WSR 14-23-051 EMERGENCY RULES DEPARTMENT OF AGRICULTURE [Filed November 14, 2014, 3:28 p.m., effective November 14, 2014, 3:28 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: This rule-making order establishes a special permit to allow transportation and distribution of solid waste for disposal at a solid waste landfill or disposal facility in the apple maggot and plum curculio pest-free area from the area under quarantine.
Statutory Authority for Adoption: RCW 17.24.011, 17.24.041.
Other Authority: Chapter 34.05 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The agency had been working with the solid waste industry and other stakeholders regarding reissuance of a special permit under WAC 16-470-130 when it determined that section applied only to special permits for transport of fresh fruit. Without the emergency adoption of a rule allowing issuance of special permits for transport of solid waste to solid waste disposal facilities in the pest-free area, the affected industry stakeholder(s) would lack alternatives to properly dispose of existing waste, creating storage and disposal back-ups with potential health risks and financial risks to the municipal corporations dependent on their contractors to properly and timely dispose of the waste.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: November 14, 2014.
Mark Streuli
Deputy Director
NEW SECTION
WAC 16-470-124 Special permits for solid waste transport and distribution.
The director may issue special permits admitting, or allowing transportation and distribution of solid waste for disposal at a solid waste landfill or disposal facility in the pest-free area from the area under quarantine established under WAC 16-470-101, subject to conditions and provisions which the director may prescribe to prevent introduction, escape or spread of the quarantined pests. For purposes of this section "solid waste" and "solid waste landfill or disposal facility" refer to solid waste and solid waste facilities regulated under chapter 70.95 RCW and chapter 173-350 WAC by the Washington State Department of Ecology.
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