Loading (50 kb)...'
(continued)
(ii) Any person who prepares exceptional quality biosolids for application to the land and who fails to satisfy the requirements in (a)(i) of this subsection, may be required to submit a general or site specific land application plan, or both, for any or all sites where bulk exceptional quality biosolids are applied to the land, and may also be required to comply with the public notice requirements in subsection (11) of this section.
(iii) The department may require a site specific land application plan for any site where bulk exceptional quality biosolids are proposed to be applied if the plan is necessary to evaluate potential permit conditions or if the department finds there would be a strong benefit to the public from the preparation of a site specific plan.
(iv) The department may require advance notice prior to the application of bulk exceptional quality biosolids to the land. In such case the department will notify the facility in writing of the conditions requiring advance notice, the length of advance notice required, and the length of time the requirement for advance notice will remain in effect.
(b) Land application plans are required when bulk biosolids that do not meet criteria to be classified as exceptional quality are applied to the land. Except when biosolids are delivered to a beneficial use facility as provided in (g) of this subsection, facilities that propose to apply biosolids to the land that do not meet criteria to be classified as exceptional quality must either:
(i) Submit with their permit application a site specific land application plan for each site where biosolids will be applied during the life of the permit; or
(ii) Submit with their permit application a general land application plan, and at a later date prior to applying biosolids to a site, a site specific land application plan for each site where biosolids will be applied to the land;
(iii) Facilities that submit a general land application plan may also submit at the same time any available site specific land application plans for approval.
(c) All site specific land application plans must be consistent with a facility's general land application plan, if a general land application plan is required.
(d) Each site specific land application plan must provide information necessary to determine if the site is appropriate for land application of biosolids, and a description of how the site will be managed. At a minimum, site specific land application plans must address the following:
(i) In accordance with the provisions of WAC 173-308-160 (2)(b), whether or not it is known or can be determined that biosolids containing pollutants in excess of the values established in Table 3 of WAC 173-308-160 have ever been applied to the site, and if so:
(A) The date(s) when the biosolids were applied (if known);
(B) The amount of biosolids applied (if known);
(C) The concentrations of the pollutants in the biosolids (if known);
(D) The area(s) of the site to which the biosolids were applied (if known);
(ii) A discussion of the types of crops grown or expected to be grown, their intended end use (e.g., pasture grass for a feed crop, corn as a food crop), and the current distribution of crops on the site;
(iii) An explanation of how agronomic rates will be determined during the life of the site, along with any currently available calculations. Whenever agronomic rates are determined or conditions change (i.e., a change in crops or agronomic rates) an update of the agronomic rate calculations must be filed with the department;
(iv) Method(s) of application;
(v) Seasonal and daily timing of biosolids applications;
(vi) Any available data from soils, surface water, or ground water monitoring collected from the site within the last two years;
(vii) The name of the county and water resource inventory area where biosolids will be applied;
(viii) A description of how biosolids will be stored at the site and also addressing related off-site storage;
(ix) Site map(s) showing:
(A) The location and means of access to the facility;
(B) The number of acres in the site;
(C) Location and extent of any wetlands on the site;
(D) A topographic relief of the application site and surrounding area;
(E) Adjacent properties and uses and their zoning classification;
(F) Any seasonal surface water bodies located on the site or perennial surface water bodies within 1/4 mile of the site;
(G) The location of any wells within 1/4 mile of the site that are listed in public records or otherwise known to the applicant, whether for domestic, irrigation, or other purposes;
(H) The width of buffer zones to surface waters, property boundaries and other features requiring buffers;
(I) The presence and extent of any threatened or endangered species or related critical habitat;
(J) The location of any critical areas on site, as required to be identified under chapter 36.70A RCW in the county's growth management plan;
(K) The location and size of any areas that will be used to store biosolids.
