Current through Register Vol. 24-06, March 15, 2024
(1)
Applicable facilities -- Application required. All treatment works
treating domestic sewage are applicable facilities, and must apply for a permit
for the final use or disposal of biosolids or sewage sludge except for certain
composting toilet systems described in WAC
173-308-193 and certain
composting facilities described in (a) of this subsection.
(a)
Permitting exemption for
some composting facilities. Facilities that compost biosolids
or sewage sludge do not require permitting under this chapter if all of the
following conditions are met:
(i) A permit is
not otherwise required in order to comply with the Federal Clean Water
Act.
(ii) The department and local
health jurisdiction agree that a permit issued by the local health jurisdiction
will be adequate.
(iii) The
conditions of the permit issued by the local health jurisdiction meet or exceed
the requirements of this chapter.
(iv) The department does not otherwise find
that a state-issued permit is necessary because one or more of the conditions
in (b)(i) through (iv) of this subsection exists.
(b)
Designation as a treatment
works treating domestic sewage. In addition to facilities
meeting the definition of a treatment works treating domestic sewage in WAC
173-308-080, the department may
designate any person, site, or facility that treats, uses, transports, stores,
or applies biosolids, as a treatment works treating domestic sewage, and
require the owner or operator to apply for a permit if any of the following
conditions are met:
(i) The department
determines that a permit is necessary to protect human health or the
environment from the adverse effect of a pollutant in the biosolids.
(ii) The department determines that a permit
is necessary to protect human health or the environment from poor biosolids
management practices.
(iii) The
department determines that a permit is necessary to ensure compliance with any
of the requirements in this chapter.
(iv) Bulk biosolids or sewage sludge
originating from a source or location outside the jurisdiction of the state of
Washington are being applied to the land or received at any site or
facility.
(c) It is a
violation of this chapter for a facility to fail to submit a permit application
to the department as required by these rules.
(2)
General and individual
permits. The department will issue permits for the treatment and final
use or disposal of biosolids or sewage sludge.
(a) The department will issue, modify, revoke
and reissue, and terminate general permits in accordance with the provisions of
Appendix 5.
(b) The department will
accept and consider applications for coverage under a general permit, modify
conditions of coverage, revoke and reissue coverage, or terminate coverage
under a general permit in accordance with the provisions of this
section.
(c) The department will
issue, modify, revoke and reissue, or terminate individual permits in
accordance with the provisions of this section.
(3)
Requirements to apply for coverage
under a general permit or to request an individual permit.
(a) After the department has issued a general
permit for the final use or disposal of biosolids or sewage sludge, all
applicable facilities must apply for coverage under the general permit in
accordance with subsection (4) of this section unless any of the following
apply:
(i) The facility has a current
individual permit issued under this chapter.
(ii) The department requires a facility to
apply for an individual permit.
(iii) On written request of the applicant,
the department has granted permission to apply for an individual permit.
(A) A facility may request an individual
permit if a practice it proposes is not addressed in a general permit issued by
the department.
(B) A facility may
seek coverage under a general permit for any portion of its biosolids or sewage
sludge management practices that are applicable under the general permit and
may also request an individual permit for any portion of its biosolids or
sewage sludge management practices that are not applicable under the general
permit.
(iv) The
department may require any facility applying for an individual permit under
(a)(iii) of this subsection to limit its practices for the final use or
disposal of biosolids or sewage sludge to those that are authorized in a
general permit and to apply for coverage under a general permit.
(b) The department may notify a
facility that it is covered by a general permit, even if the facility has not
submitted a permit application as required under subsection (4) of this
section.
(i) A facility so notified may
request an individual permit in accordance with the provisions of (a)(iii) of
this subsection.
(ii) Facilities
that are notified of coverage under this subsection must submit a permit
application as directed by the department.
(4)
Timing of permit
applications.
