reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part V - USE OF BANK CREDITS › Section 173-700-502 - Use of bank credits outside of the service area

Current through Register Vol. 24-14, July 15, 2024
(1) The department, in consultation with the
				signatories, may authorize the use of credits to compensate for impacts outside
				of the bank's designated service area if the department deems that use to be
				reasonable and environmentally desirable.
(2) Linear projects that contain at least one
				impact within the bank's service area, such as roadways, transmission lines,
				distribution lines, pipelines, or railways, may be eligible to use a bank even
				though not all of the projects' impacts are located within the bank's service
				area. However, the following conditions must be met:
(a) The bank must provide appropriate
				compensation for the impacts; and
(b) The determination to allow use of credits
				for impacts lying outside of a bank's service area must take into consideration
				the elements used in determining the bank's service area.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part VI - COMPLIANCE WITH CERTIFICATION › Section 173-700-600 - Compliance with the terms of certification

Current through Register Vol. 24-14, July 15, 2024
It is the department's goal to ensure that the establishment
				  and operation of a bank is consistent with the terms and conditions of the
				  certification as specified in the instrument. The department may use one or
				  more of the methods in WAC
				  173-700-601 through
				  173-700-603 to gain compliance of
				  certified banks.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-600, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part VI - COMPLIANCE WITH CERTIFICATION › Section 173-700-601 - Remedial actions

Current through Register Vol. 24-14, July 15, 2024
(1) If a bank
				does not attain the required performance standards or meet other requirements
				specified in the instrument or this chapter, the sponsor shall implement
				adaptive management activities. If such activities do not achieve compliance
				within a reasonable time, the department may require remedial actions, which
				may include additional adaptive management activities or other activities
				necessary to achieve compliance.
(2) If the sponsor determines that the bank
				will not attain performance standards, the sponsor shall notify the department
				and the signatories.
(3) Any
				agency, entity, or person may also notify the department if it has supporting
				documentation that a bank site is not successfully meeting the required
				performance standards. The notification must include:
(a) A clear statement of the issue;
(b) Supporting documentation of the problem,
				such as photographic evidence, documentation from field reviews, the submitted
				monitoring report, or the credit release petition; and
(c) Recommendations for remedial actions or
				other alternatives to address the problem.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part VI - COMPLIANCE WITH CERTIFICATION › Section 173-700-602 - Compliance with required remedial actions

Current through Register Vol. 24-14, July 15, 2024
(1) If the sponsor does not complete the
				required remedial actions within the schedule specified by the department, the
				department must send a notice of noncompliance to the sponsor and to the
				signatories.
(2) The sponsor must
				respond in writing to the department within fifteen days of receipt of the
				notice. The response shall include an explanation of why the sponsor has not
				implemented the required remedial actions and a proposed schedule for
				completion.
(3) The department, in
				consultation with interested signatories of the bank, shall determine whether
				the reasons provided by the sponsor constitute extenuating circumstances and
				shall determine whether to extend the schedule for implementing remedial
				actions.
(4) If the department
				determines that the schedule should be extended, the department must notify the
				sponsor in writing.
(5) If the
				department determines that the schedule should not be extended, the department
				must notify the sponsor by certified mail with return receipt requested that it
				intends to proceed with one of the following actions:
(a) Use the posted financial assurances to
				have the required remedial actions completed;
(b) Adjust the total number of potential
				credits at the bank under WAC
				173-700-334; or
(c) Suspend the use and sale of available
				credits at the bank under WAC
				173-700-603.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part VI - COMPLIANCE WITH CERTIFICATION › Section 173-700-603 - Suspension of credit use

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department may suspend the sale of credits to bring a bank into compliance. If
				the department suspends the sale of credits, credits may not be debited until
				the department lifts the suspension and notifies the sponsor in writing that
				credit use may be resumed.
(2) The
				suspension shall include all available credits at a bank.
(3) Use of available credits may be suspended
				if the department determines that:
(a) A bank
				is out of compliance with the terms of its certification and the sponsor has
				not implemented the remedial actions required by the department;
(b) The sponsor has not made reasonable
				efforts to bring the bank into compliance;
(c) There is documented fraudulent use of the
				bank; or
(d) Initial physical and
				biological improvements have not been initiated within one year following the
				initial release of credits, unless the sponsor and signatories agree to a
				longer construction timeline.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part VII - RESPONSIBILITIES AND ROLES › Section 173-700-700 - Role of the interagency review team

