RRA Penalties: What Non-Compliance Can Cost Your Business
What can Ecology do to a producer that does not comply?
Ecology may administratively impose a civil penalty of up to $1,000 per violation per day on a producer that violates the chapter. For the second and each subsequent violation, the limit is $10,000 per violation per day (RCW 70A.208.230(1)(a)). The statute says "the department," which RCW 70A.208.020(17) defines as the department of ecology.
For a producer out of compliance, the department must provide written notification and offer information. That notification serves as the notice of violation. The department must issue at least one notice of violation by certified mail before it assesses a penalty. It may only penalize a producer that has not met the chapter's requirements 60 days after the date the notification was sent (RCW 70A.208.230(1)(b)).
The text does not say which days count toward a per day amount, or what makes a violation the second one. Ecology may adopt rules for those purposes (RCW 70A.208.060(1)) and must adopt rules to administer and implement the chapter by 2028 (RCW 70A.208.060(2)(j)), so check for new rules before you rely on the statute alone. Whether you are a producer depends on your place in the supply chain, and our coverage checklist walks through it.
Producer responsibility organizations (PROs) face the same two amounts (RCW 70A.208.230(2)(a)). Subsection (2)(b) lets Ecology add orders, including a corrective action order, revoking plan approval and requiring implementation of the contingency plan, or requiring additional reporting. Before acting, Ecology must give the PRO a chance to respond to or rebut its written finding (subsection (2)(c)).
What if you only sell a non-compliant producer's products?
Subsection (3) applies to you even if you are not the producer. It says a person may not sell or distribute in or into the state a covered material of a producer that is not participating in a PRO. The same goes for the covered material of a producer that is not in compliance with the chapter or its rules. The text says "a person," not "a producer," so a store that sells the material is within its wording (RCW 70A.208.230(3)). The steps differ from the producer rule:
- The department must serve, or send with delivery confirmation, a written warning explaining the violation. Certified mail is the producer step.
- The department may assess a penalty on a person that continues to sell or distribute the covered materials of a producer in violation 60 days after receipt of the warning. For a producer the 60 days runs from the send date; for a seller, from receipt.
- The amount the department may assess is twice the value of the covered materials sold in violation, or $500, whichever is greater. It is not stated per violation or per day, and the subsection does not say how value is measured.
- The department must waive the penalty upon verification that the person has discontinued distribution or sales of the covered material within 30 days of the date the penalty is assessed.
Ecology must set up a public website that includes the names of producers and brands that Ecology or a PRO has identified as not in compliance (RCW 70A.208.060(2)(v)(ix)). The chapter does not say when that list must first appear, so check whether it is live before you rely on it. Side by side, the three rules read like this:
| Who | Subsection | Amount | Notice first | Waiting period |
|---|---|---|---|---|
| Producer | (1) | Up to $1,000 per violation per day; up to $10,000 per violation per day for the second and each subsequent violation | At least one notice of violation by certified mail | 60 days from the date the notice was sent |
| PRO | (2) | The same two amounts, plus the orders in (2)(b) | A chance to respond to or rebut the written finding | None stated |
| Person that sells or distributes | (3) | Twice the value of the covered materials sold in violation, or $500, whichever is greater | Written warning, served or sent with delivery confirmation | 60 days after receipt of the warning; waived if sales stop within 30 days of the assessment date |
When do these rules start to apply?
Duties start on different dates. The chapter sets these:
- By January 1, 2026: each producer must appoint a PRO to address its covered materials (RCW 70A.208.030(1)).
- After July 1, 2026: a producer must be a member of a registered PRO, or register as a PRO that will implement an individual plan (RCW 70A.208.040(1)(a)).
- Beginning March 1, 2029: a producer that is not a member in good standing with a registered PRO, or has not submitted an individual plan, may not introduce covered materials into the state (RCW 70A.208.040(2)). To "introduce" is to sell, offer for sale, distribute or ship a product within or into the state (RCW 70A.208.020(22)).
