Revised Code of Washington - RCW Title 70 Public Health And Safety - Chapter 70.95 Solid Waste Management -- Reduction And Recycling

70.95.010 Legislative finding -- Priorities -- Goals
The legislature finds: (1) Continuing technological changes in methods of manufacture, packaging, and marketing of consumer products, together with the economic and population growth of ...

70.95.020 Purpose
The purpose of this chapter is to establish a comprehensive statewide program for solid waste handling, and solid waste recovery and/or recycling which will prevent ...

70.95.030 Definitions
As used in this chapter, unless the context indicates otherwise: (1) "City" means every incorporated city and town. (2) "Commission" means the utilities and transportation ...

70.95.040 Solid waste advisory committee -- Members -- Meetings -- Travel expenses -- "Governor's award of excellence.
(1) There is created a solid waste advisory committee to provide consultation to the department of ecology concerning matters covered by this chapter. The committee ...

70.95.050 Solid waste advisory committee -- Staff services and facilities
The department shall furnish necessary staff services and facilities required by the solid waste advisory committee.[1969 ex.s. c 134 § 5.] ...

70.95.055 Environmental excellence program agreements -- Effect on chapter
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance ...

70.95.060 Standards for solid waste handling -- Areas -- Landfill location
(1) The department shall adopt rules establishing minimum functional standards for solid waste handling, consistent with the standards specified in this section. The department may ...

70.95.065 Inert waste landfills
(1) The department shall, as part of the minimum functional standards for solid waste handling required under RCW 70.95.060, develop specific criteria for the types ...

70.95.070 Review of standards prior to adoption -- Revisions, additions and modifications -- Factors
The solid waste advisory committee shall review prior to adoption and shall recommend revisions, additions, and modifications to the minimum functional standards governing solid waste ...

70.95.075 Implementation of standards -- Assessment -- Analyses -- Proposals
In order to implement the minimum functional standards for solid waste handling, evaluate the effectiveness of the minimum functional standards, evaluate the cost of implementation, ...

70.95.080 County comprehensive solid waste management plan -- Joint plans -- Duties of cities
Each county within the state, in cooperation with the various cities located within such county, shall prepare a coordinated, comprehensive solid waste management plan. Such ...

70.95.090 County and city comprehensive solid waste management plans -- Contents
Each county and city comprehensive solid waste management plan shall include the following: (1) A detailed inventory and description of all existing solid waste handling ...

70.95.092 County and city comprehensive solid waste management plans -- Levels of service, reduction and recycling
Levels of service shall be defined in the waste reduction and recycling element of each local comprehensive solid waste management plan and shall include the ...

70.95.094 County and city comprehensive solid waste management plans -- Review and approval process
(1) The department and local governments preparing plans are encouraged to work cooperatively during plan development. Each county and city preparing a comprehensive solid waste ...

70.95.096 Utilities and transportation commission to review local plan's assessment of cost impacts on rates
Upon receipt, the department shall immediately provide the utilities and transportation commission with a copy of each preliminary draft local comprehensive solid waste management plan. ...

70.95.100 Technical assistance for plan preparation -- Guidelines -- Informational materials and programs
(1) The department or the commission, as appropriate, shall provide to counties and cities technical assistance including, but not limited to, planning guidelines, in the ...

70.95.110 Maintenance of plans -- Review, revisions -- Implementation of source separation programs
(1) The comprehensive county solid waste management plans and any comprehensive city solid waste management plans prepared in accordance with RCW 70.95.080 shall be maintained ...

70.95.130 Financial aid to counties and cities
Any county may apply to the department on a form prescribed thereby for financial aid for the preparation of the comprehensive county plan for solid ...

70.95.140 Matching requirements
Counties and cities shall match their planning aid allocated by the director by an amount not less than twenty-five percent of the estimated cost of ...

70.95.150 Contracts with counties to assure proper expenditures
Upon the allocation of planning funds as provided in RCW 70.95.130, the department shall enter into a contract with each county receiving a planning grant. ...

70.95.160 Local board of health regulations to implement the comprehensive plan -- Section not to be construed to authorize counties to operate system
Each county, or any city, or jurisdictional board of health shall adopt regulations or ordinances governing solid waste handling implementing the comprehensive solid waste management ...

70.95.163 Local health departments may contract with the department of ecology
Any jurisdictional health department and the department of ecology may enter into an agreement providing for the exercise by the department of ecology of any ...

