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70A.425.020 | Short title. | This chapter shall be cited as the Washington Poison Prevention Act of 1974.
[ 1974 ex.s. c 49 s 2 . Formerly RCW 70.106.020 .] |
70A.425.030 | Definitions—Construction. | The definitions in RCW 70A.425.040 through 70A.425.090 unless the context otherwise requires shall govern the construction of this chapter.
[ 2020 c 20 s 1322 ; 1974 ex.s. c 49 s 3 . Formerly RCW 70.106.030 .] |
70A.425.040 | "Director" defined. | "Director" means the director of the department of agriculture of the state of Washington, or his or her duly authorized representative.
[ 2012 c 117 s 418 ; 1974 ex.s. c 49 s 4 . Formerly RCW 70.106.040 .] |
70A.425.050 | "Sale" defined. | "Sale" means to sell, offer for sale, hold for sale, handle or use as an inducement in the promotion of a household substance or the sale of another article or product.
[ 1974 ex.s. c 49 s 5 . Formerly RCW 70.106.050 .] |
70A.425.060 | "Household substance" defined. | "Household substance" means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is: (1) A "hazardous substance", which means (a) any substance or mixture of substances or product which (i) is toxic, (ii) is... |
70A.425.070 | "Package" defined. | "Package" means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of RCW 70A.425.110 (1)(b), also means any outer container or wrapping used in the retail display of any such substance to consume... |
70A.425.080 | "Special packaging" defined. | "Special packaging" means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging ... |
70A.425.090 | "Labeling" defined. | "Labeling" means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying such substance.
[ 1974 ex.s. c 49 s 9 . Formerly RCW 70.106.090 .] |
70A.425.100 | Standards for packaging. | (1) The director may establish in accordance with the provisions of this chapter, by regulation, standards for the special packaging of any household substance if he or she finds that: (a) The degree or nature of the hazard to children in the availability of such substance, by reason of its packaging is such that speci... |
70A.425.110 | Exceptions from packaging standards. | (1) For the purpose of making any household substance which is subject to a standard established under RCW 70A.425.100 readily available to elderly persons or persons with disabilities unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may packag... |
70A.425.120 | Adoption of rules and regulations under federal poison prevention packaging act. | One of the purposes of this chapter is to promote uniformity with the Poison Prevention Packaging Act of 1970 and rules and regulations adopted thereunder. In accordance with such declared purpose, all of the special packaging rules and regulations adopted under the Poison Prevention Packaging Act of 1970 (84 Stat. 167... |
70A.425.130 | Penalties. | (1) Except as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted under this chapter is guilty of a misdemeanor. (2) A second or subsequent violation of the provisions of this chapter or rules adopted under this chapter is a gross misdemeanor. Any offense com... |
70A.425.140 | Authority to adopt regulations—Delegation of authority to pharmacy quality assurance commission. | The authority to promulgate regulations for the efficient enforcement of this chapter is hereby vested in the director. However, the director shall designate the pharmacy quality assurance commission to carry out all the provisions of this chapter pertaining to drugs and cosmetics, with authority to promulgate regulati... |
70A.425.900 | Saving—1974 ex.s. c 49. | The enactment of this 1974 act shall not have the effect of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on July 24, 1974.
[ 1974 ex.s. c 49 s 15 . Formerly RCW 70.106.905 .] |
70A.425.901 | Chapter cumulative and nonexclusive. | The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1974 ex.s. c 49 s 17 . Formerly RCW 70.106.910 .] |
70A.430.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Additive TBBPA" means the chemical tetrabromobisphenol A, chemical abstracts service number 79-94-7, as of June 9, 2016, in a form that has not undergone a reactive process and is not covalently bonded to a... |
70A.430.020 | Prohibition on the manufacturing and sale of children's products containing lead, cadmium, or phthalates. | (1) Beginning July 1, 2009, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state a children's product or product component containing the following: (a) Except as provided in subsection (2) of this section, lead at more than .... |
70A.430.030 | Prohibition on the manufacturing and sale of children's products and residential upholstered furniture containing certain flame retardants. | Beginning July 1, 2017, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state children's products or residential upholstered furniture, as defined in RCW 70A.405.010 , containing any of the following flame retardants in amounts... |
70A.430.040 | Identification of high priority chemicals—Report. | (1) By January 1, 2009, the department, in consultation with the department of health, shall identify high priority chemicals that are of high concern for children after considering a child's or developing fetus's potential for exposure to each chemical. In identifying the chemicals, the department shall include chemic... |
70A.430.050 | Certain flame retardant chemicals—Review—Stakeholder advisory committee—Report. | (1) The department shall consider whether the following flame retardants meet the criteria of a chemical of high concern for children: (a) IPTPP; (b) TBB; (c) TBPH; (d) TCPP; (e) TPP; (f) V6. (2)(a) Within one year of the department adopting a rule that identifies a flame retardant in subsection (1) of this section as ... |
70A.430.060 | Notice that a children's product or a consumer product contains a high priority chemical. | A manufacturer of a children's product or a consumer product containing a priority chemical subject to a rule adopted to implement a determination made consistent with RCW 70A.350.040 (1)(b), or a trade organization on behalf of its member manufacturers, shall provide notice to the department that the manufacturer's pr... |
70A.430.070 | Manufacturers of restricted products—Notice to sellers and distributors—Civil penalty. | (1) A manufacturer of products that are restricted under this chapter must notify persons that sell the manufacturer's products in this state about the provisions of this chapter no less than 90 days prior to the effective date of the restrictions. (2) A manufacturer that produces, sells, or distributes a product prohi... |
70A.430.080 | Adoption of rules. | The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
[ 2008 c 288 s 9 . Formerly RCW 70.240.060 .] |
