Loading (50 kb)...'
(continued)
(l) Geologic cross sections.
(3) Ground water monitoring - System design.
(a) The ground water monitoring system design and report shall be submitted with the permit application and shall meet the following criteria:
(i) A sufficient number of monitoring wells shall be installed at appropriate locations and depths to yield representative ground water samples from those hydrostratigraphic units which have been identified in the site characterization as the earliest potential contaminant flowpaths;
(ii) Represent the quality of ground water at the point of compliance, and include at a minimum:
(A) A ground water flow path analysis which supports why the chosen hydrostratigraphic unit is capable of providing an early warning detection of any ground water contamination.
(B) Documentation and calculations of all of the following information:
(I) Hydrostratigraphic unit thickness including confining units and transmissive units;
(II) Vertical and horizontal ground water flow directions including seasonal, man-made, or other short-term fluctuations in ground water flow;
(III) Stratigraphy and lithology;
(IV) Hydraulic conductivity; and
(V) Porosity and effective porosity.
(b) Upgradient monitoring wells (background wells) shall meet the following performance criteria:
(i) Shall be installed in ground water that has not been affected by leakage from a landfill unit; or
(ii) If hydrogeologic conditions do not allow for the determination of an upgradient monitoring well, then sampling at other monitoring wells which provide representative background ground water quality may be allowed.
(c) Downgradient monitoring wells (compliance wells) shall meet the following performance criteria:
(i) Represent the quality of ground water at the point of compliance;
(ii) Be installed as close as practical to the point of compliance;
(iii) When physical obstacles preclude installation of ground water monitoring wells at the relevant point of compliance at the landfill unit or solid waste facility, the downgradient monitoring system may be installed at the closest practical distance hydraulically downgradient from the relevant point of compliance that ensures detection of ground water contamination in the chosen hydrostratigraphic unit.
(d) All monitoring wells shall be constructed in accordance with chapter 173-160 WAC, Minimum standards for construction and maintenance of wells, and chapter 173-162 WAC, Regulation and licensing of well contractors and operators.
(e) The owner or operator shall notify the jurisdictional health department and the department of any proposed changes to the design, installation, development, and decommission of any monitoring wells, piezometers, and other measurement, sampling, and analytical devices. Proposed changes shall not be implemented prior to the jurisdictional health department's written approval. Upon completing changes, all documentation, including date of change, new monitoring well location maps, boring logs, and monitoring well diagrams, shall be submitted to the jurisdictional health department and shall be placed in the operating record.
(f) All monitoring wells, piezometers, and other measurement, sampling, and analytical devices shall be operated and maintained so that they perform to design specifications throughout the life of the monitoring program.
(4) Ground water monitoring - Sampling and analysis plan.
(a) The ground water monitoring program shall include consistent sampling and analysis procedures that are designed to provide monitoring results that are representative of ground water quality at the upgradient and downgradient monitoring wells. In addition to monitoring wells, facilities with hydraulic gradient control and/or leak detection systems will provide representative ground water samples from those systems. The owner or operator shall submit a compliance sampling and analysis plan as part of the permit application. The plan shall include procedures and techniques for:
(i) Sample collection and handling;
(ii) Sample preservation and shipment;
(iii) Analytical procedures;
(iv) Chain-of-custody control;
(v) Quality assurance and quality control;
(vi) Decontamination of drilling and sampling equipment;
(vii) Procedures to ensure employee health and safety during well installation and monitoring; and
(viii) Well operation and maintenance procedures.
(b) Facilities collecting leachate shall include leachate sampling and analysis as part of compliance monitoring.
(c) The ground water monitoring program shall include sampling and analytical methods that are appropriate for ground water samples. The sampling and analytical methods shall provide sufficient sensitivity, precision, selectivity and limited bias such that changes in ground water quality can be detected and quantified. All samples shall be sent to an accredited laboratory for analyses in accordance with chapter 173-50 WAC, Accreditation of environmental laboratories.
(d) Ground water elevations shall be measured in each monitoring well immediately prior to purging, each time ground water is sampled. The owner or operator shall determine the rate and direction of ground water flow each time ground water is sampled. All ground water elevations shall be determined by a method that ensures measurement to the one hundredth of a foot (3 mm) relative to the top of the well casing.
(e) Ground water elevations in wells that monitor the same landfill unit shall be measured within a period of time short enough to avoid any ground water fluctuations which could preclude the accurate determination of ground water flow rate and direction.