(a)
Existing facilities seeking coverage under a general
permit. Existing facilities seeking coverage under a general
permit must submit an application for coverage within ninety days after
issuance of the applicable general permit by the department. However, on a
case-by-case basis the department's regional biosolids coordinator may grant an
extension up to a maximum of one hundred eighty days after issuance of the
applicable general permit. Requests for an extension must be made in accordance
with the following:
(i) Requests must be made
in writing to the applicable regional biosolids coordinator.
(ii) Requests must be made within ninety days
after issuance of the applicable general permit.
(b)
Existing facilities
requesting an individual permit. Existing facilities that wish
to request an individual permit under subsection (3)(a)(iii) of this section
must do so within thirty days of issuance of an applicable general permit by
the department.
(c)
Facilities required or approved to apply for an individual
permit. Facilities that have been directed by the department to
apply for an individual permit under subsection (3)(a)(ii) of this section or
approved to apply for an individual permit requested under subsection
(3)(a)(iii) of this section must submit a permit application within ninety days
of receiving notification.
(d)
Facilities that have been denied an individual
permit. Facilities that are denied an individual permit must
submit an application for coverage under a general permit within sixty days
after being denied an individual permit.
(e)
New
facilities. New facilities being proposed after July 1, 2007,
must submit an application for coverage under an applicable general permit or a
request for an individual permit at least one hundred eighty days prior to
engaging in applicable management activities.
(5)
Timing of notices of intent -
continuing coverage.
(a) All facilities
permitted under this section must submit a notice of intent to continue
coverage under a general permit or an application for a new individual permit,
at least one hundred eighty days prior to the expiration date of their
applicable permit.
(b) When a
facility has submitted a timely and sufficient notice of intent or application
as required in this subsection, an expiring permit remains in effect and
enforceable until any of the following occur:
(i) The application has been
denied.
(ii) A replacement permit
has been issued by the department.
(iii) The department has cancelled the
expired permit.
(c)
Coverage under a permit for permittees who fail to submit a timely and
sufficient application or notice of intent shall cease on the expiration date
of the permit.
(6)
Permit application contents. All facilities must submit a complete
and factually correct permit application in accordance with the schedule
established in WAC
173-308-310(4)
on a form or in a format specified by the department. The content requirements
are listed in Appendix 1.
(7)
Notices of intent contents. Facilities submitting a notice of
intent to be covered under an applicable general permit must do so on a form
provided by the department. The content requirements are listed in Appendix
2.
(8)
Land application
plans.
(a)
Exemptions
for exceptional quality biosolids. Land application plans are
not required when exceptional quality biosolids are applied to the land, except
as specified in this subsection.
(i) Any
person who prepares exceptional quality biosolids for application to the land
must determine and assure to the extent practicable, through recordkeeping and
other means, that all applicable criteria of this chapter and any applicable
permit are met when bulk exceptional quality biosolids are applied to the
land.
(ii) Any person who prepares
exceptional quality biosolids for application to the land and who fails to
satisfy the requirements in (a)(i) of this subsection, may be required to
submit a general or site specific land application plan, or both, for any or
all sites where bulk exceptional quality biosolids are applied to the land, and
may also be required to comply with the public notice requirements in
subsection (13) of this section.
(iii) The department may require a site
specific land application plan for any site where bulk exceptional quality
biosolids are proposed to be applied if the plan is necessary to evaluate
potential permit conditions or if the department finds there would be a strong
benefit to the public from the preparation of a site specific land application
plan.
(iv) The department may
require advance notice prior to the application of bulk exceptional quality
biosolids to the land. In such case the department will notify the facility in
writing of the conditions requiring advance notice, the length of advance
notice required, and the length of time the requirement for advance notice will
remain in effect.
(b)
Nonexceptional quality biosolids. Land
application plans are required when nonexceptional quality biosolids are
applied to the land except when biosolids are delivered to a beneficial use
facility as provided in (g) of this subsection. Facilities that propose to
apply nonexceptional quality biosolids to the land must do one or both of the
following:
(i) Submit with their permit
application a site specific land application plan for each site where biosolids
will be applied during the life of the permit.
