Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-350 - Solid waste handling standards
Section 173-350-710 - Permit application and issuance
Universal Citation: WA Admin Code 173-350-710
Current through Register Vol. 24-06, March 15, 2024
(1) Permit application process.
(a) Any owner or operator required to obtain
a solid waste permit must apply to the jurisdictional health department on
forms prescribed by the department. All permit application filings must include
two copies of the application. An application may not be considered complete by
the jurisdictional health department until all the information required under
WAC
173-350-715
and the applicable section(s) of this chapter has been submitted.
(b) The jurisdictional board of health may
establish reasonable fees for permits, permit modifications, and renewal of
permits. All permit fees collected by the health department must be deposited
in the account from which the health department's operating expenses are
paid.
(c) Once the jurisdictional
health department determines that an application for a permit is complete, it
must:
(i) Refer one copy to the appropriate
regional office of the department for review and comment and include
correspondence indicating that the jurisdictional health department has
determined that the application is complete;
(ii) Investigate every application to
determine whether the facility meets all applicable laws and regulations, is
not in conflict with the approved comprehensive solid waste management plan
and/or the approved hazardous waste management plan, and complies with all
zoning requirements; and
(iii) When
the application is for a permit to establish or modify a solid waste handling
facility located in an area that is not under a quarantine, as defined in
RCW
17.24.007, and when the facility will receive
material for composting, from an area under a quarantine, the jurisdictional
health department must also provide a copy of the application to the Washington
state department of agriculture. The Washington state department of agriculture
will review the application to determine whether it contains information
demonstrating that the proposed facility presents a risk of spreading disease,
plant pathogens, or pests to areas that are not under a quarantine. Within
forty-five days, the Washington state department of agriculture will report its
findings to the jurisdictional health department and department.
(d) Once the department has
received a complete application for review, it will:
(i) Ensure that the proposed facility
conforms with all applicable laws and regulations including this
chapter;
(ii) Ensure that the
proposed facility is not in conflict with the approved comprehensive solid
waste management plan and/or the approved hazardous waste management plan;
and
(iii) Recommend for or against
the issuance of the permit by the jurisdictional health department within
forty-five days of receipt of a complete application.
(2) Permit issuance.
(a) When the jurisdictional health department
has evaluated all pertinent information, it may issue or deny a permit. The
jurisdictional health department must approve or disapprove every complete
solid waste permit application within ninety days of its determination that the
application is complete. Every permit issued by a jurisdictional health
department must contain specific requirements necessary for the proper
operation of the permitted facility.
(b) Every permit issued may be valid for a
period not to exceed five years at the discretion of the jurisdictional health
department. If a permit is to be issued for longer than one year, the
jurisdictional health department may hold a public hearing before making a
decision.
(c) Jurisdictional health
departments must file all issued permits with the appropriate regional office
of the department no more than seven days after the date of issuance. No solid
waste permit issued pursuant to
RCW
70.95.180 will be considered valid unless it
has been reviewed by the department.
(d) The department will review each permit
and report its findings to the jurisdictional health department in writing
within thirty days of permit issuance.
(e) Jurisdictional health departments may
issue one solid waste handling permit covering multiple activities at the same
site, or multiple solid waste handling permits may be issued for a single
facility with multiple activities.
(3) Permit renewals.
(a) Prior to renewing a permit, the
jurisdictional health department will conduct a review as it deems necessary to
ensure that solid waste handling on the site continues to:
(i) Meet the solid waste handling standards
of the department;
(ii) Comply with
all applicable laws and regulations; and
(iii) Not conflict with the approved solid
waste management plan and/or the approved hazardous waste management
plan.
(b) A
jurisdictional health department must approve or deny a permit renewal within
forty-five days of conducting its review.
(c) Every permit renewal will be valid for a
period not to exceed five years at the discretion of the jurisdictional health
department. If a permit is to be renewed for longer than one year, the
jurisdictional health department may hold a public hearing before making a
decision.
(d) Jurisdictional health
departments must file all issued permit renewals with the appropriate regional
office of the department not more than seven days after the date of issuance.
No permit renewal issued pursuant to
RCW
70.95.190 will be considered valid unless it
has been reviewed by the department.
(e) The department will review the renewal
and report its findings to the jurisdictional health department in writing
within thirty days of issuance of the permit renewal.
(4) Permit modifications.
(a) Any change to the operation, design, site
or processing capacity, performance, or monitoring of a permitted facility
requires a modification to the per-mit when such a change is tied to a
regulatory design or operating standard in this chapter. A modification request
must include the following information:
(i) A
description of the proposed modification;
(ii) The reasons for the proposed
modification;
(iii) A description
of the impacts from the proposed modification upon the solid waste facility as
presently permitted;
(iv) A showing
that, as modified, the solid waste facility will be capable of compliance with
the applicable requirements of this regulation; and
(v) Any other information as required by the
jurisdictional health department.