(e) Except for facilities under (e)(vi) of this subsection, applicants including beneficial use facilities intending to apply biosolids to the land that do not meet criteria to be classified as exceptional quality, to sites for which a site specific land application plan is not submitted as a part of the permit application, must submit for approval as a part of their permit application, a general land application plan that at a minimum:
(i) Describes the geographical area covered by the plan, including the names of all counties and water resource inventory areas where biosolids may be applied;
(ii) Identifies site selection criteria;
(iii) Describes how sites will be managed;
(iv) Provides for not less than thirty days advance notice to the department of new or expanded land application sites, including those subject to provisional approval under subsection (17) of this section, to allow time for the department to object prior to the biosolids application; and
(v) Provides for advance public notice as required in subsection (11) of this section, and that is reasonably calculated to reach potentially interested adjacent and abutting property owners; except
(vi) A general land application plan is not required when biosolids are provided to a beneficial use facility and the requirements of (g) of this subsection are met.
(f) As individual sites are identified in accordance with the general land application plan in (6)(e) of this subsection, facilities, including beneficial use facilities applying biosolids that do not meet criteria to be classified as exceptional quality must develop and submit the information required for site specific land application plans in (d) of this subsection.
(g) When biosolids are provided to a beneficial use facility that has been permitted as a treatment works treating domestic sewage, the person who prepares the biosolids is not required to prepare a land application plan for the biosolids that will be applied to the beneficial use facility if:
(i) As a part of the permit application, the person who prepares the biosolids identifies the beneficial use facility(ies) to which biosolids may be provided, or, if specific beneficial use facilities cannot be identified, specifies the criteria by which beneficial use facilities may be selected at a future date; and
(ii) At least thirty days in advance of delivering biosolids to the beneficial use facility the person who prepares the biosolids submits to the department a certification statement, signed in accordance with the provisions of subsection (8) of this section by the person who prepares the biosolids, stipulating the following:
(A) That the applicable site specific land application plan and other management plans approved for the beneficial use facility are appropriate to the quality of biosolids being provided by the person who prepared the biosolids;
(B) That the person who prepared the biosolids has reviewed the public notice conducted by the beneficial use facility and the conditions in subsection (11)(d) of this section have been met, or additional public notice has been conducted in accordance with subsection (11) of this section;
(h) All land application plans, including those authorized under provisional approval in accordance with subsection (17) of this section, are subject to review and final approval by the department. If a land application plan is found to be insufficient, the department may either request additional information or may impose additional requirements as a condition of approval. Any additional requirements imposed under (h) of this subsection are considered to be permit requirements, fully enforceable in accordance with the provisions of this chapter and the applicable permit.
(7) Submitting permit applications and notices of intent. Facilities must submit copies of their permit application or notice of intent as follows:
(a) The original must be submitted to the biosolids coordinator at the headquarters office of the department of ecology, and one copy must be submitted to each regional office of the department of ecology where biosolids will be treated or applied to the land.
(b) Unless a local health department otherwise requests as provided in (b) of this subsection, one copy must be submitted to the local health department in each county where biosolids will be treated, stored, applied to the land, or disposed in a municipal solid waste landfill.
Local health departments that elect not to participate in the implementation of this chapter may notify the department in writing that they do not wish to receive copies of permit applications or land application plans.
(8) Signatories to permit applications, notices of intent, reports, and other documents.
(a) Applications. All permit applications must be signed as follows:
(i) For a corporation. By a responsible corporate officer. For the purpose of this chapter, a responsible corporate officer means:
(A) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation; or
(B) The manager of one or more manufacturing, production, or operating facilities employing more than two hundred fifty persons or having gross annual sales or expenditures exceeding twenty-five million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(ii) For a partnership or sole proprietorship. By a general partner or the proprietor, respectively;
(iii) For a municipality, state, federal, or other public agency. By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes:
(A) The chief executive officer of the agency; or
(B) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
(b) All reports required by permits, and other information requested by the department must be signed by a person described in (a) of this subsection, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a person described in (a) of this subsection;
(ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters; and
(iii) The written authorization is submitted to the department.
(c) Changes to authorization. If an authorization under (b) of this subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of (b) of this subsection must be submitted to the department prior to or together with any reports, information, or applications to be signed by an authorized representative.
(d) Certification. Any person signing a document under (a) or (b) of this subsection must make the following certification, unless a different certification is applicable under another related section of this chapter:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(9) Public access to information. In accordance with chapter 42.17 RCW, the department must provide, upon request, any information submitted as part of an application for an individual permit or for coverage under a general permit, except as provided in (a) of this subsection.