(ii) Submit with their permit application a
general land application plan, and at a later date prior to applying biosolids,
a site specific land application plan for each site where biosolids will be
applied to the land.
(c)
Any site specific land application plans must be consistent with a facility's
general land application plan, if a general land application plan has been
submitted.
(d)
Site
specific land application plan contents. Each site specific
land application plan must provide information necessary to determine if the
site is appropriate for land application of biosolids, and a description of how
the site will be managed. The minimum content for site specific land
application plans is listed in Appendix 3.
(e)
General land application
plan contents. Applicants intending to apply nonexceptional
quality biosolids to sites for which a site specific land application plan is
not submitted as a part of the permit application, must submit for approval as
a part of their permit application a general land application plan. The minimum
content for general land application plans is listed in Appendix 4.
(f) As individual sites are identified in
accordance with the general land application plan in (e) of this subsection,
facilities that seek to apply nonexceptional quality biosolids must develop and
submit site specific land application plans in accordance with (d) of this
subsection.
(g)
Exemptions when sending biosolids to a permitted beneficial use
facility. When biosolids are provided to a beneficial use
facility that has been permitted as a treatment works treating domestic sewage,
the person who prepares the biosolids is not required to prepare land
application plans for the biosolids that will be applied to the beneficial use
facility if all of the following conditions are met:
(i) The beneficial use facility's permit
allows it to accept biosolids from the person who prepares biosolids.
(ii) As a part of the permit application or
public notice, the person who prepares the biosolids identifies the beneficial
use facility(ies) to which biosolids may be provided or specifies the criteria
by which beneficial use facilities may be selected at a future date or states
or indicates that it maintains the option to send its biosolids or sewage
sludge to any facility permitted by the department to accept it for
management.
(h) All land
application plans, including those authorized under provisional approval in
accordance with subsection (18)(a) of this section, are subject to review and
final approval by the department. If a land application plan is found to be
insufficient, the department may either request additional information or may
impose additional requirements as a condition of approval in accordance with
subsection (19) of this section.
(9)
Submitting permit applications and
notices of intent. Facilities must submit their permit application and
notice of intent as follows:
(a) The
original, in hardcopy form, to the biosolids coordinator in the regional office
of the department where the facility is located.
(b) One copy, in either electronic or
hardcopy form, to any other regional office of the department where the
facility's biosolids or sewage sludge will be treated, stored, disposed, or
applied to the land. The department encourages submittal in electronic
form.
(c) One copy, in either
electronic or hardcopy form, to the biosolids coordinator at the department's
headquarters office. The department encourages submittal in electronic
form.
(d) One copy, in either
electronic or hardcopy form, to the local health jurisdiction in each county
where biosolids or sewage sludge will be treated, stored, disposed, or applied
to the land. The department encourages submittal in electronic form.
Local health jurisdictions that elect not to receive copies of
notices of intent or permit applications may notify in writing the facility or
the department that they do not wish to receive copies.
(10)
Signatories to permit
applications and reports.
(a)
Applications. All permit applications must be
signed as follows:
(i)
For a
corporation. By a responsible corporate officer. For the purpose of
this section, a responsible corporate officer means either of the following:
(A) A president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business function,
or any other person who performs similar policy-making or decision-making
functions for the corporation.
(B)
The manager of one or more manufacturing, production, or operating facilities
employing more than two hundred fifty persons or having gross annual sales or
expenditures exceeding twenty-five million dollars (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(ii)
For a partnership or sole
proprietorship. By a general partner or the proprietor,
respectively.
(iii)
For a
municipality, state, federal, or other public agency. By either a
principal executive officer or ranking elected official. For purposes of this
section, a principal executive officer of a federal agency includes either of
the following:
(A) The chief executive officer
of the agency.
