reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.150 - Advanced financial support payments.

RCW 36.57A.150
Advanced financial support payments.
Counties that have established a county transportation authority pursuant to chapter 36.57 RCW and public transportation benefit areas that have been established pursuant to this chapter are eligible to receive a one-time advanced financial support payment from the state to assist in the development of the initial comprehensive transit plan required by RCW 36.57.070 and 36.57A.060. The amount of this support payment is established at one dollar per person residing within each county or public transportation benefit area, as determined by the office of financial management, but no single payment shall exceed fifty thousand dollars. Repayment of an advanced financial support payment shall be made to the public transportation account in the general fund or, if such account does not exist, to the general fund by each agency within two years of the date such advanced payment was received. Such repayment shall be waived within two years of the date such advanced payment was received if the voters in the appropriate counties or public transportation benefit areas do not elect to levy and collect taxes enabled under authority of this chapter and RCW 35.95.040 and 82.14.045. The state department of transportation shall provide technical assistance in the preparation of local transit plans, and administer the advanced financial support payments authorized by this section.
[ 1985 c 6 § 6; 1979 c 151 § 41; 1975 1st ex.s. c 270 § 25.]
NOTES:
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.160 - Dissolution and liquidation.

RCW 36.57A.160
Dissolution and liquidation.
A public transportation benefit area established pursuant to this chapter may be dissolved and its affairs liquidated when so directed by a majority of persons in the benefit area voting on such question. An election placing such question before the voters may be called in the following manner:
(1) By resolution of the public transportation benefit area authority;
(2) By resolution of the county legislative body or bodies with the concurrence therein by resolution of the city council of a component city; or
(3) By petition calling for such election signed by at least ten percent of the qualified voters residing within the area filed with the auditor of the county wherein the largest portion of the public transportation benefit area is located. The auditor shall examine the same and certify to the sufficiency of the signatures thereon: PROVIDED, That to be validated, signatures must have been collected within a ninety day period as designated by the petition sponsors.
Any dissolution of a public transportation benefit area authority shall be carried out in accordance with the procedures in chapter 53.48 RCW. Any remaining deficit of the authority determined pursuant to RCW 53.48.080 shall be paid from the moneys collected from the tax source under which the authority operated.
[ 1977 ex.s. c 44 § 5; 1975 1st ex.s. c 270 § 26.]
NOTES:
Severability—Effective date—1977 ex.s. c 44: See notes following RCW 36.57A.030.
Severability—Effective date—1975 1st ex.s. c 270: See notes following RCW 35.58.272.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.180 - Public transportation for persons with special needs.

RCW 36.57A.180
Public transportation for persons with special needs.
(1) Effective January 1, 2001, in addition to any other authority granted under this chapter, a newly formed public transportation benefit area, or an existing public transportation benefit area that has not yet successfully submitted an authorizing proposition to the voters under RCW 82.14.045, may purchase, acquire, maintain, operate, or lease transportation services, equipment, and facilities for public transportation limited only to persons with special needs by any method or combination of methods provided by the area authority.
(2) As used in this section, "persons with special needs" means those persons, including their personal attendants, who because of physical or mental disability, income status, or age are unable to transport themselves or purchase transportation.
(3) The public transportation benefit area may fix, regulate, and control fares and rates to be charged for these transportation services.
[ 2001 c 89 § 2.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.191 - Maintenance plan.

RCW 36.57A.191
Maintenance plan.
As a condition of receiving state funding, a public transportation benefit area authority shall submit a maintenance and preservation management plan for certification by the department of transportation. The plan must inventory all transportation system assets within the direction and control of the authority, and provide a preservation plan based on lowest life-cycle cost methodologies.
[ 2006 c 334 § 9; 2003 c 363 § 304.]
NOTES:
Effective date—2006 c 334: See note following RCW 47.01.051.
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.200 - Passenger-only ferry service—Authorized—Investment plan.

