional health department may, at its discretion, waive the requirement that a permit be issued for a facility under this chapter if other air, water, or environmental permits are issued for the same facility. As used in this section, a jurisdictional health department's waiving the requirement that a permit be issued for a facility under this chapter based on the issuance of such other permits for the facility is the health department's "deferring" to the other permits; and
(b) Allowing deferral only if the applicant and the jurisdictional health department demonstrate that other permits for the facility will provide a comparable level of protection for human health and the environment that would be provided by a solid waste handling permit.
(2) This section does not apply to any transfer station, landfill, or incinerator that receives municipal solid waste destined for final disposal.
(3) If, before June 11, 1998, either the department or a jurisdictional health department has deferred solid waste permitting or regulation of a solid waste facility to permitting or regulation under other environmental permits for the same facility, such deferral is valid and shall not be affected by the rules developed under subsection (1) of this section.
(4) Rules adopted under this section shall contain such terms and conditions as the department deems necessary to ensure compliance with applicable statutes and rules.
[ 1998 c 156 § 6. Formerly RCW 70.95.310.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.280 - Penalty.

RCW 70A.205.280
Penalty.
(1) The department may assess a civil penalty in an amount not to exceed one thousand dollars per day per violation to any person exempt from solid waste permitting in accordance with RCW 70A.205.145, 70A.205.260, 70A.205.265, 70A.205.270, or 70A.205.290 who fails to comply with the terms and conditions of the exemption. Each such violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation. The penalty provided in this section shall be imposed pursuant to RCW 43.21B.300.
(2) If a person violates a provision of any of the sections referenced in subsection (1) of this section, the department may issue an appropriate order to ensure compliance with the conditions of the exemption. The order may be appealed pursuant to RCW 43.21B.310.
[ 2020 c 20 § 1185; 2016 c 119 § 8; 2009 c 178 § 5; 2005 c 510 § 7; 1998 c 156 § 7. Formerly RCW 70.95.315.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.285 - Construction.

RCW 70A.205.285
Construction.
Nothing in chapter 156, Laws of 1998 may be construed to affect chapter 81.77 RCW and the authority of the utilities and transportation commission.
[ 1998 c 156 § 9. Formerly RCW 70.95.320.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.300 - Transporters—Definition—Registration required—Penalties.

RCW 70A.205.300
Transporters—Definition—Registration required—Penalties.
(1) For the purposes of this section and RCW 70A.205.310, "transporter" means any person or entity that transports recyclable materials from commercial or industrial generators over the public highways of the state of Washington for compensation, and who are required to possess a permit to operate from the Washington utilities and transportation commission under chapter 81.80 RCW. "Transporter" includes commercial recycling operations of certificated solid waste collection companies as provided in chapter 81.77 RCW. "Transporter" does not include:
(a) Carriers of commercial recyclable materials, when such materials are owned or being bought or sold by the entity or person, and being carried in their own vehicle, when such activity is incidental to the conduct of an entity or person's primary business;
(b) Entities or persons hauling their own recyclables or hauling recyclables they generated or purchased and transported in their own vehicles;
(c) Nonprofit or charitable organizations collecting and transporting recyclable materials from a buyback center, drop box, or from a commercial or industrial generator of recyclable materials;
(d) City municipal solid waste departments or city solid waste contractors; or
(e) Common carriers under chapter 81.80 RCW whose primary business is not the transportation of recyclable materials.
(2) All transporters shall register with the department prior to the transportation of recyclable materials. The department shall supply forms for registration.
(3) A transporter who transports recyclable materials within the state without a transporter registration required by this section is subject to a civil penalty in an amount up to one thousand dollars per violation.
[ 2020 c 20 § 1187; 2005 c 394 § 4. Formerly RCW 70.95.400.]
NOTES:
Intent—2005 c 394: "It is the intent of the legislature to improve recycling, eliminate illegal disposal of recyclable materials, protect consumers from sham recycling, and to further the purposes of RCW 70.95.020 and the goal of consistency in jurisdictional treatment of the statewide solid waste management plan adopted by the department of ecology." [ 2005 c 394 § 1.]
Severability—2005 c 394: "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." [ 2005 c 394 § 9.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.310 - Transporters—Delivery of recyclable materials to transfer station or landfill prohibited—Records—Penalty.