70A.435.010 | Findings. | The legislature finds that: (1) Environmental health hazards associated with lead wheel weights are a preventable problem. People are exposed to lead fragments and dust when lead wheel weights fall from motor vehicles onto Washington roadways and are then abraded and pulverized by traffic. Lead wheel weights on and alo... |
70A.435.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of ecology. (2) "Environmentally preferred wheel weight" means any wheel weight used for balancing motor vehicle wheels that do not include more than 0.5 percent by weight o... |
70A.435.030 | Replacement of lead wheel weights with environmentally preferred wheel weights—Failure to comply. | (1) On and after January 1, 2011, a person who replaces or balances motor vehicle tires must replace lead wheel weights with environmentally preferred wheel weights on all vehicles when they replace or balance tires in Washington. However, the person may use alternatives to lead wheel weights that are determined by the... |
70A.435.040 | Department's duties—Enforcement sequence. | (1) The department shall achieve compliance with RCW 70A.435.030 through the enforcement sequence specified in this section. (2) To provide assistance in identifying environmentally preferred wheel weights, the department shall, by October 1, 2010, prepare and distribute information regarding this chapter to the maximu... |
70A.435.050 | Penalties. | (1) An initial violation of RCW 70A.435.030 (1) is punishable by a civil penalty not to exceed five hundred dollars. Subsequent violations of RCW 70A.435.030 (1) are punishable by civil penalties not to exceed one thousand dollars for each violation. (2) Penalties collected under this section must be deposited in the m... |
70A.435.060 | Adoption of rules. | The department may adopt rules to fully implement this chapter.
[ 2009 c 243 s 6 . Formerly RCW 70.270.060 .] |
70A.440.010 | Definitions. | 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 thousand milligrams per kilogram. "Coal tar" i... |
70A.440.020 | Coal tar pavement product—Sale or application prohibited—Notice of corrective action—Authority to adopt ordinance to enforce section. | (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 of corrective action to a person in vio... |
70A.445.005 | Intent. | 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 intends to phase out the use of copper-ba... |
70A.445.010 | Definitions. | 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 no more than sixty-five feet in lengt... |
70A.445.020 | Antifouling paint—Review—Report to the legislature—Restrictions on sale and application. | (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 alternatives; and any additional scientific or ... |
70A.445.030 | Recreational water vessel hull cleaning—Best practices. | 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 consider the type of antifouling paint used ... |
70A.445.040 | Civil penalty. | (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 collected by the department under this chapte... |
70A.445.050 | Statewide advisory committee—Survey—Report to the legislature. | (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 offered for sale in this state to dete... |
70A.445.060 | Rule-making authority. | The department may adopt rules as necessary to implement this chapter.
[ 2011 c 248 s 7 . Formerly RCW 70.300.060 .] |
70A.445.070 | Prohibition on sales of new recreational water vessels containing certain antifouling paint. | (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 registration number 28159-98-0. (2) Beginning ... |
70A.445.080 | Notice to the department. | (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 containing the substance; (b) Product i... |
70A.450.010 | Purpose of chapter. | 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, maintenance, repair, removal, and disposal... |
70A.450.020 | Definitions. | 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), anthophyllite, and any of these minerals that hav... |
70A.450.030 | Labeling requirement for asbestos-containing building materials. | (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 labeling requirement also applies to stock... |
70A.450.040 | Placement of label—Content of label's notice—Tampering with label unlawful. | (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 exterior surface of the asbestos-containing bu... |
70A.450.050 | Enforcement of chapter—Penalties. | (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 .] |
70A.450.060 | Use of asbestos-containing building materials in new construction—Prohibition—Exceptions. | (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 construction; (b) The use of asbestos-c... |
70A.450.070 | Inspection of certain facilities for asbestos-containing building materials—Asbestos management plan—Content—Penalties. | (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 asbestos-containing building materials are fou... |
70A.455.010 | Findings—Intent. | (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 misleading, confusing, and deceptive labeling ... |
70A.455.020 | Definitions. | 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 applications that biodegrades in soil after being... |
70A.455.030 | Use of terms on label. | (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 imply that the plastic product will break d... |
70A.455.040 | Requirements for a product labeled "compostable." | (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) ASTM standard specification D8410; (d) I... |
70A.455.050 | Film bags—Identification. | (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 purposes of this section, "readily and ... |
70A.455.060 | Plastic food service products/film products—Identification. | (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 a manner that is consistent with the fe... |
70A.455.070 | Producers of plastic film bags or food service products—Prohibited, discouraged, and encouraged acts. | (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 products that meet the applicable ASTM... |
70A.455.080 | Submission of information demonstrating compliance with chapter—Other information. | (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 understand and scientifically accurate. (2) ... |
70A.455.090 | Enforcement of chapter—Penalties. | (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 civil penalty in the amount of up to $2,00... |
70A.455.100 | Producers in violation of chapter—Penalties. | (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 the same noncompliant product by stock-k... |
70A.455.120 | Rules—Producers' declaration—Enforcement. | (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 the standards established under thos... |
70A.455.130 | Labeling a product "home compostable"—Requirements. | 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; (3) The product is otherwise labeled i... |