(B) A senior
executive officer having responsibility for the overall operations of a
principal geographic unit of the agency.
(b)
Reports and other
information. All reports and other information required by
permits, and other information requested by the department must be signed by a
person described in (a) of this subsection, or by a duly authorized
representative of that person. A person is a duly authorized representative
only if the following conditions are met:
(i)
The authorization is submitted to the department in writing by a person
described in (a) of this subsection.
(ii) The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity such as the position of plant manager,
superintendent, position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters.
(c)
Changes to
authorization. If an authorization under (b) of this subsection
is no longer accurate, a new authorization satisfying the requirements of (b)
of this subsection must be submitted to the department prior to or together
with any reports or other information.
(d)
Certification. Any person signing a document
under (a) or (b) of this subsection must make the following certification,
unless a different certification is applicable under another related section of
this chapter:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
(11)
Public access to
information. In accordance with chapter 42.17 RCW, the department must
provide, upon request, any information submitted as part of a permit
application, except as provided in (a) of this subsection.
(a) In accordance with chapters 42.17,
43.21A,
70.105, and 90.52 RCW, the
department must protect any information (other than information on the quality
of biosolids) contained in applications as confidential upon a showing by any
person that the information, if made public, would divulge methods or processes
entitled to protection as trade secrets of the person.
(b) Any information accorded confidential
status, whether or not contained in any application form, must be disclosed,
upon request, to the Regional Administrator of EPA.
(12)
Recordkeeping required for permit
applications. Applicants must keep records of all information used to
complete permit applications and any supplemental information submitted for a
period of five years, or longer, if otherwise required by this chapter, the
conditions of the applicable permit, or other state or local laws.
(13)
Public notice and comment
period. Public notices and comment periods must minimally meet the
requirements listed in this subsection.
(a)
Applying for coverage under a general permit initially, proposing
a significant change, or reapplying following revocation. All
facilities applying for coverage under a general permit initially, facilities
who propose a significant change in biosolids management practices, and those
who reapply for a permit following revocation of their permit must issue public
notice in the following manner:
(i) Issue one
notice in a newspaper of general circulation in any county(ies) where you
prepare biosolids or sewage sludge.
(ii) Issue one notice in a newspaper of
general circulation in any county(ies) covered by a general land application
you have submitted.
(iii) Issue one
notice in a newspaper of general circulation in any county(ies) where you land
apply nonexceptional quality biosolids except where this notice has been
conducted by a permitted biosolids beneficial use facility.
(iv) Post notices at any site(s) where you
plan to land apply nonexceptional quality biosolids except where this notice
has been conducted by a permitted biosolids beneficial use facility. The
site(s) must remain posted during the entire public comment period required in
(a)(v) of this subsection.
(v)
Provide a thirty-day public comment period following the issuance of newspaper
notice and the posting of site(s).
(b)
Applying for renewal of
coverage under a general permit with no land application of nonexceptional
quality biosolids. All facilities applying for renewal of
coverage under a general permit who have previously met the public notice
requirements of (a) of this subsection and who do not land apply nonexceptional
quality biosolids are not required to conduct additional public
notice.
(c)
Applying
for renewal of coverage under a general permit with land application of
nonexceptional quality biosolids. All facilities applying for
renewal of coverage under a general permit who have previously met the public
notice requirements of (a) of this subsection and who land apply nonexceptional
quality biosolids must conduct public notice in accordance with (a)(iii) and
(v) of this subsection.
(d)
Applying for an individual permit. Facilities
applying for individual permits must conduct public notice in accordance with
(a)(i) through (v) of this subsection at the time they apply for a permit and
at the time when a draft permit is provided for formal review by the
department.
(e)
Notice when adding a new site in accordance with a general land
application plan. All facilities who are proposing to add a new
site or expand an existing site for the land application of nonexceptional
quality biosolids in accordance with an approved general land application plan
and who previously met the public notice requirements of (a) of this subsection
must conduct public notice at the proposed new site or expanded area of an
existing site in accordance with (a)(iv) and (v) of this subsection.
