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Waste 2 Resources Program

Compliance Information

Penalty sections of the statute

RCW 70.95.315 Transporters—Definitions—Registration Required—Penalty

(1) for the purpose of this section and RCW 70.95.410, “transporter” means any person or entity that transports recyclable materials from commercial or industrial generators over the public highways of the state of Washington for compensation, and who are required to possess a permit to operate from the Washington utilities and transportation commission under chapter 81.80 RCW. “Transporter” includes commercial recycling operations of certified solid waste collection companies as provided in chapter 81.77 RCW. “Transporter” does not include:

(a) Carriers of commercial recyclable materials, when such materials are owned or being bought or solid by the entity or persons, and being carried in their own vehicle, when such activity is incidental to the conduct of an entity or person’s primary business;

(b) Entities or persons hauling their own recyclables or hauling recyclables they generated or purchased and transported in their own vehicles;

(c) Nonprofit or charitable organizations collecting and transporting recyclable materials from a buyback center, drop box, or from a commercial or industrial generator of recyclable materials;

(d) City municipal solid waste departments or city solid waste contractors; or

(e) Common carriers under chapter 81.80 RCW whose primary business is not the transportation of recyclable materials.

(2) All transporters shall register with the department prior to the transportation of recyclable materials. The department shall supply forms for registration.

(3) A transporter who transports recyclable materials within the state without a transporter registration required by this section is subject to a civil penalty in an amount up to one thousand dollars per violation.

RCW 70.95.410 Transporters—Delivery of recyclable materials to transfer stations 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 and quantities specifically identified in relation to a generator’ name, service date, address, and invoice, documenting where recyclables have been sold, delivered for processing, or otherwise marketed. These records must be retained for two years form the date of collection, and must be made accessible for inspection by the department and the local health department.

(3) A transporter who violates the provisions of this section is subject to a civil penalty of up to one thousand dollars per violation.

RCW 70.95.420 Damages

Any person damaged by a violation of RCW 70.95.400 through RCW 70.95.440 may bring civil action for such a violation by seeking either injunctive relief or damages, or both, in the superior court where the violation took place or in Thurston county. The prevailing party in such an action is entitled to reasonable costs and attorney’s fees, including those on appeal.

RCW 70.95.430 and RCW 70.95.440 referenced in RCW 70.95.420 do not apply to transporters.

Compliance Process

Ecology has developed Compliance Guidelines to assure due process is followed in every case of violations of state laws and rules. Each program develops its compliance protocols reflecting its specific statutory nuisances but insuring consistency with the overall agency process. There has been not specific compliance protocols developed for transporter registration violations. The program will follow the agency compliance protocols.


Statute

Original Bill
RCW 70.95.400

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Compliance Information

Transporter Registration List

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