(f) The owner or operator shall establish background ground water quality in each upgradient and downgradient monitoring well. Background ground water quality shall be based upon a minimum of eight independent samples. Samples shall be collected for each monitoring well and shall be analyzed for parameters required in the permit for the first year of ground water monitoring. Each independent sampling event shall be no less than one month after the previous sampling event.
(g) Ground water quality shall be determined at each monitoring well at least quarterly during the active life of the solid waste facility, including closure and the post-closure period. More frequent monitoring may be required to protect downgradient water supply wells. Ground water monitoring shall begin after background ground water quality has been established. The owner or operator may propose an alternate ground water monitoring frequency. Ground water monitoring frequency must be no less than semiannually. The owner or operator must apply for a permit modification or must apply during the renewal process for changes in ground water monitoring frequency making a demonstration based on the following information:
(i) A characterization of the hydrostratigraphic unit(s) including the unsaturated zone, transmissive and confining units and include the following:
(A) Hydraulic conductivity; and
(B) Ground water flow rates;
(ii) Minimum distance between upgradient edge of the solid waste handling unit and downgradient monitoring wells (minimum distance of travel); and
(iii) Contaminant fate and transport characteristics.
(h) All facilities shall test for the following parameters:
(i) Field parameters:
(A) pH;
(B) Specific conductance;
(C) Temperature;
(D) Static water level;
(ii) Geochemical indicator parameters:
(A) Alkalinity (as Ca CO3);
(B) Bicarbonate (HCO3);
(C) Calcium (Ca);
(D) Chloride (Cl);
(E) Iron (Fe);
(F) Magnesium (Mg);
(G) Manganese (Mn);
(H) Nitrate(NO3);
(I) Sodium (Na);
(J) Sulfate (SO4);
(iii) Leachate indicators:
(A) Ammonia (NH3-N);
(B) Total organic carbon (TOC);
(C) Total dissolved solids (TDS).
(i) Based upon the site specific waste profile and also the leachate characteristics for lined facilities, the owner or operator shall propose additional constituents to include in the monitoring program. The jurisdictional health department shall specify the additional constituents in the solid waste permit.
(j) Testing shall be performed in accordance with "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA Publication SW-846, or other testing methods approved by the jurisdictional health department.
(k) Maximum contaminant levels (MCL) for ground water are those specified in chapter 173-200 WAC, Water quality standards for ground waters of the state of Washington.
(5) Ground water monitoring - Data analysis, notification and reporting.
(a) The results of monitoring well sample analyses as required by subsection (4)(h) and (i) of this section shall be evaluated using an appropriate statistical procedure(s), as approved by the jurisdictional health department during the permitting process, to determine if a significant increase over background has occurred. The statistical procedure(s) used shall be proposed in the sampling and analysis plan and be designed specifically for the intended site, or prescriptive statistical procedures from appropriate state and federal guidance may be used.
(b) If statistical analyses determine a significant increase over background:
(i) The owner or operator shall:
(A) Notify the jurisdictional health department and the department of this finding within thirty days of receipt of the sampling data. The notification shall indicate what parameters or constituents have shown statistically significant increases;
(B) Immediately resample the ground water for the parameter(s) showing statistically significant increase in the monitoring well(s) where the statistically significant increase has occurred;
(C) Establish a ground water protection standard using the ground water quality criteria of chapter 173-200 WAC, Water quality standards for ground waters of the state of Washington. Constituents for which the background concentration level is higher than the protection standard, the owner or operator shall use background concentration for constituents established in the facility's monitoring record.
(ii) The owner or operator may demonstrate that a source other than a landfill unit or solid waste facility caused the contamination, or the statistically significant increase resulted from error in sampling, analyses, statistical evaluation, or natural variation in ground water quality. If such a demonstration cannot be made and the concentrations or levels of the constituents:
(A) Meet the criteria established by chapter 173-200 WAC, Water quality standards for ground waters of the state of Washington, the owner or operator shall:
(I) Assess and evaluate sources of contamination; and
(II) Implement remedial measures in consultation with the jurisdictional health department and the department.
(B) Exceed the criteria established by chapter 173-200 WAC, Water quality standards for ground waters of the state of Washington, the owner or operator shall:
(I) Characterize the chemical composition of the release and the contaminant fate and transport characteristics by installing additional monitoring wells;
(II) Assess and, if necessary, implement appropriate intermediate measures to remedy the release. The measures shall be approved by the jurisdictional health department and the department; and
(III) Evaluate, select, and implement remedial measures as required by chapter 173-340 WAC, the Model Toxics Control Act cleanup regulation, where applicable. The roles of the jurisdictional health department and the department in remedial action are further defined by WAC 173-350-900.
