Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-306 - Special incinerator ash management standards
Section 173-306-900 - Variances
Current through Register Vol. 24-06, March 15, 2024
(1) Any person applying for an ash disposal permit or who owns or operates an ash generation or disposal facility may apply to the department for a variance from any section of this chapter. The application must be accompanied by information such as the department may require.
(2) The applicant shall provide usual and reasonable public notification within the area that will be impacted, including publication in the area's major general circulation newspaper and mailing notices to surrounding property owners. Proof of compliance must be submitted with the variance application.
(3) The department shall give public notice of an application and allow a thirty-day public comment period. Notice must be mailed to persons who have written to the department asking to be notified of all variance requests and shall indicate that a public hearing may be requested.
(4) In considering a variance request, the department shall consider:
(5) The department shall approve or disapprove a variance request within ninety days of receipt unless the applicant and the department agree to a continuance.
(6) Any variance granted under this section may be renewed. Application for a variance renewal must be made at least sixty days before the expiration of the variance and must follow the application process of subsections (1) through (5) of this section.
Statutory Authority: Chapter 70.138 RCW. 00-19-018 (Order 00-17), § 173-306-900, filed 9/8/00, effective 10/9/00; 90-10-047, § 173-306-900, filed 4/30/90, effective 5/31/90.