(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).