(f) All facilities not captured under one of
the descriptions in (a) through (e) of this subsection must conduct public
notice as directed by the department.
(g)
Notice
contents. All notices issued in accordance with this subsection
must contain at least the following:
(i) The
name and address of the facility and the name of the contact person for the
facility.
(ii) The name and address
of the department of ecology person responsible for the permit.
(iii) The name and address of the local
health jurisdiction person responsible for the permit if the local health
jurisdiction has been delegated this responsibility.
(iv) A description of the proposal.
(A) Proposals for coverage under a general
permit must cite the name of the general permit.
(B) Proposals for land application plans must
contain information on the location of the proposed land application sites and,
if applicable, the source(s) of biosolids that may be applied.
(C) Proposals for general land application
plans must provide information on how the public will be notified when specific
sites are identified.
(v) A brief statement describing the
applicant's biosolids or sewage sludge management practices.
(vi) A statement describing an interested
person's opportunity to comment or request a public hearing or meeting on the
proposal, including the last date for comments or requests and the contact
person to whom comments or requests must be directed.
(A) The period for comments and requests must
be at least thirty days following the posting.
(B) Comments and requests should be directed
to the responsible department of ecology contact or the responsible local
health jurisdiction contact if the authority is delegated.
(C) The following is an example: "Any
person wishing to comment on this proposal or wishing to request a public
hearing or meeting must do so in writing within thirty days of this
notice. Comments should be addressed to (insert
either 'the department of ecology contact listed' or
'the local health jurisdiction contact listed')."
(vii) The statement, "If
you wish to be included on an interested parties list to receive notification
of activities relating to this project, please notify, in writing, the
(insert facility name) contact listed. (Insert facility name)
will provide written confirmation by certified mail, return receipt
requested, to each interested person or organization that their name has been
placed on the list."
(viii) Any additional information considered
necessary or proper.
(h)
Notice to interested parties. Notices must be
sent to all persons on a facility's interested parties list at the same time or
before notice is run in a newspaper or posted at a land application
site.
(i)
Notices at
land application sites. Notices at land application sites must
be posted at all significant site access points and at least every 1/2 mile
(805 meters) around the perimeter of the site.
(j) Following the completion of public notice
and comment period requirements, the facility must provide written
documentation to the department certifying completion of the process in
accordance with the following:
(i) When
newspaper notice has been conducted, either an Affidavit of
Publication must be submitted or a copy of the newspaper notice that
shows the date of publication must be submitted.
(ii) When site posting has been conducted, a
copy of the final notice posted and a brief description describing how site
posting and notification was conducted.
(k) Notice must be given by any other method
required by the department.
(14)
Public hearings and
meetings.
(a) The department may
require an applicant to hold a public hearing or meeting when applying for a
permit or for any land application plan if it finds, on the basis of requests,
a significant degree of public interest or if it determines that a public
discussion might clarify one or more aspects important to compliance with the
requirements of this chapter or an applicable permit.
(b) During the public comment period provided
for in subsection (13) of this section, any person may request the department
to require a public hearing or meeting if none has been scheduled. Any request
for a public hearing or meeting must be in writing and must state the nature of
the issues proposed to be raised. The department will consider all requests
that are received not later than the final comment date specified in the notice
required under subsection (13) of this section.
(c)
Notice of a
hearing. If the department determines that a public hearing
must be held, the applicant must give notice of a public hearing in accordance
with the procedures in subsection (13) of this section, except that posting of
sites that are not specifically subject to the hearing is not required.
(i) The notice of hearing must contain the
following information:
(A) The dates of
previous public notices relating to the permit application.
(B) The date, time, and place of the
hearing.
(C) A brief description of
the nature and purpose of the hearing, including any rules and procedures that
apply.
