_______________________________________________
SUBSTITUTE
HOUSE BILL 2960
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
Read
first time 02/05/98. Referred to Committee on .
Authorizing permits-by-rule for certain solid waste
recycling facilities.
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 a very probable threat to human
health and the environment.