RCW 36.57A.200
Passenger-only ferry service—Authorized—Investment plan.
A public transportation benefit area having a boundary located on Puget Sound may provide passenger-only ferry service. For the purposes of this chapter and RCW 82.14.440 and 82.80.130, Puget Sound is considered as extending north as far as the Canadian border and west as far as Port Angeles. Before a benefit area may provide passenger-only ferry service, it must develop a passenger-only ferry investment plan including elements to operate or contract for the operation of passenger-only ferry services, purchase, lease, or rental of ferry vessels and dock facilities for the provision of transit service, and identify other activities necessary to implement the plan. The plan must set forth terminal locations to be served, projected costs of providing services, and revenues to be generated from tolls, locally collected tax revenues, and other revenue sources. The plan must ensure that services provided under the plan are for the benefit of the residents of the benefit area. The benefit area may use any of its powers to carry out this purpose, unless otherwise prohibited by law. In addition, the public transportation benefit area may enter into contracts and agreements to operate passenger-only ferry service and public-private partnerships and design-build, general contractor/construction management, or other alternative procurement process substantially consistent with chapter 39.10 RCW.
[ 2003 c 83 § 201.]
NOTES:
Findings—Intent—2003 c 83: "The legislature finds that passenger-only ferry service is a key element to the state's transportation system and that it is in the interest of the state to ensure provision of such services. The legislature further finds that diminished state transportation resources require that regional and local authorities be authorized to develop, operate, and fund needed services.
The legislature recognizes that if the state eliminates passenger-only ferry service on one or more routes, it should provide an opportunity for locally sponsored service and the department of transportation should assist in this effort.
It is the intent of the legislature to encourage interlocal agreements to ensure passenger-only ferry service is reinstated on routes that the Washington state ferry system eliminates." [ 2003 c 83 § 101.]
Captions, part headings not law—2003 c 83: "Captions and part headings used in this act are not part of the law." [ 2003 c 83 § 401.]
Severability—2003 c 83: "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." [ 2003 c 83 § 402.]
Effective date—2003 c 83: "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 immediately [April 23, 2003]." [ 2003 c 83 § 403.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.210 - Passenger-only ferry service—Taxes, fees, and tolls.

RCW 36.57A.210
Passenger-only ferry service—Taxes, fees, and tolls.
(1) A public transportation benefit area may, as part of a passenger-only ferry investment plan, recommend some or all of the following revenue sources as provided in this chapter:
(a) A motor vehicle excise tax, as provided in RCW 82.80.130;
(b) A sales and use tax, as provided in RCW 82.14.440;
(c) Tolls for passengers and packages and, where applicable, parking; and
(d) Charges or licensing fees for advertising, leasing space for services to ferry passengers, and other revenue-generating activities.
(2) Taxes may not be imposed without an affirmative vote of the majority of the voters within the boundaries of the area voting on a single ballot proposition to both approve a passenger-only ferry investment plan and to approve taxes to implement the plan. Revenues from these taxes and fees may be used only to implement the plan and must be used for the benefit of the residents of the benefit area. A district may contract with the state department of revenue or other appropriate entities for administration and collection of any of the taxes or charges authorized in this section.
[ 2003 c 83 § 202.]
NOTES:
Findings—Intent—Captions, part headings not law—Severability—Effective date—2003 c 83: See notes following RCW 36.57A.200.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.215 - Ferry terminal easement.

RCW 36.57A.215
Ferry terminal easement.
(1) A public transportation benefit area may obtain an easement for ferry terminal or docking facilities on, over, or across the beds of navigable waters that are under the jurisdiction of the department of natural resources. However, no easement payments are required for the easement.
(2) A public transportation benefit area may obtain an easement for ferry terminal or docking facilities on, over, or across harbor areas only when the areas are approved by the harbor line commission as a public place for public landings, wharves, or other public conveniences of commerce or navigation. No easement payments are required for the easement.
[ 2023 c 146 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.220 - Passenger-only ferry service between Kingston and Seattle.