(b) If the jurisdictional health department
and the department determine that the proposed modification is significant, the
procedures of subsection (1) of this section will be followed except that:
(i) The department will report its findings
to the jurisdictional health department within thirty days;
(ii) The jurisdictional health department
will approve or disapprove the modification request within forty-five days
after its receipt of a complete application; and
(c) If the jurisdictional health department
and the department determine that the procedures of subsection (1) of this
section are not necessary, any written form of communication documenting the
deliberation and decision related to the permit modification request is
sufficient.
(d) The jurisdictional
health departments must file approved modifications with the appropriate
regional office of the department no more than seven days after the date of
issuance. No solid waste permit modification issued pursuant to
RCW
70.95.180 will be considered valid unless it
has been reviewed by the department.
(5) Inspections.
(a) At a minimum, jurisdictional health
departments must conduct annual inspections of all permitted solid waste
facilities .
(b) All facilities and
sites must be physically inspected prior to issuing a permit, permit renewal,
or permit modification.
(c) Any
duly authorized representative of the jurisdictional health department may
enter and inspect any property, premises or place at any reasonable time for
the purpose of determining compliance with this chapter, and relevant laws and
regulations. Findings must be noted and kept on file. A copy of the inspection
report or annual summary must be furnished to the site operator.
(6) Permit transfers.
(a) No solid waste permit may be transferred
to a new owner or operator without first obtaining approval from the
jurisdictional health department by submitting an application specified by the
jurisdictional health department and the department pursuant to subsection (1)
of this section.
(b) The
application must include at least the following:
(i) The name and all contact information of
the new owner or operator (applicant);
(ii) A demonstration that a new owner or
operator is capable of operating the facility in compliance with all the
applicable requirements of this regulation and the solid waste permit
conditions;
(iii) If applicable,
financial assurance pursuant to WAC
173-350-600.
Existing financial assurance must remain in place by the currently permitted
owner or operator until this requirement is met;
(iv) An original signature pursuant to WAC
173-350-715(3);
and
(v) Any other information as
required by the jurisdictional health department.
(c) The jurisdictional health department is
authorized to require a new solid waste permit application pursuant to all
procedures of subsection (1) of this section if it determines the requirement
is warranted.
(7) Permit suspension and appeals.
(a) Any permit for a solid waste handling
facility is subject to suspension at any time the jurisdictional health
department determines that the solid waste handling facility is being operated
in violation of this chapter, conditions of the solid waste permit, the rules
of the Washington state department of agriculture, or local laws and
regulations.
(b) Whenever the
jurisdictional health department denies a permit or suspends a permit for a
solid waste handling facility, it must:
(i)
Upon request of the applicant or holder of the permit, grant a hearing on the
denial or suspension within thirty days after the request;
(ii) Provide notice of the hearing to all
interested parties including the county or city having jurisdiction over the
site and the department; and
(iii)
Within thirty days after the hearing, notify the applicant or the holder of the
permit in writing of the determination and the reasons therefore. Any party
aggrieved by the determination may appeal to the pollution control hearings
board by filing with the board a notice of appeal within thirty days after
receipt of notice of the determination of the health officer.
(c) If the jurisdictional health
department denies a permit renewal or suspends a permit for an operating waste
recycling facility that receives waste from more than one city or county, and
the applicant or holder of the permit requests a hearing or files an appeal
under this section, the permit denial or suspension will not be effective until
the completion of the appeal process under this section, unless the
jurisdictional health department declares that continued operation of the waste
recycling facility poses a very probable threat to human health or the
environment.
(8) Variances.
(a) Any person
subject to the solid waste permitting requirements of this section may apply to
the jurisdictional health department for a variance from any section of this
chapter except that no variance will be granted for requirements specific to
chapter 70.95 RCW, Solid waste management-Reduction and recycling.
Requests for variances must be made during the application process in subsection (1) of this section or the permit modification process in subsection (4) of this section.
(b) Any variance request must contain
sufficient information and justification for the jurisdictional health
department and department to determine if a variance request should be approved
including a demonstration that compliance with the section from which variance
is sought would produce hardship without equal or greater benefits to the
public.
(c) Any variance request
granted by the jurisdictional health department requires written concurrence by
the department.
(d) Variances may
be granted for a limited time period if deemed appropriate by the
jurisdictional health department and department.
(e) All variances must be reviewed annually
as part of the permit review process in subsection (5)(a) of this
section.
(9) Permit deferral.
(a) A
jurisdictional health department may, at its discretion and with the
concurrence of the department, waive the requirement that a solid waste permit
be issued for a facility under this chapter by deferring to other air, water,
or environmental permits issued for the facility which provide an equivalent or
superior level of environmental protection.
(b) The requirement to obtain a solid waste
permit from the jurisdictional health department will not be waived for any
transfer station, landfill, or incinerator that receives municipal solid waste
destined for final disposal.
