POLLUTION CONTROL HEARINGS BOARO

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FORM OF ORDER AN1?fRANSMITIAL BY BOARD, COtV 'MISSION, OR COUNCIL

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State of Washington / a. !i.- '8_3

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(name of governing body)

(agency name, if applicable)

83- 1 Resolution No. _

Administrative Order No. __--=8::3:...--:,1 _

98504

Po llut i on Co ntro l Heari ngs Board

Bldg 2 Rowe 6, MS: PY -2 1 , Olympia , WA

(p lace)

(1) Be it resolved by the ~_~...::......::... .....::._.:..:..::.:..._=_ _

acting at 4224-6th Ave SE,

that it does adopt the annexed rules relating to :

Rule s of procedure fOt' rev i ew of permits issued unde r chapter 173-303 WAC .

(WAC 371-08 -2 55 attached ).

(2) ALTERNATIVE A. Use onl y for AdoptioA of Perm.....t RlIieo.

This acuon is taken purs uant to Notice:-';o WSR 83- 11 -006

filed with th e cod e rev iser on Ma y 6 , 1983 . ~T~h::e~e~ru=;l-es:...s:.;h..;a7.lI::;::.;-ke-eff;;:ect-:--,'-------

thirty days after they are filed with the cod e reviser pu.....nt to RCW 34.04.040(2).

at a lat er date. such da te being

(2) ALTERlIiATIV E B. Use oldy for AdopdOft of E_ rxeacy RI....

We. , find that

a n emergency exists and tha: this order is necessary for the preservation of the public hea lth, safety, or general

welfare and that observance of the requ ireme nts of not ice and opportunity '0 present views on the proposed action

wou ld be contrary to public interest. A Statement of the facts constitu ting the emergency is:

These rules are the refo re adopted as emergency ru les to take effect upon filing with the code reviser .

(3) Pursuant to the requ irements of RCW 34.04.026 ' that ' every agency shall incorpo rate the most specific, but

in no case omi t all. of the following lan gu age alternative; when adopti ng or amending rules' fill in statement (a ). (b),

or (c) as appropriate:

C (3) This rule is promulga ted pursua nt to RC W _

an d is intended to administratively implement that sta tute .

C (b) This rule is promulgated pursuant to RC W

whic h directs that the

has autho ru y to implement the rrovisicns of

(name of ~~ or RCW citat ion)

x.. (c) This rule is promutg.ncc under the gcncrai -uic -making auth ority u ( the

Pollution Cont rol Hea rings Board

as authorized In RCW 43.21£3 . 170

(4) The undersigned her eb y de clares that the ' !lene; has com plied with the provisions of the Open Publ ic

Me etings Ac t (cha pter 42.30 RCW). the Administrative Proced ure Act (chapter 34.04 RC W ). and the StateRegister

Ac t (cha pter 34.08 RCW) in the adoption of these ru les.

(5) This order, after being first recorded in the order reg ister of this governing body, is herewith tranmitted to

the Code Reviser for filing pursuant to chapter 34.04 RCW and chapter 1- 12 WAC.

APPROVED AND ADOPTED July 5 . 19,--'8""3'--__

By ])...,.;/d4....

DAVID AKANA

Vice Chaiman

Title
NEW SECTION

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WAC 371-08-255 REVIEW OF PERMITS ISSUED UNDER Chapter 173-303 WAC.

(1) The provisions of this section shall apply only to review

proceedings before the board pertaining to permits issued by the

Department of Ecology under chapter 173-303 WAC.

(2) In the event that the board determines that a permit issued

by the Department of Ecology under chapter 1~3-303 is invalid in any

respect, the board shall issue an order remanding the permit to the

Department of Ecology for reconsideration and appropriate action

consistent with the provisions of said order and federal and state law.