AN ACT Relating to solid waste permitting; amending RCW 70.95.020, 70.95.170, and 70.95.190; adding new sections to chapter 70.95 RCW; and prescribing penalties.

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 provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;

(5) To encourage storage, proper disposal, and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state; and

(6) To encourage the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling and to promote consistency in the permitting requirements for such facilities and activities 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. A new section is added to chapter 70.95 RCW to read as follows:

(1) The department may by rule exempt one or more beneficial uses of solid wastes from the permitting requirements of this chapter. In adopting the rule, the department shall consider the following:

(a) Whether the material will be beneficially used or reused; and

(b) Whether the beneficial use or reuse of the material will present threats to human health or the environment.

(2) The department shall establish procedures by rule for seeking a determination that any beneficial use of solid waste not exempted by rules adopted under subsection (1) of this section is exempt from the permitting requirements of this chapter. The rules shall establish criteria to be considered in making the determination, which shall include, but not be limited to, the criteria set forth in subsection (1) of this section. Rules adopted under this subsection shall define the information necessary for application. Persons seeking the determination shall apply to the department.

(3) After receipt of an application filed under rules adopted under subsection (2) of this section, the department shall review the application to determine whether it is complete, and forward a copy of the completed application to the jurisdictional health departments for review and comment. Within forty-five days, the jurisdictional health departments shall forward their comments and any other information they deem relevant to the department, which will then approve or disapprove the application. Every complete application shall be approved or disapproved by the department within ninety days of receipt. No solid waste may be exempt from the permitting requirements of this chapter until the department has approved the beneficial use or reuse described in the complete application. After approval by the department, the solid waste is exempt from the permitting requirements of this chapter when used anywhere in the state in the manner approved by the department. Any change in the composition, use, or reuse of the solid waste invalidates the determination.

(4) The department shall establish procedures by rule for public, solid waste industry, and jurisdictional health department review of each determination to ensure conformity with:

(a) Procedures for exemptions specified in the minimum functional standards for solid waste handling; and

(b) The protection of human health and the environment.

(5) Any jurisdictional health department or applicant may appeal the determination by the department in subsection (3) of this section 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 by the department. The hearings board shall hold a hearing in accordance with chapter 34.05 RCW.

(6) This section shall not be deemed to invalidate the exemptions or determinations of nonapplicability in the department's solid waste rules as they exist on the effective date of this section, which exemptions and determinations are recognized and confirmed subject to the department's continuing authority to modify or revoke those exemptions or determinations by rule.

Sec. 3. RCW 70.95.170 and 1997 c 213 s 2 are each amended to read as follows:

Except as provided otherwise in section 5 or 6 of this act, after approval of the comprehensive solid waste plan by the department no solid waste handling facility or facilities shall be maintained, established, or modified until the county, city, or other person operating such site has obtained a permit ((~~from the jurisdictional health department~~)) pursuant to ((~~the provisions of~~)) RCW 70.95.180 or 70.95.190.

Sec. 4. RCW 70.95.190 and 1997 c 213 s 4 are each amended to read as follows:

(1) Every permit for an existing solid waste handling facility issued pursuant to RCW 70.95.180 shall be renewed at least every five years on a date established by the jurisdictional health department having jurisdiction of the site and as specified in the permit. If a permit is to be renewed for longer than one year, the local jurisdictional health department may hold a public hearing before making such a decision. Prior to renewing a permit, the health department shall conduct a review as it deems necessary to assure that the solid waste handling facility or facilities located on the site continues to meet minimum functional standards of the department, applicable local regulations, and are not in conflict with the approved solid waste management plan. A jurisdictional health department shall approve or disapprove a permit renewal within forty-five days of conducting its review. The department shall review and may appeal the renewal as set forth for the approval of permits in RCW 70.95.185.

(2) The jurisdictional board of health may establish reasonable fees for permits reviewed under this section. 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.

NEW SECTION. Sec. 5. A new section is added to chapter 70.95 RCW to read as follows:

(1) Notwithstanding any other provision of this chapter, the department may exempt by rule any category of solid waste handling facility that it determines to present little or no environmental risk from the requirements to obtain a solid waste handling permit.

(2) This section does not apply to any facility or category of facilities:

(a) That receives municipal solid waste destined for final disposal, including but not limited to transfer stations, landfills, and incinerators;

(b) That applies waste materials on land for disposal purposes; or

(c) That receives waste destined for recycling or reuse, the operation of which is determined by the department to present risks to human health and the environment.

(3) Rules adopted under this section shall contain such terms and conditions as the department deems necessary to ensure compliance with applicable statutes and regulations.

(4) This section shall not be deemed to invalidate the exemptions or determinations of nonapplicability in the department's solid waste rules as they exist on the effective date of this section, which exemptions and determinations are recognized and confirmed subject to the department's continuing authority to modify or revoke those exemptions or determinations by rule.

NEW SECTION. Sec. 6. A new section is added to chapter 70.95 RCW to read as follows:

(1) Notwithstanding any other provisions of this chapter, the department shall develop rules:

(a) Describing when a jurisdictional health department may, at its discretion, defer solid waste permitting to other air, water, or environmental permits issued for the same facility; and

(b) Allowing deferral only if the applicant and the jurisdictional health department demonstrate that other permits for the facility will provide a comparable level of protection for human health and the environment that would be provided by a solid waste handling permit.

(2) A jurisdictional health department may defer solid waste permitting to other environmental permits at its discretion.

(3) This section does not apply to any municipal solid waste transfer station, landfill, or incinerator.

(4) If, before the effective date of this section, either the department or a jurisdictional health department has deferred solid waste permitting or regulation of a solid waste facility to permitting or regulation under other environmental permits for the same facility, such deferral is valid and shall not be affected by the rules developed under subsection (1) of this section.

(5) Rules adopted under this section shall contain such terms and conditions as the department deems necessary to ensure compliance with applicable statutes and regulations.

NEW SECTION. Sec. 7. A new section is added to chapter 70.95 RCW to read as follows:

The department may assess a civil penalty in an amount not to exceed one thousand dollars per day per violation to any person exempt from solid waste permitting in accordance with section 2 or 5 of this act who fails to comply with the terms and conditions of the exemption. Each such violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation.

NEW SECTION. Sec. 8. A new section is added to chapter 70.95 RCW to read as follows:

Nothing in chapter . . ., Laws of 1998 (this act) may be construed to affect chapter 81.77 RCW and the authority of the utilities and transportation commission.