Washington Administrative Code

(1) After January 1, 2008, no manufacturer may change CEP recycling plans for program year 2009.(2) For program year 2010 and thereafter, registered CEP manufacturers may change participation in plans if the manufacturer meets the requirements in this section.The following is the…

(1) Financial obligations of manufacturers:(a) If a manufacturer has not met its financial obligations as determined by the authority, the authority must notify ecology within sixty days that the manufacturer is no longer participating in the standard plan.(b) Manufacturers who d…

(1) Each plan must include a description of the method(s) for the reasonably convenient collection of all CEPs in rural and urban areas throughout the state at no cost to the covered entities according to the requirements in this section.(2) County: The plan must provide collecti…

(1) If an independent plan does not represent five percent market share for two consecutive program years, ecology will dissolve the independent plan.(2) After August 1 but prior to the start of the next program year, ecology will dissolve any independent plan that does not meet …

(1) For each direct processor used by the plan, the authority or authorized party must provide an annual compliance audit report to ecology. These reports must demonstrate and certify that the direct processors meet either the minimum performance standards in WAC 173-900-650 or a…

(1) The authority or authorized party is in violation of this chapter when there is:(a) A plan violation; or(b) An annual report violation; or(c) A performance standards violation.(2) Plan violation: As of January 1, 2009, it is a plan violation if the authority or authorized par…

Table 380Authority and Authorized Party PenaltiesType ofViolationWritten NoticeFirstPenaltySecond and Subsequent PenaltiesPlanViolationPenalty NoticeUp to $5,000Up to $10,000Annual ReportViolationWarning LetterUp to $1,000Up to $2,000PerformanceStandardsViolationWarning LetterUp …

Corrective actions for plan violations.(1) The authority or authorized party must:(a) Meet the plan requirements in Part III of this chapter;(b) Ensure that all direct processors used by the plan are registered and have updated their registration as required in this chapter;(c) C…

(1) To collect CEPs for a plan under this chapter the collector must:(a) Submit an initial registration;(b) Update the registration information if it changes;(c) Renew registration annually;(d) Meet the collector performance standards; and(e) Be in "in compliance" status on the "…

Step 1: Complete the collector registration form.(1) Each collector must complete the online or paper registration form provided by ecology and must include all of the following:(a) Name of individual responsible for implementing the collector requirements;(b) Contact and locatio…

Step 1: Ecology review of collector registration forms.(1) After receiving a form, ecology will review the form to determine if the form is complete and accurate.(2) If the form is not complete and accurate, ecology will contact the collector to:(a) Tell the collector what inform…

(1) A collector must submit its annual registration renewal form to ecology between June 1 and September 1 of each calendar year for the next program year.(2) If a collector does not submit an annual registration renewal form, ecology will remove the collector from the "collector…

(1) A registered collector must submit an updated registration form to ecology within fourteen days of any change to the information provided in its registration form.(2) The collector must submit updates to its registration form by using one of the options below:(a) Updating the…

(1) CEPs collected for a plan must be collected from covered entities free of charge except for the following services:(a) Premium services as described in an approved plan to cover the costs not paid by the standard or independent plans;(b) Curbside collection services to cover …

(1) Beginning January 1, 2009, ecology may inspect any collector used by a plan for compliance with this chapter.(2) If ecology determines a violation has occurred, ecology will document each violation and follow the warning, violation, and penalties procedures in Part IV, WAC 17…

Collector violations are described in Table 470.Table 470Collector ViolationsStartingIfThenand Ecology WillSeptember 1, 2007A collector has collected CEPs for a plan and is not registered under this chapter.It is a collector registration violation.Follow the warning, violation, a…

Table 480Collector Warning and PenaltiesType ofViolationWritten WarningFirstPenaltySecond and Subsequent PenaltiesCollectorRegistrationViolationWarning LetterUp to $1,000Up to $2,000CollectorStandardsViolationWarning LetterUp to $1,000Up to $2,000Warning letter:(1) When ecology i…

For ecology to change a collector from the "in violation" status to "in compliance" status on the "collector registration list," the collector must:(1) Provide evidence that the violation has been corrected; and(2) Pay or settle any penalties to ecology.[Statutory Authority: Chap…

(1) To transport CEPs for a plan under this chapter a transporter must:(a) Submit an initial registration;(b) Update the registration information if it changes;(c) Renew registration annually;(d) Meet the transporter performance standards in WAC 173-900-550; and(e) Be in "in comp…

Step 1: Complete the transporter registration form.(1) Each transporter must use the form provided by ecology and must include all of the following:(a) Contact and location information;(b) Business license information;(c) Permit information;(d) Description of services provided; a…

Step 1: Ecology review of transporter registration form.(1) After receiving a form, ecology will review the form to determine if the form is complete and accurate.(2) If the form is not complete and accurate, ecology will contact the transporters to:(a) Tell the transporter what …

(1) A transporter must submit its annual renewal registration form to ecology between June 1 and September 1 of each calendar year for the next program year.(2) If a transporter does not submit a renewal registration form, ecology will remove the transporter from the "transporter…

(1) A registered transporter must submit an updated registration form to ecology within fourteen days of a change to the information provided in a registration form.(2) The transporter must submit updates to its registration form by using one of the options below:(a) Updating the…

(1) All registered transporters must comply with all applicable laws, rules, and local ordinances.(2) A registered transporter must allow access to ecology for inspections to determine compliance with the requirements in this chapter.(3) Transporters must deliver CEPs for a plan …