RCW 70A.205.310
Transporters—Delivery of recyclable materials to transfer station or landfill prohibited—Records—Penalty.
(1) A transporter may not deliver any recyclable materials for disposal to a transfer station or landfill.
(2) A transporter shall keep records of locations and quantities specifically identified in relation to a generator's name, service date, address, and invoice, documenting where recyclables have been sold, delivered for processing, or otherwise marketed. These records must be retained for two years from the date of collection, and must be made accessible for inspection by the department and the local health department.
(3) A transporter who violates the provisions of this section is subject to a civil penalty of up to one thousand dollars per violation.
[ 2005 c 394 § 5. Formerly RCW 70.95.410.]
NOTES:
Intent—Severability—2005 c 394: See notes following RCW 70A.205.300.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.320 - Damages.

RCW 70A.205.320
Damages.
Any person damaged by a violation of RCW 70A.205.300 through 70A.205.340 may bring a civil action for such a violation by seeking either injunctive relief or damages, or both, in the superior court of the county in which the violation took place or in Thurston county. The prevailing party in such an action is entitled to reasonable costs and attorneys' fees, including those on appeal.
[ 2020 c 20 § 1188; 2005 c 394 § 6. Formerly RCW 70.95.420.]
NOTES:
Intent—Severability—2005 c 394: See notes following RCW 70A.205.300.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.330 - Solid waste recyclers—Notice—Report—Penalty.

RCW 70A.205.330
Solid waste recyclers—Notice—Report—Penalty.
(1) All facilities that recycle solid waste, except for those facilities with a current solid waste handling permit issued under RCW 70A.205.120, must notify the department in writing within thirty days prior to operation, or ninety days from July 24, 2005, for existing recycling operations, of the intent to conduct recycling in accordance with this section. Notification must be in writing, and include:
(a) Contact information for the person conducting the recycling activity;
(b) A general description of the recycling activity;
(c) A description of the types of solid waste being recycled; and
(d) A general explanation of the recycling processes and methods.
(2) Each facility that recycles solid waste, except those facilities with a current solid waste handling permit issued under RCW 70A.205.120, shall prepare and submit an annual report to the department by April 1st on forms supplied by the department. The annual report must detail recycling activities during the previous calendar year and include the following information:
(a) The name and address of the recycling operation;
(b) The calendar year covered by the report;
(c) The annual quantities and types of waste received, recycled, and disposed, in tons, for purposes of determining progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW 70A.205.005(4); and
(d) Any additional information required by written notification of the department that is needed to determine progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW 70A.205.005(4).
(3) Any facility, except for product take-back centers, that recycles solid waste materials within the state without first obtaining a solid waste handling permit under RCW 70A.205.120 or completing a notification under this section is subject to a civil penalty of up to one thousand dollars per violation.
[ 2020 c 20 § 1189; 2005 c 394 § 7. Formerly RCW 70.95.430.]
NOTES:
Intent—Severability—2005 c 394: See notes following RCW 70A.205.300.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.340 - Financial assurance requirements.

RCW 70A.205.340
Financial assurance requirements.
(1) The department may adopt rules that establish financial assurance requirements for recycling facilities that do not already have financial assurance requirements under this chapter, or are not already specifically exempted from financial assurance requirements under this chapter. The financial assurance requirements must take into consideration the amounts and types of recyclable materials recycled at the facility, and the potential closure and postclosure costs associated with the recycling facility; which assurance may consist of posting of a surety bond in an amount sufficient to meet these requirements or other financial instrument, but in no case less than ten thousand dollars.
(2) A recycling facility is required to meet financial assurance requirements adopted by the department by rule, unless the facility is already required to provide financial assurance under other provisions of this chapter.
(3) Facilities that collect, recover, process, or otherwise recycle scrap metal, processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal are exempt from the requirements of this section.
[ 2005 c 394 § 8. Formerly RCW 70.95.440.]
NOTES:
Intent—Severability—2005 c 394: See notes following RCW 70A.205.300.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.400 - Disposal of vehicle tires outside designated area prohibited—Penalty—Exemption.