(a) In accordance with chapters 42.17, 43.21A, 70.105, and 90.52 RCW, the department must protect any information (other than information on the quality of biosolids) contained in applications as confidential upon a showing by any person that the information, if made public, would divulge methods or processes entitled to protection as trade secrets of the person.
(b) Any information accorded confidential status, whether or not contained in any application form, must be disclosed, upon request, to the regional administrator of EPA.
(10) Recordkeeping required for permit applications. Applicants must keep records of all information used to complete permit applications and any supplemental information submitted for a period of five years, or longer if otherwise required by this chapter, the conditions of the applicable permit, or other state or local laws;
(11) Public notice and comment period.
(a) All facilities that are applying for coverage under a general permit, facilities applying for renewal of coverage under a general permit that propose a significant change in biosolids management practices, and those applying for an individual permit or for renewal thereof, must issue public notice within each county where they will prepare biosolids for application to the land, and except as provided in (c) and (d) of this subsection, in each county where biosolids not meeting the criteria to be classified as exceptional quality will be applied to the land. Notice must be given as follows:
(i) The applicant must publish two notices, at intervals of at least one week, in a newspaper of general circulation in each county where biosolids are proposed to be applied to the land.
(ii) The applicant must mail a copy of the notice to any person or group that has notified the applicant in writing of an interest in the applicant's biosolids management activities.
(iii) For a period of at least thirty days, beginning not later than the last date of newspaper publication required in (a)(i) of this subsection, notice must be posted at all sites identified in the permit application where bulk biosolids that do not meet the standards to be classified as exceptional quality will be applied to the land;
(A) When newspaper notice is not required for new sites being proposed in accordance with an approved general land application plan per (c) of this subsection, the thirty-day notice period in (a)(iii) of this subsection begins when the direct mail notice requirement of (a)(ii) of this subsection has been met.
(B) It is a violation of these rules for any person to remove a sign posted in accordance with the requirements of (a)(iii) of this subsection during the public notice period.
(iv) Notice must be given by any other method required by the department.
(v) At the time of the initial notice, copies of the notice and an explanation of all places where and when the notice was or will be published or posted must be submitted to:
(A) The contact person in the regional or headquarters office of the department of ecology that has lead responsibility for the permit; and
(B) The local health department in each county where biosolids will be treated, stored, applied to the land, or disposed in a municipal solid waste landfill, unless the local health department has waived receipt of notification under subsection (7)(b) of this section.
(b) Notices under (a) of this subsection must contain the information in (b)(i) through (xi) of this subsection:
(i) The name and address of the facility seeking the permit or filing a notice of intent, and a contact person;
(ii) When the local health department has accepted delegation of responsibility under WAC 173-308-050, the address of the local health department and a contact person;
(iii) The address of the regional or headquarters office of the department of ecology that has lead responsibility for the permit, and a contact person;
(iv) A brief statement of the applicant's biosolids management practices for which a permit is sought or a notice of intent is being submitted;
(v) If coverage under a general permit is being sought, the name of the general permit or the name and location of the site if notice is being given for a site specific land application plan;
(vi) The statement: "Any person wishing to comment on this application or desiring to present their views regarding this application to the department of ecology or its delegated representative must do so in writing within thirty days of the last date of newspaper publication of this notice. Comments should be addressed to (insert the name and address of the person identified in (b)(vii) of this subsection)."
(vii) The person to whom comments should be addressed is the person in (b)(vii)(A) or (B) of this subsection, whichever is appropriate;
(A) When the application or notice of intent is for coverage under a general permit or for an individual permit, the person to whom comments should be directed is the department of ecology contact in (b)(iii) of this subsection.
(B) When the proposal is for a specific land application site, the person to whom comments should be directed is the department of ecology contact in (b)(iii) of this subsection, except where responsibility has been delegated to a local health department, in which case the recipient of comments should be the local health department contact in (b)(ii) of this subsection.
(viii) A statement specifying:
(A) Whether or not the permit application contains any information about current or proposed biosolids application sites;
(B) Whether or not the permit application contains a plan specifying how future application sites will be identified;
(C) If biosolids will be provided to any other facility, including a beneficial use facility; and
(D) How the public will be notified regarding the selection of future land application sites.
