H-4186              _______________________________________________

                                                   HOUSE BILL NO. 1697

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Zellinsky, Ferguson, Schmidt and Grant

Read first time 1/22/88 and referred to Committee on Environmental Affairs. Rereferred to Committee on Local Government 1/25/88.

AN ACT Relating to local government; and amending RCW 70.95.180 and 70.95.185.

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

        Sec. 1.  Section 18, chapter 134, Laws of 1969 ex. sess. and RCW 70.95.180 are each amended to read as follows:

          (1) Applications for permits to operate new or existing solid waste disposal sites shall be on forms prescribed by the department of environmental quality 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, or continue in use a solid waste disposal site, the jurisdictional health department shall refer one copy of the application to the department of environmental quality 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 applicable laws and regulations, and conforms with the approved comprehensive solid waste handling plan for the solid waste to be handled by the site or facility, 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) 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.  Section 8, chapter 123, Laws of 1984 and RCW 70.95.185 are each amended to read as follows:

          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) All applicable laws and regulations including the minimal functional standards for solid waste handling; and

          (2) The approved comprehensive solid waste management plan for the solid waste to be handled by the proposed site or facility.

          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) 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.