Revised Code of Washington
Chapter 70A.500 - Electronic Product Recycling.
70A.500.260 - Selling covered electronic products without participating in an approved plan prohibited—Written warning—Penalty—Failure to comply with manufacturer registration requirements.

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.

(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 approved plan as required under RCW 70A.500.050. The written warning must inform the manufacturer that it must participate in an approved plan within thirty days of the notice. Any violation after the initial written warning shall be assessed a penalty of up to ten thousand dollars for each violation.
(2) If the authority or any authorized party fails to implement their approved plan, the department must assess a penalty of up to five thousand dollars for the first violation along with notification that the authority or authorized party must implement its plan within thirty days of the violation. After thirty days, the authority or any authorized party failing to implement their approved plan must be assessed a penalty of up to ten thousand dollars for the second and each subsequent violation.
(3) Any person that does not comply with manufacturer registration requirements under RCW 70A.500.040, education and outreach requirements under RCW 70A.500.120, reporting requirements under RCW 70A.500.140, labeling requirements under RCW 70A.500.160, retailer responsibility requirements under RCW 70A.500.170, collector or transporter registration requirements under RCW 70A.500.240, or requirements under RCW 70A.500.250, must first receive a written warning including a copy of the requirements under this chapter and thirty days to correct the violation. After thirty days, a person must be assessed a penalty of up to one thousand dollars for the first violation and up to two thousand dollars for the second and each subsequent violation.
(4) All penalties levied under this section must be deposited into the electronic products recycling account created under RCW 70A.500.130.
(5) The department shall enforce this section.

[ 2020 c 20 § 1259; 2006 c 183 § 27. Formerly RCW 70.95N.260.]

Structure Revised Code of Washington

Revised Code of Washington

Title 70A - Environmental Health and Safety

Chapter 70A.500 - Electronic Product Recycling.

70A.500.010 - Findings.

70A.500.020 - Definitions.

70A.500.030 - Manufacturer participation.

70A.500.040 - Manufacturer registration.

70A.500.050 - Independent plan requirements.

70A.500.060 - Standard, independent plan requirements—Fees to be set by the department—Acceptance or rejection by department.

70A.500.070 - Plan updates—Revised plan.

70A.500.080 - Independent plan participants changing to standard plan.

70A.500.090 - Collection services.

70A.500.100 - Successor duties.

70A.500.110 - Covered electronic sampling.

70A.500.120 - Promotion of covered product recycling.

70A.500.130 - Electronic products recycling account.

70A.500.140 - Annual reports.

70A.500.150 - Nonprofit charitable organizations—Report.

70A.500.160 - Electronic products for sale must include manufacturer's brand.

70A.500.170 - Sale of covered electronic products.

70A.500.180 - Department website.

70A.500.190 - Return share calculation.

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.

70A.500.210 - Preliminary return share—Notice—Challenges—Final return share.

70A.500.220 - Covered electronic products collected during a program year—Payment per pound under, over equivalent share.

70A.500.230 - Rules—Fees—Reports.

70A.500.240 - Collector, transporter, processor registration.

70A.500.250 - Processors to comply with performance standards for environmentally sound management—Rules.

70A.500.260 - Selling covered electronic products without participating in an approved plan prohibited—Written warning—Penalty—Failure to comply with manufacturer registration requirements.

70A.500.270 - Materials management and financing authority.

70A.500.280 - Board of directors of the authority.

70A.500.290 - Manufacturers to pay their apportioned share of administrative and operational costs—Performance bonds—Dispute arbitration.

70A.500.300 - Authority use of funds.

70A.500.310 - General operating plan.

70A.500.320 - Authority employees—Initial staff support—Authority powers.

70A.500.330 - Federal preemption.

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.

70A.500.900 - Construction—2006 c 183.

70A.500.901 - Effective date—2006 c 183.