Washington Administrative Code

(1) There are two types of stewardship organization violations:(a) Implementation violation for not implementing an approved product stewardship plan.(b) Plan/report violation for not submitting a product stewardship plan, plan update or annual report.(2) Department issued warnin…

(1) Stewardship organizations that fail to implement their program or submit a plan, updated plan, or annual report, or that fail to comply with a warning letter, will receive penalties in the amounts provided in WAC 173-910-230 multiplied by the number of producers participating…

(1) On June 1st of the year prior to initial implementation, each producer must ensure that a stewardship organization submits a proposed product stewardship plan on the producer's behalf to the department for approval. Plans approved by the department must be implemented by Janu…

Product stewardship plans must contain the following information:(1) Overall plan requirements: The plan must include:(a) Names and contact information for all participating producers, including names of brands or brand labels used by specific producers;(b) The number of mercury-…

(1) By June 1, 2016, and each June 1st thereafter, each stewardship organization must submit an annual report to the department describing the results of implementing the stewardship organization's plan for the prior calendar year, including an independent financial audit. The de…

(1) Plans must include the plan content requirements in WAC 173-910-420.(a) New product stewardship plans must be submitted by June 1st for implementation in the following calendar year.(b) The first update of an approved product stewardship plan is required two years after appro…

(1) The department will post stewardship plans on the department's website to allow public review and comment.(2) Within ninety days after receipt of a complete plan, the department will determine whether the plan complies with this chapter.(3) The department will determine if th…

(1) Stewardship organizations operating a product stewardship program must update product stewardship plans by July 1st for the upcoming implementation calendar year and submit the updated plan to the department for review and approval.(2) Plan updates are required two years afte…

(1) Beginning January 1, 2013, service providers participating in a mercury-containing lights product stewardship program approved by the department must comply with the requirements of this chapter.(2) Service providers participating in the stewardship program that must comply w…

(1) Collectors participating in a product stewardship program including, but not limited to, collection sites, curbside services, mail-back services, accumulation points, and collection events, must register with the stewardship organization. Collector registration information mu…

(1) All transporters of mercury-containing lights must comply with all applicable laws, rules, and local ordinances.(2) Transporters participating in a product stewardship program must register with the stewardship organization as required in WAC 173-910-310 of this chapter.(3) T…

(1) Processing facilities must operate their facility in a way that protects human health and the environment.(2) Processing facilities must comply with all federal, state, and local requirements and, if it exports, those of all transit and recipient countries that are applicable…

(1) Retailers, wholesalers, distributors, electric utilities, or other persons that give away, offer for sale, or sell, including internet sales, mercury-containing lights in or into the state for sale at retail must comply with the requirements of this section.(2) Beginning Janu…

(1) A retailer, wholesaler, distributor, or electric utility is in violation of this chapter when selling or distributing mercury-containing lights from a noncompliant producer.(2) A violation occurs for every day of noncompliance with the requirements.(3) Department issued warni…

(1) Penalties apply when a retailer, wholesaler, distributor, or electric utility fails to come into compliance with this chapter.(2) Failure to comply with the warning letter within sixty days will result in a penalty of up to five hundred dollars for each violation; a violation…

(1) Washington state law mandates minimum post-consumer recycled content (PCRC) requirements for plastic beverage containers, trash bags, and household cleaning and personal care product containers. This requirement supports new and existing end markets for PCRC material and help…

This chapter applies to producers that offer for sale, sell, or distribute in or into Washington state:(1) Beverages in plastic containers;(2) Plastic trash bags;(3) Household cleaning products in plastic containers; or(4) Personal care products in plastic containers.[Statutory A…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1)(a) "Beverage" means liquid products intended for human or animal consumption sold in a quantity more than or equal to two fluid ounces and less than or equal to one gal…

(1)(a) Producers of covered products distributed, imported, sold, or offered for sale in or into Washington state must annually register using the department's registration and reporting system.(b) Third-party representatives may submit data on behalf of a producer or group of pr…

(1) All producers of covered products sold or offered for sale in or into Washington state are required to pay an annual fee calculated by the department based on the department's published workload analysis (WLA) and fee distribution calculations described in this section.(2) By…

(1) Producers must annually meet no less than the minimum PCRC percentages, on average, for the total weight of PCRC product plastic containers sold, offered for sale, or distributed in or into Washington state in their respective PCRC product categories beginning on the dates be…

(1)(a) The department must grant a temporary exclusion from the minimum PCRC requirements for the following year when a producer demonstrates it is technically infeasible to meet minimum PCRC requirements for a type of covered product while also complying with federal health and …

(1) Any producer that does not meet the registration, reporting, or PCRC minimum requirements of this chapter is subject to penalties as specified in WAC 173-925-090 and 173-925-100.(2) The department may conduct audits and investigations for the purpose of ensuring producer comp…

(1) If the department determines that a producer is out of compliance with the registration or reporting requirements of this chapter, the department will notify the producer in writing.(a) The first written notice of noncompliance to the producer serves as a notice of the violat…

(1) If the department determines that a producer is out of compliance with the minimum PCRC requirements of this chapter, the department will notify the producer in writing.(a) The department will use the producer's reported PCRC data to determine compliance status and may use in…

(1) The purpose of this chapter is to set forth requirements for the department of ecology's administration of the centennial clean water program, as authorized by chapter 70.146 RCW, Water pollution control facilities financing. This fund provides financial assistance to public …

