Subject of Possible Rule Making: Certification of operators of solid waste incinerator and landfill facilities, chapter 173-300 WAC. There are amendments to the following sections: Definitions (WAC 173-300-020); Duties of the board of advisors (WAC 173-300-030); Operator certification required at incineration facilities (WAC 173-300-050); Operator certification required at landfill facilities (WAC 173-300-060); Certification of inspectors (WAC 173-300-070); Applications and certification requirements (WAC 173-300-080); Training and examinations (WAC 173-300-090); Certification term (WAC 173-300-100); Renewal of certificate (WAC 173-300-110); Fees (WAC 173-300-120); and Revocation (WAC 173-300-130). A new section is also proposed, entitled, Contracting for services (WAC 173-300-075).

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.95D.080 Solid waste incinerator and landfill operators.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rule provides a process and criteria for certifying solid waste landfill and incinerator operators. The amendment specifically states that ecology may enter into agreements for those certifications to be carried out by other governmental or nongovernmental organizations under agreements or contracts with ecology.

     The rule clarifies existing language. Certification activities could be carried out without the rule amendment; however, the language being added or changed will avoid potential confusion and uncertainty.

     Process for Developing New Rule: The rule amendment will be developed by ecology staff to clarify language to avoid potential confusion or uncertainty about ecology's authority to enter into agreements with governmental or nongovernmental agencies to carry out the requirements of the statute.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Randy Martin, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6136, fax (360) 407-6102 or (360) 407-6903, e-mail rama461@ecy.wa.gov.

November 1, 2005

Cullen D. Stephenson

Program Manager

Solid Waste and Financial

Assistance Program