Current through Register Vol. 24-14, July 15, 2024
(1) The IRT assists in the development of the
				terms and conditions of the instrument by participating in negotiations with
				the sponsor.
(2) The IRT reviews
				proposed bank certifications and makes recommendations to the
				department.
(3) The IRT assists the
				sponsor in identifying any permits or approvals that may be required from their
				agency.
(4) The IRT ensures that
				certified banks are technically feasible and ecologically
				appropriate.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-700, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part VII - RESPONSIBILITIES AND ROLES › Section 173-700-701 - Role of the signatories

Current through Register Vol. 24-14, July 15, 2024
(1)
				Signatories provide assistance to the department in overseeing the
				establishment and operation of that bank.
(2) Signatories provide input to the
				department on whether a credit release petition should be granted.
(3) Signatories review and provide comments
				to the department on any proposed uses of bank credits that are not consistent
				with the terms of the certification.
(4) Signatories notify the department if they
				determine that the bank is out of compliance with the terms of its
				certification and recommend whether remedial actions are warranted to bring the
				bank into compliance.
(5)
				Signatories must notify the department if they have any comments regarding the
				department's proposed remedial actions required under WAC
				173-700-601.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-701, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part VIII - APPEALS › Section 173-700-800 - Appeals process

Current through Register Vol. 24-14, July 15, 2024
A decision to issue or deny a final certification may be
				  appealed to the pollution control hearings board under chapter 43.21B
				  RCW.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-800, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
These rules are promulgated under
				RCW
				   43.21C.120 (the State Environmental Policy
				Act) and chapter 197-11 WAC (SEPA rules).
Statutory Authority:
				  RCW
				  43.21C.120 and
				  43.21C.135. 84-13-037 (Order DE
				  84-21), § 173-802-010, filed 6/15/84. Formerly chapter 173-801
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-030 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter implements the statewide rules in chapter 197-11
				WAC as they apply to the department of ecology.
Statutory Authority:
				  RCW
				  43.21C.120 and
				  43.21C.135. 84-13-037 (Order DE
				  84-21), § 173-802-030, filed 6/15/84. Formerly chapter 173-801
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-040 - Additional definitions

Current through Register Vol. 24-14, July 15, 2024
In addition to the definitions contained in WAC
				197-11-700 through
				197-11-799, the following terms
				shall have the listed meanings:
(1)
			 "Office" means one of the five offices in the department of ecology supervised
			 by an assistant director.
(2)
			 "Region" means any one of the four regional offices of the
			 department.
(3) "Program" means any
			 one of the department's headquarters sections or divisions that administers a
			 program, such as water quality, water resources, shorelands, and hazardous
			 waste.
Statutory Authority:
				  RCW
				  43.21C.120 and
				  43.21C.135. 84-13-037 (Order DE
				  84-21), § 173-802-040, filed 6/15/84. Formerly chapter 173-801
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-050 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
Within the department of ecology, the ultimate responsible
				official is the director. The responsible official for a specific proposal
				shall be the person who has been delegated signature authority per WAC
				173-06-030, unless more than one person has such authority in a proposal; if
				so, the responsible official shall be either the next higher supervisor common
				to all involved persons, or any senior professional staff designated by the
				deputy director.
Statutory Authority:
				  Chapter
				  43.21A RCW. 89-11-021 and
				  90-07-014 (Order 89-6 and 89-6A), § 173-802-050, filed 5/11/89 and
				  3/13/90, effective 4/13/90. Statutory Authority:
				  RCW
				     43.21C.120 and
				  43.21C.135. 84-13-037 (Order DE
				  84-21), § 173-802-050, filed 6/15/84. Formerly chapter 173-801
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-060 - Additional timing considerations