(c) The owner or operator shall submit a copy of an annual report to the jurisdictional health department and the department by April 1st of each year. The jurisdictional health department may require more frequent reporting based on the results of ground water monitoring. The annual report shall summarize and interpret the following information:
(i) All ground water monitoring data, including laboratory and field data for the sampling periods;
(ii) Statistical results and/or any statistical trends including any findings of any statistical increases for the year and time/concentration series plots;
(iii) A summary of concentrations above the maximum contaminant levels of chapter 173-200 WAC;
(iv) Static water level readings for each monitoring well for each sampling event;
(v) Potentiometric surface elevation maps depicting ground water flow rate and direction for each sampling event, noting any trends or changes during the year;
(vi) Geochemical evaluation including cation-anion balancing and trilinear and/or stiff diagraming for each sampling event noting any changes or trends in water chemistry for each well during the year; and
(vii) Leachate analyses where appropriate for each sampling event.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-500, filed 1/10/03, effective 2/10/03.]
--------------------------------------------------------------------------------
173-350-600
Financial assurance requirements.
(1) Financial assurance requirements - Applicability. This section is applicable to:
(a) Waste tires storage facilities regulated under WAC 173-350-350;
(b) Moderate risk waste facilities regulated under WAC 173-350-360; and
(c) Limited purpose landfills regulated under WAC 173-350-400.
(2) Financial assurance requirements - Definitions. For the purposes of this section, the following definitions apply:
(a) Public facility means a publicly or privately owned facility that accepts solid waste generated by other persons.
(b) Private facility means a privately owned facility maintained on private property solely for the purpose of managing waste generated by the entity owning the site.
(3) Financial assurance requirements - Instrument options. Financial assurance options are available, based on facility type as defined in WAC 173-350-600(2), ownership and permittee. Contents of all instruments must be acceptable to the jurisdictional health department. The following instrument options exist:
(a) Reserve accounts that are managed as either:
(i) Cash and investments accumulated and restricted for activities identified in the closure or post-closure plans, with the equivalent amount of fund balance reserved in the fund; or
(ii) Cash and investments held in a nonexpendable trust fund.
(b) Trust funds to receive, manage and disburse funds for activities identified in the approved closure and post-closure plans. Trust funds shall be established with an entity that has authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
(c) Surety bond(s) issued by a surety company listed as acceptable in Circular 570 of the United States Treasury Department. A standby trust fund for closure or post-closure shall also be established by the owner or operator to receive any funds that may be paid by the operator or surety company. The surety shall become liable for the bond obligation if the owner or operator fails to perform as guaranteed by the bond. The surety may not cancel the bond until at least one hundred twenty days after the owner or operator, the jurisdictional health department and the department have received notice of cancellation. If the owner or operator has not provided alternate financial assurance acceptable under this section within ninety days of the cancellation notice, the surety shall pay the amount of the bond into the standby closure or post-closure trust account. The following types of surety bonds are options:
(i) Surety bond; or
(ii) Surety bond guaranteeing that the owner or operator will perform final closure or post-closure activities.
(d) Irrevocable letter of credit issued by an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency. Standby trust funds for closure and post-closure shall also be established by the owner or operator to receive any funds deposited by the issuing institution resulting from a draw on the letter of credit. The letter of credit shall be irrevocable and issued for a period of at least one year, and renewed annually, unless the issuing institution notifies the owner or operator, the jurisdictional health department and the department at least one hundred twenty days before the current expiration date. If the owner or operator fails to perform activities according to the closure or post-closure plan and permit requirements, or if the owner or operator fails to provide alternate financial assurance acceptable to the jurisdictional health department within ninety days after notification that the letter of credit will not be extended, the jurisdictional health department may require that the financial institution provide the funds from the letter of credit to the jurisdictional health department to be used to complete the required closure and post-closure activities;
(e) Insurance policies issued by an insurer who is licensed to transact the business of insurance or is eligible as an excess or surplus line insurer in one or more states, the content of which:
(i) Guarantees that the funds will be available to complete those activities identified in the approved closure or post-closure plans;
(ii) Guarantees that the insurer will be responsible for paying out funds for those activities;
(iii) Provides that the insurance is automatically renewable and that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium;
(iv) Provides that if there is a failure to pay the premium, the insurer may not terminate the policy until at least one hundred twenty days after the notice of cancellation has been received by the owner or operator, the jurisdictional health department and the department;
(v) Provides that termination of the policy may not occur and the policy shall remain in full force and effect if:
(A) The jurisdictional health department determines the facility has been abandoned;
(B) Closure has been ordered by the jurisdictional health department or a court of competent jurisdiction;
(C) The owner or operator has been named as debtor in a voluntary or involuntary proceeding under Title 11 U.S.C., Bankruptcy; or
(D) The premium due is paid;
(vi) The owner or operator is required to maintain the policy in full force and until an alternative financial assurance guarantee is provided or when the jurisdictional health department has verified that closure, and/or post-closure, as appropriate, have been completed in accordance with the approved closure or post-closure plan;
(vii) For purposes of this rule, "captive" insurance companies as defined in WAC 173-350-100, are not an acceptable insurance company.
