WAC 173-905-030

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

"Battery-containing product" means a product that contains or is packaged with rechargeable or primary batteries that are covered batteries. "Battery-containing product" does not include a covered electronic product under an approved plan implemented under chapter 70A.500 RCW.

"Battery management hierarchy" means a management system of covered batteries, prioritized in the following order:

(a) Waste prevention and reduction;

(b) Reuse, when reuse is appropriate;

(c) Recycling, as defined in this chapter; and

(d) Other means of end-of-life management, which may only be utilized after demonstrating to the department that it is not feasible to manage the batteries using priorities in (a) through (c) of the definition.

"Battery-related incident" means a spill, fire, release, or other hazard that poses a risk to public safety or environmental health resulting from the collection, handling, transportation, or processing of a covered battery.

"Battery stewardship organization" means a producer that directly implements a battery stewardship plan or a nonprofit organization designated by a producer or group of producers to implement a battery stewardship plan.

"Battery stewardship plan" or "plan" means a plan developed for the collection, transportation, recycling, and the safe and proper management of covered batteries.

"Best available technologies" means a recycling technology that results in the greatest recycling efficiency rate.

"Brand" means a name, symbol, word, logo, registered or unregistered trademark, or identifying or a traceable mark that identifies a covered battery and attributes the battery to the owner of the brand.

"Chemistry" means the names, symbols, or codes contained in standards created by domestic or internationally recognized standards organizations such as the American National Standards Institute (ANSI), the International Electrotechnical Commission (IEC), or Society of Automotive Engineers (SAE), used by battery manufacturers to identify the electrochemical system of the battery.

"Collection event" means a one-time or recurring activity at a site used by an operator to collect covered batteries on a particular day or days, storing them less than 48 hours.

"Collection rate" means a percentage that is calculated by dividing the total weight of primary and rechargeable batteries collected by a battery stewardship organization during the previous calendar year by the average annual weight of primary and rechargeable batteries that were estimated to have been sold in the state by all producers participating in an approved battery stewardship plan during the previous three calendar years.

"Collection site" means a permanent service location, run by an entity allowed to operate in Washington state, that accepts covered batteries under a battery stewardship plan.

"Covered battery" means a portable battery that has been used in Washington state regardless of where it was purchased. Beginning January 1, 2029, "covered battery" also means a medium format battery that has been used in Washington state regardless of where it was purchased. "Covered battery" does not include:

(a) A battery contained within a medical device that is not marketed to consumers for personal use;

(b) A wet cell battery, including a vehicle battery as defined in WAC 173-331-100; and

(c) A battery that is not intended or designed to be easily removable from a battery-containing product.

"Damaged and defective batteries" means batteries that have been damaged or identified by the manufacturer as being defective for safety reasons, that have the potential of producing a dangerous evolution of heat, fire, or short circuit.

"Demonstrable costs" means costs that a local government participating in a battery stewardship program incurs as a result of covered battery collection activities, at permanent collection sites or through collection events, including labor and nonlabor costs associated with:

(a) Sorting collected batteries;

(b) Packaging collected batteries for transport;

(c) Transportation and consolidation of batteries from satellite sites;

(d) Storage containers unless those containers are provided by the battery stewardship organization;

(e) Transportation to the battery stewardship organization's vendor, if cost effective or more efficient;

(f) Recycling batteries collected at collection events; and

(g) Additional agreed-to costs.

"Department" means the department of ecology.

"Easily removable" means designed by the manufacturer to be removable by the user of the product, without causing damage to the battery contained within the product, using only common household tools.

"Environmentally sound management practices" means practices that:

(a) Comply with all applicable laws and rules to protect workers, public health, and the environment;

(b) Provide for adequate recordkeeping, tracking, and documenting the fate of materials within the state and beyond; and

(c) Include comprehensive liability coverage for the battery stewardship organization, including environmental liability coverage that is commercially practicable.

"Final disposition" means the final processing of a collected battery to produce usable end products, at the point where the battery has been reduced to its constituent parts, reusable portions made available for use, and any residues handled as wastes in accordance with applicable law.