(ix) The time and place of any public hearing or meeting that will be held or the procedures to request one, and other procedures by which the public may participate in the final permit decision;
(x) The means by which an interested person or organization can have their name placed on a list to be maintained by the applicant for the purpose of future notification of biosolids management activities.
On written request of the person seeking to have their name added to the list of interested parties, all facilities maintaining a list of interested persons or organizations under (b)(x) of this subsection must provide written confirmation by certified mail, return receipt requested, to each interested person or organization that their name has been placed on the list.
(xi) Any additional information considered necessary or proper.
(c) Except as provided in (d) of this subsection, public notice for a new or expanded land application site that is being proposed in accordance with an approved general land application plan must be satisfied as follows:
(i) If site specific local approval is required to be obtained through integrated project review under the State Growth Management Act and the substantive notice requirements of (b) of this subsection are met, public notice for the purposes of this rule will be satisfied by compliance with the public notice requirements of the local integrated project review process;
(ii) Public notice conducted in accordance with the State Environmental Policy Act satisfies the public notice requirements of this rule for new or expanded land application sites if the substantive requirements of (b) of this subsection are met and the site is specifically identified in an environmental checklist that is available for public review and comment;
(iii) The public notice process for new or expanded land application sites not applicable under (c)(i) or (ii) of this subsection must meet the requirements of (a)(ii) through (v) and (b) of this subsection.
(d) Facilities that will provide biosolids to a permitted beneficial use facility must conduct public notice in accordance with this subsection as follows:
(i) Public notice must be given when applying for an individual permit or for coverage under a general permit;
(ii) Other than sites that are part of a beneficial use facility, public notice must be given for all new or expanded sites where biosolids not meeting the criteria to be classified as exceptional quality will be applied to the land;
(iii) Facilities that provide biosolids to a permitted beneficial use facility are not required to carry out public notice specific to the land application of biosolids at the beneficial use facility if:
(A) Public notice given for the beneficial use facility identified the facility providing the biosolids; or
(B) Public notice given for the beneficial use facility clearly stated that biosolids would be accepted from unknown sources, including sources outside of the county in which the beneficial use facility is located, as applicable.
(e) Facilities applying for individual permits must complete the public notice requirements in this subsection at the time they apply for a permit and at the time when a draft permit is provided for formal review by the department.
(12) Public hearings and meetings.
(a) The department may require an applicant to hold a public hearing or meeting when applying for coverage under a general permit, for an individual permit, or for any land application plan if it finds, on the basis of requests, a significant degree of public interest, or that a public discussion might clarify one or more aspects important to compliance with the requirements of this chapter or an applicable permit.
(b) During the public comment period provided for in subsection (11) of this section, any person may request the department to require a public hearing or meeting if none has been scheduled. Any request for a public hearing or meeting must be in writing and must state the nature of the issues proposed to be raised. The department will consider all requests that are received not later than the final comment date specified in the notice required under subsection (11)(b) of this section.
(c) Notice of hearing. If the department determines that a public hearing must be held, the applicant must give notice of a public hearing in accordance with the procedures in subsection (11)(a) and (b) of this section, except that posting of sites that are not specifically subject to the hearing is not required.
(i) The notice of hearing must contain the following information:
(A) The dates of previous public notices relating to the permit application;
(B) The date, time, and place of the hearing;
(C) A brief description of the nature and purpose of the hearing, including any rules and procedures that apply.
(ii) Copies of the notice and an explanation of all places where and when the notice was published must be submitted to:
(A) The contact person in the regional or headquarters office of the department of ecology that has lead responsibility for the permit; and
(B) Any applicable local health department that has accepted delegation of authority under WAC 173-308-050.
(d) Public hearings required under this subsection, must be held in each county where biosolids will be treated or applied to the land, unless otherwise allowed by the department.
(e) Public hearings required under this subsection must be held no sooner than thirty days after the final notice of public hearing published in accordance with subsection (11)(a)(i) of this section, and at a time and place as can be reasonably expected to be convenient to the department and interested parties.
