Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-700 - Permits and local ordinances

Current through Register Vol. 24-14, July 15, 2024
(1)
Permit required.
(a) Except for
			 (b) and (c) of this subsection, no solid waste storage, treatment, processing,
			 handling, recycling, or disposal facility may be maintained, established,
			 substantially altered, expanded, or improved until the person operating or
			 owning the 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, or is operating in
			 compliance with all terms of a conditionally exempt solid waste handling
			 activity identified in this chapter. Facilities operating under conditional
			 exemptions established by this chapter must meet all the conditions of the
			 exemptions or may be required to obtain a permit under this chapter and may be
			 subject to the enforcement provisions of
			 RCW    70.95.315.
			 Facilities that meet the terms and conditions for exemption under one standard
			 may require permitting for other nonexempt activities on-site. Facilities may
			 operate under multiple exemptions from permitting if they meet all conditions
			 for each section. In addition, persons dumping or depositing solid waste
			 without a permit in violation of this chapter are subject to the penalty
			 provisions of
			 RCW
			    70.95.240.
(b) Pursuant to
			 RCW
			    70.105D.090, permits issued under this
			 chapter are not required for remedial actions performed by the department under
			 chapter 70.105D RCW, Hazardous waste cleanup-Model Toxics Control Act, or by a
			 potentially liable person under a consent decree, order, or agreed order issued
			 under chapter 70.105D RCW, Hazardous waste cleanup-Model Toxics Control Act. If
			 the substantive requirements of this chapter are not met, permits may still be
			 required. Permits issued under this chapter may still be required for
			 independent remedial actions, as defined in
			 RCW
			    70.105D.020, including those performed under
			 the voluntary cleanup program authorized under
			 RCW
			    70.105D.030(1)(i).
(c) Pursuant to section 121 (1)(e) of the
			 Comprehensive Environmental Response Compensation and Liability Act (CERCLA),
			  42 U.S.C. Sec. 9621 (1)(e), permits issued under this chapter are not required
			 for any removal or remedial action performed by the U.S. Environmental
			 Protection Agency under CER-CLA or by a potentially responsible party under a
			 consent decree or administrative order issued under CERCLA. If the substantive
			 requirements of this chapter are not met, permits may still be
			 required.
(d) 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 must have the approval of the legislative
			 authority or authorities it serves before entering into any agreement with the
			 department.