The Washington Department of Ecology fined plastic trash bag-maker Napco Bag and Film $30,000 for violating the annual registration and reporting requirements of a 2021 recycled content law. Napco’s penalty is based on its failure to register its products in 2024, failing to report its recycled content, and failing to pay administrative fees required by the law.
The Texas-based company failed to register in spite of Ecology’s efforts to provide technical assistance before and after the April 1, 2024, registration deadline. The company has remained unresponsive to Ecology since it last registered with the agency in 2022.
Ecology is authorized to penalize producers that fail to register up to $1,000 per day of non-compliance. Ecology began registering plastic producers and accepting annual fee payments in 2022.
“Maintaining a full accounting of plastic packaging producers and the products they sell in Washington is vital to this law’s success,” said Ecology’s Solid Waste Program Manager Peter Lyon. “We won’t penalize a producer without first making a concerted effort to inform them of the requirements and help them to comply.”
Under the plastics law, all registered producers pay a proportional share of the fees to fund the recycled content program and enforce the law, based on their sales in Washington. Because the total program costs are fixed, if some producers fail to register, other producers are forced to pay higher fees. In 2024, 324 producers submitted registrations.
Ecology believes there may be hundreds of plastic producers that fall under this law who have not registered their products. The agency will continue addressing this concern by identifying unregistered producers and making them aware of the law and its requirements. Companies that produce plastic containers and can liners are encouraged to review the public producer list, register if necessary, and contact Ecology for more information.
In October, 35 companies were fined a combined $416,554 for not complying with Washington’s recycled content law. These plastic producers did not include enough recycled material in trash bags and beverage containers as required by the law.
Napco has 30 days to pay the penalty or appeal it to Washington’s Pollution Control Hearings Board. Penalties collected by Ecology provide financial support to local governments for solid waste programs.