Public hearings must be attended by a representative of the permit applicant who is authorized to respond to questions from the public and the department, and by a representative of the department.
(f) Notice conducted for public meetings is the same as that required for public hearings unless otherwise allowed by the department.
(13) Record and response to comments received.
(a) The department will maintain a record of all written comments received during the public comment period in subsection (11) of this section, and of all comments properly submitted in response to a public hearing required under subsection (12) of this section.
(b) The department will prepare a response to all relevant comments received, and will briefly describe any changes that resulted (other than editorial changes) to an individual permit or to an applicant's coverage under a general permit.
(c) The department is not obligated to consider or respond to comments or information that is received later than thirty days after the initial date of publication of public notice, or the date of a public hearing, whichever is later.
(14) Additional requirements. In addition to the requirements of this chapter, the department may impose additional requirements as part of the approval process for coverage under a general permit or as conditions of an individual permit if any of the conditions in subsection (1)(b)(i) through (iv) of this section are met.
(a) Any additional requirements imposed under this subsection are considered to be permit requirements, fully enforceable in accordance with the provisions of this chapter and the applicable permit.
(b) If known, any additional requirements must be disclosed at a public hearing if a public hearing is held, or if imposed subsequent to a public hearing, must become a part of the written record required under subsection (13)(b) of this section.
(15) Compliance schedules.
(a) A permit may specify a schedule leading to compliance with the federal Clean Water Act and these regulations. Any compliance schedule under this section must require compliance as soon as possible, but not later than any applicable statutory deadline under the Clean Water Act or chapter 70.95J RCW.
(b) Interim dates. If a permit establishes a compliance schedule that exceeds one year from the date of permit issuance, the schedule must set forth interim requirements and the date for their achievement. The time between interim dates must not exceed six months.
(c) Reporting. The permit must require that no later than fourteen days after each interim date and the final date of compliance, the permittee must notify the department in writing of its compliance or noncompliance with the interim or final requirements.
(16) Fact sheet required for individual permits.
(a) The department must prepare a fact sheet for every draft individual permit for a class I biosolids management facility, for every draft individual permit requiring permit conditions developed on a case-by-case basis to implement section 405(d)(4) of the Clean Water Act, for every draft individual permit that includes a general land application plan under subsection (6)(b)(iii) of this section, and for every draft individual permit that the director finds is the subject of widespread public interest or raises major issues. The fact sheet must briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The director must send this fact sheet to the applicant and, on request, to any other person.
(b) The fact sheet must include:
(i) A brief description of the type of facility or activity that is the subject of the draft permit;
(ii) Any calculations or other necessary explanation of the derivation of conditions for biosolids use and disposal, including a citation to the applicable standards for biosolids use or disposal and reasons why they are applicable, or in the case of conditions developed on a case-by-case basis to implement section 405 (d)(4) of the Clean Water Act, an explanation of, and the bases for the conditions; and
(iii) For permits that include a general land application plan under subsection (6)(b)(iii) of this section, a brief description of how each of the required elements of the land application plan is addressed in the permit.
(17) Approval of coverage. After reviewing an application for an individual permit or for coverage under a general permit, and considering other pertinent information including any testimony received during a public hearing or meeting, or written comments submitted in response to a public notice, the department may approve coverage under a general permit or issue an individual permit.
(a) If coverage under a general permit is approved or an individual permit is issued, the department will notify the applicant in writing, conveying a final copy of the issued permit including any additional requirements or stipulations that are imposed as a condition of coverage under a general permit.
(b) If an application for an individual permit or for coverage under a general permit is disapproved, the department will notify the applicant in writing, including an explanation of why coverage was disapproved.
(c) On and after the effective date of this chapter, if there are no significant changes to biosolids management practices at an existing site, a facility may continue to apply biosolids to sites that were permitted by the local health department before the effective date of this chapter, in accordance with the requirements of the local health department, the applicable general permit, and this chapter, unless the department objects in writing.
(i) Facilities applicable under (c) of this subsection that have submitted a notice of intent to be covered or have been notified that they are covered under a general permit, and those that have applied for coverage under a general permit, are provisionally approved for coverage under an applicable general permit to apply biosolids to existing sites as permitted by the local health department and in accordance with the requirements of the applicable general permit and this chapter.