Current through Register Vol. 24-14, July 15, 2024
(1) Department staff receiving a permit
			 application will determine whether the proposal is an "action" and, if so,
			 whether it is "categorically exempt" from SEPA. If the proposal is an action
			 and is not exempt, the staff person should ask the applicant to complete an
			 environmental checklist. A checklist is not needed if the department and
			 applicant agree an EIS is required, SEPA compliance has been completed, SEPA
			 compliance has been initiated by another agency, or a checklist is included
			 with the application. The applicant should also complete an environmental
			 checklist if the staff person is unsure whether the proposal is
			 exempt.
(2) Department staff
			 receiving a completed permit application and environmental checklist should
			 determine whether WDOE or another agency is SEPA lead agency (see WAC
			 197-11-050 and
			 197-11-922 through
			 197-11-940)  within five working
			 days. If WDOE is not the lead agency, the staff person shall send the completed
			 environmental checklist, a copy of the permit application, to the lead agency,
			 and an explanation of the determination to the identified lead
			 agency.
(3) When the department has
			 prepared a draft regulation, the draft EIS or determination of nonsignificance
			 (DNS) shall accompany the draft regulation to the ecological commission for its
			 review.
(4) If the only nonexempt
			 action is department approval of detailed project plans and specifications, an
			 applicant may request that the department complete SEPA compliance before the
			 applicant submits the detailed plans and specifications. If the applicant asks
			 for early environmental review, the department shall complete such review at
			 the final engineering report stage, but not earlier.
(5) Whenever possible, the department shall
			 coordinate the comment periods for environmental documents and the planning
			 documents and/or regulations for which they were written, circulating both
			 documents together.
Statutory Authority:
				  RCW
				  43.21C.120 and
				  43.21C.135. 84-13-037 (Order DE
				  84-21), § 173-802-060, filed 6/15/84. Formerly chapter 173-801
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-070 - Threshold determination process - Additional considerations

Current through Register Vol. 24-14, July 15, 2024
When reviewing a completed environmental checklist to make the
				threshold determination, the responsible official or his designee will:
(1) Independently evaluate the responses of
			 the applicant and note comments, concerns, corrections, or new information in
			 the right margin of the checklist.
(2) Conduct the initial review of the
			 checklist and any supporting documents without requiring additional information
			 from the applicant.
Statutory Authority:
				  RCW
				  43.21C.120 and
				  43.21C.135. 84-13-037 (Order DE
				  84-21), § 173-802-070, filed 6/15/84. Formerly chapter 173-801
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-080 - Mitigated DNS

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant
			 may ask the department whether issuance of a DS is likely for a proposal. This
			 request for early notice must:
(a) Be
			 written;
(b) Follow submission of a
			 permit application and environmental checklist for a nonexempt proposal for
			 which the department is lead agency; and
(c) Precede the department's actual threshold
			 determination for the proposal.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-090 - EIS preparation

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Preparation of draft and final EISs and SEISs is the responsibility of the
			 environmental review section. Before the department issues an EIS, the
			 responsible official shall be satisfied that it complies with these rules and
			 chapter 197-11 WAC.
(2) The
			 department normally will prepare its own draft and final EISs. It may require
			 an applicant to provide information that the department does not possess,
			 including specific investigations. However, the applicant is not required to
			 supply information that is not required under these rules.
(3) If the department would be unable to
			 prepare a draft and/or final EIS due to its commitments or other constraints or
			 when a local agency transfers lead agency status to the department under WAC
			 197-11-940, the department may
			 allow an applicant the following option for preparation of the draft and/or
			 final EIS for the applicant's proposal:
(a)
			 The department retains a mutually agreed upon and independent outside party to
			 prepare the document.
(b) The
			 applicant and the department agree upon a method of funding in which the
			 applicant will bear the expense of the EIS preparation, but the consultant will
			 work directly for the department.
(c) The outside party will prepare the
			 document under the supervision of the environmental review section and the
			 responsible official.
(d) Normally,
			 the department will print and distribute the documents.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-100 - Public notice requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall give public notice
			 when issuing a DNS under WAC
			 197-11-350(2), a
			 scoping notice under WAC
			 173-802-090, or a draft EIS under
			 WAC 197-11-455.
(2) Whenever possible, the department shall
			 integrate the public notice required under this section with existing notice
			 procedures for the department's permit or approval required for the proposal.
(a) When more than one permit or approval
			 required from the department has public notice requirements, the notice
			 procedures that would reach the widest audience should be used, if
			 possible.
(b) If the public notice
			 requirements for the permit or approval must be completed at a specific time in
			 the permitting process and that timing does not coincide with the timing
			 requirements for SEPA public notice, the department must use one or more public
			 notice methods in subsection (4) of this section.
(c) If there are no public notice
			 requirements for any of the permits/approvals required for a proposal, the
			 department must use one or more public notice methods in subsection (4) of this
			 section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-110 - Policies and procedures for conditioning or denying permits or other approvals

