(1) Initial procedures.
(a) Forms and complete application. An application for any permit under this regulation must be submitted on a form prescribed by the department. In order to be determined complete:
(i) Two or more copies (as determined by the jurisdictional health department) of the application must have been signed by the owner and operator and received by the jurisdictional health department;
(ii) The application must include evidence of compliance with the State Environmental Policy Act (SEPA) rules, chapter
197-11 WAC; and
(iii) The application must include the plans, reports, and other supporting information required by this regulation.
(b) Notice. Once the jurisdictional health department determines that an application for a permit is factually complete, it shall:
(i) Refer one copy to the appropriate regional office of the department for review and comment;
(ii) For all permits except renewal, modified and transition permits give notice of its receipt of a proposed complete permit application to the public and to interested persons for public comment for thirty days after the publication date of the notice;
(iii) For all permits except renewal, modified and transition permits perform the following additional public notification requirements:
(A) Mail the notice to persons who have requested notice in writing;
(B) Mail the notice to state agencies and local governments with a regulatory interest in the proposal;
(C) Include in the public notice a statement that any person may express their views in writing to the jurisdictional health department within thirty days of the last date of publication;
(D) Mail a copy of the MSWLF permit decision to any person who has made written request for such decision; and
(E) Add the name of any person, upon request, to a mailing list to receive copies of notices for all applications, within the state or within a geographical area.
(c) Standards for approval. The jurisdictional health department shall investigate every application to determine whether the facility meets all applicable laws and regulations, conforms with the most recently adopted comprehensive solid waste management plan in effect at the time of application and complies with all zoning requirements. A land use permit or letter from the jurisdictional zoning authority shall be sufficient demonstration of compliance with zoning requirements.
(d) Fees. The jurisdictional health department may establish reasonable fees for permits and renewal of permits. All permit fees collected by the health department shall be deposited in the account from which the jurisdictional health department's operating expenses are paid.
(e) Department's findings. The department shall report to the jurisdictional health department its findings on each permit application within forty-five days of receipt of a complete application or inform the jurisdictional health department as to the status of the application and when it expects its findings will be transmitted to the jurisdictional health department. Additionally, the department shall recommend for or against the issuance of each permit by the jurisdictional health department.
(f) Permit approval. When the jurisdictional health department has evaluated all information in the public record, it shall issue or deny a permit. Every completed solid waste permit application shall be approved or disapproved within ninety days after its receipt by the jurisdictional health department or the owner or operator shall be informed as to the status of the application with a schedule for final determination.
(g) Permit format. Every permit issued by a jurisdictional health department shall be on a format prescribed by the department and shall contain specific requirements necessary for the proper operation of the facility including the requirement that final engineering plans and specifications be submitted for approval to the jurisdictional health department.
(h) Filing permits with the department. The jurisdictional health department shall mail all issued permits to the department no more than seven days after the date of issuance. The department shall review and may appeal the permit as set forth in RCW
70.95.185 and
70.95.190.
(i) Renewal procedures. The owner or operator of a facility shall apply for renewal of the MSWLF permit annually, except for that year that a permit has been or will be reissued under subsection (6) of this section. The owner or operator is authorized to continue all activities authorized under the currently expired permit, if the jurisdictional health department has not rendered a decision on renewal by the yearly renewal date of the current permit. The jurisdictional health department shall annually:
(A) Review the original application and such additional information as required in WAC
173-351-730 (3)(b) for compliance with these regulations:
(B) Collect the renewal fee if the jurisdictional health department so chooses;
(C) If the requirements of (b)(i)(A) of this subsection are met, renew the permit; and
(D) File the renewed permit with the department no more than seven days after the date of renewal. The department shall review and may appeal the renewal as set forth in RCW
70.95.185 and
70.95.190. See also reissuance under subsection (6) of this section.
(2) SEPA review. The State Environmental Policy Act (SEPA), the SEPA rules and the local SEPA rules apply to permit decisions made pursuant to this chapter.
(3) Preapplication meetings. Preapplication meetings between the jurisdictional health department and the owner or operator are encouraged to address, among other things, the development of a complete application pertaining to the owner's or operator's prospective project.
(4) Activities authorized in permits, generally.
(a) Construction. Issuance of a valid MSWLF permit entitles the permittee to construct the MSWLF unit or MSWLF units, subject to any appropriate conditions the jurisdictional health department may impose. If the facility is to be constructed in several or more MSWLF units, the initial application must contain the conceptual design for the entire facility and the information of WAC
173-351-730 (1)(b) for the initial MSWLF unit. In addition, information of WAC
173-351-730 (1)(b) may be submitted covering all other MSWLF units that will be constructed up to the first ten years of facility operation. The permit will identify the extent of each permitted MSWLF unit and the specific time frames for the first MSWLF unit and estimated time frames for subsequent MSWLF units within which construction activities must begin and end for each MSWLF unit. Authorization to construct each subsequent MSWLF unit must, as to that MSWLF unit, contain the detailed construction plans as specified in this regulation, and those plans and the construction of that MSWLF unit must comply with all requirements of the SEPA and of this regulation and other regulations applicable at the time jurisdictional health department approval is granted.
(b) Operation. Except for MSWLF units governed by the transition rules of WAC
173-351-700(2), the jurisdictional health department's approval to accept solid waste will not be given until the permittee has demonstrated to the jurisdictional health department's satisfaction that the MSWLF unit has been constructed in accordance with the approved plans and specifications for that MSWLF unit. If a facility is to be constructed in several or more MSWLF units, the jurisdictional health department must determine that each specific MSWLF unit has been constructed in accordance with the approved permit before operation will be permitted in that specific MSWLF unit.
(c) Post-closure activities. The jurisdictional health department's approval for post-closure activities will not be given until the permittee has demonstrated to the jurisdictional health department's satisfaction that the MSWLF unit or all the MSWLF units have been closed in accordance with the final engineering plans WAC
173-351-500 (1)(e)(ii) and the approved closure plan.
| Note: | Failure to obtain approval for post-closure activities may prevent reimbursement under post-closure financial assurance in WAC 173-351-600. |
(5) Permit modifications.
(a) Any owner or operator intending to modify a valid MSWLF permit must file a modification application at least thirty days before the intended modification. A modification application must be made on forms authorized by the jurisdictional health department and the department, and the forms must include information identified in WAC
173-351-730 (3)(a).
(b) The jurisdictional health department shall follow the procedures of subsection (1) of this section in issuing a permit modification except for the following:
(i) Subsection (1)(b)(ii) and (iii) of this section, public notice; and
(ii) Subsection (1)(i) of this section, renewal procedures.
(c) In order to allow for permit modifications to be authorized at the time of permit renewal, any owner or operator may combine the application required for a permit modification in WAC
173-351-730 (3)(a) with the application required for a renewal permit in WAC
173-351-730 (3)(b), at the time of permit renewal.
(6) Permit reissuance. Except for permits during transition under subsection (2) of this section, any owner or operator intending to continue construction, operation or post-closure beyond the permitted duration of a valid MSWLF permit must file a reissuance application at least ninety days before the existing permit expires. Reissuance applications are subject to the public notification process of subsection (1)(b) of this section. A reissuance application must be made on forms authorized by the jurisdictional health department and the department, and must include information identified in WAC
173-351-730(4).
[Statutory Authority: Chapter 70.95 RCW and 40 CFR 258. 93-22-016, § 173-351-720, filed 10/26/93, effective 11/26/93.]