(ii) A beneficial use facility may not obtain provisional approval for coverage under a general permit, but may obtain provisional approval for existing land application sites after being permitted as a beneficial use facility.
(d) Except for provisionally approved facilities under this subitem (d), a facility may not engage in new biosolids management practices or implement significant changes to biosolids management practices at existing sites, or apply biosolids to new or expanded sites until all applicable requirements of this section including those for public notice, and public hearings or meetings, have been satisfied.
Facilities that have submitted a notice of intent or that have been notified of coverage under a general permit, or that have applied for coverage under a general permit, are provisionally approved for coverage under an applicable general permit to apply biosolids to sites consistent with the applicable requirements of this chapter and the applicable general permit and as approved by the local health department, if the public notice requirements under subsection (11) of this section have been fulfilled, and no request for a public hearing has been made or the department has denied the request, and all comments received have been resolved to the satisfaction of the local health department;
(e) Facilities with provisional approval are subject to further review and permitting requirements at a later date, and are subject at all times to all applicable conditions of this chapter and the applicable general permit.
(f) In no case may a lack of action by the department be construed as relieving an applicant of the obligation to comply with any of the provisions of this chapter or an applicable general permit, or as approving final use or disposal practices that are not consistent with the provisions of this chapter or an applicable general permit, or that pose a threat to human health or the environment.
(18) Prohibition. The department may not issue a permit when the Regional Administrator of EPA has objected in writing under 40 CFR 123.44.
(19) Duration of permits.
(a) Permits are issued for fixed terms, up to but not exceeding five years from the effective date of the permit.
(i) Coverage under a general permit may be issued for a period up to the remaining term of issuance for the permit.
(b) The term of a permit may not be extended by modification beyond five years.
(20) Transfer of permit coverage.
(a) Except as provided in (b) of this subsection, a permit may be transferred by the permittee to a new owner operator only if the permit has been modified or revoked and reissued to identify the new permittee and incorporate other requirements as may be necessary to assure compliance with the requirements of this chapter.
(b) Coverage under a permit is automatically transferred from the old permittee to a new permittee, on the date agreed to, if:
(i) A written, signed agreement, between the old and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability is submitted in accordance with the requirements of subsection (7) of this section at least thirty days in advance of the proposed date of transfer; and
(ii) The department has not notified both permittees of any objection to the transfer, or of the intent to revoke coverage under the general permit.
(c) No condition or requirement of a permit or this chapter may be waived by the transfer of permit coverage from one party to another.
(21) Modification or revocation and reissuance of individual permits and modification of conditions of coverage under a general permit.
(a) When the department receives any information (for example, upon inspection of a facility, receipt of information submitted by the permittee as required in the permit, receipt of a request for modification or revocation and reissuance, or upon a review of the permit file), the department may determine whether or not one or more of the causes listed in (b) or (c) of this subsection for modification or revocation and reissuance, or both, exist.
(i) If cause for modification or revocation and reissuance, or both, exists, the department may modify or revoke and reissue an individual permit, or modify conditions of coverage or revoke and reissue coverage under a general permit, and may request an updated application if necessary.
(ii) When an individual permit or conditions for coverage under a general permit is/are modified, only the conditions subject to modification are reopened.
(iii) If an individual permit or authorization for coverage under a general permit is revoked and reissued, the entire individual permit or consideration of coverage under a general permit is reopened and subject to revision, and the individual permit or coverage under the general permit may be reissued for a new term.
(iv) If cause does not exist under this section, the department may not modify or revoke and reissue an individual permit or conditions of coverage under a general permit.
(b) Causes for modification. The following are causes for modification but not revocation and reissuance of individual permits or authorization of coverage under a general permit except when the permittee requests or agrees.
(i) Alterations. There are material and substantial alterations or additions to the permitted facility or activity that occurred after permit issuance that justify the application of permit conditions that are different from or absent in the existing permit.
(ii) Information. The department has received new information. Individual permits or authorization of coverage under a general permit may be modified during their terms for this cause only if the information was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance.