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) The overriding policy of the department
			 of ecology is to avoid or mitigate adverse environmental impacts which may
			 result from the department's decisions.
(b) The department of ecology shall use all
			 practicable means, consistent with other essential considerations of state
			 policy, to improve and coordinate plans, functions, programs, and resources to
			 the end that the state and its citizens may:
(i) Fulfill the responsibilities of each
			 generation as trustee of the environment for succeeding generations;
(ii) Assure for all people of Washington
			 safe, healthful, productive, and aesthetically and culturally pleasing
			 surroundings;
(iii) Attain the
			 widest range of beneficial uses of the environment without degradation, risk to
			 health or safety, or other undesirable and unintended consequences;
(iv) Preserve important historic, cultural,
			 and natural aspects of our national heritage;
(v) Maintain, wherever possible, an
			 environment which supports diversity and variety of individual
			 choice;
(vi) Achieve a balance
			 between population and resource use which will permit high standards of living
			 and a wide sharing of life's amenities; and
(vii) Enhance the quality of renewable
			 resources and approach the maximum attainable recycling of depletable
			 resources.
(c) The
			 department recognizes that each person has a fundamental and inalienable right
			 to a healthful environment and that each person has a responsibility to
			 contribute to the preservation and enhancement of the environment.
(d) The department shall ensure that
			 presently unquantified environmental amenities and values will be given
			 appropriate consideration in decision making along with economic and technical
			 considerations.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-120 - Environmentally sensitive areas

Current through Register Vol. 24-14, July 15, 2024
(1) In
			 determining whether a proposal is exempt from SEPA, the department shall
			 respect "environmentally sensitive area" designations made by local governments
			 under WAC
			 197-11-908.
(2) The department shall maintain files of
			 the maps and SEPA procedures that cities/counties must send to the department
			 under WAC
			 197-11-908. The department shall
			 allow the public, groups, and agencies to review these SEPA procedures and maps
			 during normal business hours.
Statutory Authority:
				  RCW
				  43.21C.120 and
				  43.21C.135. 84-13-037 (Order DE
				  84-21), § 173-802-120, filed 6/15/84. Formerly chapter 173-801
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-130 - Threshold levels adopted by cities/counties

Current through Register Vol. 24-14, July 15, 2024
(1) In determining whether a proposal is
			 exempt from SEPA, the department shall respect the threshold levels adopted by
			 cities/counties under WAC
			 197-11-800(1).
(2) The department shall maintain files of
			 the SEPA procedures that cities/counties must send to the department under WAC
			 197-11-800(1)(c).
			 The department shall allow the public, groups, and agencies access to these
			 SEPA procedures during normal business hours.
Statutory Authority:
				  RCW
				  43.21C.120 and
				  43.21C.135. 84-13-037 (Order DE
				  84-21), § 173-802-130, filed 6/15/84. Formerly chapter 173-801
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-140 - Responsibilities of individuals and work units within the department

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 environmental review section of the department shall be responsible for the
			 following:
(a) Coordinating agency activities
			 to comply with SEPA, encouraging consistency in SEPA compliance among all
			 regions and programs.
(b) Providing
			 information and guidance on SEPA and the SEPA rules to department staff,
			 agencies, groups, and citizens.
(c)
			 Receiving all SEPA documents sent to the department for review and comment,
			 distributing documents and coordinating review with appropriate regions and
			 programs, preparing the department's response, ensuring a timely response, and
			 requesting extensions to the comment period of an EIS, when needed.
(d) Preparing and publishing the SEPA
			 register weekly as required under WAC
			 197-11-508.
(e) Maintaining the department's files for
			 EISs, DNSs, scoping notices, and notices of action sent to the department under
			 SEPA and the SEPA rules.
(f)
			 Maintaining files for the city/county SEPA procedures designating
			 environmentally sensitive areas and flexible thresholds and making the
			 information available to department staff and the public.
(g) Writing and/or coordinating EIS
			 preparation, including scoping and the scoping notice, making sure to work with
			 appropriate regions and programs.
(h) Preparing for, coordinating, and
			 presenting annual SEPA workshops and publishing an annual SEPA
			 handbook.
(i) Publishing and
			 distributing the SEPA rules and amending the SEPA rules, as
			 necessary.
(j) Responding to
			 petitions for changes in exemptions from SEPA.
(k) Responding to petitions to resolve lead
			 agency disputes.
(l) Fulfilling the
			 department's other general responsibilities under SEPA and the SEPA
			 rules.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-150 - Coordination on combined department - Federal action