- Beginning March 1, 2029: Ecology must initiate enforcement activities with respect to noncompliant producers that are not members of the PRO, consistent with RCW 70A.208.040(2) and 70A.208.230 (RCW 70A.208.060(2)(m)).
The last item is the only enforcement start date in the chapter, and it covers producers that are not members. RCW 70A.208.230 has no start date, and the seller rule in subsection (3) carries none. The chapter does not say whether penalties for other violations can come before March 1, 2029. Do not treat that date as a general grace period. Our deadlines article covers the full sequence.
Where do penalties go, and can you appeal?
Penalties levied under RCW 70A.208.230 must be deposited in the recycling enhancement account created in RCW 70A.245.100 (subsection (5)). Any person who incurs a penalty or receives an order may appeal it to the pollution control hearings board established in chapter 43.21B RCW (subsection (4)). The text says "any person," so it reaches producers, PROs and sellers alike, and orders as well as penalties. Subsection (4) states no filing deadline. The deadlines are in chapter 43.21B RCW and in the notice itself, so read both before you need them.
One more limit: no penalty may be assessed under the chapter on an individual or resident for improper disposal of covered materials in a noncommercial or residential setting (RCW 70A.208.900(3)).
Common questions
What are the penalties under the Washington RRA?
RCW 70A.208.230 sets three. A producer or a PRO faces up to $1,000 per violation per day, and up to $10,000 per violation per day for the second and each subsequent violation. A person that keeps selling a non-compliant producer's materials faces twice their value or $500, whichever is greater.
How much can a violation cost per day?
For a producer or a PRO, up to $1,000 per violation per day, and up to $10,000 per violation per day for the second and each subsequent violation. The seller amount in subsection (3) is not stated per day. The statute does not say how many days are counted, so no total can be given from the text.
Does Ecology give notice before a penalty?
Yes. For a producer, at least one notice of violation must go by certified mail, and a penalty needs 60 days from the send date without compliance. For a seller, a written warning is served or sent with delivery confirmation, and 60 days from receipt must pass.
Can a penalty be appealed?
Yes. Any person who incurs a penalty or receives an order may appeal to the pollution control hearings board established in chapter 43.21B RCW (RCW 70A.208.230(4)). Subsection (4) gives no filing deadline, so check chapter 43.21B RCW and the notice itself.
What happens to a retailer that sells from a non-compliant producer?
Ecology must first serve, or send with delivery confirmation, a written warning. A penalty is possible if the retailer keeps selling 60 days after receiving it. The amount is twice the value of the covered materials sold in violation or $500, whichever is greater (subsection (3)). Ecology must waive it upon verification that sales stopped within 30 days of the assessment date.
Who enforces the law?
The department of ecology. RCW 70A.208.060(1) says the department must implement, administer and enforce the chapter, and may adopt rules for those purposes. Beginning March 1, 2029, it must initiate enforcement activities with respect to noncompliant producers that are not members of the PRO (RCW 70A.208.060(2)(m)).
What to do next
- Decide which rule fits you. Are you the producer, only a seller, or both? Use our coverage checklist for the producer question. The seller rule applies to any person that sells.
- Confirm PRO membership. A producer must maintain membership with and pay fees to its PRO (RCW 70A.208.040(1)(c)). Check both. Ecology's producer responsibility organization page says Circular Action Alliance is the PRO representing producers in Washington.
- Check your shelves. Look on Ecology's website for the list of producers and brands identified as not in compliance, and compare it with the brands you stock once it is published.
- Keep records. On Ecology's request, a person must furnish any information the person has or may reasonably obtain (RCW 70A.208.060(7)). Keep membership confirmations, supplier details, and the dates any notice or warning was sent and received.
- If a notice or warning arrives, write down the send date and the receipt date, then count the 60 days from the right one. A producer decides whether to comply before the period ends. A seller decides whether to stop selling.
- Read the groundwork. See our small business preparation guide and the consultant versus in-house comparison.
I am a Distinguished Committee Member of the SWANA Sustainable Materials Management Technical Division and a juror for the NYSAR3 Recycling Leadership Awards, both since 2023.
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General information, not legal advice.