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, 70.95.180, and 70.95.210; and adding a new section to chapter 70.95 RCW.

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.

Sec. 2. RCW 70.95.180 and 1997 c 213 s 3 are each amended to read as follows:

(1) Applications for permits to operate a new or modified solid waste handling facility shall be on forms prescribed by the department and shall contain a description of the proposed 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 an application for a permit to establish or modify a solid waste handling facility, the jurisdictional health department shall refer one copy of the application to the department which shall report its findings to the jurisdictional health department.

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

(4) 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.

(5) Owners or operators who comply with the permit-by-rule requirements in section 3 of this act are exempt from the permit requirements in this section.

(6) 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.

NEW SECTION. Sec. 3. A new section is added to chapter 70.95 RCW to read as follows:

(1)(a) An owner or operator may notify the jurisdictional health department to obtain written approval for a permit-by-rule.

(b) A facility for which a permit-by-rule has been obtained is subject to inspection by regulatory authorities.

(c) The jurisdictional health department may revoke the permit-by-rule if the facility does not meet the conditions in the permit-by-rule.

(d) If a permit-by-rule is not issued or is revoked, the owner or operator of the facility is subject to the permitting requirements and penalties in this chapter.

(2) Standards for permits-by-rule shall be established by the department.

(3) Jurisdictional health departments shall enforce permits-by-rule.

(4) The permit-by-rule process in this section is available only for solid waste handling facilities that provide a relatively low risk to human health and the environment, and that meet the management priority of waste recycling.

(5) The review and appeal provisions of RCW 70.95.180 apply to permits-by-rule under this section.

Sec. 4. 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, unless the jurisdictional health department declares that continued operation of the waste recycling facility poses an imminent threat to human health and the environment.