WSR 97-04-061
PROPOSED RULES
DEPARTMENT OF ECOLOGY
[Order 97-01--Filed February 4, 1997, 10:20 a.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 173-401-735 Operating permit regulation, permit appeals.
Purpose: To correct a reference citation.
Statutory Authority for Adoption: RCW 70.94.161 (2)(a).
Statute Being Implemented: RCW 70.94.161(8).
Summary: Legal reference in WAC 173-401-735(3) should read "RCW 34.05.570" instead of "chapter 7.16 RCW."
Reasons Supporting Proposal: Reference needs to be accurate.
Name of Agency Personnel Responsible for Drafting: Tom Todd, 300 Desmond, Lacey, WA, (360) 407-7528; Implementation and Enforcement: Joe Williams, 300 Desmond, Lacey, WA, (360) 407-6880.
Name of Proponent: Department of Ecology, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This amendment will correct the legal citation.
Proposal Changes the Following Existing Rules: Corrects a legal citation.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This is not a significant change and will not cause an economic impact.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This rule change is just a correction of a citation and is not a significant legislative rule change.
Hearing Location: Department of Ecology, 300 Desmond Drive, Lacey, WA, on March 11, 1997, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Tom Todd by March 4, 1997, TDD (360) 407-6006.
Submit Written Comments to: Tom Todd, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, FAX (360) 407-6802, by March 14, 1997.
Date of Intended Adoption: March 19, 1997.
January 31, 1997
Tom Fitzsimmons
Director
AMENDATORY SECTION (Amending Order 91-68, filed 10/4/93, effective
11/4/93)
WAC 173-401-735 Permit appeals. (1) A decision to issue or to deny a final permit, or the terms or conditions of such a permit, may be appealed to the pollution control hearings board under chapter 43.21B RCW and RCW 70.94.161(9). Any appealable decision or determination shall be identified as such and shall contain a conspicuous notice to the recipient that it may be appealed by filing an appeal with the pollution control hearings board and serving the appeal on the permitting authority within thirty days of receipt, pursuant to RCW 43.21B.310. The provision for appeal in this section is separate from and additional to any federal rights to petition and review under section 505(b) of the FCAA, including petitions filed pursuant to 40 CFR 70.8(c) and 70.8(d).
(2) Appealing parties. Parties that may file the appeal referenced in subsection (1) of this section include any person who participated in the public participation process pursuant to WAC 173-401-800.
(3) As provided in ((chapter 7.16)) RCW 34.05.570, a person may seek
a writ of mandamus in the event that a permitting authority fails to take
final action on an application for a permit, permit renewal, or permit
revision within the deadlines specified by WAC 173-401-700 through 173-401-725.
[Statutory Authority: Chapter 70.94 RCW. 93-20-075 (Order 91-68), 173-401-735, filed 10/4/93, effective 11/4/93.]