(f) Financial Test/corporate guarantee allows for a private corporation meeting the financial test to provide a corporate guarantee those activities identified in the closure and post-closure plans will be completed.
(i) To qualify, a private corporation owner or operator shall meet the criteria of either option A or B:
(A) Option A - to pass the financial test under this option the private corporation shall have:
(I) Two of the following three ratios: A ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; or a ratio of current assets to current liabilities greater than 1.5;
(II) Net working capital and tangible net worth each at least six times the sum of the current closure and post-closure cost estimates;
(III) Tangible net worth of at least ten million dollars; and
(IV) Assets in the United States amounting to at least ninety percent of its total assets or at least six times the sum of the current closure and post-closure cost estimates.
(B) Option B - to pass this alternative financial test, the private corporation shall have:
(I) A current rating of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's;
(II) Tangible net worth at least six times the sum of the current closure and post-closure cost estimates;
(III) Tangible net worth of at least ten million dollars; and
(IV) Assets in the United States amounting to at least ninety percent of its total assets or at least six times the sum of the current closure and post-closure cost estimates.
(ii) The owner or operator's chief financial officer shall provide a corporate guarantee that the corporation passes the financial test at the time the closure plan is filed. This corporate guarantee shall be reconfirmed annually ninety days after the end of the corporation's fiscal year by submitting to the jurisdictional health department a letter signed by the chief financial officer that:
(A) Provides the information necessary to document that the owner or operator passes the financial test;
(B) Guarantees that the funds to finance closure and post-closure activities according to the closure or post-closure plan and permit requirements are available;
(C) Guarantees that closure and post-closure activities will be completed according to the closure or post-closure plan and permit requirements;
(D) Guarantees that within thirty days if written notification is received from the jurisdictional health department that the owner or operator no longer meets the criteria of the financial test, the owner or operator shall provide an alternative form of financial assurance consistent with the requirements of this section;
(E) Guarantees that the owner or operator's chief financial officer will notify in writing the jurisdictional health department and the department within fifteen days any time that the owner or operator no longer meets the criteria of the financial test or is named as debtor in a voluntary or involuntary proceeding under Title 11 U.S.C., Bankruptcy;
(F) Acknowledges that the corporate guarantee is a binding obligation on the corporation and that the chief financial officer has the authority to bind the corporation to the guarantee;
(G) Attaches a copy of the independent certified public accountant's report on examination of the owner or operator's financial statements for the latest completed fiscal year; and
(H) Attaches a special report from the owner or operator's independent certified public accountant (CPA) stating that the CPA has reviewed the information in the letter from the owner or operator's chief financial officer and has determined that the information is true and accurate.
(iii) The jurisdictional health department may, based on a reasonable belief that the owner or operator no longer meets the criteria of the financial test, require reports of the financial condition at any time in addition to the annual report. The jurisdictional health department will specify the information required in the report. If the jurisdictional health department finds, on the basis of such reports or other information, that the owner or operator no longer meets the criteria of the financial test, the owner or operator shall provide an alternative form of financial assurance consistent with the requirements of this section, within thirty days after notification by the jurisdictional health department.
(iv) If the owner or operator fails to perform final closure and, where required, provide post-closure care of a facility covered by the guarantee in accordance with the approved closure and post-closure plans, the guarantor will be required to complete the appropriate activities.