RCW 36.57A.220
Passenger-only ferry service between Kingston and Seattle.
A public transportation benefit area seeking grant funding as described in *RCW 47.01.350 for a passenger-only ferry route between Kingston and Seattle shall first receive approval from the governor after submitting a complete business plan to the governor and the legislature by November 1, 2007. The business plan must, at a minimum, include hours of operation, vessel needs, labor needs, proposed routes, passenger terminal facilities, passenger rates, anticipated federal and local funding, coordination with the Washington state ferry system, coordination with existing transit providers, long-term operation and maintenance needs, and a long-term financial plan.
[ 2007 c 223 § 1; 2006 c 332 § 8.]
NOTES:
*Reviser's note: RCW 47.01.350 was repealed by 2017 3rd sp.s. c 25 § 39.
Effective date—2007 c 223: "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 immediately [April 27, 2007]." [ 2007 c 223 § 11.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.224 - Passenger-only ferry service districts—Revenue.

RCW 36.57A.224
Passenger-only ferry service districts—Revenue.
(1) A passenger-only ferry service district may, as part of a passenger-only ferry investment plan, recommend some or all of the following revenue sources as provided in this chapter:
(a) A sales and use tax, as authorized in RCW 82.14.445;
(b) A parking tax, as authorized in RCW 82.80.035;
(c) Tolls for passengers, packages, and, where applicable, parking; and
(d) Charges or licensing fees for advertising, leasing space for services to ferry passengers, and other revenue generating activities.
(2) Taxes may not be imposed without an affirmative vote of the majority of the voters within the boundaries of the passenger-only ferry service district voting on a single ballot proposition to both approve a passenger-only ferry investment plan and to approve taxes to implement the plan. Revenues from these taxes and fees may be used only to implement the plan and must be used for the benefit of the residents of the passenger-only ferry service district. A district must contract with the department of revenue for the administration and collection of a sales and use tax as authorized in RCW 82.14.445. A district may contract with other appropriate entities for the administration and collection of any of the other taxes or charges authorized in this section.
[ 2015 3rd sp.s. c 44 § 314.]
NOTES:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.226 - Passenger-only ferry service districts—Issuance of bonds.

RCW 36.57A.226
Passenger-only ferry service districts—Issuance of bonds.
(1) To carry out the purposes of this chapter, a passenger-only ferry service district may issue general obligation bonds, not to exceed an amount, together with any other outstanding nonvoter-approved general obligation indebtedness, equal to one and one-half percent of the value of the taxable property within the area, as the term "value of the taxable property" is defined in RCW 39.36.015. A passenger-only ferry service district may also issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to five percent of the value of the taxable property within the area, as the term "value of the taxable property" is defined in RCW 39.36.015, when authorized by the voters of the area pursuant to Article VIII, section 6 of the state Constitution.
(2) General obligation bonds with a maturity in excess of twenty-five years may not be issued. The governing body of the passenger-only ferry service district must by resolution determine for each general obligation bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued, or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to fund specific projects or enterprises that generate revenues, charges, user fees, or special assessments, the passenger-only ferry service district may specifically pledge all or a portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. The passenger-only ferry service district may also pledge any other revenues that may be available to the district.
(4) In addition to general obligation bonds, a passenger-only ferry service district may issue revenue bonds to be issued and sold in accordance with chapter 39.46 RCW.
[ 2015 3rd sp.s. c 44 § 317.]
NOTES:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.230 - Public transportation fares—Proof of payment—Civil infractions.

RCW 36.57A.230
Public transportation fares—Proof of payment—Civil infractions.
(1) Persons traveling on public transportation operated by a public transportation benefit area shall pay the fare established by the public transportation benefit area and shall produce proof of payment in accordance with the terms of use established by the public transportation benefit area. Such persons shall produce proof of payment when requested by a person designated to monitor fare payment. The required manner of producing proof of payment specified in the terms of use established by the public transportation benefit area may include, but is not limited to, requiring a person using an electronic fare payment card to validate the card by presenting the card to an electronic card reader before or upon entering a public transportation vehicle or a restricted fare paid area.
(2) The following constitute civil infractions punishable according to the schedule of fines and penalties established by a public transportation benefit area under RCW 36.57A.235:
(a) Failure to pay the required fare, except when a public transportation benefit area fails to meet the requirements of subsection (3) of this section;
(b) Failure to produce proof of payment in the manner required by the terms of use established by the public transportation benefit area including, but not limited to, the failure to produce a validated fare payment card when requested to do so by a person designated to monitor fare payment; and
(c) Failure to depart the bus or other mode of public transportation when requested to do so by a person designated to monitor fare payment.
(3) If fare payment is required before entering a transit vehicle, as defined in RCW 9.91.025(2)(b), or before entering a fare paid area in a transit facility, as defined in RCW 9.91.025(2)(a), signage must be conspicuously posted at the place of boarding or within ten feet of the nearest entrance to a transit facility that clearly indicates: (a) The locations where tickets or fare media may be purchased; and (b) that a person using an electronic fare payment card must present the card to an electronic card reader before entering a transit vehicle or before entering a restricted fare paid area.
[ 2012 c 68 § 2; 2008 c 123 § 6.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.235 - Public transportation fares—Schedule of fines and penalties—Who may monitor fare payment—Administration of citations.