RCW 70A.205.400
Disposal of vehicle tires outside designated area prohibited—Penalty—Exemption.
(1) No person may drop, deposit, discard, or otherwise dispose of vehicle tires on any public property or private property in this state or in the waters of this state whether from a vehicle or otherwise, including, but not limited to, any public highway, public park, beach, campground, forestland, recreational area, trailer park, highway, road, street, or alley unless:
(a) The property is designated by the state, or by any of its agencies or political subdivisions, for the disposal of discarded vehicle tires; and
(b) The person is authorized to use the property for such purpose.
(2) A violation of this section is punishable by a civil penalty, which shall not be less than two hundred dollars nor more than two thousand dollars for each offense.
(3) This section does not apply to the storage or deposit of vehicle tires in quantities deemed exempt under rules adopted by the department of ecology under its functional standards for solid waste.
[ 1985 c 345 § 4. Formerly RCW 70.95.500.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.410 - Fee on the retail sale of new replacement vehicle tires—Failure to collect, pay to department—Penalties.

RCW 70A.205.410
Fee on the retail sale of new replacement vehicle tires—Failure to collect, pay to department—Penalties.
(1) The fee required by this chapter, to be collected by the seller, shall be deemed to be held in trust by the seller until paid to the department of revenue, and any seller who appropriates or converts the fee collected to his or her own use or to any use other than the payment of the fee to the extent that the money required to be collected is not available for payment on the due date as prescribed in this chapter is guilty of a gross misdemeanor.
(2) In case any seller fails to collect the fee imposed in this chapter or, having collected the fee, fails to pay it to the department of revenue in the manner prescribed by this chapter, whether such failure is the result of his or her own acts or the result of acts or conditions beyond his or her control, he or she shall, nevertheless, be personally liable to the state for the amount of the fee.
(3) The amount of the fee, until paid by the buyer to the seller or to the department of revenue, shall constitute a debt from the buyer to the seller and any seller who fails or refuses to collect the fee as required with intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay any fee due under this chapter is guilty of a misdemeanor.
[ 2005 c 354 § 4. Formerly RCW 70.95.515.]
NOTES:
Finding—Intent—Severability—Effective date—2005 c 354: See notes following RCW 70A.205.405.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.415 - Waste tire removal account.

RCW 70A.205.415
Waste tire removal account.
The waste tire removal account is created in the state treasury. Expenditures from the account may be used for the cleanup of unauthorized waste tire piles, measures that prevent future accumulation of unauthorized waste tire piles, and road wear related maintenance on state and local public highways. During the 2007-2009 fiscal biennium, the legislature may transfer from the waste tire removal account to the motor vehicle fund such amounts as reflect the excess fund balance of the waste tire removal account. During the 2021-2023 fiscal biennium, appropriations from the waste tire removal account may be made for the department of transportation to address the risks to safety and public health associated with homeless encampments on department owned rights-of-way.
[ 2022 c 186 § 705; 2009 c 261 § 3; 2007 c 518 § 708; 2005 c 354 § 3. Formerly RCW 70.95.521.]
NOTES:
Effective date—2022 c 186: See note following RCW 47.01.071.
Intent—2009 c 261: See note following RCW 70A.205.405.
Severability—Effective date—2007 c 518: See notes following RCW 46.68.170.
Finding—Intent—Severability—Effective date—2005 c 354: See notes following RCW 70A.205.405.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.420 - Waste tire removal account—Use—Information required to be posted to department's website.

