State Recycling Reform Act places new obligations on producers; Ecology outlines timeline and county implications

Kara, a Department of Ecology presenter, briefed the Clallam County Solid Waste Advisory Committee on the Recycling Reform Act and what the new law will require of producers, service providers and the agency.

"It's a program similar to e-cycle or PaintCare where the Recycling Reform Act establishes an extended producer responsibility program where the producers of packaging, consumer packaging, must take responsibility for the end of life management of their products," Kara said. She stressed the law covers consumer packaging and residential recycling programs, not industrial, commercial or institutional recycling.

Kara described how the program will be administered: producers will join or form a nonprofit producer responsibility organization (PRO) that contracts with service providers and reimburses eligible costs; Ecology will oversee the startup and perform rulemaking, studies and enforcement. "The PRO will have to develop and implement a program plan, reimburse service providers for their costs, and cover Ecology's costs," Kara said.

Key near-term milestones and requirements highlighted by Ecology include:

- Producer registration and PRO formation: Ecology expects the PRO to register with the agency by March 1; it will be a central actor that collects producer fees and pays service providers.

- Service-provider registration and data collection: entities that provide covered serviceshaulers, materials recovery facilities (MRFs), local governments and reuse/refill operatorsmust register with Ecology by January 31; Ecology is building a database and plans outreach and webinars to assist registrants.

- Studies, advisory council and public input: Ecology will complete needs assessments (including modeling a deposit-return system and assessing existing services) and establish an advisory council (19 seats). Kara said there were roughly 43 applicants for about 17–19 seats and that the council must be established by January; meetings will be open to the public.

- Reimbursement schedule and performance standards: service providers may invoice the PRO monthly. Ecology explained reimbursement will cover 50% of eligible service-provider costs in the first year, 75% in the second year and at least 90% in year three and beyond; providers must meet performance standards and document that materials reach responsible end markets.

- Reporting expectations for MRFs: Kara said MRF operators will be expected to report inbound and outbound tons by jurisdiction and service provider, contamination rates and residual composition, disposal locations, and specified labor metrics; Ecology acknowledged this is a heavy lift and will support outreach.

Kara said studies predict the program should provide curbside recycling to about 500,000 residents who currently lack service and that Ecology will maintain a statewide list of recyclable materials to reduce public confusion. She noted program start-up steps and enforcement of responsible end-market requirements begin in 2030–2031.

Committee members asked whether producers could pass fees to consumers and how fees will be set. Kara responded that the PRO will work with producers to quantify pounds sold and set fees by material type and recyclability; Ecology reviews fee schedules for reasonableness but does not collect fees. "The less recyclable the item is, the more you pay," she said; producers pay based on weight classes reported to the PRO.

Kara urged local governments, haulers and MRFs to sign up for Ecology's email list for notices, to participate in advisory-council and rulemaking opportunities, and to use Ecology's webinars and posted materials. She said Ecology will share slide materials and the longer recorded presentation.

Ending: Kara said Ecology will hold additional webinars, provide templates and outreach, and encouraged committee members to join the advisory council or public comment opportunities as the program moves toward registration and rulemaking.