70.95.165 Solid waste disposal facility siting -- Site review -- Local solid waste advisory committees -- Membership
(1) Each county or city siting a solid waste disposal facility shall review each potential site for conformance with the standards as set by the ...

70.95.167 Private businesses involvement in source separated materials -- Local solid waste advisory committee to examine
(1) Each local solid waste advisory committee shall conduct one or more meetings for the purpose of determining how local private recycling and solid waste ...

70.95.170 Permit for solid waste handling facility -- Required
Except as provided otherwise in RCW 70.95.305 or 70.95.310, after approval of the comprehensive solid waste plan by the department no solid waste handling facility ...

70.95.180 Permit for solid waste handling facility -- Applications, fee
(1) Applications for permits to operate a new or modified solid waste handling facility shall be on forms prescribed by the department and shall contain ...

70.95.185 Permit for solid waste disposal site or facilities -- Review by department -- Appeal of issuance -- Validity of permits issued after June 7, 1984
Every permit issued by a jurisdictional health department under RCW 70.95.180 shall be reviewed by the department to ensure that the proposed site or facility ...

70.95.190 Permit for solid waste handling facility -- Renewal -- Appeal -- Validity of renewal -- Review fees
(1) Every permit for an existing solid waste handling facility issued pursuant to RCW 70.95.180 shall be renewed at least every five years on a ...

70.95.200 Permit for solid waste disposal site or facilities -- Suspension
Any permit for a solid waste disposal site issued as provided herein shall be subject to suspension at any time the jurisdictional health department determines ...

70.95.205 Exemption from solid waste permit requirements -- Waste-derived soil amendments -- Application -- Revocation of exemption -- Appeal
(1) Waste-derived soil amendments that meet the standards and criteria in this section may apply for exemption from solid waste permitting as required under RCW ...

70.95.210 Hearing -- Appeal -- Denial, suspension -- When effective
Whenever the jurisdictional health department denies a permit or suspends a permit for a solid waste disposal site, it shall, upon request of the applicant ...

70.95.212 Solid waste collection companies -- Notice of changes in tipping fees and disposal rate schedules
To provide solid waste collection companies with sufficient time to prepare and submit tariffs and rate filings for public comment and commission approval, the owner ...

70.95.215 Landfill disposal facilities -- Reserve accounts required by July 1, 1987 -- Exception -- Rules
(1) By July 1, 1987, each holder or applicant of a permit for a landfill disposal facility issued under this chapter shall establish a reserve ...

70.95.217 Waste generated outside the state -- Findings
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70.95.218 Waste generated outside the state -- Solid waste disposal site facility reporting requirements -- Fees
(1) At least sixty days prior to receiving solid waste generated from outside of the state, the operator of a solid waste disposal site facility ...

70.95.220 Financial aid to jurisdictional health departments -- Applications -- Allocations
Any jurisdictional health department may apply to the department for financial aid for the enforcement of rules and regulations promulgated under this chapter. Such application ...

70.95.230 Financial aid to jurisdictional health departments -- Matching funds requirements
The jurisdictional health department applying for state assistance for the enforcement of this chapter shall match such aid allocated by the department in an amount ...

70.95.235 Diversion of recyclable material -- Penalty
(1) No person may divert to personal use any recyclable material placed in a container as part of a recycling program, without the consent of ...

70.95.240 Unlawful to dump or deposit solid waste without permit -- Penalties -- Litter cleanup restitution payment
(1) After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided ...

70.95.250 Name appearing on waste material -- Presumption
Whenever solid wastes dumped in violation of RCW 70.95.240 contain three or more items bearing the name of one individual, there shall be a rebuttable ...

70.95.255 Disposal of sewage sludge or septic tank sludge prohibited -- Exemptions -- Uses of sludge material permitted
After January 1, 1988, the department of ecology may prohibit disposal of sewage sludge or septic tank sludge (septage) in landfills for final disposal, except ...

70.95.260 Duties of department -- State solid waste management plan -- Assistance -- Coordination -- Tire recycling
The department shall in addition to its other powers and duties: (1) Cooperate with the appropriate federal, state, interstate and local units of government and ...

70.95.263 Additional powers and duties of department
The department shall in addition to its other duties and powers under this chapter: (1) Prepare the following: (a) A management system for recycling waste ...

70.95.265 Department to cooperate with public and private departments, agencies and associations
The department shall work closely with the department of community, trade, and economic development, the department of general administration, and with other state departments and ...

70.95.267 Department authorized to disburse referendum 26 (chapter 43.83A RCW) fund for local government solid waste projects
The department is authorized to use referendum 26 (chapter 43.83A RCW) funds of the Washington futures account to disburse to local governments in developing solid ...