RCW 70A.205.420
Waste tire removal account—Use—Information required to be posted to department's website.
(1) Moneys in the waste tire removal account may be appropriated to the department of ecology:
(a) To provide for funding to state and local governments for the removal of discarded vehicle tires from unauthorized tire dump sites; and
(b) To accomplish the other purposes of RCW 70A.205.010 as they relate to waste tire cleanup under this chapter.
(2) In spending funds in the account under this section, the department shall identify communities with the most severe problems with waste tires and provide funds first to those communities to remove accumulations of waste tires.
(3) The department shall provide on its website a summary of state and local government efforts funded using the waste tire removal account, a list of authorized waste tire storage sites and transporters, and tire recycling and reuse rates in the state for each calendar year.
[ 2020 c 20 § 1191; 2014 c 76 § 6; 2009 c 261 § 5; 2005 c 354 § 5; 1988 c 250 § 1; 1985 c 345 § 7. Formerly RCW 70.95.530.]
NOTES:
Intent—2009 c 261: See note following RCW 70A.205.405.
Finding—Intent—Severability—Effective date—2005 c 354: See notes following RCW 70A.205.405.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.425 - Waste tire removal account—Use of moneys—Transfer of any balance in excess of one million dollars to the motor vehicle fund.

RCW 70A.205.425
Waste tire removal account—Use of moneys—Transfer of any balance in excess of one million dollars to the motor vehicle fund.
(1) All receipts from tire fees imposed under RCW 70A.205.405, except as provided in subsection (2) of this section, must be deposited in the waste tire removal account created under RCW 70A.205.415. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the cleanup of unauthorized waste tire piles and measures that prevent future accumulation of unauthorized waste tire piles.
(2) On September 1st of odd-numbered years, the state treasurer must transfer any cash balance in excess of one million dollars from the waste tire removal account created under RCW 70A.205.415 to the motor vehicle fund for the purpose of road wear related maintenance on state and local public highways.
[ 2020 c 20 § 1192; 2017 3rd sp.s. c 25 § 10; 2010 c 247 § 704; 2009 c 261 § 4. Formerly RCW 70.95.532.]
NOTES:
Effective date—2010 c 247: See note following RCW 43.19.642.
Intent—2009 c 261: See note following RCW 70A.205.405.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.430 - Disposition of fee.

RCW 70A.205.430
Disposition of fee.
(1) Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain ten percent of the collected one dollar fee. The moneys retained may be used for costs associated with the proper management of the waste vehicle tires by the retailer.
(2) The department of ecology will administer the funds for the purposes specified in RCW 70A.205.010(6) including, but not limited to:
(a) Making grants to local governments for pilot demonstration projects for on-site shredding and recycling of tires from unauthorized dump sites;
(b) Grants to local government for enforcement programs;
(c) Implementation of a public information and education program to include posters, signs, and informational materials to be distributed to retail tire sales and tire service outlets;
(d) Product marketing studies for recycled tires and alternatives to land disposal.
[ 2020 c 20 § 1193; 1989 c 431 § 93. Formerly RCW 70.95.535.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.435 - Cooperation with department to aid tire recycling.

RCW 70A.205.435
Cooperation with department to aid tire recycling.
To aid in the statewide tire recycling campaign, the legislature strongly encourages various industry organizations which are active in resource recycling efforts to provide active cooperation with the department of ecology so that additional technology can be developed for the tire recycling campaign.
[ 1985 c 345 § 9. Formerly RCW 70.95.540.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.205 - Solid Waste Management—Reduction and Recycling. › 70A.205.440 - Waste tires—Definitions.

RCW 70A.205.440
Waste tires—Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.205.445 through 70A.205.455.
(1) "Storage" or "storing" means the placing of more than eight hundred waste tires in a manner that does not constitute final disposal of the waste tires.
(2) "Transportation" or "transporting" means picking up or transporting waste tires for the purpose of storage or final disposal.
(3) "Waste tires" means tires that are no longer suitable for their original intended purpose because of wear, damage, or defect.
[ 2020 c 20 § 1194; 1988 c 250 § 3. Formerly RCW 70.95.550.]