(v) The guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator, the jurisdictional health department and the department. Cancellation may not occur, however, during the one hundred twenty days beginning on the date of receipt of the notice of cancellation by the owner or operator, the jurisdictional health department and the department.
(vi) If the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the jurisdictional health department within ninety days after receipt of a notice of cancellation of the guarantee from the guarantor, the guarantor will provide such alternative financial assurance in the name of the owner or operator.
(4) Financial assurance requirements - Eligible financial assurance instruments. The financial assurance instruments identified in subsection (3) of this section are available for use based on facility category and whether the permittee is a public or private entity as follows:
(a) For a public facility, as defined in subsection (2) of this section, when the permittee is a public entity, the following options are available:
(i) Reserve account;
(ii) Trust account;
(iii) Surety bond (payment or performance); or
(iv) Insurance;
(b) For a public facility as defined in subsection (2) of this section, where the permittee is a private entity, the following options are available:
(i) Trust account;
(ii) Surety bond (payment or performance);
(iii) Letter of credit; or
(iv) Insurance;
(c) For private facilities as defined in subsection (2) of this section, the following options are available:
(i) Trust account;
(ii) Surety bond (payment or performance);
(iii) Letter of credit;
(iv) Insurance; or
(v) Financial test/corporate guarantee.
(5) Financial assurance requirements - Cost estimate for closure. The owner or operator shall:
(a) Prepare a written closure cost estimate as part of the facility closure plan. The closure cost estimate shall:
(i) Be in current dollars and represent the cost of closing the facility;
(ii) Provide a detailed written estimate, in current dollars, of the cost of hiring a third party to close the facility at any time during the active life when the extent and manner of its operation would make closure the most expensive in accordance with the approved closure plan;
(iii) Project intervals for withdrawal of closure funds from the closure financial assurance instrument to complete the activities identified in the approved closure plan;
(iv) Not reduce by allowance for salvage value of equipment, solid waste, or the resale value of property or land;
(b) Prepare a new closure cost estimate in accordance with (a) of this subsection whenever:
(i) Changes in operating plans or facility design affect the closure plan; or
(ii) There is a change in the expected year of closure that affects the closure plan;
(c) Review the closure cost estimate by March 1st of each calendar year. The review shall be submitted to the jurisdictional health department, with a copy to the department, by April 1st of each calendar year stating that the review was completed and the findings of the review. The review will examine all factors, including inflation, involved in estimating the closure cost. Any cost changes shall be factored into a revised closure cost estimate and submit the revised cost estimate to the jurisdictional health department for review and approval. The jurisdictional health department shall evaluate each cost estimate for completeness, and may accept, or require a revision of the cost estimate in accordance with its evaluation.
(6) Financial assurance requirements - Cost estimate for post-closure. The owner or operator shall:
(a) Prepare a written post-closure cost estimate as part of the facility post-closure plan. The post-closure cost estimate shall:
(i) Be in current dollars and represent the total cost of completing post-closure activities for the facility for a twenty-year post-closure period or a time frame determined by the jurisdictional health department;
(ii) Provide a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care for the facility in compliance with the post-closure plan;
(iii) Project intervals for withdrawal of post-closure funds from the post-closure financial assurance instrument to complete the activities identified in the approved post-closure plan; and
(iv) Not reduce by allowance for salvage, value of equipment, or resale value of property or land.
(b) Prepare a new post-closure cost estimate for the remainder of the post-closure care period in accordance with (a) of this subsection, whenever a change in the post-closure plan increases or decreases the cost of post-closure care.
(c) During the operating life of the facility, the owner or operator must review the post-closure cost estimate by March 1st of each calendar year. The review will be submitted to the jurisdictional health department, with a copy to the department by April 1st of each calendar year stating that the review was completed and the finding of the review. The review shall examine all factors, including inflation, involved in estimating the post-closure cost estimate. Any changes in costs shall be factored into a revised post-closure cost estimate. The new estimate shall be submitted to the jurisdictional health department for approval. The jurisdictional health department shall evaluate each cost estimate for completeness, and may accept, or require a revision of the cost estimate in accordance with its evaluation.
(7) Financial assurance requirements - Closure/post-closure financial assurance account establishment and reporting.
(a) Closure and post-closure financial assurance funds generated shall be provided to the selected financial assurance instrument at the schedule specified in the closure and post-closure plans, such that adequate closure and post-closure funds will be generated to ensure full implementation of the approved closure and post-closure plans.
