(1) Notwithstanding
any other provision of this chapter, the department may by rule
exempt from the requirements to obtain a solid waste handling
permit any category of solid waste handling facility that it
determines to:
(a) Present little or no environmental risk; and
(b) Meet the environmental protection and performance
requirements required for other similar solid waste facilities.
(2) This section does not apply to any facility or category
of facilities that:
(a) Receives municipal solid waste destined for final
disposal, including but not limited to transfer stations,
landfills, and incinerators;
(b) Applies putrescible solid waste on land for final
disposal purposes;
(c) Handles mixed solid wastes that have not been processed
to segregate solid waste materials destined for disposal from
other solid waste materials destined for a beneficial use or
recycling;
(d) Receives or processes organic waste materials into
compost in volumes that generally far exceed those handled by
municipal park departments, master gardening programs, and
households; or
(e) Receives solid waste destined for recycling or reuse,
the operation of which is determined by the department to present
risks to human health and the environment.
(3) Rules adopted under this section shall contain such
terms and conditions as the department deems necessary to ensure
compliance with applicable statutes and rules. If a facility
does not operate in compliance with the terms and conditions
established for an exemption under subsection (1) of this
section, the facility is subject to the permitting requirements
for solid waste handling under this chapter.
(4) This section shall not be deemed to invalidate the
exemptions or determinations of nonapplicability in the
department's solid waste rules as they exist on June 11, 1998,
which exemptions and determinations are recognized and confirmed
subject to the department's continuing authority to modify or
revoke those exemptions or determinations by rule.
[2005 c 394 § 3; 1998 c 156 § 5.]
NOTES:
Intent -- Severability -- 2005 c 394: See notes following RCW 70.95.400.