WSR 99-22-079



[ Order 99-24-- Filed November 2, 1999, 12:08 p.m. ]

Subject of Possible Rule Making: Revise chapter 173-304 WAC, Minimum functional standards for solid waste handling, which establishes standards and requirements for the management and disposal of solid waste, other than the design, construction and operation of municipal solid waste landfills addressed by chapter 173-351 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.95 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rule was originally adopted in 1985. New approaches to waste management and related technologies have been developed in the last fourteen years. In response to federal requirements, new municipal solid waste landfill regulations have also been promulgated in a separate rule. However, references to these activities remain in chapter 173-304 WAC, creating regulatory confusion. ESSB 6203 passed by the Washington state legislature in 1998 directed Department of Ecology to develop a rule that takes specific actions to remove impediments to recycling.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Although no federal or state agencies have similar regulatory authority, the Washington State Department of Transportation, Washington State Department of Natural Resources and the United States Environmental Protection Agency will be targeted on the draft rule notification list.

Process for Developing New Rule: Agency study; and the state legislature originally directed ecology to undertake a study (ESHB 1419) of the solid waste permit system. ESSB 6203 was a direct result of study recommendations. Scoping meetings have been conducted to identify potential areas for rule revision. An external advisory committee with twenty members has been convened to provide technical staff with specific direction. A web page has been established on the Internet. Both an internal agency, stakeholder and public review period will be conducted. Possibly a usability testing procedure will be incorporated. Public workshops will also be conducted in the latter stages of rule development.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mike Hibbler, Project Manager, Washington State Department of Ecology, North 4601 Monroe, Spokane, WA 99205, (509) 456-2947,; or Brian Farmer, Rules Coordinator, Washington State Department of Ecology, North 4601 Monroe, Spokane, WA 99205, (509) 456-2947,

To be added to a notification mailing list, please contact Lynette Kuehl, Washington State Department of Ecology, North 4601 Monroe, Spokane, WA 99205, (509) 456-2947,

For information on the process to date and stakeholders involved, please visit

October 24, 1999

Cullen Stephenson

Program Manager

Washington State Code Reviser's Office