(b) The facility owner or operator with systematic deposits shall establish a procedure with the financial assurance instruments trustee for notification of nonpayment of funds to be sent to the jurisdictional health department and the department.
(c) The owner or operator shall file with the jurisdictional health department, no later than April 1st of each year, an annual audit of the financial assurance accounts established for closure and post-closure activities, and a statement of the percentage of user fees, as applicable, diverted to the financial assurance instruments, for the previous calendar year:
(i) For facilities owned and operated by municipal corporations, the financial assurance accounts shall be audited according to the audit schedule of the office of state auditor. A certification of audit completion and summary findings shall be filed with the jurisdictional health department and the department, including during each of the post-closure care years.
(ii) For facilities not owned or operated by municipal corporations:
(A) Annual audits shall be conducted by a certified public accountant licensed in the state of Washington. A certification of audit completion and summary findings shall be filed with the jurisdictional health department and the department, including during each of the post-closure care years.
(B) The audit shall also include, as applicable, calculations demonstrating the proportion of closure or post-closure, completed during the preceding year as specified in the closure and post-closure plans.
(d) Established financial assurance accounts shall not constitute an asset of the facility owner or operator.
(e) Any income accruing to the established financial assurance account(s) will be used at the owner's discretion upon approval of the jurisdictional health department.
(8) Financial assurance requirements - Fund withdrawal for closure and post-closure activities.
(a) The owner or operator will withdraw funds from the closure and/or post-closure financial assurance instrument as specified in the approved closure/post-closure plans;
(b) If the withdrawal of funds from the financial assurance instrument exceeds by more than five percent the withdrawal schedule stated in the approved closure and/or post-closure plan over the life of the permit, the closure and/or post-closure plan shall be amended.
(c) After verification by the jurisdictional health department of facility closure, excess funds remaining for closure in a financial assurance account shall be released to the facility owner or operator.
(d) After verification by the jurisdictional health department of facility post-closure, excess funds remaining for post-closure in a financial assurance account shall be released to the facility owner or operator.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 and 03-04-103 (Order 99-24 and Order 99-24A), § 173-350-600, filed 1/10/03 and 2/4/03, effective 3/7/03.]
--------------------------------------------------------------------------------
173-350-700
Permits and local ordinances.
(1) Permit required.
(a) No solid waste storage, treatment, processing, handling or disposal facility shall be maintained, established, substantially altered, expanded or improved until the person operating or owning such site has obtained a permit or permit deferral from the jurisdictional health department or a beneficial use exemption from the department pursuant to the provisions of this chapter. Facilities operating under categorical exemptions established by this chapter shall meet all the conditions of such exemptions or will be required to obtain a permit under this chapter. Persons dumping or depositing solid waste without a permit in violation of this chapter shall be subject to the penalty provisions of RCW 70.95.240.
(b) Permits issued under this chapter are not required for remedial actions performed by the state and/or in conjunction with the United States Environmental Protection Agency to implement the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), or remedial actions taken by others to comply with a state and/or federal cleanup order or consent decree.
(c) Any jurisdictional health department and the department may enter into an agreement providing for the exercise by the department of any power that is specified in the contract and that is granted to the jurisdictional health department under chapter 70.95 RCW, Solid waste management -- Reduction and recycling. However, the jurisdictional health department shall have the approval of the legislative authority or authorities it serves before entering into any such agreement with the department.
(2) Local ordinances. Each jurisdictional health department shall adopt local ordinances implementing this chapter not later than one year after the effective date of this chapter, and shall file the ordinances with the department within ninety days following local adoption. Local ordinances shall not be less stringent than this chapter, but may include additional requirements.
[Statutory Authority: Chapter 70.95 RCW. 03-03-043 (Order 99-24), § 173-350-700, filed 1/10/03, effective 2/10/03.]
--------------------------------------------------------------------------------
173-350-710
Permit application and issuance.
(1) Permit application process.
(a) Any owner or operator required to obtain a permit shall apply for a permit from the jurisdictional health department. All permit application filings shall include two copies of the application. An application shall not be considered complete by the jurisdictional health department until the information required under WAC 173-350-715 has been submitted.
(b) The jurisdictional health department may establish reasonable fees for permits, permit modifications, and renewal of permits. All permit fees collected by the health department shall be deposited in the account from which the health department's operating expenses are paid.