Current through Register Vol. 24-14, July 15, 2024
When the department is considering an action which also
				involves federal actions, it shall attempt to coordinate the two governmental
				processes so that only one environmental impact statement need be prepared for
				that proposal.
Statutory Authority:
				  RCW
				  43.21C.120 and
				  43.21C.135. 84-13-037 (Order DE
				  84-21), § 173-802-150, filed 6/15/84. Formerly chapter 173-801
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-802 - SEPA procedures › Section 173-802-190 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				person or circumstance is held invalid, the remainder of this chapter, or the
				application of the provision to other persons or circumstances, shall not be
				affected.
Statutory Authority:
				  RCW
				  43.21C.120 and
				  43.21C.135. 84-13-037 (Order DE
				  84-21), § 173-802-190, filed 6/15/84. Formerly chapter 173-801
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part I - GENERAL REQUIREMENTS › Section 173-900-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The Washington
				state legislature has required that a convenient, safe, and environmentally
				sound system for the collection, transportation, and recycling of covered
				electronic products (CEPs) be established throughout Washington state. The
				legislature determined that such a system must encourage the design of
				electronic products that are less toxic and more recyclable and that the
				responsibility for this system must be shared among all stakeholders, with
				manufacturers financing the collection, transportation, and recycling
				system.
(2) This chapter implements
				the Electronic Product Recycling Act, chapter 70.95N RCW. This chapter:
(a) Defines the administrative and
				enforcement responsibilities delegated to the department of ecology;
				and
(b) Describes the processes and
				procedures that ecology will use to carry out those responsibilities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part I - GENERAL REQUIREMENTS › Section 173-900-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to:
(1) Any manufacturer, as defined in this
				chapter.
(2) The authority or
				authorized party for a covered electronic product (CEP) recycling
				plan.
(3) Any person who collects
				covered electronic products (CEPs) in Washington state for a CEP recycling plan
				approved under this chapter.
(4)
				Any person who transports covered electronic products (CEPs) in Washington
				state for a CEP recycling plan approved under this chapter.
(5) Any person who directly processes covered
				electronic products (CEPs) for a CEP recycling plan approved under this
				chapter.
(6) Any retailer that
				offers for sale or sells electronic products and covered electronic products
				(CEPs) in or into Washington state.
(7) Any local government in Washington
				state.
(8) Any nonprofit charitable
				organization that collects covered electronic products (CEPs) in Washington
				state.
(9) Any household, charity,
				school district, small business, or small government (covered entities) in
				Washington state that wants to recycle unwanted covered electronic products
				(CEPs).
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-020, filed 10/5/07, effective 11/5/07. Statutory
					 Authority: Chapter 70.95N RCW. 06-23-040 (Order 06-07), § 173-900-020,
					 filed 11/7/06, effective 12/8/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-200 - Manufacturers who must register and participate in a CEP recycling plan

Current through Register Vol. 24-14, July 15, 2024
(1) The following
				manufacturers must register with ecology and participate in a CEP recycling
				plan:
Table 200 Type of Manufacturer
Type of Manufacturer
Initial
Registration
Due Date
Must be Listed as a Plan Participant
						  By:
Existing manufacturers
Those entities whose CEPs are offered for
						  sale or sold in or into Washington state, as of December 8, 2006.
On or before January 1, 2007.
No later than February 1, 2008.
New manufacturers to Washington
						  state
Those entities whose CEPs are offered for
						  sale or sold in or into Washington state for the first time after December 8,
						  2006.
Prior to the offering for sale of their
						  CEPs in or into WA.
Within thirty days of ecology approving
						  registration.
(2)
				A manufacturer is registered under this chapter when:
(a) Ecology has determined the manufacturer's
				registration form is complete and accurate; and
(b) The manufacturer has paid the required
				administrative fee (see WAC
				173-900-280).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-205 - Manufacturer's brands of CEPs that can be offered for sale or sold in or into Washington state

