Revised Code of Washington
Chapter 70A.505 - Mercury-Containing Lights—Proper Disposal.
70A.505.040 - Submission of proposed product stewardship plans—Department to establish rules—Public review—Plan update—Annual report.

RCW 70A.505.040
Submission of proposed product stewardship plans—Department to establish rules—Public review—Plan update—Annual report.

(1) On June 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.
(2) The department shall establish rules for plan content. Plans must include but are not limited to:
(a) All necessary information to inform the department about the plan operator and participating producers and their brands;
(b) The management and organization of the product stewardship program that will oversee the collection, transportation, and processing services;
(c) The identity of collection, transportation, and processing service providers, including a description of the consideration given to existing residential curbside collection infrastructure and mail-back systems as an appropriate collection mechanism;
(d) How the product stewardship program will seek to use businesses within the state, including transportation services, retailers, collection sites and services, existing curbside collection services, existing mail-back services, and processing facilities;
(e) A description of how the public will be informed about the product stewardship program, including how consumers will be provided with information describing collection opportunities for unwanted mercury-containing lights from covered entities and safe handling of mercury-containing lights, waste prevention, and recycling. The description must also include information to make consumers aware that an environmental handling charge has been added to the purchase price of mercury-containing lights sold at retail to fund the mercury-containing light stewardship programs in the state. The environmental handling charge may not be described as a department recycling fee or charge at the point of retail sale;
(f) A description of the financing system required under RCW 70A.505.050;
(g) How mercury and other hazardous substances will be handled for collection through final disposition;
(h) A public review and comment process; and
(i) Any other information deemed necessary by the department to ensure an effective mercury light product stewardship program that is in compliance with all applicable laws and rules.
(3) All plans submitted to the department must be made available for public review on the department's website and at the department's headquarters.
(4) At least two years from the start of the product stewardship program and once every four years thereafter, each stewardship organization operating a product stewardship program must update its product stewardship plan and submit the updated plan to the department for review and approval according to rules adopted by the department.
(5) By June 1, 2016, and each June 1st thereafter, each stewardship organization must submit an annual report to the department describing the results of implementing the stewardship organization's plan for the prior calendar year, including an independent financial audit once every two years. The department may adopt rules for reporting requirements. Financial information included in the annual report must include but is not limited to:
(a) The amount of the environmental handling charge assessed on mercury-containing lights and the revenue generated;
(b) Identification of confidential information pursuant to RCW 43.21A.160 submitted in the annual report; and
(c) The cost of the mercury-containing lights product stewardship program, including line item costs for:
(i) Program operations;
(ii) Communications, including media, printing and fulfillment, public relations, and other education and outreach projects;
(iii) Administration, including administrative personnel costs, travel, compliance and auditing, legal services, banking services, insurance, and other administrative services and supplies, and stewardship organization corporate expenses; and
(iv) Amount of unallocated reserve funds.
(6) Beginning in 2023 every stewardship organization must include in its annual report an analysis of the percent of total sales of lights sold at retail to covered entities in Washington that mercury-containing lights constitute, the estimated number of mercury-containing lights in use by covered entities in the state, and the projected number of unwanted mercury-containing lights to be recycled in future years.
(7) All plans and reports submitted to the department must be made available for public review, excluding sections determined to be confidential pursuant to RCW 43.21A.160, on the department's website and at the department's headquarters.

[ 2020 c 20 § 1416; 2017 c 254 § 2; 2014 c 119 § 4; 2010 c 130 § 4. Formerly RCW 70.275.040.]
NOTES:

Sunset Act application: See note following chapter digest.

Finding—2014 c 119: See note following RCW 70A.505.020.