Z-0120.2 _______________________________________________
SENATE BILL 5331
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senators Swecker and Fraser; by request of Department of Ecology
Read first time 01/23/97. Referred to Committee on Agriculture & Environment.
AN ACT Relating to solid waste permit renewal; amending RCW 70.95.030 and 70.95.180; and repealing RCW 70.95.190.
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 substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of 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) "Residence" means the regular dwelling place of an
individual or individuals.
(((18)))
(19) "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)))
(20) "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)))
(21) "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)))
(22) "Source separation" means the separation of different
kinds of solid waste at the place where the waste originates.
(((22)))
(23) "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)))
(24) "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)
Applications for permits to operate new or existing solid waste ((disposal
sites)) handling facilities 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 an application for a permit to establish, ((alter, expand,
improve)) modify, or continue in use a solid waste ((disposal
site)) 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 an existing or proposed 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)(a) Except as provided in (b) of this subsection, every permit for a solid waste handling facility may be issued for a period of one to five years, as determined by the local jurisdictional health department. If a permit is to be issued for longer than one year, the local jurisdictional health department shall hold a public hearing before making such a decision.
(b) An existing solid waste handling facility shall be reviewed and issued a permit before making any changes meeting the criteria under RCW 70.95.030(13).
(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. RCW 70.95.190 and 1984 c 123 s 9 & 1969 ex.s. c 134 s 19 are each repealed.
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