Current through Register Vol. 24-06, March 15, 2024
(1) Initial and reissuance procedures.
(a) Forms and complete application. An
application for a permit under this regulation must be submitted on a form
prescribed by the department. In order to be complete:
(i) Two or more copies (as determined by the
jurisdictional health department) of the application must have been signed by
the owner and operator and received by the jurisdictional health
department;
(ii) The application
must include evidence of compliance with the State Environmental Policy Act
(SEPA) rules, chapter 197-11 WAC; and
(iii) The application must include the plans,
reports, and other supporting information required by this
regulation.
(b) Notice.
Once the jurisdictional health department determines that an application for a
permit is complete, it will:
(i) Refer one
copy to the appropriate regional office of the department for review and
comment;
(ii) For all permits
except renewal, modified and transition permits give notice of its receipt of a
complete permit application to the public and to interested persons for public
comment for thirty days after the publication date of the notice and perform
the following additional public notification requirements:
(A) Mail the notice to persons who have
requested notice in writing;
(B)
Mail the notice to state agencies and local governments with a regulatory
interest in the proposal;
(C)
Include in the public notice a statement that any person may express their
views in writing to the jurisdictional health department within thirty days of
the last date of publication;
(D)
Mail a copy of the MSWLF permit decision to any person who has made written
request for such decision; and
(E)
Add the name of any person, upon request, to a mailing list to receive copies
of notices for all applications.
(c) Standards for approval. The
jurisdictional health department must investigate every application to
determine whether the facility meets all applicable laws and regulations,
conforms to the most recently adopted comprehensive solid waste management plan
in effect at the time of application and complies with all zoning requirements.
A land use permit or letter from the jurisdictional zoning authority is
sufficient to demonstrate compliance with zoning requirements.
(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 permit application within forty-five days of receipt of a
complete application or inform the jurisdictional health department as to the
status of the application and when it expects its findings will be transmitted
to the jurisdictional health department. Additionally, the department must
recommend for or against the issuance of each permit by the jurisdictional
health department.
(f) Permit
approval. When the jurisdictional health department has evaluated all
information in the public record, it will issue or deny a permit. Every
complete permit application must be approved or disapproved within ninety 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 issued 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.
(2) SEPA
review. The State Environmental Policy Act (SEPA), the SEPA rules and local
SEPA rules apply to permit decisions made pursuant to this chapter.
(3) Preapplication meetings. Preapplication
meetings between the jurisdictional health department and the owner or operator
are encouraged to address, among other things, the development of a complete
application.
(4) Activities
authorized in permits, generally.
(a)
Construction. A valid MSWLF permit entitles the owner or operator to construct
the MSWLF unit or MSWLF units, subject to conditions the jurisdictional health
department may impose. Authorization to construct each lateral expansion or
subsequent MSWLF unit is subject to the preconstruction review requirements of
WAC 173-351-750(4)
and the construction of each lateral expansion or MSWLF unit must comply with
all requirements of this regulation and other regulations applicable at the
time jurisdictional health department approval is granted.
(b) Operation. Except for MSWLF units
governed by the transition rules of WAC
173-351-700(2),
the jurisdictional health department's approval to accept solid waste will not
be given until the owner or operator has demonstrated to the jurisdictional
health department's satisfaction that each MSWLF unit has been constructed in
accordance with the approved plans and specifications for that MSWLF
unit.
(c) Post-closure activities.
The jurisdictional health department's approval for post-closure activities
will not be given until the permittee has demonstrated to the jurisdictional
health department's satisfaction that the MSWLF unit or all the MSWLF units
have been closed in accordance with the final engineering plans of WAC
173-351-500(1)(e)(ii)
and the approved closure plan.
Note:
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Failure to obtain approval for post-closure
activities may prevent reimbursement under post-closure financial assurance in
WAC 173-351-600.
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(5) Renewal procedures. Except as provided in
WAC 173-351-710(6),
the owner or operator of a facility must apply for renewal of the MSWLF permit
at least thirty days before the renewal date. The owner or operator is
authorized to continue activities authorized under the most recent expired
permit, if the jurisdictional health department has not rendered a decision on
renewal by the renewal date of the current permit.
(a) Prior to renewing a permit, the
jurisdictional health department will:
(i)
Review the original application, modifications, and additional information
required in WAC
173-351-730(3)(b)
for compliance with these regulations;
and
(ii) Collect the renewal fee if
the jurisdictional health department so chooses.
(b) If the facility meets all applicable laws
and regulations and conforms to the most recently adopted comprehensive solid
waste management plan, the jurisdictional health department may renew the
permit for a period not to exceed five years; and
(c) The jurisdictional health department must
file the renewed permit with the department no more than seven days after the
date of renewal. The department will review and may appeal the renewal as set
forth in RCW 70.95.185 and
70.95.190. See also reissuance
under subsection (6) of this section. No permit issued pursuant to this chapter
will be valid unless it has been reviewed by the department.
(6) Permit modifications.
(a) Any owner or operator intending to modify
a valid MSWLF permit must file a modification application at least forty-five
days before the intended modification. A modification application must be made
on forms authorized by the jurisdictional health department and the department,
and the forms must include information identified in WAC
173-351-730(3)(a).
(b) The jurisdictional health department will
follow the procedures of subsection (1) of this section in issuing a permit
modification except for the following:
(i)
Subsection (1)(b)(ii) and (iii) of this section, public notice;
(ii) The department will report its findings
under subsection (1)(e) of this section within thirty days; and
(iii) The jurisdictional health department
will approve or disapprove the modification application within forty-five days
after its receipt or inform the owner or operator as to the status of the
application with a schedule for final determination.
(c) To allow for permit modifications to be
authorized at the time of permit renewal, any owner or operator may combine the
application required for a permit modification in WAC
173-351-730(3)(a)
with the application required for a renewal
permit in WAC
173-351-730(3)(b).
(d) Lateral expansions, a fifty percent
increase or greater in design volume capacity, or changes resulting in
significant adverse environmental impacts that have led a responsible official
to issue a declaration of significance under WAC
197-11-736 are not considered a
modification but require permit reissuance under these rules.
(7) Permit reissuance. Any owner
or operator intending to continue construction, operation, or post-closure
beyond the permitted duration of a valid MSWLF permit must file a reissuance
application at least ninety days before the existing permit expires. Reissuance
applications are subject to the public notification process of subsection
(1)(b) of this section. A reissuance application must be made on forms
authorized by the jurisdictional health department and the department, and must
include information identified in WAC
173-351-730(4).
The jurisdictional health department will follow the procedures of subsection
(1) of this section in reissuing a permit.
Statutory Authority:
RCW
70.95.020(3),
70.95.060(1), and
70.95.260(1),
(6). 12-23-009 (Order 07-15), §
173-351-720, filed 11/8/12, effective 12/9/12. Statutory Authority:
Chapter
70.95 RCW and 40 CFR 258.
93-22-016, § 173-351-720, filed 10/26/93, effective
11/26/93.