Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Coal tar" means a viscous substance obtained by the destructive distillation of coal and containing levels of polycyclic aromatic hydrocarbons in excess of ten thousan…

(1) After January 1, 2012, no person may sell at wholesale or retail a coal tar pavement product that is labeled as containing coal tar.(2) After July 1, 2013, a person may not apply a coal tar pavement product on a driveway or parking area.(3) The department may issue a notice o…

Antifouling paints and coatings are necessary for the proper performance and preservation of boats and other marine craft. However, many of these substances contain copper, biocides, and other chemicals that are toxic to many aquatic organisms, including salmon. The legislature i…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Department" means the department of ecology.(2) "Director" means the director of the department of ecology.(3)(a) "Recreational water vessel" means any vessel that is …

(1) The department will conduct a review of information about antifouling paints and ingredients, including information received from manufacturers and others pursuant to this chapter; information on the feasibility of best management practices and nonbiocidal antifouling alterna…

The department, in consultation and cooperation with other state natural resources agencies, must increase educational efforts regarding recreational water vessel hull cleaning to reduce the spread of invasive species. This effort must include a review of best practices that cons…

(1) The department must enforce the requirements of this chapter.(2)(a) A person or entity that violates this chapter is subject to a civil penalty. The department may assess and collect a civil penalty of up to ten thousand dollars per day per violation.(b) All penalties collect…

(1) On or after January 1, 2016, the director may establish and maintain a statewide advisory committee to assist the department in implementing the requirements of this chapter.(2)(a) By January 1, 2017, the department shall survey the manufacturers of antifouling paints sold or…

The department may adopt rules as necessary to implement this chapter.[ 2011 c 248 s 7. Formerly RCW 70.300.060.]

(1) Beginning January 1, 2023, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale in this state any new recreational water vessel manufactured on or after January 1, 2023, with antifouling paint containing cybutryne, chemical abstracts service regist…

(1) The department may require a manufacturer, wholesaler, or retailer of antifouling paints or related substances to submit a notice to the department containing the following information:(a) A list of products, including a brief description of each product or product component …

Asbestos is a known human carcinogen that causes painful, premature deaths due to diseases such as asbestosis, mesothelioma, lung and gastrointestinal cancers, and other diseases and cancers. Activities that can lead to the release of asbestos fibers include installation, use, ma…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Asbestos" includes the asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentine), crocidolite (riebeckite), anthophyll…

(1) Effective January 1, 2014, it is unlawful to manufacture, wholesale, or distribute for sale an asbestos-containing building material that is not labeled as required by RCW 70A.450.040 or as required under federal law, 40 C.F.R. part 763, subpart I, Sec. 173.171 (1994). The la…

(1) A label must be placed in a prominent location adjacent to the product name or description on the exterior of the wrapping and packaging in which the asbestos-containing building material is placed for storage, shipment, and sale.(2) A label must also be placed on the exterio…

(1) The provisions of this chapter may be enforced by the department, local air authorities, or their designees.(2) A person found in violation of this chapter is subject to the penalties provided under RCW 70A.15.3160.[ 2020 c 20 s 1428; 2013 c 51 s 5. Formerly RCW 70.310.050.]

(1) Except as provided in subsection (2) of this section, the use of asbestos-containing building materials in new construction or renovations is prohibited.(2) Subsection (1) of this section does not apply to:(a) The use of asbestos-containing building materials in residential c…

(1) Every owner of a facility that is engaged in activities described in codes 31 through 33 of the North American industry classification system must:(a) Perform an inspection of the facility to determine whether asbestos-containing building materials are present and, if asbesto…

(1) The legislature finds and declares that it is the public policy of the state that:(a) Environmental marketing claims for plastic products, whether implicit or implied, should adhere to uniform and recognized standards for "compostability" and "biodegradability," since mislead…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "ASTM" means the American society for testing and materials.(2) "Biodegradable mulch film" means film plastic used as a technical tool in commercial farming application…

(1) Except as provided in this chapter, no producer may sell, offer for sale, or distribute for use in this state a plastic product that is labeled with the term "biodegradable," "degradable," "decomposable," "oxo-degradable," or any similar form of those terms, or in any way imp…

(1) A product labeled as "compostable" that is sold, offered for sale, or distributed for use in Washington by a producer must meet at least one of the following equivalent standard specifications:(a) ASTM standard specification D6400;(b) ASTM standard specification D6868;(c) AST…

(1) A producer of a film bag that meets ASTM standard specification D6400 and is distributed or sold by retailers must ensure that the film bag is readily and easily identifiable from other film bags in a manner that is consistent with the federal trade commission guides.(2) For …

(1)(a) A producer of plastic food service products or film products that meet ASTM standard specification D6400 or ASTM standard specification D6868 must ensure that the items are readily and easily identifiable from other plastic food service products or plastic film products in…

(1) A producer of plastic film bags sold, offered for sale, or distributed for use in Washington that does not meet the applicable ASTM standard specifications provided in RCW 70A.455.050 is:(a) Prohibited from using tinting, color schemes, labeling, or terms that are required of…

(1) Upon the request by a person, including the department, a producer shall submit to that person or the department, within 90 days of the request, nonconfidential business information and documentation demonstrating compliance with this chapter, in a format that is easy to unde…

(1)(a) The department and cities and counties have concurrent authority to enforce this chapter and to issue and collect civil penalties for a violation of this chapter, subject to the conditions in this section and RCW 70A.455.100. An enforcing government entity may impose a civ…

(1) Producers who violate the requirements of this chapter are subject to civil penalties described in RCW 70A.455.090. A specific violation is deemed to have occurred upon the sale of noncompliant product by stock-keeping unit number or unique item number. The repeated sale of t…

(1)The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.(2) Producers of a product subject to RCW 70A.455.040, 70A.455.050, or 70A.455.060 must submit, under penalty of perjury, a declaration that the product meets…

A producer may only label a product as being "home compostable" if:(1) The product has been tested and meets ASTM standards D6400 or D6868 for industrial composting settings;(2) A third-party certifier has verified that the product meets ASTM standards for industrial composting;(…

The on-product marking requirements under this chapter, including the logo, coloring, and wording requirements of RCW 70A.455.040(2)(b), do not apply to paper-based sheets that are intended for use in the cooking process. The exemption from the requirements of this chapter does n…

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…

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…

(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…

(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…

(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…

(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 …

(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…

(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…

(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…

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…

(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 …

(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…

(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…

(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…

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…

(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…

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…

(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…

(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…