RCW 36.57A.235
Public transportation fares—Schedule of fines and penalties—Who may monitor fare payment—Administration of citations.
(1) A public transportation benefit area may establish, by resolution, a schedule of fines and penalties for civil infractions established in RCW 36.57A.230. Fines established shall not exceed those imposed for class 1 infractions under RCW 7.80.120.
(2)(a) A public transportation benefit area may designate persons to monitor fare payment who are equivalent to, and are authorized to exercise all the powers of, an enforcement officer as defined in RCW 7.80.040. A public transportation benefit area may employ personnel to either monitor fare payment or contract for such services, or both.
(b) In addition to the specific powers granted to enforcement officers under RCW 7.80.050 and 7.80.060, persons designated to monitor fare payment may also take the following actions:
(i) Request proof of payment from passengers;
(ii) Request personal identification from a passenger who does not produce proof of payment when requested;
(iii) Issue a citation conforming to the requirements established in RCW 7.80.070; and
(iv) Request that a passenger leave the bus or other mode of public transportation when the passenger has not produced proof of payment after being asked to do so by a person designated to monitor fare payment.
(3) A public transportation benefit area shall keep records of citations in the manner prescribed by RCW 7.80.150. All civil infractions established by this section and RCW 36.57A.230 and 36.57A.240 shall be heard and determined by a district court as provided in RCW 7.80.010 (1) and (4).
[ 2008 c 123 § 7.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.240 - Public transportation fares—Powers of law enforcement authorities.

RCW 36.57A.240
Public transportation fares—Powers of law enforcement authorities.
RCW 36.57A.230 and 36.57A.235 do not prevent law enforcement authorities from prosecuting for theft, trespass, or other charges by any individual who:
(1) Fails to pay the required fare on more than one occasion within a twelve-month period;
(2) Fails to timely select one of the options for responding to the notice of civil infraction after receiving a statement of the options for responding to the notice of infraction and the procedures necessary to exercise these options; or
(3) Fails to depart the bus or other mode of public transportation when requested to do so by a person designated to monitor fare payment.
[ 2008 c 123 § 8.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.245 - Public transportation fares—Powers and authority are supplemental to other laws.

RCW 36.57A.245
Public transportation fares—Powers and authority are supplemental to other laws.
The powers and authority conferred by RCW 36.57A.230 through 36.57A.240 shall be construed as in addition and supplemental to powers or authority conferred by any other law, and nothing contained therein shall be construed as limiting any other powers or authority of any public agency.
[ 2008 c 123 § 9.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.250 - Supplemental transportation improvements.

RCW 36.57A.250
Supplemental transportation improvements.
If the legislative authority of a city provides or contracts for supplemental transportation improvements, as described in RCW 35.21.925 or under chapter 36.73 RCW, a public transportation benefit area serving the city or border jurisdictions shall coordinate its services with the supplemental transportation improvements to maximize efficiencies in public transportation services within and across service boundaries.
[ 2010 c 251 § 5.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.57A - Public Transportation Benefit Areas. › 36.57A.260 - Green electrolytic hydrogen and renewable hydrogen—Power to produce, distribute, and use.

