BP BHEAD INT H

AN ACT Relating to permitting of solid waste handling facilities; and amending RCW 70.95.030, 70.95.180, 70.95.185, 70.95.190, 70.95.200, 70.95.210, 70.95.218, and 70.95D.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 70.95.030 and 1992 c 174 s 16 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise:

(1) "City" means every incorporated city and town.

(2) "Commission" means the utilities and transportation commission.

(3) "Committee" means the state solid waste advisory committee.

(4) "Department" means the department of ecology.

(5) "Director" means the director of the department of ecology.

(6) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

(7) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

(8) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

(9) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

(10) "Jurisdictional health department" means city, county, city-county, or district public health department.

(11) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

(12) "Local government" means a city, town, or county.

(13) "Modify" means to change substantially in the design or operational plans, including but not limited to removal of a design element previously set forth in a permit application or a disposal or processing activity that is not approved in the permit.

(14) "Multiple family residence" means any structure housing two or more dwelling units.

((~~(14)~~)) (15) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

((~~(15)~~)) (16) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

((~~(16)~~)) (17) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

((~~(17)~~)) (18) "Regional facility" means any solid waste handling facility that receives or is projected to receive more than twenty-five percent by weight of its waste per year from outside of the planning jurisdictions as established in the approved local comprehensive solid waste management plan.

(19) "Residence" means the regular dwelling place of an individual or individuals.

((~~(18)~~)) (20) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.

((~~(19)~~)) (21) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

((~~(20)~~)) (22) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

((~~(21)~~)) (23) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

((~~(22)~~)) (24) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

((~~(23)~~)) (25) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

Sec. 2. RCW 70.95.180 and 1988 c 127 s 30 are each amended to read as follows:

(1) The following procedures apply for class one areas defined in RCW 70.95.110:

(a) Applications for permits to operate new or existing solid waste disposal sites shall be on forms prescribed by the department and shall contain a description of the proposed and existing facilities and operations at the site, plans and specifications for any new or additional facilities to be constructed, and such other information as the jurisdictional health department may deem necessary in order to determine whether the site and solid waste disposal facilities located thereon will comply with local and state regulations.

((~~(2) Upon receipt of~~)) (b) An application for a permit to establish, ((~~alter, expand, improve~~)) modify, or continue in use a solid waste disposal site((~~, the jurisdictional health department shall refer one copy of the application to the department which shall report its findings~~)) shall be submitted to the jurisdictional health department.

((~~(3)~~)) (c) The jurisdictional health department shall investigate every application as may be necessary to determine whether an existing or proposed site and facilities meet all applicable laws and regulations, and conforms with the approved comprehensive solid waste handling plan, and complies with all zoning requirements.

((~~(4)~~)) (d) When the jurisdictional health department finds that the permit should be issued, it shall issue such permit. Every application shall be approved or disapproved within ninety days after its receipt by the jurisdictional health department.

(2) The following procedures apply for class two and three areas as defined in RCW 70.95.110 and for all solid waste facilities except those identified in subsection (3) of this section:

(a) Applications for permits to operate new or existing solid waste disposal sites shall be on forms prescribed by the department and shall contain a description of the proposed and existing facilities and operations at the site, plans and specifications for any new or additional facilities to be constructed, and such other information as the jurisdictional health department may deem necessary in order to determine whether the site and solid waste disposal facilities located on the site will comply with local and state rules and regulations.

(b) An application for a permit to establish, modify, or continue in use a solid waste disposal site shall be submitted simultaneously to the jurisdictional health department and to the department. The department and the jurisdictional health department shall conduct simultaneous, coordinated, and cooperative reviews of the application. The department shall report its findings to the local jurisdictional health department within eighty days after the receipt of a completed permit application.

(c) The jurisdictional health department shall investigate every application as may be necessary to determine whether an existing or proposed site and facilities meet all applicable laws, rules, and regulations, conform with the approved comprehensive solid waste handling plan, and comply with all zoning requirements.

(d) If the jurisdictional health department finds that the permit should be issued, a permit shall be issued. Every application shall be approved or disapproved within ninety days after its receipt by the jurisdictional health department.

