Title 70A — Title 70A ENVIRONMENTAL HEALTH AND SAFETY
87 chapters · 1,249 sections in this title.
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.]
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.]
RCW 70A.510.010 Photovoltaic module stewardship and takeback program—Definitions—Requirements—Enforcement—Penalty—Fees—Rule making.
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(1) The legislature finds that a convenient, safe, and environmentally sound system for the recycling of photovoltaic modules, minimization of hazardous waste, and recovery of commercially valuable materials must be established. The legislature further finds that the responsibili…
RCW 70A.510.020 Photovoltaic module advisory committee—Members—Duties—Report.
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(1) Subject to the availability of amounts appropriated for this specific purpose, the department must establish a photovoltaic module advisory committee. The committee may include representatives of any parties the department deems appropriate to carry out the duties in subsecti…
RCW 70A.515.010 Findings.
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The legislature finds that:(1) Leftover architectural paints are a waste management issue and present environmental risks and health and safety risks, especially to workers in the solid waste industry. During waste collection and processing, wet paint can create spills and splash…
RCW 70A.515.020 Definitions.
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The definitions in this section apply throughout this chapter unless the content clearly requires otherwise.(1)(a) "Architectural paint" or "paint" means interior and exterior architectural coatings, sold in a container of five gallons or less.(b) "Architectural paint" or "paint"…
RCW 70A.515.030 Paint stewardship plan.
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(1) All producers of architectural paint selling in or into the state of Washington shall participate in an approved Washington state paint stewardship plan for covered entities through membership in and appropriate funding of a stewardship organization.(2) Producers not particip…
RCW 70A.515.040 Plan for the implementation of a paint stewardship program—Plan components—Funding mechanism—Collection—Promotion of a paint stewardship program—New plan or plan amendment.
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(1) A stewardship organization representing producers shall submit a plan for the implementation of a paint stewardship program to the department for approval by May 30, 2020, or within one year of July 28, 2019, whichever comes later. The plan must include the following componen…
RCW 70A.515.050 Paint stewardship program plan—Collection site procedural manual—Educational and informational materials—Annual administrative fee.
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(1) Each stewardship organization shall submit a paint stewardship program plan in accordance with RCW 70A.515.040.(2) Each stewardship organization shall develop and distribute a collection site procedural manual to collection sites to help ensure proper management of architectu…
RCW 70A.515.060 Department's review of the plan—Approval/rejection—Public review—Assessment, departmental oversight—Recovery of costs for administering and enforcing chapter—Administrative fee—Penalties—List of producers and brands on the department's website—Rules.
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(1) The department shall review the plan within one hundred twenty days of receipt, and make a determination as to whether or not to approve the plan. The department shall provide a letter of approval for the plan if it provides for the establishment of a paint stewardship progra…
RCW 70A.515.070 Required participation in an approved stewardship plan—Information regarding available end-of-life paint management options.
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(1) A producer or paint retailer may not sell or offer for sale to any person in the state architectural paint unless the producer or brand of architectural paint is participating in an approved stewardship plan under this chapter. A retailer complies with the requirements of thi…
RCW 70A.515.080 Report.
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(1) By October 15, 2020, and annually thereafter, a stewardship organization shall submit to the department a report describing the paint stewardship program that the stewardship organization implemented during the previous fiscal year. The report must include all of the followin…
RCW 70A.515.090 Immunity from certain state laws.
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Producers or stewardship organizations acting on behalf of producers that prepare, submit, and implement a paint stewardship program plan pursuant to RCW 70A.515.040 and thereby are subject to regulation by the department are granted immunity from state laws relating to antitrust…
RCW 70A.515.100 Paint product stewardship account.
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The paint product stewardship account is created in the state treasury. All receipts received by the department from stewardship organizations must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used …
RCW 70A.515.110 Chapter void if federal law establishes a national program.
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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 architectural paint that substantially meets the intent of this chapter, including the creation of a funding mechanism for…
RCW 70A.515.120 Authority of 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…