S-1480.1 _______________________________________________
SENATE BILL 6040
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senator Rasmussen
Read first time 02/15/2001. Referred to Committee on Environment, Energy & Water.
AN ACT Relating to modifying landfill facility operations to receive waste from out-of-area sources; and amending RCW 70.95.180 and 70.95.185.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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, and, for applications to modify facility operations under subsection (3) of this section, shall issue its concurrence or nonconcurrence under RCW 70.95.185 following receipt by the department of the jurisdictional health department's recommendations.
(3) An owner or operator of a solid waste landfill facility located west of the crest of the Cascade mountains who proposes to modify facility operations as defined in this subsection shall obtain a permit for the modifications and a concurrence by the department as provided under RCW 70.95.185. When the owner or operator of such a facility proposes to increase on an annual basis the disposal of municipal solid waste generated within the state but outside the county in which the facility is located, in an amount greater than ten thousand tons more than the preceding calendar year, such increase shall be considered a modification of facility operations. In addition to the determinations under this subsection, the jurisdictional health department shall require the applicant to provide information on the types and quantities of waste to be disposed in the facility, and shall obtain information from the jurisdictional health departments in the areas generating the waste regarding compliance of waste generators and transporters with the applicable local comprehensive solid waste management program.
(4) 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))) (5)
When the jurisdictional health department finds that the permit should be
issued, it shall issue such permit. For applications to modify facility
operations under subsection (3) of this section, the jurisdictional health
department shall obtain the concurrence of the department before issuing the
permit. Every application shall be approved or disapproved within ninety
days after its receipt by the jurisdictional health department.
(((5))) (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.
Sec. 2. RCW 70.95.185 and 1984 c 123 s 8 are each amended to read as follows:
(1) Except for permits requiring concurrence by the department before issuance under subsection (2) of this section, every permit issued by a jurisdictional health department under RCW 70.95.180 shall be reviewed by the department to ensure that the proposed site or facility conforms with:
(((1))) (a)
All applicable laws and regulations including the minimal functional standards
for solid waste handling; and
(((2))) (b)
The approved comprehensive solid waste management plan.
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))) (a) or (b) 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.
(2) The jurisdictional health department shall forward applications to modify facility operations under RCW 70.95.180(3) to the department within five days of receiving a complete application. The department shall review the application to ensure that:
(a) The proposed facility operations will conform to all applicable laws and regulation, including the minimum functional standards for solid waste handling;
(b) The handling of waste generated and transported to the facility will conform to the applicable local comprehensive solid waste management plans for the areas in which the waste is generated; and
(c) The standards for source separation and recycling services, diversion of dangerous waste, and waste reduction programs to which the waste is subject in the areas in which it is generated are substantially equivalent to those of solid waste generated in the county or city in which the landfill disposal facility is located.
The department shall inform the jurisdictional health department of its concurrence or nonconcurrence within forty-five days of receipt of the complete application. A concurrence may include such conditions as may be necessary to ensure the waste to be disposed in the facility is subject to standards for source separation and recycling, diversion of dangerous waste, and waste reduction substantially equivalent to those of solid waste generated in the county or city in which the landfill disposal facility is located. The jurisdictional health department shall not issue the permit without a concurrence from the department.
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