(iii) New regulations. New regulations have been adopted or the standards or regulations on which the permit was based have been changed by adoption of amended standards or regulations or by judicial decision after the permit was issued.
(iv) Compliance schedules. The department determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonable available remedy. However, in no case may a compliance schedule be modified to extend beyond an applicable Clean Water Act statutory deadline.
(v) Land application plans. When required by a permit condition to incorporate a general land application plan for beneficial use of biosolids, to revise a general land application plan, or to add a general land application plan.
(c) The following are causes to modify or alternatively, revoke and reissue, an individual permit or the conditions for coverage under a general permit.
(i) Cause exists for termination under subsection (22) of this section and the department determines that modification or revocation and reissuance is appropriate.
(ii) The department has received notification of a proposed transfer of the permit.
(d) When an individual permit or coverage under a general permit is modified or revoked and reissued, the public notice requirements of subsection (11) of this section, and if required the public hearing requirements of subsection (12) of this section must be complied with for the reopened conditions or reissued permit.
(22) Termination of permits. The following are causes for terminating an individual permit or coverage under a general permit during its term, or for denying a permit renewal application:
(a) Noncompliance by the permittee with any condition of the permit;
(b) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;
(c) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or
(d) A change in any condition that requires either a temporary or a permanent reduction or elimination of any activity controlled by the permit.
(23) Enforcement. Any violation of this chapter or any permit issued under this chapter, may be subject to the enforcement provisions of applicable law, including chapters 70.95 and 70.95J RCW.
(24) Appeals. Any person aggrieved by a decision of the department made in accordance with provisions of this chapter may appeal that decision only as provided by applicable law, including chapters 43.21B RCW and 34.05 RCW.
(25) Requirement to coordinate permitting with delegated local health departments. When a local health department has received delegation to administer any portion of, or to carry out any activity required under this chapter, all facilities subject to permitting under this chapter must cooperate with the department and the local health department by coordinating permitting activities so as to assure an opportunity for local health department involvement consistent with the terms of the delegation agreement.
[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-310, filed 2/18/98, effective 3/21/98.]
--------------------------------------------------------------------------------
173-308-320
Permit fees.
(1) All facilities that are required to obtain a permit under this section must pay an annual biosolids permit fee to the department of ecology.
(2) Biosolids permit fees are assessed prospectively on an annual basis and apply regardless of the date of issuance of a permit.
(3) Biosolids permit fees are assessed and collected for fiscal years and are due and payable within forty-five days after the department mails a billing statement.
(a) Failure to pay a permit fee is cause for denial of coverage under a permit or revocation of existing coverage. Fees are considered delinquent if they are not received by the first invoice billing due date. Permit holders will be notified by certified letter and have thirty days to bring their account up-to-date before further action is taken by the department.
(b) The department may at its discretion mail partial billing statements two or more times per year, in which case a facility is responsible only for the amount reflected on the current (and any past due) billing statement.
(c) Receiving-only facilities, centralized septage treatment facilities, and persons who apply septage to the land that determine a residential equivalent value under subsection (4)(b) or (c) of this section may submit periodic payments as provided in (c)(i), (ii), and (iii) of this subsection, based on the actual level of service, provided that they submit a letter to the department indicating their intent to do so.
(i) Facilities under (c) of this subsection must submit a quarterly payment and statement of actual service level within ten days of the end of each quarter (not later than the 10th day of March, June, September, and December of each year), except as provided in (c)(ii) or (iii) of this subsection.
(ii) Facilities under (c) of this subsection that estimate and provide a level of service less than three hundred residential equivalents per year are subject to a fee of $0.00 per residential equivalent and are not required to submit periodic payments, but must submit a statement of actual service level at least once per year.
(iii) Facilities under (c) of this subsection that calculate an annual residential equivalent value equal to or greater than three hundred residential equivalents per year may withhold a payment for any quarter where the total amount due is less than fifty dollars, provided a statement of the actual service level is submitted and that all accounts are brought up-to-date by July 10th of each year.
(4) The permit fee schedule is based on the number of residences or residential equivalents (residential equivalent value) contributing to a permittee's biosolids management system, and incorporates the annual fiscal growth factor calculated under chapter 43.135 RCW.
