Current through Register Vol. 24-06, March 15, 2024
(1)
Application procedures.
(a) Persons owning or
operating new or expanded ash disposal facilities shall apply to the department
for a permit, before accepting any special incinerator ash for disposal. These
procedures apply to permit renewal. Monofill owners who have successfully
complied with the requirements for Type B design in WAC
173-306-450(4)(a)(i)
during the eighteen-month demonstration
period shall apply for a permit before using the Design B liner. Applicants
shall file two copies of the application with the department that have:
(i) Been signed and notarized as correct by
the owner and operator; and
(ii)
Attached evidence of compliance with the requirements of chapter 197-11 WAC,
the State Environmental Policy Act rules.
(b) Permit applications must contain the
information set forth in WAC
173-306-330 in order to be
considered complete. Upon receipt of a permit application, the department shall
review the application for completeness and notify the permit applicant
accordingly.
(c) Within thirty days
of receipt of a complete application, the department shall give notice of its
receipt of a proposed complete permit application to the public and to
interested persons for public comment for thirty days after the date of
publication.
(d) The department
will perform the following additional public notification requirements:
(i) Mail the notice to persons who have
expressed an interest in being notified;
(ii) Mail the notice to other state agencies
and local governments with a regulatory interest in the proposal;
(iii) The public notice shall include a
statement that any person may express his or her views in writing to the
department within thirty days of the last date of publication;
(iv) Any person submitting written comment or
any other person, upon request, may obtain a copy of the department's final
decision; and
(v) The department
shall add the name of any person, upon request, to a mailing list to receive
copies of notices for all applications within the state or within a
geographical area.
(2) Issuance procedures.
(a) The department shall review each
completed application to determine:
(i)
Whether the disposal facility meets the requirements of this chapter;
(ii) Whether the disposal facility has been
adequately addressed in the city and county comprehensive solid waste
management plan as applicable; and
(iii) Whether the disposal facility complies
with other environmental laws and rules.
(b) The department may approve, deny, or
conditionally approve a completed permit application within sixty days of
receipt of the department's notice.
(c) The department may issue up to five-year
term permits for ash disposal; applications for reissuance of permits must be
made at least six months before permit expiration. The applicant and the
department shall follow the procedures of WAC
173-306-310(1) and
(2) in applying for and reissuing
permits.
(3)
Modification and revocation procedures. When the department obtains any
information justifying modification, or the applicant applies for modification
of an existing permit, the department may modify or revoke and reissue the
permit according to the procedures of this section. An updated application may
be requested if necessary. When a permit is modified only the conditions
subject to modification are reopened. If a permit is revoked and reissued the
entire permit is reopened and subject to revision and the permit is reissued
for a new term.
Statutory Authority:
Chapter
70.138 RCW. 00-19-018
(Order 00-17), § 173-306-310, filed 9/8/00, effective 10/9/00; 90-10-047,
§ 173-306-310, filed 4/30/90, effective
5/31/90.