BP BHEAD INT S [atlas:bill]

AN ACT Relating to a permit-by-rule process for solid waste recycling facilities; amending RCW 70.95.020 and 70.95.210; and creating a new section.

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

Sec. 1. RCW 70.95.020 and 1985 c 345 s 2 are each amended to read as follows:

The purpose of this chapter is to establish a comprehensive state-wide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter:

(1) To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state;

(2) To provide for adequate planning for solid waste handling by local government;

(3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling;

(4) To encourage the development and operation of waste recycling facilities needed to accomplish the management priority of waste recycling, and to promote consistency in the requirements for such facilities throughout the state;

(5) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;

((~~(5)~~)) (6) To encourage storage, proper disposal, and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state.

It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs.

NEW SECTION. Sec. 2. The department of ecology, in conjunction with the state solid waste advisory committee, shall continue to refine their recommendations produced pursuant to the comprehensive review of the state's solid waste system required under section 6, chapter 213, Laws of 1997. The department shall submit a report containing the refined recommendations to the appropriate legislative committees by December 1, 1998. In refining these recommendations, the department shall address:

(1) The applicability of a permit-by-rule process for solid waste recycling facilities;

(2) Consistency of permitting for regional, multijurisdictional recycling facilities;

(3) The application of best available control technology on a consistent basis, so that similar recycling facilities are subject to the same requirements; and

(4) Methods of integrating facility standards with the recommendations from the study.

Sec. 3. RCW 70.95.210 and 1987 c 109 s 21 are each amended to read as follows:

Whenever the jurisdictional health department denies a permit 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~~)). 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 shall 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 an imminent threat to human health and the environment.