RCW 36.57A.260
Green electrolytic hydrogen and renewable hydrogen—Power to produce, distribute, and use.
(1) A public transportation benefit area authority may:
(a) Produce, distribute, and use green electrolytic hydrogen and renewable hydrogen for internal operations;
(b) Produce, distribute for sale, or sell green electrolytic hydrogen and renewable hydrogen at wholesale or to an end-use customer; and
(c)(i) Sell green electrolytic hydrogen and renewable hydrogen at wholesale or to an end-use customer to or through facilities that distribute, compress, store, liquefy, or dispense green electrolytic hydrogen or renewable hydrogen for end use as a transportation fuel.
(ii) For the purposes of (c)(i) of this subsection, public transportation benefit areas may own, operate, or own and operate pipelines or dispensing facilities for green electrolytic hydrogen or renewable hydrogen for end use as a transportation fuel if all such pipelines and dispensing facilities are: (A) Located in the area where the public transportation benefit area is authorized to provide public transportation service; (B) located within the county where the public transportation benefit area is authorized to provide public transportation service and are service connected; or (C) located within the county where the public transportation benefit area is authorized to provide public transportation service and are pursuant to a partnership or agreement with one or more public or private partners.
(2) Nothing in this section authorizes a public transportation benefit area to sell green electrolytic hydrogen or renewable hydrogen delivered by pipeline to an end-use customer of a gas company.
(3) Nothing in this section subjects public transportation benefit areas to the jurisdiction of the utilities and transportation commission, except that the utilities and transportation commission may administer and enforce state and federal pipeline safety requirements, as authorized in chapter 81.88 RCW, including applicable fees payable to the utilities and transportation commission.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Green electrolytic hydrogen" has the same meaning provided in RCW 54.04.190.
(b) "Renewable hydrogen" has the same meaning provided in RCW 54.04.190.
(c) "Gas company" has the same meaning provided in RCW 80.04.010.
[ 2023 c 234 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.010 - Acquisition of solid waste or recyclable materials sites authorized.

RCW 36.58.010
Acquisition of solid waste or recyclable materials sites authorized.
Any county legislative authority may acquire by purchase or by gift, dedication, or donation, sites for the use of the public in disposing of solid waste or recyclable materials. However, no county legislative authority shall be authorized to require any retail enterprise engaged in the sale of consumer-packaged products to locate or place a public solid waste collection site or buy-back center upon or within a certain distance of the retail establishment as a condition of engaging in the sale of consumer-packaged products.
[ 1989 c 431 § 52; 1963 c 4 § 36.58.010. Prior: 1943 c 87 § 1; Rem. Supp. 1943 § 6294-150.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.020 - Rules and regulations as to use—Penalty.

RCW 36.58.020
Rules and regulations as to use—Penalty.
Any board of county commissioners may make such rules and regulations as may be deemed necessary for the use and occupation of such sites, and may provide for the maintenance and care thereof. Any person violating any of the rules and regulations made by the board relating to the use or occupation of any site owned or occupied by the county for garbage disposal purposes shall be guilty of a misdemeanor.
[ 1963 c 4 § 36.58.020. Prior: 1943 c 87 § 2; Rem. Supp. 1943 § 6294-151.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.030 - "Transfer station" defined.

RCW 36.58.030
"Transfer station" defined.
As used in RCW 36.58.030 through 36.58.060, the term "transfer station" means a staffed, fixed supplemental facility used by persons and route collection vehicles to deposit solid wastes into transfer trailers for transportation to a disposal site. This does not include detachable containers, except in counties with a population of less than seventy thousand, and in any county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand that is located east of the crest of the Cascade mountain range, where detachable containers shall be securely fenced, staffed by an attendant during all hours when the detachable container is open to the public, charge a tipping fee that shall cover the cost of providing and for use of the service, and shall be operated as a transfer station.
[ 1991 c 363 § 74; 1989 c 431 § 27; 1975-'76 2nd ex.s. c 58 § 1.]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.045 - County may impose fee upon solid waste collection services—Revenue to fund compliance with comprehensive solid waste management plan.

RCW 36.58.045
County may impose fee upon solid waste collection services—Revenue to fund compliance with comprehensive solid waste management plan.
(1) The legislative authority of any county may impose a fee upon the solid waste collection services of a solid waste collection company operating within the unincorporated areas of the county, to fund the administration and planning expenses that may be incurred by the county in complying with the requirements in RCW 70A.205.045. The fee may be in addition to any other solid waste services fees and charges a county may legally impose.
(2) Each county imposing the fee authorized by this section shall notify the Washington utilities and transportation commission and the affected solid waste collection companies of the amount of the fee ninety days prior to its implementation.
[ 2020 c 20 § 1023; 1989 c 431 § 15.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.050 - Solid waste disposal—Transfer stations.