(1) Beginning January 1, 2009, ecology may inspect any transporter used by a plan for compliance with this chapter.(2) If ecology determines a violation occurred, ecology will document each violation and follow the warning, violation, and penalties procedures in Part V, WAC 173-9…

Transporter violations are described in Table 570.Table 570Transporter ViolationsStartingIfThenand Ecology WillSeptember 1, 2007A transporter has transported CEPs for a plan and is not registered under this chapter.It is a transporterregistration violation.Follow the warning, vio…

Table 580Transporter Warning and PenaltiesType ofViolationWritten WarningFirstPenaltySecond and Subsequent PenaltiesTransporter Registration ViolationWarning LetterUp to $1,000Up to $2,000Transporter Standards ViolationWarning LetterUp to $1,000Up to $2,000Warning letter:(1) When…

For ecology to change a transporter from the "in violation" status to "in compliance" status on the "transporter registration list," the transporter must:(1) Provide evidence that the violation has been corrected; and(2) Pay or settle any penalties to ecology.[Statutory Authority…

(1) To be a direct processor and process CEPs for a plan under this chapter the direct processor must:(a) Submit an initial registration form;(b) Update registration information if it changes;(c) Renew registration annually;(d) Be identified as a direct processor in an ecology ap…

Table 610Direct Processor Registration TypesType ofRegistrationDefinitionDue DateInitial registrationDirect processor is not currently registered with ecology under this chapter.Submit registration form to ecology at any time.Annual renewalDirect processor is currently registered…

Step 1: Ecology review of direct processor registration forms.(1) After receiving a registration form, ecology will review the form to determine if the form is complete and accurate.(2) If the form is not complete and accurate, ecology will contact the direct processor to:(a) Tel…

(1) Direct processors must submit their annual renewal registration form to ecology between June 1 and September 1 of each calendar year for the next program year.(2) If an annual renewal registration form is not received during this time period, and subsequently approved by ecol…

(1) A direct processor must submit an updated registration form to ecology thirty days prior to providing new, additional, or reducing processing services for a plan.(2) When mailing in the original paper copy, the direct processor must use one of the addresses below:U.S. Postal …

(1) This section includes performance standards for environmentally sound handling and management of CEPs by direct processors to protect human health and the environment. There are two levels of performance standards:(a) Minimum standards (required);(b) Preferred standards (volu…

In order for a retailer to offer for sale or sell a CEP in or into Washington state, on the date the product was ordered:(1) The brand name on the CEP must be on the "manufacturer registration list" posted on ecology's website; and(2) The manufacturer must be in "pending" or "in …

(1) Beginning January 1, 2007, no person may sell or offer for sale an electronic product to any person in 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 …

Retailers:(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 an…

(1) A retailer is "in violation" of this chapter when one or more of the following retailer violations occurs:(a) Offering for sale or selling violation;(b) Labeling violation; or(c) Public outreach violation.(2) Retailer offering for sale or selling violation.A retailer is in "o…

Table 740Retailer Warning and PenaltiesType ofViolationWritten WarningFirstPenaltySecond and Subsequent PenaltiesOffering for Sale or Selling ViolationWarning LetterUp to $1,000Up to $2,000LabelingViolationWarning LetterUp to $1,000Up to $2,000Public OutreachViolationWarning Lett…

(1) For offering for sale and selling violations, the retailer must stop offering for sale or selling CEPs until the manufacturer is listed as "pending" or "in compliance" status on ecology's "manufacturer registration list."(2) For a labeling violation, the retailer must meet th…

(1) By March 1, 2010, and each program year thereafter, the authority and each authorized party must file an annual report with ecology for the preceding year's program. Ecology will review the report and notify the authority or authorized party of any deficiencies that need to b…

(1) Starting January 1, 2010, local governments and local communities are encouraged to submit an annual satisfaction report to ecology by March 1 of each calendar year.(2) The entity responsible for preparing the solid waste management plan for an area is responsible for submitt…

(1) Starting in 2010, and every calendar year thereafter, nonprofit charitable organizations that are primarily engaged in the business of reuse and resale that collect CEPs for a plan must submit an annual report to ecology by March 1.(2) The report must indicate and document th…

(1) For program year 2016, and all subsequent program years, ecology will determine market share by weight for all manufacturers using any combination of the following data:(a) Generally available market research data;(b) CEP sales data supplied by manufacturers for brands they m…

Step 1: Calculating individual manufacturer equivalent share.(1) For program year 2016, and all subsequent program years, ecology will determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the market share percentage fo…

Plans that use the collection services of nonprofit charitable organizations that qualify for a taxation exemption under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale must be given …

By June 1 of each program year starting in 2010, ecology will notify each:(1) Manufacturer of the manufacturer's equivalent share of CEPs to be applied to the previous program year;(2) Plan of the plan's equivalent share of CEPs to be applied to the previous program year;(3) Manu…

(1) For a CEP recycling plan, if the total weight in pounds of CEPs collected by the plan and processed by a processor during a program year is less than the plan's equivalent share of CEPs for that year, then the authority or authorized party must submit to ecology a payment equ…

Billing share payments.(1) By June 1 of each program year, ecology will bill any authorized party or authority that has not attained its plan's equivalent share as determined in WAC 173-900-930. The authorized party or authority must remit its share payment to ecology within sixt…

Independent and standard plans:(1) Public outreach and marketing requirements: An independent plan and the standard plan must inform covered entities about where and how to reuse and recycle their CEPs at the end of the product's life. At a minimum, the plan must:(a) Include a we…