Solid Waste Handling Facility Management.

Under the state's solid waste management laws, local governments are the primary government entity responsible for implementing state solid waste management requirements.  The Department of Ecology (Ecology) also has certain roles in overseeing the administration of solid waste management laws.  Ecology is responsible for working cooperatively with local governments as they develop their local solid waste management plans and in developing the comprehensive solid waste management plan. 

Local jurisdictional health departments (JHDs) are responsible for issuing permits to solid waste facilities.  Solid waste handling facilities are facilities that manage the storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes.  This includes the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes, or the conversion of the energy in solid wastes.  These facilities include landfills which are disposal facilities or part of facilities at which solid waste is placed and is not a land treatment.

In issuing permits, the JHD must determine if a solid waste facility meets local health and zoning requirements, the local solid waste management plan, and all applicable state and federal solid waste laws and regulations.  These permits must be renewed at least every five years.  A JHD may hold a public hearing prior to making a permit decision and must approve or disapprove a permit renewal within 45 days of conducting its review. 

Permits and Enforcement.

Applications for permits to operate a new or modified solid waste handling facility are submitted to the JHD.  The application is on forms prescribed by Ecology and contains:

• a description of the proposed facilities and operations at the site;
• plans for any new or modified facilities; and
• other information the JHD needs to determine if the facilities will comply with all applicable laws and regulations and conforms with all zoning requirements, and the comprehensive solid waste management plan. 

The JHD issues the permit once it determines the application meets all applicable requirements. 

Upon receiving the application, the JHD provides a copy of the application to Ecology.  Within 30 days of when the JHD issues a permit, Ecology reviews the application to ensure the facility conforms with all applicable laws and regulations and the comprehensive solid waste management plan.  Ecology may appeal the issuance of a permit by the JHD to the Pollutions Control Hearings Board (PCHB) for noncompliance.  The JHD may suspend any permit issued for a solid waste disposal site, if the JHD determines that the site or facilities on the site are being operated in violation of any applicable solid waste management laws or regulations or any local laws or regulations.

Pollution Control Hearings Board.

The PCHB is an appeals board with jurisdiction to hear appeals of certain decisions, orders, and penalties issued by Ecology and several other state agencies.  Parties aggrieved by a PCHB decision may obtain subsequent judicial review.  Penalties appealable to the PCHB must generally be imposed following standard general protocols, including that the penalty must be accompanied by a notice in writing describing the violation, and specifying when the penalty must be appealed or else becomes due and payable.  With some exceptions, penalties that are appealable to the PCHB are credited to the State General Fund.

Solid Waste Permits.

Local governments have the primary responsibility for issuing the permits required by this chapter, administering the regulatory program consistent with the policy and provisions of this chapter, and imposing penalties for violations.  Ecology must review and approve every permit or renewal of a permit for landfilling prior to issuance or renewal by the JHD.  Ecology may require a JHD to amend a proposed landfill permit to ensure conformance with applicable laws and regulations.  After August 1, 2027, all permits for landfilling must be approved by Ecology to be valid.

Both the JHD and Ecology may suspend a permit for a solid waste disposal site if either determines that the site or the facility are being operated in violation of any applicable solid waste management laws or regulations.  An applicant or permittee must allow the JHD and Ecology to conduct inspections and collect samples.

Solid Waste Enforcement.

Ecology may take enforcement action if a JHD sends written notice to Ecology that it is deferring to Ecology's authority to take enforcement action or Ecology determines that a JHD's enforcement action is inadequate to address violations by a solid waste handling facility operator.

If the JHD initiates an enforcement action within 30 calendar days of the JHD's receipt of Ecology's notice of intent to enforce and Ecology and the JHD agree such action will adequately address the violations, Ecology must hold its enforcement action in abeyance if the violation does not present an immediate and substantial endangerment to human health or the environment.

If Ecology determines that a JHD enforcement action is inadequate and that it will take enforcement action, Ecology must provide written notice of its intent to enforce to the JHD and to the solid waste handling facility operator.  Ecology's notice of intent to enforce must be provided at least 30 calendar days prior to issuing a penalty or order unless the violation presents an immediate and substantial endangerment to human health or the environment.  Ecology's notice of intent to enforce must include:

• identification of the alleged violations of the statute, regulation, or rule that are the basis for Ecology's enforcement action and the number of alleged violations;
• a description of Ecology's process that led to its determination that such violations existed;
• which criteria apply;
• the proposed start date and any end date of Ecology's enforcement action; and
• the proposed geographical boundaries of solid waste handling facilities at which the enforcement action is planned.

A JHD's enforcement action is inadequate if the JHD fails to:

• conduct an inspection to verify a reported, credible alleged violation within 45 calendar days after receiving notification of the violation;
• issue a notice of violation or corrective action order within 60 calendar days after observing a violation during an inspection or on-site visit;
• take any enforcement action as authorized under this chapter within 90 calendar days after issuing a notice of violation; or
• make substantial progress toward resolution for more than 180 days after initiating an enforcement action.

Sharing of Information.  Upon receipt of an order by the JHD or Ecology, a solid waste handling facility owner or operator must provide information necessary to determine compliance with the requirements for solid waste handling facilities.  A JHD must notify Ecology of the dates and official communications of the following with respect to a solid waste handling facility operator:

• receipt of a reported, credible alleged violation;
• observation of a violation during an inspection or on-site visit;
• notice of a violation or corrective action that was sent by the JHD to a solid waste handling operator;
• any enforcement action taken by the JHD; and
• any activities by the solid waste handling facility operator that constitute resolution or progress toward resolution of violations.

Solid Waste Penalties and Appeals.
For violations of solid waste management requirements, both the JHD and Ecology may:

• impose a civil penalty of up to $5,000 per day, and up to $10,000 per day after 14 days, of operation of a solid waste handling facility in violation of the requirements of local or state solid waste management requirements or the permit issued; and
• issue an order requiring compliance by a solid waste handling facility.

Penalties imposed by a JHD must be paid to the local treasury in an account used for the expenses incurred by the JHD.  Penalties imposed by Ecology must be deposited in the Model Toxics Control Operating Account.  Any person who is issued an order or incurs a penalty from a JHD may appeal the penalty to the local health officer.  Any person who is issued an order or incurs a penalty from Ecology may appeal such order or penalty to the PCHB.

A JHD or permit applicant may appeal Ecology's denial or amendment of a landfill permit to the PCHB.