RCW 36.58.050
Solid waste disposal—Transfer stations.
When a comprehensive solid waste plan, as provided in RCW 70A.205.040, incorporates the use of transfer stations, such stations shall be considered part of the disposal site and as such, along with the transportation of solid wastes between disposal sites, shall be exempt from regulation by the Washington utilities and transportation commission as provided in chapter 81.77 RCW.
Each county may enter into contracts for the hauling of trailers of solid wastes from these transfer stations to disposal sites and return either by (1) the normal bidding process, or (2) negotiation with the qualified collection company servicing the area under authority of chapter 81.77 RCW.
[ 2020 c 20 § 1024; 1975-'76 2nd ex.s. c 58 § 3.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.060 - Solid waste disposal—Ownership of solid wastes—Responsibility for handling.

RCW 36.58.060
Solid waste disposal—Ownership of solid wastes—Responsibility for handling.
Ownership of solid wastes shall be vested in the person or local jurisdiction managing disposal and/or resource recovery facilities upon the arrival of said solid wastes at said facility: PROVIDED, That the original owner retains ownership of the solid wastes until they arrive at the disposal site or transfer station or detachable container, and the original owner has the right of recovery to any valuable items inadvertently discarded: PROVIDED FURTHER, That the person or agency providing the collection service shall be responsible for the proper handling of the solid wastes from the point of collection to the disposal or recovery facility.
[1975-'76 2nd ex.s. c 58 § 4.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.080 - County solid waste facilities—Exempt from municipal taxes—Charges to mitigate impacts—Negotiation and arbitration.

RCW 36.58.080
County solid waste facilities—Exempt from municipal taxes—Charges to mitigate impacts—Negotiation and arbitration.
County-owned solid waste facilities shall not be subject to any tax or excise imposed by any city or town. Cities or towns may charge counties to mitigate impacts directly attributable to the solid waste facility: PROVIDED, That any city or town establishes that such charges are reasonably necessary to mitigate such impacts and that revenue generated from such charges is expended only to mitigate such impacts. Impacts resulting from commercial and residential solid waste collection within any city or town shall not be considered to be directly attributable to the solid waste facility. In the event that no agreement can be reached between the city or town and the county following a reasonable period of good faith negotiations, including mediation where appropriate, the matter shall be resolved by a board of arbitrators, to be convened at the request of either party, such board of arbitrators to consist of a representative from the city or town involved, a representative of the county, and a third representative to be appointed by the other two representatives. If no agreement can be reached with regard to said third representative, the third representative shall be appointed by a judge of the superior court of the county of the jurisdiction owning the solid waste facility. The determination by the board of arbitrators of the sum to be paid by the county shall be binding on all parties. Each party shall pay the costs of their individual representatives on the board of arbitrators and they shall pay one-half of the cost of the third representative.
[ 1983 c 171 § 1; 1982 c 175 § 8.]
NOTES:
Severability—1982 c 175: See note following RCW 36.58.100.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.100 - Solid waste disposal district—Authorized—Boundaries—Powers—Governing body.

RCW 36.58.100
Solid waste disposal district—Authorized—Boundaries—Powers—Governing body.
The legislative authority of any county with a population of less than one million is authorized to establish one or more solid waste disposal districts within the county for the purpose of providing and funding solid waste disposal services. No solid waste disposal district may include any area within the corporate limits of a city or town unless the city or town governing body adopts a resolution approving inclusion of the area within its limits. The county legislative authority may modify the boundaries of the solid waste disposal district by the same procedure used to establish the district. A solid waste disposal district may be dissolved by the county legislative authority after holding a hearing as provided in RCW 36.58.110.
As used in RCW 36.58.100 through 36.58.150 the term "county" includes all counties other than a county with a population of one million or more.
A solid waste disposal district is a quasi-municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
A solid waste disposal district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute: PROVIDED, That a solid waste disposal district shall not have the power of eminent domain.
The county legislative authority shall be the governing body of a solid waste disposal district. The electors of a solid waste disposal district shall be all registered voters residing within the district.
[ 1991 c 363 § 75; 1982 c 175 § 1.]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Severability—1982 c 175: "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." [ 1982 c 175 § 9.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.110 - Solid waste disposal district—Establishment, modification, or dissolution—Hearing—Notice.

