Current through Register Vol. 24-06, March 15, 2024
(1) The jurisdictional health department,
with the written concurrence of the department, may issue a research,
development, and demonstration permit for a new MSWLF unit, existing MSWLF
unit, or lateral expansion, from which the owner or operator proposes to
utilize innovative methods which vary from the following criteria provided that
the MSWLF unit has a leachate collection system designed and constructed to
maintain less than a one foot (30 cm) depth of leachate on the liner and has
not been identified as a potential source of contamination:
(a) The run-on control system in WAC
173-351-200(7);
and
(b) The liquids restriction in
WAC 173-351-200(9).
(2) The jurisdictional health
department, with the written concurrence of the department, may issue a
research, development, and demonstration permit for a new MSWLF unit, existing
MSWLF unit, or lateral expansion, for which the owner or operator proposes to
utilize innovative methods which vary from the final cover criteria of WAC
173-351-500(1)(a),
provided the MSWLF unit owner or operator demonstrates that the MSWLF unit is
not a source of contamination and the infiltration of liquid through the
alternative cover system will not cause contamination of groundwater or surface
water, or cause the leachate depth on the liner to exceed one foot (30
cm).
(3) The jurisdictional health
department and the department must follow the procedures of WAC
173-351-720(1)
except the jurisdictional health department must not issue a permit if the
department recommends against its issuance. Any permit issued under this
section must include terms and conditions that are at least as protective as
the criteria for municipal solid waste landfills, and assure protection of
human health and the environment. Such permits must:
(a) Include clearly stated and demonstrable
project goals;
(b) Provide for the
construction and operation of such facilities as necessary, for not longer than
three years, unless renewed as provided in subsections (5) and (6) of this
section;
(c) Provide that the MSWLF
unit must receive only those types and quantities of municipal solid waste and
nonhazardous waste which the jurisdictional health department deems appropriate
for the purposes of determining the efficacy and performance capabilities of
the technology or process;
(d)
Include requirements necessary to protect human health and the environment,
including requirements necessary for testing and providing information to the
jurisdictional health department with respect to the operation of the
facility;
(e) Require the owner or
operator of a permitted MSWLF unit under this section to submit an annual
report to the jurisdictional health department and the department showing
whether and to what extent the site is progressing in attaining project goals.
The report will also include a summary of all monitoring and testing results
and any other operating information specified by the jurisdictional health
department in the permit; and
(f)
Require compliance with all criteria in this chapter, except as permitted under
this section.
(4) The
jurisdictional health department may order an immediate termination of all
operations at the facility permitted under this section or other corrective
measures any time it determines that the overall goals of the project are not
being attained or protecting human health and the environment.
(5) Any permit issued under this section must
not exceed three years and each renewal must not exceed three years. The total
term for a project permit including renewals may not exceed twelve
years.
(6) Permit renewal.
(a) The owner or operator of a MSWLF unit
must apply for renewal of a permit under this section at least ninety days
before the existing permit expires. The owner or operator must provide the
jurisdictional health department two copies of:
(i) A detailed assessment of the project
showing the status with respect to achieving project goals;
(ii) A list of problems and status with
respect to problem resolutions;
(iii) The information required in WAC
173-351-730(3)(b);
and
(iv) Any other requirements
that the jurisdictional health department determines necessary for permit
renewal.
(b) Once the
jurisdictional health department determines that a renewal application is
factually complete, it must refer one copy to the appropriate regional office
of the department for review and comment.
(c) Standards for approval. The
jurisdictional health department and the department must review the original
application and additional information contained in the renewal application to
determine whether the facility meets all applicable laws and regulations and
conforms to the most recently adopted comprehensive solid waste management
plan.
(d) Fees. The jurisdictional
health department may establish reasonable fees for permits and renewal of
permits. All permit fees collected by the health department must be deposited
in the account from which the jurisdictional health department's operating
expenses are paid.
(e) Department's
findings. The department will report to the jurisdictional health department
its findings on each renewal permit application within thirty days of receipt
of a complete application. Additionally, the department must recommend for or
against the renewal of each research, demonstration, and demonstration permit
by the jurisdictional health department.
(f) Permit approval. When the jurisdictional
health department has evaluated all information in the renewal application, it
will, with the written concurrence of the department renew the permit for a
period not to exceed three years or deny the permit. Every complete renewal
application must be approved or disapproved within forty-five days after its
receipt by the jurisdictional health department or inform the owner or operator
as to the status of the application with a schedule for final
determination.
(g) Permit format.
Every permit issued by a jurisdictional health department must be on a format
prescribed by the department and contain specific requirements necessary for
the proper operation of the facility including the requirement that final
engineering plans and specifications be submitted for approval by the
jurisdictional health department.
(h) Filing permits with the department. The
jurisdictional health department must mail all renewed permits to the
department no more than seven days after the date of issuance. The department
will review and may appeal the permit as set forth in
RCW
70.95.185 and
70.95.190. No permit issued
pursuant to this chapter will be valid unless it has been reviewed by the
department.
Statutory Authority:
RCW
70.95.020(3),
70.95.060(1), and
70.95.260(1),
(6). 12-23-009 (Order 07-15), §
173-351-710, filed 11/8/12, effective
12/9/12.