(3) For a regional solid waste handling facility located in a class two or three area, the permit shall be issued jointly by the department and the jurisdictional health department using the following procedures:

(a) Applications for permits to operate new or existing solid waste disposal sites shall be on forms prescribed by the department and shall contain a description of the proposed and existing facilities and operations at the site, plans and specifications for any new or additional facilities to be constructed, and such other information as the jurisdictional health department or the department may deem necessary in order to determine whether the site and solid waste disposal facilities located on the site will comply with local and state rules and regulations.

(c) For regional facility permit applications under this subsection, the jurisdictional health department and the department shall cooperatively determine which party will investigate the various portions of every application, as may be necessary, to determine whether an existing or proposed site and facilities meet all applicable laws, rules, and regulations, conform with the approved comprehensive solid waste handling plan, and comply with all zoning requirements.

(d) If the jurisdictional health department and the department find that the permit should be issued, a permit shall be issued. Both the jurisdictional health department and the department shall approve or disapprove every application within ninety days after the receipt of a completed application. Reasons for denial shall be provided to the applicant in writing. Resolution of conflicts on permit issuance shall occur as provided in RCW 70.95.210.

(4) The department shall provide technical assistance to the local jurisdictional health departments governed by subsections (2) and (3) of this section for all aspects related to permitting. For those local jurisdictional health departments governed by subsection (1) of this section, technical assistance shall be provided upon request.

(5) The jurisdictional board of health may establish reasonable fees for permits and renewal of permits. All permit fees collected by the health department shall be deposited in the treasury and to the account from which the health department's operating expenses are paid.

Sec. 3. RCW 70.95.185 and 1984 c 123 s 8 are each amended to read as follows:

Every permit issued by a jurisdictional health department under RCW 70.95.180(2), and those issued jointly by both the jurisdictional health department and the department under RCW 70.95.180(3), shall be reviewed by the department to ensure that the proposed site or facility conforms with:

(1) All applicable laws and regulations including the minimal functional standards for solid waste handling; and

(2) The approved comprehensive solid waste management plan.

For permits issued only by the local jurisdictional health department under RCW 70.95.180(2), the department shall review the permit within thirty days after the issuance of the permit by the jurisdictional health department. The department may appeal the issuance of the permit by the jurisdictional health department to the pollution control hearings board, as described in chapter 43.21B RCW, for noncompliance with subsection (1) or (2) of this section.

No permit issued pursuant to RCW 70.95.180 after June 7, 1984, shall be considered valid unless it has been reviewed by the department.

Sec. 4. RCW 70.95.190 and 1984 c 123 s 9 are each amended to read as follows:

(1) Every permit for a solid waste disposal site issued under RCW 70.95.180 (1) or (2) shall be renewed ((~~annually~~)) every one to five years, as determined by the local jurisdictional health department at the time of permit issuance, on a date to be established by the jurisdictional health department having jurisdiction of the site. Prior to renewing a permit, the health department shall conduct such inspections as it deems necessary to assure that the solid waste disposal site and facilities located on the site meet minimum functional standards of the department, applicable local regulations, and are not in conflict with the approved solid waste management plan.

The department shall review and may appeal the renewal of permits issued by the local jurisdictional health departments in accordance with RCW 70.95.180(2) as set forth for the approval of permits in RCW 70.95.185.

A renewal issued under this section of permits issued by the local jurisdictional health departments under RCW 70.95.180(2) shall not be considered valid unless it has been reviewed by the department.

(2) Every permit issued for a regional solid waste disposal site under RCW 70.95.180(3) shall be renewed every one to five years, as determined by mutual agreement of the department and the local jurisdictional health department, at the time of permit issuance, on a date to be established by the department and the jurisdictional health department having jurisdiction of the site. Before renewing a permit, the department and the health department, based on mutual agreement of which party is responsible for which portion of the review, shall conduct such inspections as deemed necessary to assure that the solid waste disposal site and facilities located on the site meet minimum functional standards of the department and applicable local regulations, and are not in conflict with the approved solid waste management plan. Disputes on issuance of renewals between the department and the jurisdictional health department shall be reconciled under the procedures in RCW 70.95.210.

(3) The department shall provide technical assistance to the local jurisdictional health departments governed under RCW 70.95.180 (2) or (3) for all aspects related to permitting and permit renewals, if requested by the local jurisdictional health department.