RCW 36.58.110
Solid waste disposal district—Establishment, modification, or dissolution—Hearing—Notice.
A county legislative authority proposing to establish a solid waste disposal district or to modify or dissolve an existing solid waste disposal district shall conduct a hearing at the time and place specified in a notice published at least once not less than ten days prior to the hearing in a newspaper of general circulation within the proposed solid waste disposal district. This notice shall be in addition to any other notice required by law to be published. Additional notice of such hearing may be given by mail, posting within the proposed solid waste disposal district, or in any manner local authorities deem necessary to notify affected persons. All hearings shall be public and the county legislative authority shall hear objections from any person affected by the formation, modification, or dissolution of the solid waste disposal district and make such changes in the boundaries of the district or any other modifications that the county legislative authority deems necessary.
[ 1982 c 175 § 2.]
NOTES:
Severability—1982 c 175: See note following RCW 36.58.100.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.120 - Solid waste disposal district—Establishment—Ordinance.

RCW 36.58.120
Solid waste disposal district—Establishment—Ordinance.
No solid waste disposal district shall be established within a county unless the county legislative authority determines, following a hearing held pursuant to RCW 36.58.110, that it is in the public interest to form the district and the county legislative authority adopts an ordinance creating the solid waste disposal district and establishing its boundaries.
[ 1982 c 175 § 3.]
NOTES:
Severability—1982 c 175: See note following RCW 36.58.100.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.130 - Solid waste disposal district—Powers—Restrictions—Fees.

RCW 36.58.130
Solid waste disposal district—Powers—Restrictions—Fees.
A solid waste disposal district may provide for all aspects of disposing of solid wastes. All moneys received by a solid waste disposal district shall be used exclusively for district purposes. Nothing in this chapter shall permit waste disposal districts to engage in the collection of residential or commercial garbage.
A solid waste disposal district shall perform all construction in excess of twenty-five thousand dollars by contract let pursuant to RCW 36.32.250.
A solid waste disposal district may collect disposal fees based exclusively upon utilization by weight or volume for accepting solid wastes at a disposal site or transfer station. The county may transfer moneys to a solid waste disposal district to be used for district purposes.
[ 1982 c 175 § 4.]
NOTES:
Severability—1982 c 175: See note following RCW 36.58.100.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.140 - Solid waste disposal district—Excise tax—Lien for delinquent taxes and penalties.

RCW 36.58.140
Solid waste disposal district—Excise tax—Lien for delinquent taxes and penalties.
A solid waste disposal district may levy and collect an excise tax on the privilege of living in or operating a business in a solid waste disposal taxing district sufficient to fund its solid waste disposal activities: PROVIDED, That any property which is producing commercial garbage shall be exempt if the owner is providing regular collection and disposal. The excise tax shall be billed and collected at times and in the manner fixed and determined by the solid waste disposal district. Penalties for failure to pay the tax on time may be provided for. A solid waste disposal district shall have a lien for delinquent taxes and penalties, plus an interest rate equal to the interest rate for delinquent property taxes. The lien shall be attached to each parcel of property in the district that is occupied by the person so taxed and shall be superior to all other liens and encumbrances except liens for property taxes.
The solid waste disposal district shall periodically certify the delinquencies to the county treasurer at which time the lien shall be attached. The lien shall be foreclosed in the same manner as the foreclosure of real property taxes.
[ 1982 c 175 § 5.]
NOTES:
Severability—1982 c 175: See note following RCW 36.58.100.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.150 - Solid waste disposal district—Excess levies authorized—General obligation and revenue bonds.