Current through Register Vol. 24-14, July 15, 2024
(1) In order for a
				manufacturer's brands of CEPs to be offered for sale or sold in or into
				Washington state, the manufacturer's name and brand names must be listed on the
				"manufacturer registration list" as "in compliance" or "pending"
				status.
(2) To be in "in
				compliance" status a manufacturer must:
(a)
As of January 1, 2007:
(i)
				Register annually with ecology;
(ii) Update registration information if it
				changes;
(iii) Label the
				manufacturer's CEPs with the manufacturer's brand name(s) included in the
				manufacturer's registration information.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-210 - Required brand labeling for manufacturers

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning January 1, 2007, no person may
				sell or offer for sale an electronic product to any person in or into
				Washington state unless the electronic product is labeled with the
				manufacturer's brand.
(2) The label
				must be permanently affixed and readily visible.
(3) In-state retailers in possession of
				unlabeled, or white box, electronic products on January 1, 2007, may exhaust
				their stock through sales to the public.
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-210, filed 10/5/07, effective 11/5/07. Statutory
					 Authority: Chapter 70.95N RCW. 06-23-040 (Order 06-07), § 173-900-210,
					 filed 11/7/06, effective 12/8/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-215 - Initial CEP manufacturer registration

Current through Register Vol. 24-14, July 15, 2024
Step 1: Complete the manufacturer registration
				  form.
(1) CEP manufacturers
				must use the online or paper manufacturer registration form provided by
				ecology.
(2) A manufacturer must
				provide all of the following information to ecology:
(a) The name, contact, and billing
				information of the manufacturer;
(b) The manufacturer's brand names of CEPs,
				including:
(i) All brand names sold in
				Washington state in the past, including the years each brand was
				sold;
(ii) All brand names
				currently being sold in Washington state, including the year the manufacturer
				started using the brand name;
(c) All brand names of electronic products
				for which the registrant assembles but does not have legal ownership of the
				brand name placed on the product;
(d) When a word or phrase is used as the
				label, the manufacturer must include that word or phrase and a general
				description of the ways in which it may appear on the manufacturer's electronic
				products;
(e) When a logo, mark, or
				image is used as a label, the manufacturer must include a graphic
				representation of the logo, mark, or image and a general description of the
				logo, mark, or image as it appears on the manufacturer's electronic
				products;
(f) The method or methods
				of sale used in or into Washington state; and
(g) CEP recycling plan participation
				information.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-220 - How manufacturers know if they are registered

Current through Register Vol. 24-14, July 15, 2024
Step 1: Ecology review of the manufacturer registration
				  form.
(1) Within five business
				days of ecology receiving a manufacturer registration form and the required
				administrative fee (see WAC
				173-900-280), ecology will:
(a) Place the manufacturer in "pending"
				status on the "manufacturer registration list"; and
(b) Place the manufacturer's "currently owned
				and manufactured" brand names included on the form on the "manufacturer
				registration list."
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-230 - Annual manufacturer registration

Current through Register Vol. 24-14, July 15, 2024
(1) After initial registration, to remain
				registered, manufacturers must submit a registration form and required
				administrative fee to ecology each year.
(2) Annual registration is due no later than
				January 1 of each calendar year for the next program year.
(3) The manufacturer must submit the annual
				registration form using one of the options below:
(a) Submit the manufacturer's online
				registration form;
(b) Submitting a
				paper version through:
U.S. Postal Service:
Department of Ecology
Electronic Product Recycling
Waste 2 Resources Program
P.O. Box 47600
Olympia, WA 98504-7600
Courier Service:
Department of Ecology
Electronic Product Recycling
Waste 2 Resources Program
300 Desmond Drive
Lacey, WA 98503
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-240 - Updates to manufacturer registration

