HomeMy WebLinkAboutRCW 70A.205.540RCW 70A.205.540 Source separated organic solid waste collection
services—Fees—Exceptions—Rule making. (1) Except as provided in
subsection (3) of this section, in each jurisdiction that implements a
local solid waste plan under RCW 70A.205.040:
(a) Beginning April 1, 2027, source separated organic solid waste
collection services are required to be provided year-round to:
(i) All single-family residents; and
(ii) Nonresidential customers that generate more than .25 cubic
yards per week of organic materials for management;
(b)(i) The department may, by waiver, reduce the collection
frequency requirements in (a) of this subsection for the collection of
dehydrated food waste or to address food waste managed through other
circumstances or technologies that will reduce the volume or odor, or
both, of collected food waste.
(ii) All organic solid waste collected from single-family
residents and businesses under this subsection must be managed through
organic materials management;
(c) Beginning April 1, 2030, the source separated organic solid
waste collection services specified in (a) of this subsection must be
provided on a nonelective basis to customers that receive other
curbside solid waste services, except that a jurisdiction must grant
an exemption to a customer that certifies to the jurisdiction that the
customer is managing organic material waste on-site or self-hauling
its own organic material waste for organic materials management;
(d) Beginning April 1, 2030, each jurisdiction's source separated
organic solid waste collection service must include the acceptance of
food waste year-round. The jurisdiction may choose to collect food
waste source separated from other organic materials or may collect
food waste commingled with other organic materials; and
(e) Beginning April 1, 2030, all persons, when using curbside
collection for disposal, may use only source separated organic solid
waste collection services to discard unwanted organic materials. By
January 1, 2027, the department must develop guidance under which
local jurisdictions must exempt persons from this requirement if
organic materials will be managed through an alternative mechanism
that provides equal or better environmental outcomes. For the purposes
of this subsection (1)(e), "person" or "persons" does not include
multifamily residences, who are instead subject to the provisions of
subsection (5) of this section.
(2)(a) Except as provided in (b) of this subsection, a
jurisdiction may charge and collect fees or rates for the services
provided under subsection (1) of this section, consistent with the
jurisdiction's authority to impose fees and rates under chapters
35.21, 35A.21, 36.58, and 36.58A RCW.
(b) A jurisdiction providing the services required in this
section may not charge, or collect fees or rates from, a person
managing organic materials through an alternative mechanism providing
equal or better environmental outcomes, including composting,
diverting organic materials to animal feed, self-hauling organic
materials to an organic materials management facility, or other means
of beneficially managing unwanted organic materials.
(3)(a) Except as provided in (e) of this subsection, the
requirements of this section do not apply in a jurisdiction if the
department determines that the following apply:
(i) The jurisdiction disposed of less than 5,000 tons of solid
waste in the most recent year for which data is available; or
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(ii) The jurisdiction has a total population of less than 25,000
people.
(b) The requirements of this section do not apply:
(i) In census tracts that have a population density of less than
75 people per square mile that are serviced by the jurisdiction and
located in unincorporated portions of a county, as determined by the
department, in counties not planning under chapter 36.70A RCW;
(ii) In census tracts that have a population density of greater
than 75 people per square mile, where the census tract includes
jurisdictions that meet any of the conditions in (a)(i) and (ii) of
this subsection, that are serviced by the jurisdiction and located in
unincorporated portions of a county, as determined by the department,
in counties not planning under chapter 36.70A RCW;
(iii) Outside of urban growth areas designated pursuant to RCW
36.70A.110 in unincorporated portions of a county planning under
chapter 36.70A RCW;
(iv) Inside of unincorporated urban growth areas for
jurisdictions planning under chapter 36.70A RCW that meet any of the
conditions in (a)(i) and (ii) of this subsection; and
(v) In unincorporated urban growth areas in counties with an
unincorporated population of less than 25,000 people.
(c) A jurisdiction that collects organic materials, but that does
not collect organic materials on a year-round basis as of January 1,
2024, is not required to provide year-round organic solid waste
collection services if it provides those services at least 26 weeks
annually.
(d) In addition to the exemptions in (a) through (c) of this
subsection, the department may issue a renewable waiver to
jurisdictions or portions of a jurisdiction under this subsection for
up to five years, based on consideration of factors including the
distance to organic materials management facilities, the sufficiency
of the capacity to manage organic materials at facilities to which
organic materials could feasibly and economically be delivered from
the jurisdiction, and restrictions in the transport of organic
materials under chapter 17.24 RCW. The department may adopt rules to
specify the type of information that a waiver applicant must submit to
the department and to specify the department's process for reviewing
and approving waiver applications.
(e) Beginning January 1, 2030, the department may adopt a rule to
require that the provisions of this section apply in the jurisdictions
identified in (b) through (d) of this subsection, but only if the
department determines that the goals established in RCW 70A.205.007(1)
have not or will not be achieved.
(4) Any city that newly begins implementing an independent solid
waste plan under RCW 70A.205.040 after July 1, 2022, must meet the
requirements of subsection (1) of this section.
(5)(a) Jurisdictions planning together or independently that
submit a preliminary draft solid waste management plan to the
department under RCW 70A.205.040 and 70A.205.055(1) after July 1,
2026, must include programs and establish a timeline to implement a
phase-in to require collection of source separated organic materials
from multifamily residences in areas subject to the organic materials
management requirements of subsections (1) and (3) of this section.
The programs and phase-in established under this subsection must
include required collection of source separated organic materials from
all newly constructed or substantially remodeled multifamily
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residential buildings certified for occupancy after the local solid
waste plan update takes effect.
(b) Programs established under this subsection may allow for
waivers from the requirements for source separated organic materials
for an existing multifamily structure if it is determined that the
structure does not have adequate storage space for collection of
source separated organic materials. In cases where space constraints
are determined to exist, the feasibility of shared containers by
contiguous multifamily structures or between multifamily structures
and adjacent businesses shall also be evaluated before a waiver is
granted.
(c) For purposes of this subsection (5), "substantially
remodeled" means a remodeled building for which the total cost exceeds
one-half of the assessed value of the building for property tax
purposes at the time the contract for the remodel work was made.
(6) Nothing in this section affects the authority or duties of
the department of agriculture related to pest and noxious weed control
and quarantine measures under chapter 17.24 RCW.
(7) No penalty may be assessed on an individual or resident for
the improper disposal of organic materials under subsection (1) of
this section in a noncommercial or residential setting.
(8) The department must adopt new rules or amend existing rules
adopted under this chapter establishing permit requirements for
organic materials management facilities requiring a solid waste
handling permit addressing contamination associated with incoming food
waste feedstocks and finished products, for environmental benefit.
(9) Nothing in this section precludes the ability of a person to
use on-site composting, the diversion of organic materials to animal
feed, self-haul organic materials to a facility, or other means of
beneficially managing unwanted organic materials. [2025 c 314 s 4;
2024 c 341 s 301; 2022 c 180 s 102.]
Findings—Intent—2025 c 314: See note following RCW 70A.207.050.
Findings—Intent—2024 c 341: See note following RCW 70A.207.040.
Findings—Intent—Scope of authority of chapter 180, Laws of 2022
—2022 c 180: See notes following RCW 70A.205.007.
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