(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 70.95N.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 70.95N.040, education and
outreach requirements under RCW 70.95N.120, reporting
requirements under RCW 70.95N.140, labeling requirements under
RCW 70.95N.160, retailer responsibility requirements under RCW 70.95N.170, collector or transporter registration requirements
under RCW 70.95N.240, or requirements under RCW 70.95N.250 and
*section 26 of this act, 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 70.95N.130.
(5) The department shall enforce this section.
[2006 c 183 § 27.]
NOTES:
*Reviser's note: Section 26 of this act was vetoed by the governor.