(ii) Copies of
the notice and an explanation of all places where and when the notice was
published must be submitted to:
(A) The
contact person in the regional or headquarters office of the department that
has lead responsibility for the permit.
(B) Any applicable local health jurisdiction
that has accepted delegation of authority for conducting public
hearings.
(d)
Public hearings required under this subsection, must be held in each county
where biosolids will be treated or applied to the land, unless otherwise
allowed by the department.
(e)
Public hearings required under this subsection must be held no sooner than
thirty days after the publication of the notice required in (c) of this
subsection and at a time and place as can be reasonably expected to be
convenient to the department and interested parties.
(f) Public hearings must be attended by a
representative of the permit applicant who is authorized to respond to
questions from the public and the department and by a representative of the
department.
(g)
Notice of a meeting. Requirements for notice
conducted for public meetings are the same as that required for public hearings
unless otherwise allowed by the department.
(15)
Record and response to comments
received on an application or during a public hearing or meeting.
(a) The department will maintain a record of
all written comments received during the public comment period in subsection
(13) of this section, and of all comments properly submitted in response to a
public hearing required under subsection (14) of this section.
(b) The department will prepare a response to
all relevant comments received, and will briefly describe any changes that
resulted (other than editorial changes) to a permit.
(c) The department is not obligated to
consider or respond to comments or information that is received later than
thirty days after the date of publication of public notice, or the date of a
public hearing, whichever is later.
(16)
Compliance schedules.
(a) A permit may specify a schedule leading
to compliance with the federal Clean Water Act and these regulations. Any
compliance schedule under this subsection must require compliance as soon as
possible, but not later than any applicable statutory deadline under the Clean
Water Act or chapter 70.95J RCW.
(b)
Interim
dates. If a permit establishes a compliance schedule that
exceeds one year from the date of permit issuance, the schedule must set forth
interim requirements and the date for their achievement. The time between
interim dates must not exceed six months.
(c)
Reporting.
The permit must require that no later than fourteen days after each interim
date and the final date of compliance, the permittee must notify the department
in writing of its compliance or noncompliance with the interim or final
requirements.
(17)
Fact sheet required for individual permits.
(a) The department must prepare a fact sheet
for every draft individual permit for a class I biosolids management facility,
for every draft individual permit requiring permit conditions developed on a
case-by-case basis to implement section 405(d)(4) of the Clean Water Act, for
every draft individual permit that includes a general land application plan,
and for every draft individual permit that the director finds is the subject of
widespread public interest or raises major issues.
(i) The fact sheet must briefly set forth the
principal facts and the significant factual, legal, methodological, and policy
questions considered in preparing the draft permit.
(ii) The director must send this fact sheet
to the applicant and, on request, to any other person.
(b)
Fact sheet
contents. The fact sheet must include all of the following:
(i) A brief description of the type of
facility or activity that is the subject of the draft permit.
(ii) Any calculations or other necessary
explanation of the derivation of conditions for biosolids use and sewage sludge
disposal, including a citation to the applicable standards for biosolids use or
sewage sludge disposal and reasons why they are applicable, or in the case of
conditions developed on a case-by-case basis to implement section 405(d)(4) of
the Clean Water Act, an explanation of, and the bases for the
conditions.
(iii) For permits that
include a general land application plan, a brief description of how each of the
required elements of the land application plan is addressed in the
permit.
(18)
Approval of coverage - provisional approval and final
coverage.
(a)
Provisional approval. Except for new beneficial
use facilities as described in (a)(ii) of this subsection, facilities that are
in compliance with this chapter, an applicable permit, and any plans submitted
as part of a request to obtain a permit are provisionally approved to engage in
the biosolids management activities proposed in their applications.
(i) Facilities with provisional approval are
subject to further review and permitting requirements at a later date, and are
subject at all times to all applicable conditions of this chapter, an
applicable permit, and any plans submitted as part of a request to obtain a
permit.