(c) Once the jurisdictional health department determines that an application for a permit is complete, it shall:
(i) Refer one copy to the appropriate regional office of the department for review and comment;
(ii) Investigate every application to determine whether the facilities meet all applicable laws and regulations, conform to the approved comprehensive solid waste management plan and/or the approved hazardous waste management plan, and comply with all zoning requirements; and
(d) Once the department has received a complete application for review, it shall:
(i) Ensure that the proposed site or facility conforms with all applicable laws and regulations including the minimum functional standards for solid waste handling;
(ii) Ensure that the proposed site or facility conforms to the approved comprehensive solid waste management plan and/or the approved hazardous waste management plan; and
(iii) Recommend for or against the issuance of each permit by the jurisdictional health department within forty-five days of receipt of a complete application.
(e) Application procedures for statewide beneficial use exemptions and permit deferrals are contained in WAC 173-350-200 and 173-350-710(8), respectively.
(2) Permit issuance.
(a) When the jurisdictional health department has evaluated all pertinent information, it may issue or deny a permit. Every solid waste permit application shall be approved or disapproved within ninety days after its receipt by the jurisdictional health department. Every permit issued by a jurisdictional health department shall contain specific requirements necessary for the proper operation of the permitted site or facility.
(b) Every permit issued shall be valid for a period not to exceed five years at the discretion of the jurisdictional health department.
(c) Jurisdictional health departments shall file all issued permits with the appropriate regional office of the department no more than seven days after the date of issuance.
(d) The department shall review the permit in accordance with RCW 70.95.185 and report its findings to the jurisdictional health department in writing within thirty days of permit issuance.
(e) The jurisdictional health department is authorized to issue one permit for a location where multiple solid waste handling activities occur, provided all activities meet the applicable requirements of this chapter.
(3) Permit renewals.
(a) Prior to renewing a permit, the health department shall conduct a review as it deems necessary to ensure that the solid waste handling facility or facilities located on the site continue to:
(i) Meet the solid waste handling standards of the department;
(ii) Comply with applicable local regulations; and
(iii) Conform to the approved solid waste management plan and/or the approved hazardous waste management plan.
(b) A jurisdictional health department shall approve or deny a permit renewal within forty-five days of conducting its review.
(c) Every permit renewal shall be valid for a period not to exceed five years at the discretion of the jurisdictional health department.
(d) The department shall review the renewal in accordance with RCW 70.95.190 and report its findings to the jurisdictional health department in writing.
(e) 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.
(4) Permit modifications. Any significant change to the operation, design, capacity, performance or monitoring of a permitted facility may require a modification to the permit. The following procedures shall be followed by an owner or operator prior to making any change in facility operation, design, performance or monitoring:
(a) The facility owner or operator shall consult with the jurisdictional health department regarding the need for a permit modification;
(b) The jurisdictional health department shall determine whether the proposed modification is significant. Upon such a determination, the owner or operator shall make application for a permit modification, using the process outlined in subsections (1) through (3) of this section; and
(c) If a proposed change is determined to not be significant and not require a modification to the permit, the department shall be notified.
(5) Inspections.
(a) At a minimum, annual inspections of all permitted solid waste facilities shall be performed by the jurisdictional health department, unless otherwise specified in this chapter.
(b) All facilities and sites shall be physically inspected prior to issuing a permit, permit renewal or permit modification.
(c) Any duly authorized representative of the jurisdictional health department may enter and inspect any property, premises or place at any reasonable time for the purpose of determining compliance with this chapter, and relevant laws and regulations. Findings shall be noted and kept on file. A copy of the inspection report or annual summary shall be furnished to the site operator.
(6) Permit suspension and appeals.
(a) Any permit for a solid waste handling facility shall be subject to suspension at any time the jurisdictional health department determines that the site or the solid waste handling facility is being operated in violation of this chapter.
(b) Whenever the jurisdictional health department denies a permit or suspends a permit for a solid waste handling facility, it shall:
(i) Upon request of the applicant or holder of the permit, grant a hearing on such denial or suspension within thirty days after the request;
(ii) Provide notice of the hearing to all interested parties including the county or city having jurisdiction over the site and the department; and
(iii) Within thirty days after the hearing, notify the applicant or the holder of the permit in writing of the determination and the reasons therefore. Any party aggrieved by such determination may appeal to the pollution control hearings board by filing with the board a notice of appeal within thirty days after receipt of notice of the determination of the health officer.