"Geographically isolated community" means a community that has limited or no access to services of other communities, or is otherwise physically separated from other communities, due to limited public transportation options or the presence of natural barriers.

"Large format battery" means:

(a) A rechargeable battery that weighs more than 25 pounds or has a rating of more than 2,000 watt-hours; or

(b) A primary battery that weighs more than 25 pounds.

"Medium format battery" means:

(a) A rechargeable battery weighing more than 11 pounds or has a rating of more than 300 watt-hours, or both, and no more than 25 pounds and has a rating of no more than 2,000 watt-hours; or

(b) A primary battery weighing more than 4.4 pounds but not more than 25 pounds.

"Portable battery" means:

(a) A rechargeable battery weighing no more than 11 pounds and has a rating of no more than 300 watt-hours;

(b) A primary battery weighing no more than 4.4 pounds.

"Primary battery" means a battery that is not capable of being recharged.

"Producer" means the following person responsible for meeting the requirements of chapter 70A.555 RCW and this chapter for a covered battery or battery-containing product sold, offered for sale, or distributed in or into Washington state:

(a) For covered batteries:

(i) If the battery is sold under the battery manufacturer's brand, the manufacturer is the producer;

(ii) If the battery is sold under a retail brand or under a brand owned by a person other than the manufacturer, the brand owner is the producer;

(iii) If there is no person to which (i) or (ii) of this definition applies, the person licensed to use the brand or trademark for the battery is the producer;

(iv) If there is no person described in (i) through (iii) of this definition located in the United States, the importer of record for the battery into the United States is the producer;

(v) If there is no person described in (i) through (iv) of this definition with a commercial presence in the state, the person who first sells or distributes the battery in or into Washington is the producer.

(b) For battery-containing products:

(i) If the battery-containing product is sold under the product manufacturer's brand, the manufacturer is the producer;

(ii) If the battery-containing product is sold under a retail brand or under a brand owned by a person other than the manufacturer, the brand owner is the producer;

(iii) If there is no person to which (i) or (ii) of this definition applies, the person licensed to use the brand or trademark for the product is the producer;

(iv) If there is no person described in (i) through (iii) of this definition located in the United States, the importer of record for the product into the United States is the producer;

(v) If there is no person described in (i) through (iv) of this definition with a commercial presence in the state, the person who first sells, offers for sale, or distributes the product in or into Washington is the producer.

(vi) A producer does not include any person who only manufactures, sells, offers for sale, distributes, or imports into the state a battery-containing product if the only batteries used by the battery-containing product are supplied by a producer that has joined a registered battery stewardship organization as the producer for the covered battery under this chapter. Such a producer of covered batteries that are included in a battery-containing product must provide written certification of that membership to both the producer of the covered battery-containing product and the battery stewardship organization of which the battery producer is a member.

(c) A person is the "producer" of a covered battery or covered battery-containing product sold, offered for sale, or distributed in or into this state, as defined in (a) or (b) of this subsection, except where another party has contractually accepted responsibility as a responsible producer and has joined an approved battery stewardship organization as the producer for that covered battery or covered battery-containing product under this chapter.

"Program" means a program implemented by a battery stewardship organization consistent with an approved battery stewardship plan.

"Rechargeable battery" means a battery that contains one or more voltaic or galvanic cells, is electrically connected to produce electric energy, and is designed to be recharged.

"Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than:

(a) Combustion;

(b) Incineration;

(c) Energy generation;

(d) Fuel production; or

(e) Beneficial reuse in the construction and operation of a solid waste landfill, including use of alternative daily cover.

"Recycling efficiency rate" means the ratio of the weight, in pounds, of covered battery components and materials recycled from covered batteries to the weight, in pounds, of those covered batteries collected by the battery stewardship organization.

"Regulated generator" means a generator as defined in WAC 173-303-040.

"Retailer" means a person who sells, offers for sale, or otherwise makes available covered batteries or battery-containing products to a customer or business by any means including, but not limited to, sales outlets, catalogs, or an online marketplace.

"Urban area" means an area delineated by the United States census bureau, based on a minimum threshold of 2,000 housing units or 5,000 people, as of January 1, 2023.