Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY
87 chapters · 1,249 sections in this title.
RCW 70A.500.010 Findings.
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The legislature finds that a convenient, safe, and environmentally sound system for the collection, transportation, and recycling of covered electronic products must be established. The legislature further finds that the system must encourage the design of electronic products tha…
RCW 70A.500.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Authority" means the Washington materials management and financing authority created under RCW 70A.500.270.(2) "Authorized party" means a manufacturer who submits an i…
RCW 70A.500.030 Manufacturer participation.
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(1) A manufacturer must participate in an independent plan or the standard plan to implement and finance the collection, transportation, and recycling of covered electronic products.(2) An independent plan or the standard plan must be implemented and fully operational no later th…
RCW 70A.500.040 Manufacturer registration.
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(1) By January 1, 2007, and annually thereafter, each manufacturer must register with the department.(2) A manufacturer must submit to the department with each registration or annual renewal a fee to cover the administrative costs of this chapter as determined by the department u…
RCW 70A.500.050 Independent plan requirements.
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(1) A manufacturer must participate in the standard plan administered by the authority, unless the manufacturer obtains department approval for an independent plan for the collection, transportation, and recycling of unwanted electronic products.(2) An independent plan may be sub…
RCW 70A.500.060 Standard, independent plan requirements—Fees to be set by the department—Acceptance or rejection by department.
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(1) All initial independent plans and the initial standard plan required under RCW 70A.500.050 must be submitted to the department by February 1, 2008. The department shall review each independent plan and the standard plan.(2) The authority submitting the standard plan and each …
RCW 70A.500.070 Plan updates—Revised plan.
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(1) An independent plan and the standard plan must be updated at least every five years and as required in (a) and (b) of this subsection.(a) If the program fails to provide service in each county in the state or meet other plan requirements, the authority or authorized party sha…
RCW 70A.500.080 Independent plan participants changing to standard plan.
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(1) A manufacturer participating in an independent plan may join the standard plan by notifying the authority and the department of its intention at least five months prior to the start of the next program year.(2) Manufacturers may not change from one plan to another plan during…
RCW 70A.500.090 Collection services.
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(1) A program must provide collection services for covered electronic products of all product types and produced by any manufacturer that are reasonably convenient and available to all citizens of the state residing within its geographic boundaries, including both rural and urban…
RCW 70A.500.100 Successor duties.
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Any person acquiring a manufacturer, or who has acquired a manufacturer, shall have all responsibility for the acquired company's covered electronic products, including covered electronic products manufactured prior to July 1, 2006, unless that responsibility remains with another…
RCW 70A.500.110 Covered electronic sampling.
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(1) For program years 2009 through 2014, an independent plan and the standard plan must implement and finance an auditable, statistically significant sampling of covered electronic products entering its program every program year. The information collected must include a list of …
RCW 70A.500.120 Promotion of covered product recycling.
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(1) An independent plan and the standard plan must inform covered entities about where and how to reuse and recycle their covered electronic products at the end of the product's life, including providing a website or a toll-free telephone number that gives information about the r…
RCW 70A.500.130 Electronic products recycling account.
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(1) The electronic products recycling account is created in the custody of the state treasurer. All payments resulting from plans not reaching their equivalent share, as described in RCW 70A.500.220, shall be deposited into the account. Any moneys collected for manufacturer regis…
RCW 70A.500.140 Annual reports.
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(1) By March 1st of the second program year and each program year thereafter, the authority and each authorized party shall file with the department an annual report for the preceding program year.(2) The annual report must include the following information:(a) The total weight i…
RCW 70A.500.150 Nonprofit charitable organizations—Report.
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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 and that are used by a plan to collect covered electroni…
RCW 70A.500.160 Electronic products for sale must include manufacturer's brand.
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(1) Beginning January 1, 2007, no person may sell or offer for sale an electronic product to any person in the state unless the electronic product is labeled with the manufacturer's brand. The label must be permanently affixed and readily visible.(2) In-state retailers in possess…
RCW 70A.500.170 Sale of covered electronic products.
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No person may sell or offer for sale a covered electronic product to any person in this state unless the manufacturer of the covered electronic product has filed a registration with the department under RCW 70A.500.040 and is participating in an approved plan under RCW 70A.500.05…
RCW 70A.500.180 Department website.
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(1) The department shall maintain on its website the following information:(a) The names of the manufacturers and the manufacturer's brands that are registered with the department under RCW 70A.500.040;(b) The names of the manufacturers and the manufacturer's brands that are part…
RCW 70A.500.190 Return share calculation.