(ii) New beneficial use
facilities may not obtain provisional approval.
(b)
Final
coverage. After reviewing a permit application and considering
other pertinent information including any testimony received during a public
hearing or meeting or written comments submitted in response to a public
notice, the department may approve coverage under a general permit or issue an
individual permit.
If final approval is issued, the department will notify the
applicant in writing of its decision including any additional requirements or
stipulations that are imposed as a condition of approval in accordance with
subsection (19) of this section.
(c)
Disapproval. If an application for a permit is
disapproved, the department will notify the applicant in writing, including an
explanation of why the application was disapproved.
(d) In no case may a lack of action by the
department be construed as relieving an applicant of the obligation to comply
with any of the provisions of this chapter or an applicable permit, or as
approving final use or disposal practices that are not consistent with the
provisions of this chapter or an applicable permit, or that pose a threat to
human health or the environment.
(19)
Additional or more stringent
requirements.
(a) On a case-by-case
basis, the department may impose requirements for the beneficial use of
biosolids that are in addition to or more stringent than the requirements in
this chapter if the department believes that the additional or more stringent
requirements are necessary to protect public health or the environment from any
adverse effect of a pollutant in the biosolids or to ensure compliance with
this chapter.
(b) In addition to
other considerations, failure of a generator, applier, or landowner to conform
to any applicable requirements of this chapter may be cause to impose
additional or more stringent requirements.
(c) The department will impose any additional
or more stringent requirements in an individual permit issued to a facility, in
general permits issued in accordance with Appendix 5 of this chapter, and in
the issuance of final coverage under a general permit.
(d) Any additional or more stringent
requirements imposed in accordance with this section are considered to be
permit requirements, fully enforceable in accordance with the provisions of
this chapter and the applicable permit.
(e) If known, any additional requirements
must be disclosed at a public hearing if a public hearing is held, or if
imposed subsequent to a public hearing, must become a part of the written
record required under subsection (15)(b) of this section.
(20)
Prohibition. The department
may not issue a permit when the Regional Administrator of EPA has objected in
writing under 40 C.F.R.
123.44.
(21)
Duration of permits.
(a) Permits are issued for fixed terms up to,
but not exceeding, five years from the effective date of the permit. Final
coverage under a general permit may be issued for a period up to the remaining
term of issuance for the permit.
(b) The term of a permit may not be extended
by modification beyond five years.
(22)
Transfer of permit
coverage.
(a) Except as provided in (b)
of this subsection, a permit may be transferred by the permittee to a new owner
operator only if the permit has been modified or revoked and reissued to
identify the new permittee and incorporate other requirements as may be
necessary to assure compliance with the requirements of this chapter.
(b)
Automatic
transfer. Coverage under a permit is automatically transferred
from the old permittee to a new permittee on the date agreed to if all of the
following conditions are met:
(i) A written,
signed agreement between the old and new permittees containing a specific date
for transfer of permit responsibility, coverage, and liability is submitted in
accordance with (b)(i)(A) through (D) of this subsection at least thirty days
in advance of the proposed date of transfer.
(A) The original to the biosolids coordinator
in the regional office of the department where the facility is
located.
(B) One copy to any other
regional office of the department where the facility's biosolids or sewage
sludge will be treated, stored, disposed, or applied to the land.
(C) One copy to the biosolids coordinator at
the department's headquarters office.
(D) One copy to the local health jurisdiction
in each county where biosolids or sewage sludge will be treated, stored,
disposed, or applied to the land.
(ii) The department has not notified both
permittees of any objection to the transfer, or of the intent to revoke the
permit.
(c) No condition
or requirement of a permit or this chapter may be waived by the transfer of
permit coverage from one party to another.
(23)
Modification or revocation and
reissuance of permits.