70.95.268 Department authorized to disburse funds under chapter 43.99F RCW for local government solid waste projects
The department is authorized to use funds under chapter 43.99F RCW to disburse to local governments in developing solid waste recovery or recycling projects. Priority ...

70.95.270 Hazardous substance remedial actions -- Procedural requirements not applicable
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, ...

70.95.280 Determination of best solid waste management practices -- Department to develop method to monitor waste stream -- Collectors to report quantity and quality of waste -- Confidentiality of proprietary information
The department of ecology shall determine the best management practices for categories of solid waste in accordance with the priority solid waste management methods established ...

70.95.285 Solid waste stream analysis
The comprehensive, statewide solid waste stream analysis under RCW 70.95.280 shall be based on representative solid waste generation areas and solid waste generation sources within ...

70.95.290 Solid waste stream evaluation
(1) The evaluation of the solid waste stream required in RCW 70.95.280 shall include the following elements: (a) The department shall determine which management method ...

70.95.295 Analysis and evaluation to be incorporated in state solid waste management plan
The department shall incorporate the information from the analysis and evaluation conducted under RCW 70.95.280 through 70.95.290 to the state solid waste management plan under ...

70.95.300 Solid waste -- Beneficial uses -- Permitting requirement exemptions
(1) The department may by rule exempt a solid waste from the permitting requirements of this chapter for one or more beneficial uses. In adopting ...

70.95.305 Solid waste handling permit -- Exemption from requirements -- Application of section -- Rules
(1) Notwithstanding any other provision of this chapter, the department may by rule exempt from the requirements to obtain a solid waste handling permit any ...

70.95.306 Composting of bovine and equine carcasses -- Guidelines -- Exemption from solid waste handling rules
(1) By July 1, 2005, the department of ecology and the department of agriculture, in consultation with the department of health, shall make available to ...

70.95.310 Rules -- Department "deferring" to other permits -- Application of section
(1) Notwithstanding any other provisions of this chapter, the department shall adopt rules: (a) Describing when a jurisdictional health department may, at its discretion, waive ...

70.95.315 Penalty
The department may assess a civil penalty in an amount not to exceed one thousand dollars per day per violation to any person exempt from ...

70.95.320 Construction
Nothing in chapter 156, Laws of 1998 may be construed to affect chapter 81.77 RCW and the authority of the utilities and transportation commission.[1998 c ...

70.95.400 Transporters -- Definition -- Registration required -- Penalties
(1) For the purposes of this section and RCW 70.95.410, "transporter" means any person or entity that transports recyclable materials from commercial or industrial generators ...

70.95.410 Transporters -- Delivery of recyclable materials to transfer station or landfill prohibited -- Records -- Penalty
(1) A transporter may not deliver any recyclable materials for disposal to a transfer station or landfill. (2) A transporter shall keep records of locations ...

70.95.420 Damages
Any person damaged by a violation of RCW 70.95.400 through 70.95.440 may bring a civil action for such a violation by seeking either injunctive relief ...

70.95.430 Solid waste recyclers -- Notice -- Report -- Penalty
(1) All facilities that recycle solid waste, except for those facilities with a current solid waste handling permit issued under RCW 70.95.170, must notify the ...

70.95.440 Financial assurance requirements
(1) The department may adopt rules that establish financial assurance requirements for recycling facilities that do not already have financial assurance requirements under this chapter, ...

70.95.500 Disposal of vehicle tires outside designated area prohibited -- Penalty -- Exemption
(1) No person may drop, deposit, discard, or otherwise dispose of vehicle tires on any public property or private property in this state or in ...

70.95.510 Fee on the retail sale of new replacement vehicle tires
(1) There is levied a one dollar per tire fee on the retail sale of new replacement vehicle tires for a period of five years, ...

70.95.515 Fee on the retail sale of new replacement vehicle tires -- Failure to collect, pay to department -- Penalties
(1) The fee required by this chapter, to be collected by the seller, shall be deemed to be held in trust by the seller until ...

70.95.521 Waste tire removal account
The waste tire removal account is created in the state treasury. All receipts from tire fees imposed under RCW 70.95.510 must be deposited in the ...

70.95.530 Waste tire removal account -- Use
(1) Moneys in the waste tire removal account may be appropriated to the department of ecology: (a) To provide for funding to state and local ...

70.95.535 Disposition of fee
(1) Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain ten percent of the collected one dollar ...

