Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-902 - Citizen/proponent negotiations

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Intent and purpose. Successful siting of dangerous waste management facilities
			 depends on public confidence, which requires affected communities to have
			 opportunities to meet with owners/operators of proposed dangerous waste
			 management facilities to resolve concerns about such facilities.
			 RCW
			    70.105.260 authorizes the department to
			 specify a procedure for conflict resolution activities for dangerous waste
			 management facility proponents, host communities, citizens and citizen groups,
			 and to expend funds to support such activities. The purpose of this section is
			 to set forth a procedure for negotiations between affected communities and the
			 proponent of a facility, and the eligibility criteria for financial
			 assistance.
(2) Applicability.
(a) This section applies to local governments
			 and citizens potentially affected by the siting and permitting of a dangerous
			 waste management facility, owners and operators of proposed facilities, and
			 owners and operators of facilities for which interim or final status permit
			 applications have been submitted to the department prior to the effective date
			 of this section. This section also applies to existing facilities with interim
			 or final status for which the department receives an application for expansion.
			 This section only applies to the expanded portion of the existing
			 facility.
(b) A modified
			 citizen/proponent negotiations (CPN) process will apply to lead local
			 governments who are also proponents of the facility.
(c) This section does not apply to:
(i) Owners/operators of facilities or
			 portions of facilities applying for research, development and demonstration
			 permits, pursuant to WAC
			 173-303-809 or section 3005(g) of
			 the Resource Conservation and Recovery Act, codified in 40 C.F.R. Part
			 270.65;
(ii) Owners/operators of
			 facilities operating under an emergency permit pursuant to WAC
			 173-303-804;
(iii) Persons at facilities conducting
			 on-site cleanup of sites under the Comprehensive Environmental Response
			 Compensation and Liability Act, Sections 3004(u), 3004(v), and 3008(h) of the
			 Resource Conservation and Recovery Act,
			 chapter
			 70.105 RCW, or
			 chapter
			 70.105D RCW, provided
			 the cleanup activities are being conducted under a consent decree, agreed
			 order, or enforcement order, or is being conducted by the department or United
			 States Environmental Protection Agency;
(iv) Persons managing solid wastes who become
			 subject to dangerous waste regulations through amendments to this chapter. This
			 provision applies only to those activities operated in accordance with local,
			 state, and federal requirements and which were being conducted prior to
			 becoming subject to dangerous waste regulations, chapter 173-303 WAC or
			 expansions, if it can be demonstrated to the satisfaction of the department
			 that the proposed expansion of such activities will provide a net increase in
			 protection to human health and the environment beyond that which is currently
			 provided at the facility;
(v)
			 Owners/operators of facilities who seek to obtain a dangerous waste permit for
			 waste storage and satisfy all of the following:
(A) The facility recycles dangerous waste in
			 a process that is exempt from dangerous waste permitting.
(B) Waste storage is used strictly to support
			 the exempt recycling.
(C) Waste
			 storage is in tanks, containers, or a containment building.
(D) Waste storage is indoors; or
(vi) Owners/operators of existing
			 designated zone facilities as defined in this section seeking a significant
			 expansion.