(a) When the
department receives any information (for example, upon inspection of a
facility, receipt of information submitted by the permittee as required in the
permit, receipt of a request for modification or revocation and reissuance, or
upon a review of the permit file), the department may determine whether or not
one or more of the causes listed in (b) or (c) of this subsection for
modification or revocation and reissuance, or both, exist.
(i) If cause for modification or revocation
and reissuance, or both, exists, the department may modify or revoke and
reissue a permit and may request an updated application if necessary.
(ii) When a permit is modified, only the
conditions subject to modification are reopened.
(iii) If a permit is revoked and reissued,
the entire permit is reopened and subject to revision, and the permit may be
reissued for a new term.
(iv) If
cause does not exist under this section, the department may not modify or
revoke and reissue a permit.
(b)
Causes for
modification. The following are causes for modification but not
revocation and reissuance of permits except when the permittee requests or
agrees.
(i)
Alterations.
There are material and substantial alterations or additions to the permitted
facility or activity that occurred after permit issuance that justify the
application of permit conditions that are different from or absent in the
existing permit.
(ii)
Information. The department has received new information. A
permit may be modified during its term for this cause only if the information
was not available at the time of permit issuance (other than revised
regulations, guidance, or test methods) and would have justified the
application of different permit conditions at the time of issuance.
(iii)
New regulations. New
regulations have been adopted or the standards or regulations on which the
permit was based have been changed by adoption of amended standards or
regulations or by judicial decision after the permit was issued.
(iv)
Compliance schedules.
The department determines good cause exists for modification of a compliance
schedule, such as an act of God, strike, flood, or materials shortage or other
events over which the permittee has little or no control and for which there is
no reasonable available remedy. However, in no case may a compliance schedule
be modified to extend beyond an applicable Clean Water Act statutory
deadline.
(v)
Land
application plans. When required by a permit condition to incorporate
a general land application plan for beneficial use of biosolids, to revise a
general land application plan, or to add a general land application
plan.
(c)
Causes for modification or revocation and
reissuance. The following are causes to modify or,
alternatively, revoke and reissue a permit.
(i) Cause exists for termination under
subsection (24) of this section and the department determines that modification
or revocation and reissuance is appropriate.
(ii) The department has received notification
of a proposed transfer of the permit.
(d)
Public notice
requirements. When a permit is modified or revoked and
reissued, the public notice requirements of subsection (13) of this section,
and if required the public hearing requirements of subsection (14) of this
section must be complied with for the reopened conditions or reissued
permit.
(24)
Causes for termination of permits, denying permit
applications, or denying expansion of an existing permit. The following
are causes for terminating a permit during its term, or for denying a permit
application, or for denying an expansion of an existing permit:
(a) Noncompliance by the permittee with any
condition of the permit.
(b) The
permittee's failure in the application or during the permit issuance process to
disclose fully all relevant facts, or the permittee's misrepresentation of any
relevant facts at any time.
(c) A
determination that the permitted activity endangers human health or the
environment and can only be regulated to acceptable levels by permit
modification or termination.
(d) A
change in any condition that requires either a temporary or a permanent
reduction or elimination of any activity controlled by the permit.
(e) Failure by the permittee to pay a permit
fee issued in accordance with WAC
173-308-320.
(25)
Requirement to coordinate
permitting with delegated local health jurisdictions. When a local
health jurisdiction has received delegation to administer any portion of, or to
carry out any activity required under this chapter, all facilities subject to
permitting under this chapter must cooperate with the department and the local
health jurisdiction by coordinating permitting activities so as to assure an
opportunity for local health jurisdiction involvement consistent with the terms
of the delegation agreement.
Statutory Authority: Chapters 70.95J and
70.95 RCW. 07-12-010 (Order 06-06),
§ 173-308-310, filed 5/24/07, effective 6/24/07. Statutory Authority:
RCW
70.95J.020 and
70.95.255. 98-05-101 (Order
97-30), § 173-308-310, filed 2/18/98, effective
3/21/98.