(c) If the jurisdictional health department denies a permit renewal or suspends a permit for an operating waste recycling facility that receives waste from more than one city or county, and the applicant or holder of the permit requests a hearing or files an appeal under this section, the permit denial or suspension shall not be effective until the completion of the appeal process under this section, unless the jurisdictional health department declares that continued operation of the waste recycling facility poses a very probable threat to human health and the environment.
(d) Procedures for appealing beneficial use exemption determinations are contained in WAC 173-350-200 (5)(g).
(7) Variances.
(a) Any person who owns or operates a solid waste handling facility subject to a solid waste permit under WAC 173-350-700, may apply to the jurisdictional health department for a variance from any section of this chapter. No variance shall be granted for requirements specific to chapter 70.95 RCW, Solid waste management -- Reduction and recycling. The application shall be accompanied by such information as the jurisdictional health department may require. The jurisdictional health department may grant such variance, but only after due notice or a public hearing if requested, if it finds that:
(i) The solid waste handling practices or location do not endanger public health, safety or the environment; and
(ii) Compliance with the section from which variance is sought would produce hardship without equal or greater benefits to the public.
(b) No variance shall be granted pursuant to this section until the jurisdictional health department has considered the relative interests of the applicant, other owners of property likely to be affected by the handling practices and the general public.
(c) Any variance or renewal shall be granted within the requirements of subsections (1) through (3) of this section and for time period and conditions consistent with the reasons therefore, and within the following limitations:
(i) If the variance is granted on the grounds that there is no practicable means known or available for the adequate prevention, abatement, or control of pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available and subject to the taking of any substitute or alternative measures that the jurisdictional health department may prescribe;
(ii) The jurisdictional health department may grant a variance conditioned by a timetable if:
(A) Compliance with this chapter will require spreading of costs over a considerable time period; and
(B) The timetable is for a period that is needed to comply with the chapter.
(d) An application for a variance, or for the renewal thereof, submitted to the jurisdictional health department shall be approved or disapproved by the jurisdictional health department within ninety days of receipt unless the applicant and the jurisdictional health department agree to a continuance.
(e) No variance shall be granted by a jurisdictional health department except with the approval and written concurrence of the department prior to action on the variance by the jurisdictional health department.
(8) Permit deferral.
(a) A jurisdictional health department may, at its discretion and with the concurrence of the department, waive the requirement that a solid waste permit be issued for a facility under this chapter by deferring to other air, water or environmental permits issued for the facility which provide an equivalent or superior level of environmental protection.
(b) The requirement to obtain a solid waste permit from the jurisdictional health department shall not be waived for any transfer station, landfill, or incinerator that receives municipal solid waste destined for final disposal.
(c) Any deferral of permitting or regulation of a solid waste facility granted by the department or a jurisdictional health department prior to June 11, 1998, shall remain valid and shall not be affected by this subsection.
(d) Any person who owns or operates an applicable solid waste handling facility subject to obtaining a solid waste permit may apply to the jurisdictional health department for permit deferral. Two copies of an application for permit deferral shall be signed by the owner or operator and submitted to the jurisdictional health department. Each application for permit deferral shall include:
(i) A description of the solid waste handling units for which the facility is requesting deferral;
(ii) A list of the other environmental permits issued for the facility;
(iii) A demonstration that identifies each requirement of this chapter and a detailed description of how the other environmental permits will provide an equivalent or superior level of environmental protection;
(iv) Evidence that the facility is in conformance with the approved comprehensive solid waste management plan and/or the approved hazardous waste management plan;
(v) Evidence of compliance with chapter 197-11 WAC, SEPA rules; and
(vi) Other information that the jurisdictional health department or the department may require.
(e) The jurisdictional health department shall notify the applicant if it elects not to waive the requirement that a solid waste permit be issued for a facility under this chapter. If the jurisdictional health department elects to proceed with permit deferral, it shall:
(i) Forward one copy of the complete application to the department for review;
(ii) Notify the permit issuing authority for the other environmental permits described in (d)(ii) of this subsection and allow an opportunity for comment; and
(iii) Determine if the proposed permit deferral provides an equivalent or superior level of environmental protection.
(f) The department shall provide a written report of its findings to the jurisdictional health department and recommend for or against the permit deferral. The department shall provide its findings within forty-five days of receipt of a complete permit deferral application or inform the jurisdictional health department as to the status with a schedule for its determination.
(g) No solid waste permit deferral shall be effective unless the department has provided written concurrence. All requirements for solid waste permitting shall remain in effect until the department has provided written concurrence. (continued)