Sec. 5. RCW 70.95.200 and 1969 ex.s. c 134 s 20 are each amended to read as follows:

(1) Any permit for a solid waste disposal site issued ((~~as provided herein~~)) under RCW 70.95.180 (1) or (2) shall be subject to suspension at any time the jurisdictional health department determines that the site or the solid waste disposal facilities located on the site are being operated in violation of this chapter, or the regulations of the department or local laws and regulations.

(2) Any permit for a regional solid waste facility issued jointly by the department and the jurisdictional health department under RCW 70.95.180(3) is subject to suspension at any time the department and the jurisdictional health department concur that the site or the regional solid waste facility located on the site is being operated in violation of this chapter, the rules of the department, or local laws and regulations. Disputes between the department and the jurisdictional health department shall be reconciled under the procedures in RCW 70.95.210.

Sec. 6. RCW 70.95.210 and 1987 c 109 s 21 are each amended to read as follows:

(1) Whenever the jurisdictional health department denies a permit issued under RCW 70.95.180 (1) or (2) or suspends a permit for a solid waste disposal site, it shall, upon request of the applicant or holder of the permit, grant a hearing on such denial or suspension within thirty days after the request therefor is made. Notice of the hearing shall be given all interested parties including the county or city having jurisdiction over the site and the department.

Within thirty days after the hearing, the health officer shall notify the applicant or the holder of the permit in writing of his determination and the reasons therefor. Any party aggrieved by such determination may appeal to the pollution control hearings board by filing with the hearings board a notice of appeal within thirty days after receipt of notice of the determination of the health officer. The hearings board shall hold a hearing in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW((~~, as now or hereafter amended~~)).

(2) For regional facilities, if the department or the jurisdictional health department denies a permit issued under RCW 70.95.180(3) or suspends a permit for a regional solid waste facility, the applicant or holder of the permit may appeal to the pollution control hearings board by filing with the hearings board a notice of appeal within thirty days after receipt of notice of the action by the department or the local jurisdictional health department. The hearings board shall hold a hearing in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

(3) For differences that arise between the department and the jurisdictional health department for dual signature permits for regional facilities, RCW 70.95.210(2) applies.

Sec. 7. RCW 70.95.218 and 1993 c 286 s 2 are each amended to read as follows:

(1) At least sixty days prior to receiving solid waste generated from outside of the state, the operator of a solid waste disposal site facility shall report to the department the types and quantities of waste to be received from an out-of-state source. The department shall develop guidelines for reporting this information. The guidelines shall provide for less than sixty days notice for shipments of waste made on a short-term or emergency basis. The requirements of this subsection shall take effect upon completion of the guidelines.

(2) Upon notice under subsection (1) of this section, the department shall identify all activities and costs necessary to ensure that solid waste generated out-of-state meets standards relating to solid waste reduction, recycling, and management substantially equivalent to those required of solid waste generated within the state. The department may assess a fee on the out-of-state waste sufficient to recover the actual costs incurred in ensuring that the out-of-state waste meets equivalent state standards. The department may delegate, to a local health department, authority to implement the activities identified by the department under this subsection. All money received from fees imposed under this subsection shall be deposited into the solid waste management account created by RCW 70.95.800, and shall be used solely for the activities required by this section.

(3) All solid waste disposal facilities receiving waste from out of state shall prepare a waste acceptance and screening procedure, on forms prescribed by the department, to be reviewed and approved by the department.

(4) The department may prohibit in-state disposal of solid waste generated from outside of the state, unless the generators of the waste meet: (a) Waste reduction and recycling requirements substantially equivalent to those applicable in Washington state; and (b) solid waste handling standards substantially equivalent to those applicable in Washington state. Solid wastes prohibited from municipal solid waste landfills under state law shall not be accepted for disposal from out of state. These materials include, but are not limited to:

(a) Vehicle batteries prohibited under RCW 70.95.610;

(b) Liquid sewage sludge, septic tank sludge, or biosolids prohibited under WAC 173-351-220;

(d) Other materials prohibited under applicable federal and state statutes, rules, or local ordinances.

((~~(4)~~)) (5) The department may adopt rules to implement this section.

Sec. 8. RCW 70.95D.110 and 1989 c 431 s 75 are each amended to read as follows:

All receipts realized in the administration of this chapter shall be paid into the ((~~general fund~~)) state toxics control account.