Current through Register Vol. 24-14, July 15, 2024
(1) If there are any changes to the
				information on the manufacturer's registration approved by ecology, a
				registered manufacturer must submit an updated form within fourteen days of
				when any change occurs.
(2) The
				manufacturer must submit updates using one of the options below:
(a) Updating the manufacturer's registration
				information using the online form;
(b) Submitting a paper version of the form
				with updated information through:
U.S. Postal Service to:
Department of Ecology
Electronic Product Recycling
Waste 2 Resources Program
P.O. Box 47600
Olympia, WA 98504-7600
Courier Service to:
Department of Ecology
Electronic Product Recycling
Waste 2 Resources Program
300 Desmond Drive
Lacey, WA 98503
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-250 - Ecology determination of manufacturer compliance

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning January 1, 2007, ecology may
				inspect any retailer's CEP inventory offered for sale in or into Washington
				state to determine if the requirements in this chapter are met. If ecology
				determines a violation has occurred, ecology will document each violation and
				follow the warning, violations, and penalties procedures in Part II, WAC
				173-900-255,
				173-900-260, and
				173-900-270 (for manufacturers)
				and Part VII, WAC
				173-900-730,
				173-900-740, and
				173-900-750 (for retailers) of
				this chapter.
(2) Beginning January
				1, 2007, ecology may check any retailer's CEP inventory offered for sale in or
				into Washington state to determine if brand labeling requirements in WAC
				173-900-210 have been met. If
				ecology determines a violation has occurred, ecology will document each
				violation and follow the warning, violations, and penalties procedures in Part
				II, WAC 173-900-255,
				173-900-260, and
				173-900-270 (for manufacturers)
				and Part VII, WAC
				173-900-730,
				173-900-740, and
				173-900-750 (for retailers) of
				this chapter.
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-250, filed 10/5/07, effective
					 11/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-255 - Manufacturer violations

Current through Register Vol. 24-14, July 15, 2024
(1) A
				manufacturer is in violation of this chapter when there is a:
(a) Registration violation;
(b) Labeling violation; or
(c) Plan violation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-260 - Warnings and penalties for manufacturer violations

Current through Register Vol. 24-14, July 15, 2024
Table 260 Manufacturer Warning and
				  Penalties
Type of Violation
Written Warning
First Penalty
Second and Subsequent
						  Penalties
Registration Violation
Warning Letter
Up to $1,000
Up to $2,000
Labeling Violation
Warning Letter
Up to $1,000
Up to $2,000
Plan Violation
Warning Letter
Up to $10,000
Up to $10,000
Warning letter:
(1) When ecology issues a written warning
				letter via certified mail, for any violation, the warning will include a copy
				of the requirements to let the manufacturer know what the manufacturer must do
				to be in compliance status.
Penalties:
(2)
First penalties:
If the
				manufacturer does not meet the compliance requirements in the warning letter
				within thirty days of receipt of the warning, ecology will assess a first
				penalty, as defined in Table 260 above and do one of the following:
(a) Change the manufacturer's status to "in
				violation";
(b) Add the
				manufacturer to the "manufacturer registration list" and put them in "in
				violation."
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-270 - Corrective actions for manufacturer violations

Current through Register Vol. 24-14, July 15, 2024
(1) If a manufacturer is in "in violation"
				status, ecology will not return them to "in compliance" status until the
				manufacturer corrects the violation.
Corrective actions for manufacturer registration
				  violations:
(2) To correct a
				registration violation the manufacturer must:
(a) Provide evidence that the violation has
				been corrected; and
(b) Pay or
				settle any penalties to ecology.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-280 - Administrative fee

Current through Register Vol. 24-14, July 15, 2024
(1)
Legislative mandate.
The administrative fee covers ecology's
				administrative costs related to implementing the electronic product recycling
				program authorized under chapter 70.95N RCW. It does not include the fees for
				ecology's review of the standard plan or independent plans.
(2)
Data.
(a) Ecology will use data collected to
				extrapolate Washington market shares, and to calculate manufacturer sales,
				either by unit or weight. Ecology will use market share and/or CEP sales to
				assign each manufacturer to an administrative fee tier. Ecology may use any of,
				or a combination of, the following data:
(i)
				Generally available market research data;
(ii) CEP sales data, either by unit or
				weight, supplied by manufacturers for brands they manufacture or sell;
				or
(iii) CEP sales data, either by
				unit or weight, supplied by retailers for brands they sell.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part II - MANUFACTURER REQUIREMENTS › Section 173-900-290 - Successor duties