RCW 36.58.150
Solid waste disposal district—Excess levies authorized—General obligation and revenue bonds.
(1) A solid waste disposal district shall not have the power to levy an annual levy without voter approval, but it shall have the power to levy a tax, in excess of the one percent limitation, upon the property within the district for a one year period to be used for operating or capital purposes whenever authorized by the electors of the district pursuant to RCW 84.52.052 and Article VII, section 2(a) of the state Constitution.
A solid waste disposal district may issue general obligation bonds for capital purposes only, subject to the limitations prescribed in RCW 39.36.020(1), and may provide for the retirement of the bonds by voter-approved bond retirement tax levies pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.52.056. Such general obligation bonds shall be issued and sold in accordance with chapter 39.46 RCW.
A solid waste disposal district may issue revenue bonds to fund its activities. Such revenue bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such revenue bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1984 c 186 § 25; 1983 c 167 § 71; 1982 c 175 § 6.]
NOTES:
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—1982 c 175: See note following RCW 36.58.100.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58 - Solid Waste Disposal. › 36.58.160 - Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.

RCW 36.58.160
Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.
Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation.
[ 1989 c 431 § 34.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58A - Solid Waste Collection Districts. › 36.58A.010 - Authorized—Conditions—Modification or dissolution of district.

RCW 36.58A.010
Authorized—Conditions—Modification or dissolution of district.
Any county legislative authority may establish solid waste collection districts within the county boundaries for the mandatory collection of solid waste: PROVIDED, That no such district shall include any area within the corporate limits of any city or town without the consent of the legislative authority of the city or town. Such districts may be established only after approval of a coordinated, comprehensive solid waste management plan adopted pursuant to chapter 134, Laws of 1969 ex. sess. and chapter 70A.205 RCW or pursuant to another solid waste management plan adopted prior to May 21, 1971 or within one year thereafter. The legislative authority of the county may modify or dissolve such district after a hearing as provided for in RCW 36.58A.020.
[ 2020 c 20 § 1025; 1971 ex.s. c 293 § 2.]
NOTES:
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58A - Solid Waste Collection Districts. › 36.58A.020 - Hearings upon establishing, modification or dissolution of district—Notice—Scope.

RCW 36.58A.020
Hearings upon establishing, modification or dissolution of district—Notice—Scope.
The county legislative authority proposing to establish a solid waste collection district or to modify or dissolve an existing solid waste collection district shall conduct a hearing at the time and place specified in a notice published at least once not less than ten days prior to the hearing in a newspaper of general circulation within the county. Additional notice of such hearing may be given by mail, posting on the property, or in any manner local authorities deem necessary to notify adjacent landowners and the public. All hearings shall be public and the legislative authority shall hear objections from any person affected by the formation of the solid waste collection district and make such changes in the boundaries of the district or any other modifications of plans that the legislative authority deems necessary.
[ 1971 ex.s. c 293 § 3.]
NOTES:
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.58A - Solid Waste Collection Districts. › 36.58A.030 - County legislative authority determination required to establish district—Commission findings as to present services.

RCW 36.58A.030
County legislative authority determination required to establish district—Commission findings as to present services.
No solid waste collection district shall be established in an area within the county boundaries unless the county legislative authority, after the hearing regarding formation of such district, determines from that hearing that mandatory solid waste collection is in the public interest and necessary for the preservation of public health. Such determination by the county legislative authority shall require the utilities and transportation commission to investigate and make a finding as to the ability and willingness of the existing garbage and refuse collection companies servicing the area to provide the required service.
If the utilities and transportation commission finds that the existing garbage and refuse collection company or companies are unable or unwilling to provide the required service it shall proceed to issue a certificate of public need and necessity to any qualified person or corporation in accordance with the provisions of RCW 81.77.040.
The utilities and transportation commission shall notify the county legislative authority within sixty days of its findings and actions and if no qualified garbage and refuse collection company or companies are available in the proposed solid waste collection district, the county legislative authority may provide county garbage and refuse collection services in the area and charge and collect reasonable fees therefor. The county shall not provide service in any portion of the area found by the utilities and transportation commission to be receiving adequate service from an existing certificated carrier unless the county shall acquire the rights of such existing certificated carrier by purchase or condemnation.
[ 1971 ex.s. c 293 § 4.]
NOTES:
Certain provisions not to detract from commission powers, duties, and functions: RCW 80.01.300.