Twenty-three plastic producers fined a combined $277,000 for failing to use enough recycled content 

The Washington Department of Ecology fined 23 plastic producers a combined $277,000 for not complying with a 2021 state law requiring them to use a minimum amount of recycled material in single-use beverage containers and trash bags.

The penalties were based on the amount of plastic each company sold in Washington in 2024, and how far from the minimum recycled content requirements they were. Ecology reviews annual reports submitted by the covered product producers to identify those that are not meeting the minimum recycled content requirements. 

Fines for the 23 companies ranged from $194 to $54,868. Some producers may receive penalty reductions if they requested and entered into a Corrective Action Plan agreement with Ecology after receiving the first Notice of Violation.

Since 2022, companies that produce plastic trash bags must include a minimum of 10% recycled content, while the producers of beverage containers are required to include at least 15% recycled content. In 2025, the recycled content minimum for trash bags increases to 15%, and more types of plastic bottles are covered. 

“Several producers made applaudable gains last year increasing their recycled content in spite of not reaching the required minimum amount,” said Ecology’s Solid Waste Program Manager Peter Lyon. “These and other producers will need to expand those efforts in the coming years as the law continues to cover a wider range of products with increased minimum recycled content requirements.”

By 2036, Washington’s law will cover many types of common consumer packaging and require at least 50% recycled content. 

Last year, Ecology issued its first penalties totaling more than $416,000 to 35 companies that failed to comply with this law. 

Producer compliance and penalty amounts

Under the law, plastic packaging producers are required to report the weight of new and recycled content plastic for covered products sold in Washington. Producers that fell short of the recycled content requirements were issued penalties based on the minimum requirement, the recycled content achieved, the weight of plastic resin sold in the state, and a 20 cent multiplier.

The table below shows the producers that received penalties, the amount of recycled content they achieved, and the penalty they were issued for not meeting the minimum requirements.

Washington’s plastic imports

According to 2024 data from plastic manufacturers, almost 170 million pounds of plastic trash bags and beverage containers were sold in Washington – 75% of it made from virgin material, while the remaining 25% was recycled. And that’s only counting the containers and bags already required to report under the law. 

What’s next?

Companies must pay their fines within 30 days or appeal them to Washington’s Pollution Control Hearings Board. 

Additional notices of violation will be sent out later this year to companies that failed to register as required under the law. Companies that produce plastic containers are encouraged to review the public producer list, register if necessary, and contact Ecology for more information.