87 chapters · 1,249 sections in this title.
RCW 70A.505.010 Findings—Purpose.
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The legislature finds that:(1) Mercury is an essential component of many energy efficient lights. Improper disposal methods will lead to mercury releases that threaten the environment and harm human health. Spent mercury lighting is a hard to collect waste product that is appropr…
RCW 70A.505.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Brand" means a name, symbol, word, or mark that identifies a product, rather than its components, and attributes the product to the owner of the brand as the producer.…
RCW 70A.505.030 Product stewardship program.
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(1)(a) Every producer of mercury-containing lights sold, made available for sale, or distributed in or into Washington state for retail sale in Washington state, including legacy producers, must participate in a product stewardship program for those products, operated by a stewar…
RCW 70A.505.040 Submission of proposed product stewardship plans—Department to establish rules—Public review—Plan update—Annual report.
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(1)(a) On January 1st of the year prior to 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 Januar…
RCW 70A.505.050 Environmental handling charge—Collection of charges for cost of plan implementation—Annual fee.
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(1) Each stewardship organization must recommend to the department an environmental handling charge to be added to the price of each mercury-containing light sold in or into the state of Washington for sale at retail until December 31, 2028. The environmental handling charge must…
RCW 70A.505.060 Collection and management of mercury.
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(1) All mercury-containing lights and materials recovered from mercury-containing lights collected in the state by product stewardship programs or other collection programs must be recycled and any process residuals must be managed in compliance with applicable laws.(2) Mercury r…
RCW 70A.505.070 Collectors of unwanted mercury-containing lights—Duties.
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(1) Except for persons involved in registered mail-back programs, a person who collects unwanted mercury-containing lights in the state, receives funding through a product stewardship program for mercury-containing lights, and who is not a generator of unwanted mercury-containing…
RCW 70A.505.080 Requirement to recycle end-of-life mercury-containing lights.
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Effective January 1, 2013:(1) All persons, residents, government, commercial, industrial, and retail facilities and office buildings must recycle their end-of-life mercury-containing lights.(2) No mercury-containing lights may knowingly be placed in waste containers for disposal …
RCW 70A.505.090 Producers must participate in an approved product stewardship program.
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As of January 1, 2013, no producer, wholesaler, retailer, electric utility, or other person may distribute, sell, or offer for sale mercury-containing lights for residential use to any person in this state unless the producer is participating in a product stewardship program unde…
RCW 70A.505.100 Civil penalty—Appeal—Department's authority.
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(1)(a) The department may administratively impose a civil penalty on a person who violates this chapter in an amount of up to $1,000 per violation per day.(b) The department may administratively impose a civil penalty of up to $10,000 per violation per day on a person for repeate…
RCW 70A.505.110 Department's website to list producers participating in product stewardship plan—Required participation in a product stewardship plan—Written warning—Review of plans—Rules—Exemptions.
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(1) The department shall provide on its website a list of all producers participating in a product stewardship plan that the department has approved and a list of all producers the department has identified as noncompliant with this chapter and any rules adopted to implement this…
RCW 70A.505.120 Mercury-containing light product stewardship programs account.
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The mercury-containing light product stewardship programs account is created in the custody of the state treasurer. All funds received from producers and stewardship organizations under this chapter and penalties collected under this chapter must be deposited in the account. Expe…
RCW 70A.505.130 Adoption of rules—Report to the legislature—Invitation to entities to comment on issues—Estimate of statewide recycling rate for mercury-containing lights—Mercury vapor barrier packaging.
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(1) The department may adopt rules necessary to implement, administer, and enforce this chapter.(2) By November 1, 2033, the department shall report to the appropriate committees of the legislature concerning the status of the product stewardship program and recommendations for c…
RCW 70A.505.140 Application of chapter to the Washington utilities and transportation commission.
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Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a cit…
RCW 70A.505.150 Application of chapter to entities regulated under chapter 70A.300 RCW.
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Nothing in this chapter changes the requirements of any entity regulated under chapter 70A.300 RCW to comply with the requirements under that chapter.[ 2020 c 20 s 1418; 2010 c 130 s 16. Formerly RCW 70.275.160.]
RCW 70A.505.160 Immunity from antitrust liability.
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(1) It is the intent of the legislature that a producer, legacy producer, group of producers or legacy producers, or stewardship organization preparing, submitting, and implementing a mercury-containing light product stewardship program pursuant to this chapter, as well as partic…
RCW 70A.505.170 Requirements of chapter cease to apply—When.
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The requirements of this chapter cease to apply beginning the earlier of:(1) January 1, 2035; or(2) A date determined by the department, based on the diminishing number of mercury-containing lights collected by the program reaching a de minimis level where the continued expense a…
RCW 70A.505.900 Chapter liberally construed.
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This chapter must be liberally construed to carry out its purposes and objectives.[ 2010 c 130 s 17. Formerly RCW 70.275.900.]
RCW 70A.505.901 Severability—2010 c 130.
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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.[ 2010 c 130 s 21. Formerly RCW 70.275.901.]