70A.455.140 | On-product marking requirements—Exception for paper-based sheets. | 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 not apply to requirements other than mar... |
70A.500.010 | Findings. | 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 that are less toxic and more recyclable. Th... |
70A.500.020 | Definitions. | 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 individual independent plan or the ent... |
70A.500.030 | Manufacturer participation. | (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 than January 1, 2009. (3) The manufacture... |
70A.500.040 | Manufacturer registration. | (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 under RCW 70A.500.230 . (3) The departme... |
70A.500.050 | Independent plan requirements. | (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 submitted by an individual manufacturer or... |
70A.500.060 | Standard, independent plan requirements—Fees to be set by the department—Acceptance or rejection by department. | (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 authorized party submitting an independ... |
70A.500.070 | Plan updates—Revised plan. | (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 shall submit to the department within sixt... |
70A.500.080 | Independent plan participants changing to standard plan. | (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 a program year. (3) A manufacturer par... |
70A.500.090 | Collection services. | (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 areas. Each program must provide collec... |
70A.500.100 | Successor duties. | 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 entity per the purchase agreement and t... |
70A.500.110 | Covered electronic sampling. | (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 the brand names of covered electronic pr... |
70A.500.120 | Promotion of covered product recycling. | (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 recycling program in sufficient detail to... |
70A.500.130 | Electronic products recycling account. | (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 registration fees, fees associated with revi... |
70A.500.140 | Annual reports. | (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 in pounds of each type of covered elect... |
70A.500.150 | Nonprofit charitable organizations—Report. | 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 electronic products shall file a report with the ... |
70A.500.160 | Electronic products for sale must include manufacturer's brand. | (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 possession of unlabeled products on January 1,... |
70A.500.170 | Sale of covered electronic products. | 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.500.050 . A person that sells or offers for sa... |
70A.500.180 | Department website. | (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 participating in an approved plan under R... |
70A.500.190 | Return share calculation. | (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 electronic products identified for all manufact... |
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. | (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 total weight in pounds of covered electr... |
70A.500.210 | Preliminary return share—Notice—Challenges—Final return share. | (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 by June 1st of each program year for t... |
70A.500.220 | Covered electronic products collected during a program year—Payment per pound under, over equivalent share. | (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 submit to the department a payment equal to ... |
70A.500.230 | Rules—Fees—Reports. | (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 and be adjusted no more often than once ... |
70A.500.240 | Collector, transporter, processor registration. | (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 shall develop a single form for registr... |
70A.500.250 | Processors to comply with performance standards for environmentally sound management—Rules. | (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 statement that the processor will comply with... |
70A.500.260 | Selling covered electronic products without participating in an approved plan prohibited—Written warning—Penalty—Failure to comply with manufacturer registration requirements. | (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 approved plan or is not participating in an... |
70A.500.270 | Materials management and financing authority. | (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, transportation, and recycling program fo... |
70A.500.280 | Board of directors of the authority. | (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 ten brand owners by return share of cove... |
70A.500.290 | Manufacturers to pay their apportioned share of administrative and operational costs—Performance bonds—Dispute arbitration. | (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 program operated by the authority to meet th... |
70A.500.300 | Authority use of funds. | (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 plan; (b) Pay for the expenses of the a... |
70A.500.310 | General operating plan. | (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 procedures must be adopted by resolution prior t... |
70A.500.320 | Authority employees—Initial staff support—Authority powers. | (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 not classified employees of the state. E... |
70A.500.330 | Federal preemption. | 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 mechanism for collection, transportation, a... |
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. | (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 order may be sold or donated as whole prod... |
70A.500.900 | Construction—2006 c 183. | This act must be liberally construed to carry out its purposes and objectives.
[ 2006 c 183 s 38 . Formerly RCW 70.95N.900 .] |
70A.500.901 | Effective date—2006 c 183. | This act takes effect July 1, 2006.
[ 2006 c 183 s 40 . Formerly RCW 70.95N.902 .] |
70A.505.010 | Findings—Purpose.(Effective until January 1, 2035.) | 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 appropriate for product stewardship; (2) Conve... |
70A.505.020 | Definitions.(Effective until January 1, 2035.) | 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. (2) "Collection" or "collect" means, e... |
70A.505.030 | Product stewardship program.(Effective until January 1, 2035.) | (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 stewardship organization and financed in the m... |
70A.505.040 | Submission of proposed product stewardship plans—Department to establish rules—Public review—Plan update—Annual report.(Effective until January 1, 2035.) | (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 January 1st of the following calendar year. (b... |
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