(c)
Any deferral of permitting or regulation of a solid waste facility granted by
the department or a jurisdictional health department prior to June 11, 1998,
will remain valid and will not be affected by this subsection.
(d) Any person who owns or operates a solid
waste handling facility subject to obtaining a solid waste permit may apply to
the jurisdictional health department for permit deferral. Two copies of an
application for permit deferral must be signed by the owner or operator and
submitted to the jurisdictional health department. Each application for permit
deferral must include:
(i) A description of
the solid waste handling units for which the facility is requesting
deferral;
(ii) A list of the other
environmental permits issued for the facility;
(iii) A detailed description of how the other
environmental permits will provide an equivalent or superior level of
environmental protection;
(iv)
Evidence that the facility is not in conflict with the approved comprehensive
solid waste management plan and/or the approved hazardous waste management
plan;
(v) Evidence of compliance
with chapter 197-11 WAC, SEPA rules, including the SEPA lead agency's
determination; and
(vi) Other
information that the jurisdictional health department or the department may
require.
(e) When the
permit deferral application is for a solid waste handling facility located in
an area that is not under a quarantine, as defined in
RCW
17.24.007, and when the facility will receive
material for composting, from an area under a quarantine, the jurisdictional
health department must also provide a copy of the application to the Washington
state department of agriculture. The Washington state department of agriculture
will review the application to determine whether it contains information
demonstrating that the proposed facility presents a risk of spreading disease,
plant pathogens, or pests to areas that are not under a quarantine. Within
forty-five days, the Washington state department of agriculture must report its
findings to the jurisdictional health department and department.
(f) The jurisdictional health department must
notify the applicant if it elects not to waive the requirement that a solid
waste permit must be issued for a facility under this chapter. If the
jurisdictional health department elects to proceed with permit deferral, it
must:
(i) Refer one copy of the complete
deferral application to the appropriate regional office of the department for
review and written concurrence;
(ii) Notify the permit issuing authority or
authorities for the other environmental permits described in (d)(ii) of this
subsection and allow a thirty day opportunity for comment; and
(iii) Determine if the proposed permit
deferral provides an equivalent or superior level of environmental
protection.
(g) The
department will provide a written concurrence or denial for the permit deferral
within forty-five days of receipt of a complete permit deferral application or
inform the jurisdictional health department as to the status with a schedule
for its determination.
(h) No
solid waste permit deferral will be effective unless the department has
provided written concurrence. All requirements for solid waste permitting
remain in effect until the department has provided written
concurrence.
(i) When the
jurisdictional health department has evaluated all information, it must provide
written notification to the applicant and the department whether or not it
elects to waive the requirement that a solid waste permit be issued for a
facility under this chapter by deferring to other environmental permits issued
for the facility. Every complete permit deferral application must be approved
or denied within ninety days after its receipt by the jurisdictional health
department or the owner or operator must be informed as to the status of the
application with a schedule for final determination.
(j) The jurisdictional health department must
send any approval for a permit deferral to the appropriate regional office of
the department within seven days of issuance.
(k) The jurisdictional health department must
revoke any permit deferral if it or the department determines that the other
environmental permits are providing a lower level of environmental protection
than a solid waste permit. Jurisdictional health departments must notify the
facility's owner or operator of intent to revoke the permit deferral and direct
the owner or operator to take measures necessary to protect human health and
the environment and to comply with the permit requirements of this
chapter.
(l) Facilities operating
under a solid waste permit deferral to other environmental permits must:
(i) Allow the jurisdictional health
department or the department, at any reasonable time, to inspect the solid
waste handling facility which has been granted a permit deferral;
(ii) Notify the jurisdictional health
department and the department whenever changes are made to the other
environmental permits identified in (d)(ii) of this subsection. This
notification must include a detailed description of how the changes will affect
the facility's operation and how, as described in (d)(iii) of this subsection,
the amended permits continue to provide an equivalent or superior level of
environmental protection to the deferred solid waste permits. If the amended
permits no longer provide an equivalent or superior level of environmental
protection, the facility owner or operator must close the solid waste handling
facility or apply for a solid waste permit from the jurisdictional health
department according to procedures of subsection (1) of this section;
(iii) Notify the jurisdictional health
department and the department within seven days of discovery of any violation
of, or failure to comply with, the conditions of the other environmental
permits identified in (d)(ii) of this subsection;
(iv) Notify the jurisdictional health
department of any enforcement actions taken as a result of noncompliance with
the permit(s) that have been deferred to;
(v) Prepare and submit an annual report to
the jurisdictional health department and the department by April 1st as
required under the appropriate annual reporting sections of this chapter;
(vi) Operate in accordance with
any other written conditions that the jurisdictional health department deems
appropriate; and
(vii) Take any
measures deemed necessary by the jurisdictional health department when the
permit deferral has been revoked.
Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-710, filed 1/10/03, effective 2/10/03.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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