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Litter Laws & Litter Tax
Twenty-five thousand accidents a year result from unsecured loads in the United States. On average, 400 accidents involving road debris occur each year on Washington state highways. Fallen items endanger other motorists not only because the debris may strike other vehicles, but also because motorists may have to swerve to avoid the debris. These situations also cause traffic jams. Having tarps, netting, and other tie-down materials to secure loads is a great way to prevent roadside accidents. RCW 46.61.655 outlines what will happen if a law enforcement officer catches someone with an unsecured load on public roads. The Waste Reduction, Recycling, and Model Litter Control Act Chapter 70.93 Revised Code of Washington Background The Waste Reduction, Recycling, and Model Litter Control Act (WRRMLCA), or RCW 70.93, is the primary law that guides and directs litter programs in Washington State. Originally passed by the Washington State Legislature in 1971 as the Model Litter Control Act, the law was the first of its kind anywhere. The law was ratified by the voters in the 1972 general election as an alternative to a forced beverage container deposit proposal. Amendments in 1979 added a youth employment program and public awareness activities concerning recycling. Increased concern over the litter problem was brought to the forefront in 1997 when the Department of Ecology (Ecology) convened a Litter Task Force to examine the effectiveness of litter control in Washington State as carried out in accordance with RCW 70.93. Several recommendations were made for improving the existing system and moving toward a standard of zero litter. These recommendations were presented to the 1998 State Legislature and formed the basis of the 1998 Litter Act, which passed in the spring of 1998 (Second Substitute House Bill 3058), amending Chapter 70.93 RCW. The legislation included several changes. Most significantly, it put the Department of Ecology in a leadership role, with responsibility and accountability for administering allocations from the Waste Reduction, Recycling, and Litter Control Account. A central coordinator within Ecology works cooperatively with other state agencies (Departments of Corrections, Transportation, Natural Resources, Revenue, and the Parks & Recreation Commission) to develop programs and monitor their progress and results. By centralizing management of the fund, Ecology can focus on coordinating litter collection and prevention efforts. Among other things, the law calls for Ecology to conduct programs to control and remove litter, foster the waste reduction and recycling, and increase public awareness of the need for recycling and litter control. Funding RCW 70.93.180 created an account within the state treasury known as the Waste Reduction, Recycling, and Litter Control Account. The account is funded through a litter tax imposed on industries whose products are related to the litter problem. The legislation provides clear direction on how litter account funds are to be allocated: twenty percent is to fund the Community Litter Cleanup Program; thirty percent is to fund waste reduction and recycling efforts; and fifty percent is to fund litter cleanup efforts. Besides funding the Ecology Youth Corps, the fifty percent dedicated to cleanup efforts will fund litter activities carried out by other state agencies (Natural Resources, Corrections, Transportation, Parks, and Revenue). Chapter 70.93 also includes information on enforcement and penalties for littering. Portions of Chapter 70.93 RCW are repeated in Chapter 70.95 RCW, Solid Waste Management - Reduction and Recycling. See section RCW 70.95.240. back to top Litter Tax Chapter 82.19 Revised Code of Washington Statewide litter and recycling programs outlined in RCW 70.93, are funded by the Waste Reduction, Recycling, and Litter Control Account. The account is funded by a tax on industries that sell, manufacture, or distribute products and packaging that tend to become litter. Passed along with the original Model Litter Control Act in 1971, the tax is unique in that it was businesses and industries themselves who proposed the taxsessment on themselves. The Model Litter Control Act was created in response to proposals for a beverage container redemption law, or "bottle bill." Bottle bills have been proposed several times in since the early 1970s but have never passed, either turned down by the voters or defeated through the lobbying efforts of the beverage industry. The tax rate, which has not changed since it was originally passed, is relatively small at .015 percent, which equates to $150 per $1 million of gross proceeds. The tax is broad-based and does not create any traceable impact on consumer prices. In the late 1990s the tax generated between $5 and $7 million per year. In addition to Washington, six other states have similar legislation: Nebraska, New Jersey, Ohio, Rhode Island, Tennessee, and Virginia. back to top The measure of the tax is the gross proceeds of the sales of the businesses and will apply to places of business selling products falling into thirteen categories as listed in Chapter 82.19 RCW and further defined in Chapter 458.20.243 Washington Administrative Code. The categories are:
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Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
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