(a) For facilities with NPDES permits issued under chapter 173-220 WAC or state waste discharge permits issued under chapter 173-216 WAC, the department will use residential equivalent values determined under chapter 173-224 WAC.
(b) The residential equivalent value for receiving-only facilities other than septage facilities in (c) of this subsection is the sum of the fraction of residential equivalent values contributed from all sources, as determined by considering the portion of the current annual biosolids production of each originating source that is provided to the receiving facility.
A receiving-only facility must determine an estimated residential equivalent value based on projected capacity as detailed in the permit application submitted under WAC 173-308-310 and the method described in (b) of this subsection.
(c) For centralized septage treatment facilities and persons who apply septage to the land, 1,250 gallons of septage received for treatment or applied to the land is equal to one residential equivalent as shown in Equation (4).
REV
= Gallons of septage received or applied to the land Equation (4)
1,250 Gallons per Residental Equivalent
A centralized septage treatment facility and a person who applies septage to the land must determine an estimated residential equivalent value based on projected capacity as detailed in the permit application submitted under WAC 173-308-310 and the method described in (c) of this subsection.
(d) Equation (5) below is used to calculate permit fees:
Permit Fee = (REV x Cost per RE FGF) where: Equation (5)
(i) REV = residential equivalent value.
(ii) FGF = An annual fiscal growth factor expressed as a percentage, as determined under chapter 43.135 RCW.
(iii) Cost per REFGF = cost per residential equivalent in dollars including a fiscal growth factor. The cost per REFGF is obtained by multiplying the cost per residential equivalent in the preceding year by the current year's fiscal growth factor as follows in (6):
Cost per REFGF = Previous year's cost per RE x [1 (FGF)] Equation (6)
For implementation of the fiscal growth factor, the base year for all biosolids permit fees will be fiscal year 1998, ending June 30, 1998. In the base year, the FGF will be zero.
(e) Unless a lower cost is specified in a permit, the cost per residential equivalent in the base year will be as follows:
(i) $0.00 per residential equivalent for any permit for any facility with a total residential equivalent value of less than 300, including those that would otherwise fall under (e)(ii) through (v) of this subsection.
(ii) $0.015 per residential equivalent for a permit authorizing municipalities that own or operate incinerators that fire municipal sewage sludge to dispose of municipal sewage sludge generated by their own facility in a municipal solid waste landfill or through another facility on an emergency basis.
(iii) $.20 per residential equivalent for permits authorizing disposal in a municipal solid waste landfill, except for facilities under (e)(ii) of this subsection.
(iv) $0.04 per residential equivalent for permits issued to receiving-only facilities as defined in WAC 173-308-080.
(v) $0.162 per residential equivalent for permits authorizing any other type of biosolids management activity, including but not limited to the following:
(A) Direct beneficial use by a treatment works treating domestic sewage;
(B) Transfer from one facility to another facility, including delivery of biosolids to an incinerator from nonincinerating jurisdictions;
(C) Prolonged treatment or storage, including lagoon systems;
(D) Treatment or land application of septage.
[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-320, filed 2/18/98, effective 3/21/98.]
Notes:
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.
--------------------------------------------------------------------------------
173-308-900
Appendix A — Procedure to determine the annual whole biosolids application rate.
When biosolids are sold or given away in a bag or other container for application to the land, and any of the pollutant concentration limits in Table 3 of WAC 173-308-160 are exceeded, the mathematical product of the concentration in the biosolids of each pollutant listed in Table 4 of WAC 173-308-160 and the annual whole biosolids application rate (AWBAR) must not cause the annual pollutant loading rate for the pollutant in Table 4 of WAC 173-308-160 to be exceeded. This appendix contains the procedure used to determine an AWBAR that does not cause the annual pollutant loading rates in Table 4 of WAC 173-308-160 to be exceeded. The relationship between the annual pollutant loading rate (APLR) for a pollutant and the annual whole biosolids application rate (AWBAR) is shown in equation (7).
APLR = C* AWBAR * 0.001 Equation (7)
Where:
APLR = Annual pollutant loading rate in kilograms per hectare per 365 day period.
C = Pollutant concentration in milligrams, per kilogram of total solids (dry weightbasis). (continued)