SOLID WASTE REGULATIONS - Kitsap Public Health District

information in an electronic form upon request by an interested party.
(b) Once a determination is made by the department that an application is complete and the public
review process has begun, any changes to the application or submittal of additional information by the
applicant shall result in a withdrawal of the completeness determination by the department and
termination of the public review process. The department shall resume review of the amended
application in accordance with the procedures of (a) of this subsection.
(c) After completion of the comment period, the department shall review comments, technical
information from agency and other publications, standards published in regulations, and other
information deemed relevant by the department to render a decision.
(d) Every complete application shall be approved or disapproved by the department in writing within
ninety days after receipt. Exemptions shall be granted by the department only to those beneficial uses of
solid waste that the department determines do not present a threat to human health or the environment.
(e) Upon approval of the application by the department, the beneficial use of the solid waste by the
original applicant is exempt from solid waste handling permitting for use anywhere in the state
consistent with the terms and conditions of the approval.
(f) The department may require a person operating under any exemption covered by this section to
apply to the jurisdictional health department for a solid waste handling permit under the applicable
section of this chapter if:
(i) The exemption holder fails to comply with the terms and conditions of this section and the
approval; or
(ii) The department determines that the exemption was obtained by misrepresenting or omitting any
information that potentially could have affected the issuance or terms and conditions of an exemption;
or
(iii) New information not previously considered or available as part of the application demonstrates
to the department that management of the waste under a beneficial use permit exemption may present a
threat to human health or the environment.
(g) The department shall provide written notification to the exempted party and all jurisdictional
health departments of any requirement to apply for a permit under this chapter. A person that is required
by the department to apply for permit coverage shall immediately cease beneficial use activities until all
necessary solid waste handling permits are issued.
(h) The terms and conditions of subsection (2)(a)(viii) of this section shall remain in effect until the
solid waste handling permit process has been completed.
(i) Any person that violates the terms and conditions of a beneficial use permit exemption issued
under this section may be subject to the civil penalty provisions of RCW 70.95.315.
(j) Appeals of the department's decision to issue or deny or revoke a beneficial use permit exemption
shall be made to the pollution control hearings board by filing with the hearings board a notice of appeal
within thirty days of the decision of the department. The board's review of the decision shall be made in
accordance with chapter 43.21B RCW, Environmental hearing office -- Pollution control hearings
board, and any subsequent appeal of a decision of the board shall be made in accordance with RCW
43.21B.180.
Persons that may appeal are:
(i) For waste derived soil amendments any aggrieved party may appeal.
(ii) For all other beneficial uses of solid waste any jurisdictional health department or the applicant
may appeal.
(6) Beneficial use permit exemption - Solid waste exempt from permitting by rule. Reserved.
Note: RCW 70.95.300 contains provisions that allow the department to exempt from permitting certain
beneficial uses of solid waste by rule. The statute also requires the department to develop an
application and approval process by which a person could apply for a beneficial use permit
exemption. At this time the department has chosen to limit rule making to development of the
required application and approval process, and hold a section in reserve for future development of
KCBH ORDINANCE 2010-1 19 SOLID WASTE REGULATIONS