(1) Where possible, the Washington state department of ecology combines the management of the centennial program with other funding programs, such as the water pollution control revolving fund, the stormwater financial assistance program, and the Clean Water Act section 319 nonpo…

For the purposes of this chapter:(1) Activities see water pollution control activities.(2) Applicant means a public body that has applied for funding.(3) Best management practices (BMP) means physical, structural, and/or managerial practices approved by the department that preven…

Certain projects or project elements, including but not limited to the following may be eligible for centennial loan or grant assistance:(1) Aquatic plant control when the water quality degradation is due to the presence of aquatic plants, and the source(s) of pollution can be ad…

Certain projects or project elements including, but not limited to, the following may be eligible for centennial loan assistance:(1) CAFOs, for BMP implementation;(2) Environmental emergencies as defined in WAC 173-95A-020 and applied for in accordance with the provisions describ…

While it is impossible to list every project or project element that is not eligible, some examples of ineligible projects include:(1) Abandonment or demolition of existing structures;(2) Commercial, institutional or industrial wastewater pretreatment;(3) Compensation or damages …

Loan interest rates are determined by the provisions in WAC 173-98-400.[Statutory Authority: Chapters 90.50A and 70.146 RCW. WSR 17-17-040 (Order 16-04), § 173-95A-200, filed 8/9/17, effective 9/9/17. Statutory Authority: RCW 90.48.035. WSR 07-14-096 (Order 05-16), § 173-95A-200,…

(1) To apply for funding the applicant must submit a completed application to the department. The department will provide the application on the department website.(2) Minimum score on application.(a) An applicant must receive a minimum score equal to fifty percent of the availab…

(1) A general funding cycle schedule is provided in Figure 1.(2) In general, the department will provide the following services, although annual modifications may be made to accommodate legislative schedules and requirements:(a) Make available the application and applicable guide…

Loan and grant offers identified on the Final Offer and Applicant List will be effective for up to one year from the publication date of the Final Offer and Applicant List. Loan and grant offers that do not result in a signed agreement may be ended.[Statutory Authority: Chapters …

Financial hardship for wastewater facilities construction is determined by the provisions in WAC 173-98-300.[Statutory Authority: Chapters 90.50A and 70.146 RCW. WSR 17-17-040 (Order 16-04), § 173-95A-400, filed 8/9/17, effective 9/9/17. Statutory Authority: Chapter 90.50A RCW, R…

Applicants may apply for grant funding in conjunction with a water pollution control revolving fund loan to establish or continue programs that provide hardship funding for on-site sewage system repair and replacement for homeowners and small commercial enterprises. The ceiling a…

There are two project categories in which the competitive funding is allocated: Activities and facilities.(1) The scores derived from the application rating and ranking process will determine the allocation of the competitive funding;(2) No more than two-thirds of the fund can go…

(1) The recipient must acknowledge department funding in reports, technical documents, publications, brochures, and other materials.(2) Site-specific projects must acknowledge department funding by one of the following means:(a) Standard signage (appropriately sized and weather r…

(1) Activities projects. Grants for activities projects made under the centennial program are subject to ceiling amounts of:(a) Five hundred thousand dollars if the match for the grant is in the form of cash and/or interlocal costs; or(b) Two hundred fifty thousand dollars if any…

(1) Depending on the grant amount, match can consist of cash or interlocal and in-kind contributions that total twenty-five percent of the total eligible project cost.(2) No match is required for loans under the centennial program.(3) No match is required for grants for wastewate…

Wastewater facility projects must follow the step process provisions in WAC 173-98-530.[Statutory Authority: Chapters 90.50A and 70.146 RCW. WSR 17-17-040 (Order 16-04), § 173-95A-540, filed 8/9/17, effective 9/9/17. Statutory Authority: Chapter 90.50A RCW, RCW 90.48.035, and 43.…

(1) The portion of a project designed to serve the needs of commercial, industrial, and institutional customers may be funded using loans only.(2) Capacity to serve local public primary and secondary schools may be grant eligible if the applicant can demonstrate financial hardshi…

The following process is required for lake projects and recommended for all water pollution control activities projects.(1) Planning involves the identification of problems, evaluation of cost-effective alternatives in accordance with WAC 173-98-730, and preparation of a planning…

(1) Recipients must fully comply with all applicable federal, state, and local laws and rules relating to topics such as procurement, discrimination, labor, job safety, drug-free environments, and minority and women owned businesses. (2) Ongoing management of most aspects of loan…

(1) A county, city, or town that has been offered a loan or grant for a water pollution control facilities project may not receive loan or grant funding while the county, city, or town is not in compliance with the Growth Management Act unless:(a) Documentation showing that a pub…

(1) Project initiation. Grant or loan funds must be spent in a timely fashion. The recipient must consistently meet the performance measures agreed to in the grant or loan agreement. These performance measures include, but are not limited to, the following:(a) Work on a project m…

Costs incurred after the project completion or expiration dates are not eligible for reimbursement.(1) Project completion.(a) Work on a project must be completed within five years of the publication date of the Final Offer and Applicant List on which the project was proposed. A s…

(1) The department may require a recipient to develop and implement a postproject assessment plan.(2) A recipient may be required to participate in a postproject survey and interview regarding performance measures.[Statutory Authority: Chapter 90.50A RCW, RCW 90.48.035, and 43.21…

(1) Recipients must maintain accurate records and accounts for the project in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets, or…