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(1) For program years 2009 through 2015, the department shall determine the return share for each manufacturer in the standard plan or an independent plan by dividing the weight of covered electronic products identified for each manufacturer by the total weight of covered electro…
RCW 70A.500.200 Equivalent share calculation—Notice to manufacturers—Billing parties that do not meet their plan's equivalent share—Payments to parties that exceed their plan's equivalent share—Nonprofit charitable organizations.
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(1) For program years 2009 through 2015, the department shall determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the return share percentage for each manufacturer by one hundred, then multiplying the quotient by the …
RCW 70A.500.210 Preliminary return share—Notice—Challenges—Final return share.
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(1) By June 1, 2007, the department shall notify each manufacturer of its preliminary return share of covered electronic products for the first program year.(2) For program years 2009 through 2014, preliminary return share of covered electronic products must be announced annually…
RCW 70A.500.220 Covered electronic products collected during a program year—Payment per pound under, over equivalent share.
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(1) For an independent plan and the standard plan, if the total weight in pounds of covered electronic products collected during a program year is less than the plan's equivalent share of covered electronic products for that year, then the authority or authorized party shall subm…
RCW 70A.500.230 Rules—Fees—Reports.
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(1) The department shall adopt rules to determine the process for manufacturers to change plans under RCW 70A.500.080.(2) The department shall establish annual registration and plan review fees for administering this chapter. An initial fee schedule must be established by rule an…
RCW 70A.500.240 Collector, transporter, processor registration.
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(1) Each collector and transporter of covered electronic products in the state must register annually with the department. The registration must include all identification requirements for licensure in the state and the geographic area of the state that they serve. The department…
RCW 70A.500.250 Processors to comply with performance standards for environmentally sound management—Rules.
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(1) The authority and each authorized party shall ensure that each processor used directly by the authority or the authorized party to fulfill the requirements of their respective standard plan or independent plan has provided the authority or the authorized party a written state…
RCW 70A.500.260 Selling covered electronic products without participating in an approved plan prohibited—Written warning—Penalty—Failure to comply with manufacturer registration requirements.
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(1) No manufacturer may sell or offer for sale a covered electronic product in or into the state unless the manufacturer of the covered electronic product is participating in an approved plan. The department shall send a written warning to a manufacturer that does not have an app…
RCW 70A.500.270 Materials management and financing authority.
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(1) The Washington materials management and financing authority is established as a public body corporate and politic, constituting an instrumentality of the state of Washington exercising essential governmental functions.(2) The authority shall plan and implement a collection, t…
RCW 70A.500.280 Board of directors of the authority.
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(1)(a) The authority is governed by a board of directors. The board of directors is comprised of eleven participating manufacturers, appointed by the director of the department. For program years 2009 through 2015, five board positions are reserved for representatives of the top …
RCW 70A.500.290 Manufacturers to pay their apportioned share of administrative and operational costs—Performance bonds—Dispute arbitration.
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(1) Manufacturers participating in the standard plan shall pay the authority to cover all administrative and operational costs associated with the collection, transportation, and recycling of covered electronic products within the state of Washington incurred by the standard prog…
RCW 70A.500.300 Authority use of funds.
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(1) The authority shall use any funds legally available to it for any purpose specifically authorized by this chapter to:(a) Contract and pay for collecting, transporting, and recycling of covered electronic products and education and other services as identified in the standard …
RCW 70A.500.310 General operating plan.
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(1) The board shall adopt a general operating plan of procedures for the authority. The board shall also adopt operating procedures for collecting funds from participating covered electronic manufacturers and for providing funding for contracted services. These operating procedur…
RCW 70A.500.320 Authority employees—Initial staff support—Authority powers.
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(1) The authority shall employ a chief executive officer, appointed by the board, and a chief financial officer, as well as professional, technical, and support staff, appointed by the chief executive officer, necessary to carry out its duties.(2) Employees of the authority are n…
RCW 70A.500.330 Federal preemption.
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This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection and recycling of covered electronic products that substantially meets the intent of this chapter, including the creation of a financing mec…
RCW 70A.500.340 Entity must be registered as a collector to act as a collector in a plan—Disposition of electronic products received by a registered collector—Recordkeeping requirements—Display of notice—Site visits.
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(1) Only an entity registered as a collector with the department may act as a collector in a plan. All covered electronic products received by a registered collector must be submitted to a plan. Fully functioning computers that are received by a registered collector in working or…
RCW 70A.500.900 Construction—2006 c 183.
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This act must be liberally construed to carry out its purposes and objectives.[ 2006 c 183 s 38. Formerly RCW 70.95N.900.]
RCW 70A.500.901 Effective date—2006 c 183.
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This act takes effect July 1, 2006.[ 2006 c 183 s 40. Formerly RCW 70.95N.902.]