70.95.540 Cooperation with department to aid tire recycling
To aid in the statewide tire recycling campaign, the legislature strongly encourages various industry organizations which are active in resource recycling efforts to provide active ...

70.95.545 Tire recycling -- Report
The department of ecology, in conjunction with the appropriate private sector stakeholders, shall track and report annually to the legislature the total increase or reduction ...

70.95.550 Waste tires -- Definitions
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70.95.555 through 70.95.565. (1) "Storage" or "storing" means the placing of ...

70.95.555 Waste tires -- License for transport or storage business -- Requirements
Any person engaged in the business of transporting or storing waste tires shall be licensed by the department. To obtain a license, each applicant must: ...

70.95.560 Waste tires -- Violation of RCW 70.95.555 -- Penalty
(1) Any person who transports or stores waste tires without a license in violation of RCW 70.95.555 shall be guilty of a gross misdemeanor and ...

70.95.565 Waste tires -- Contracts with unlicensed persons prohibited
No business may enter into a contract for: (1) Transportation of waste tires with an unlicensed waste tire transporter; or (2) Waste tire storage with ...

70.95.570 Limitations on liability
No person or business, having documented proof that it legally transferred possession of waste tires to a validly licensed transporter or storer of waste tires ...

70.95.600 Educational material promoting household waste reduction and recycling
The department of ecology, at the request of a local government jurisdiction, may periodically provide educational material promoting household waste reduction and recycling to public ...

70.95.610 Battery disposal -- Restrictions -- Violators subject to fine -- "Vehicle battery" defined
(1) No person may knowingly dispose of a vehicle battery except by delivery to: A person or entity selling lead acid batteries, a person or ...

70.95.620 Identification procedure for persons accepting used vehicle batteries
The department shall establish a procedure to identify, on an annual basis, those persons accepting used vehicle batteries from retail establishments.[1989 c 431 § 38.] ...

70.95.630 Requirements for accepting used batteries by retailers of vehicle batteries -- Notice
A person selling vehicle batteries at retail in the state shall: (1) Accept, at the time of purchase of a replacement battery, in the place ...

70.95.640 Retail core charge
Each retail sale of a vehicle battery shall include, in the price of the battery for sale, a core charge of not less than five ...

70.95.650 Vehicle battery wholesalers -- Obligations regarding used batteries -- Noncompliance procedure
(1) A person selling vehicle batteries at wholesale to a retail establishment in this state shall accept, at the time and place of transfer, used ...

70.95.660 Department to distribute printed notice -- Issuance of warnings and citations -- Fines
The department shall produce, print, and distribute the notices required by RCW 70.95.630 to all places where vehicle batteries are offered for sale at retail ...

70.95.670 Rules
The department shall adopt rules providing for the implementation and enforcement of RCW 70.95.610 through 70.95.660.[1989 c 431 § 43.] ...

70.95.700 Solid waste incineration or energy recovery facility -- Environmental impact statement requirements
No solid waste incineration or energy recovery facility shall be operated prior to the completion of an environmental impact statement containing the considerations required under ...

70.95.710 Incineration of medical waste
Incineration of medical waste shall be conducted under sufficient burning conditions to reduce all combustible material to a form such that no portion of the ...

70.95.715 Sharps waste -- Drop-off sites -- Pharmacy return program
(1) A solid waste planning jurisdiction may designate sharps waste container drop-off sites. (2) A pharmacy return program shall not be considered a solid waste ...

70.95.720 Closure of energy recovery and incineration facilities -- Recordkeeping requirements
The department shall require energy recovery and incineration facilities to retain records of monitoring and operation data for a minimum of ten years after permanent ...

70.95.810 Composting food and yard wastes -- Grants and study
(1) In order to establish the feasibility of composting food and yard wastes, the department shall provide funds, as available, to local governments submitting a ...

70.95.900 Authority and responsibility of utilities and transportation commission not changed
Nothing in this act shall be deemed to change the authority or responsibility of the Washington utilities and transportation commission to regulate all intrastate carriers.[1969 ...

70.95.901 Severability -- 1989 c 431
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 ...

70.95.902 Section captions not law -- 1989 c 431
Captions and headings used in this act do not constitute any part of the law.[1989 c 431 § 108.] ...

70.95.903 Application of chapter -- Collection and transportation of recyclable materials by recycling companies or nonprofit entities -- Reuse or reclamation
Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from ...

70.95.910 Severability -- 1969 ex.s. c 134
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 ...

70.95.911 Severability -- 1975-'76 2nd ex.s. c 41
If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or ...