Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-350 - Solid waste handling standards
Section 173-350-700 - Permits and local ordinances
Universal Citation: WA Admin Code 173-350-700
Current through Register Vol. 24-06, March 15, 2024
(1) Permit required.
(a) Except for (b) and (c) of this
subsection, no solid waste storage, treatment, processing, handling, recycling,
or disposal facility may be maintained, established, substantially altered,
expanded, or improved until the person operating or owning the site has
obtained a permit or permit deferral from the jurisdictional health department,
or a beneficial use exemption from the department pursuant to the provisions of
this chapter, or is operating in compliance with all terms of a conditionally
exempt solid waste handling activity identified in this chapter. Facilities
operating under conditional exemptions established by this chapter must meet
all the conditions of the exemptions or may be required to obtain a permit
under this chapter and may be subject to the enforcement provisions of
RCW 70.95.315.
Facilities that meet the terms and conditions for exemption under one standard
may require permitting for other nonexempt activities on-site. Facilities may
operate under multiple exemptions from permitting if they meet all conditions
for each section. In addition, persons dumping or depositing solid waste
without a permit in violation of this chapter are subject to the penalty
provisions of
RCW
70.95.240.
(b) Pursuant to
RCW
70.105D.090, permits issued under this
chapter are not required for remedial actions performed by the department under
chapter 70.105D RCW, Hazardous waste cleanup-Model Toxics Control Act, or by a
potentially liable person under a consent decree, order, or agreed order issued
under chapter 70.105D RCW, Hazardous waste cleanup-Model Toxics Control Act. If
the substantive requirements of this chapter are not met, permits may still be
required. Permits issued under this chapter may still be required for
independent remedial actions, as defined in
RCW
70.105D.020, including those performed under
the voluntary cleanup program authorized under
RCW
70.105D.030(1)(i).
(c) Pursuant to section 121 (1)(e) of the
Comprehensive Environmental Response Compensation and Liability Act (CERCLA),
42 U.S.C. Sec. 9621 (1)(e), permits issued under this chapter are not required
for any removal or remedial action performed by the U.S. Environmental
Protection Agency under CER-CLA or by a potentially responsible party under a
consent decree or administrative order issued under CERCLA. If the substantive
requirements of this chapter are not met, permits may still be
required.
(d) Any jurisdictional
health department and the department may enter into an agreement providing for
the exercise by the department of any power that is specified in the contract
and that is granted to the jurisdictional health department under chapter 70.95
RCW, Solid waste management-Reduction and recycling. However, the
jurisdictional health department must have the approval of the legislative
authority or authorities it serves before entering into any agreement with the
department.
(2) Local ordinances. Each jurisdictional health department must adopt local ordinances implementing this chapter not later than one year after the effective date of this chapter, and must file the ordinances with the department within ninety days following local adoption. Local ordinances must not be less stringent than this chapter, but may include additional requirements provided additional requirements do not conflict with state or federal statutes.
Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-700, filed 1/10/03, effective 2/10/03.
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