Current through Register Vol. 24-14, July 15, 2024
Any person acquiring a manufacturer, or brand, or who has
				  acquired a manufacturer, or brand, shall have all responsibility for the
				  acquired company's CEPs, including CEPs manufactured prior to July 1, 2006,
				  unless that responsibility remains with another entity per the purchase
				  agreement and the acquiring manufacturer provides ecology with a letter from
				  the other entity accepting responsibility for the CEPs. Cobranding
				  manufacturers may negotiate with retailers for responsibility for those
				  products and must notify ecology of the results of their
				  negotiations.
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-290, filed 10/5/07, effective
					 11/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part III - THE AUTHORITY, AUTHORIZED PARTIES, AND COVERED ELECTRONIC PRODUCT (CEP) RECYCLING PLANS › Section 173-900-300 - Covered electronic product (CEP) recycling plans

Current through Register Vol. 24-14, July 15, 2024
(1) CEP recycling plans (plans) must provide
				a program for the collection, transportation, processing, and recycling of CEPs
				produced by any manufacturer from covered entities in Washington
				state.
(2) All plans intending to
				begin implementation on or before January 1, 2009, must be submitted to ecology
				no later than February 1, 2008.
(3)
				The authority or authorized party of a plan must:
(a) Provide collectors with information that
				can be shared with covered entities about how and where CEPs received into the
				program are recycled.
(b) Ensure
				that any CEP that is reused after being received by the processor is not
				included in any weight counts or used to satisfy an equivalent share.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part III - THE AUTHORITY, AUTHORIZED PARTIES, AND COVERED ELECTRONIC PRODUCT (CEP) RECYCLING PLANS › Section 173-900-305 - The standard plan

Current through Register Vol. 24-14, July 15, 2024
A manufacturer must participate in the standard plan
				  administered by the authority unless the manufacturer has approval to
				  participate in an ecology approved independent plan.
(1) The authority is responsible for
				collecting, transporting, processing, and recycling the sum of the equivalent
				shares of all manufacturers participating in the standard plan.
(2) The "authority" is the Washington
				materials management and financing authority and is authorized to submit the
				standard plan for the participating manufacturers.
Statutory Authority: Chapters 70.95N,
					 70.105, and
					 70.105D RCW. 07-21-013 (Order
					 07-05), § 173-900-305, filed 10/5/07, effective
					 11/5/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part III - THE AUTHORITY, AUTHORIZED PARTIES, AND COVERED ELECTRONIC PRODUCT (CEP) RECYCLING PLANS › Section 173-900-310 - An independent plan

Current through Register Vol. 24-14, July 15, 2024
(1) A
				single manufacturer or a group of manufacturers may submit an independent plan
				to ecology for approval if:
(a) For program
				year 2016 and all subsequent program years, the manufacturers participating in
				the proposed plan represent at least five percent market share of CEPs;
				and
(b) No manufacturer
				participating in the proposed plan is a new entrant or a white box
				manufacturer.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-900 - Electronic products recycling program › Part III - THE AUTHORITY, AUTHORIZED PARTIES, AND COVERED ELECTRONIC PRODUCT (CEP) RECYCLING PLANS › Section 173-900-320 - CEP recycling plan content

Current through Register Vol. 24-14, July 15, 2024
(1) All plans must contain all of the
				following sections and required information:
(a) Binding agreement;
(b) Standard plan participant assessment of
				charges or apportionment of costs (standard plan only);
(c) Letter of certification (independent plan
				only);
(d) Use of Washington
				businesses;
(e) Collection
				services;
(f) Collectors;
(g) Transporters;
(h) Direct processors;
(i) Direct processor audit reports;
(j) Design for recycling;
(k) Direct processor contract face
				sheet;
(l) Recordkeeping;
(m) Implementation timeline;
(n) Public outreach and marketing
				requirements; and
(o) Fair
				compensation.