(1) Collection services for covered materials determined to be suitable for residential recycling collection under RCW
70A.208.090 must be available wherever residential garbage collection services are available, except in areas subject to a county ordinance as specified in RCW
70A.205.045(7)(b)(i)(C).
(2) An alternative collection program or programs for each covered material included on the alternative collection list must be provided under a plan. For purposes of the first plan implementation period, an alternative collection program may be proposed by a producer responsibility organization, a group of producers with a petition granted by the department under RCW
70A.208.090(5), or a majority of producers of a unique product type whose packaging is designated for alternative collection. A proposal under this subsection must be submitted at the same time as the plan, and is subject to the same approval process as the plan. An alternative collection program must:
(a) Provide year-round, convenient, statewide collection opportunities, including at least one drop-off collection site located in each county;
(b) Provide tiers of service for collection, convenience, number of drop-off collection sites, and additional collection systems based on:
(i) County population size;
(ii) County population density; and
(iii) Each class of city or town under chapter
35.01 RCW;
(c) Ensure materials are sent to responsible markets;
(d) Use education and outreach strategies that can be expected to significantly increase consumer awareness of the program throughout the state; and
(e) Accurately measure the amount of each covered material collected and the applicable performance target and statewide requirement.
(3) A plan for an alternative collection program must include:
(a) The number, type, and location of each collection opportunity;
(b) A description of how each of the program requirements in (a) of this subsection will be met; and
(c) Performance targets for each covered material, as applicable, to be managed through an alternative collection program.
(4) Every subsequent needs assessment after the first needs assessment must include a review of alternative collection programs for each covered material on the statewide alternative collection list to determine if the program is meeting the criteria established in subsection (2) of this section.
(5) A retail establishment may choose to serve as a drop-off location or collection event as part of an alternative collection program, through mutual agreement with a producer responsibility organization or group of producers implementing an alternative collection program.
(6) Any group of producers, other than the producer responsibility organization registered with the department, that manages an approved alternative collection plan during the first plan implementation period must:
(a) Be exclusively responsible for management of the distinct material, packaging, or product type covered by that plan and may thereby wholly or partially offset the producers' payment obligations under this chapter with respect to the distinct material, packaging, or product type only; and
(b) Comply with all requirements applicable to a producer responsibility organization under this chapter, other than requirements determined by the department not to be relevant to the group of producers as a result of the producers' need to only manage a distinct material, packaging, or product type rather than multiple types of materials, packaging, or product types.
