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(1) Permit Required. No solid waste disposal site or facility in Clallam County shall be maintained, established, substantially altered, expanded or improved until the County, city or other person operating or owning such site or facility has obtained a permit from the Department.

(a) Only persons complying with this chapter, Chapters 173-304, 173-350 and 173-351 WAC, as applicable, the Comprehensive Solid Waste Management Plan of Clallam County, applicable County/city ordinances, and the conditions of the issued solid waste permit shall be entitled to receive or maintain such a permit.

(b) The Health Officer may require a permit, or take other enforcement action, for any site or facility discussed in WAC 173-350-020, if the handling of the solid waste at the site or facility poses risk of environmental degradation (including but not limited to surface or ground water pollution, air pollution or methane generation) or has potential impacts on public health, or violates WAC 173-350-040.

(c) Moderate Risk Waste Facilities. All moderate risk waste facilities shall comply with WAC 173-350-360, and any current moderate risk waste guidelines, as published by the Department of Ecology.

(2) Permit Applications.

(a) Applications for new or expanded solid waste disposal sites or facilities shall be submitted on a form approved by the Health Officer in accordance with Chapter 173-350 and/or 173-351 WAC. Filing shall not be complete until the Department has received:

(i) Two copies of the application signed by the property owner and applicant;

(ii) The Department has evaluated application materials to ensure all required information has been included;

(iii) The applicant has filed an environmental checklist required under the State Environmental Policy Act (SEPA) rules, Chapter 197-11 WAC; and

(iv) The applicant has paid all applicable review fees.

(b) Applications for solid waste facilities shall be prepared and certified by an engineer licensed in the State of Washington, in an engineering discipline appropriate for the solid waste facility type or activity. Applications shall comply with the requirements of WAC 173-350-710 and 173-350-715. The Health Officer may exempt certain solid waste facilities from the engineering design requirements depending upon the nature and type of solid waste material handled.

(c) The Health Officer may request additional information if it is deemed necessary for consideration of an application. The permit application shall not be considered complete, and the 90-day review period started until all required and requested information as required by WAC 173-350-700(1) and 173-350-715 has been received by the Department.

(d) When the application is complete, the Department shall forward one copy of the complete application to Ecology for a 45-day review as discussed in WAC 173-350-710(1)(c)(i).

(e) Every complete solid waste permit application shall be approved or disapproved within 90 days after its receipt by the Department or the applicant shall be informed as to the status of the application.

(3) Permit Issuance.

(a) When it has been determined that the facility meets the requirements of this chapter, and all other applicable laws and regulations, including SEPA and any other applicable land-use regulations, conforms with the approved Comprehensive Solid Waste Management Plan, and complies with applicable County/city ordinance, the Health Officer may issue a permit for a period of up to five years. The initial period of validity shall be determined by the Health Officer, and may be based on the Health Officer’s need to determine adequacy of compliance with permit conditions or may be based on the stages of development of the solid waste facility, or other aspects of the permitted facility.

(b) Permit issuance shall comply with WAC 173-350-710(2) and (3), and Chapter 173-304 or 173-351 WAC as applicable. Permits shall expire on December 31st of the final year of permit validity.

(c) Post-closure permits shall comply with Chapters 173-304, 173-350 and 173-351 WAC, as applicable, and all conditions contained in the post-closure permit.

(d) The permit shall be displayed at the solid waste facility at all times of operation.

(4) Permit Renewal.

(a) The owner or operator of a facility shall apply for renewal of the facility’s permit 90 days prior to permit expiration, in accordance with WAC 173-350-710, Chapter 173-351 WAC, and this chapter. Previous information submitted to the Department may be referred to on the application renewal forms. Changes in operating methods or other changes must be noted on the application in order to be authorized by permit, unless the changes in operating methods are at the direction of the Health Officer.

(b) Permit renewal shall comply with WAC 173-350-710(3), and Chapter 173-304 or 173-351 WAC, as applicable. Permits shall expire on December 31st of the final year of permit validity.

(c) The renewal application will be reviewed for compliance with this chapter and all other applicable regulations. Other information from inspections, complaints, or known changes in the operations will also be reviewed. Renewal forms and the annual fee will be due December 31st of each year.

(d) Every completed solid waste permit renewal application shall be approved or disapproved within 90 days after its receipt by the Department or the applicant shall be informed as to the status of the application.

(e) Any facility not in complete conformance with this chapter or any other applicable regulations may be placed upon a compliance schedule as part of the issued permit.

(f) All facilities subject to post-closure permits and conditions are also subject to modification of those conditions if site conditions or monitoring results indicate the need for changed permit conditions.

(5) Department of Ecology Review. All solid waste facility permits issued or renewed by the Department will be forwarded within seven days for 30-day review by Ecology. Upon review, Ecology may appeal the Department issuance or renewal of a solid waste facility operating permit to the State Pollution Control Hearings Board as stated in RCW 70A.205.185 and 70A.205.190.

(6) Permit Fees.

(a) An annual permit fee shall be charged as specified in the fee schedule adopted by the Clallam County Board of Health.

(b) Facilities which continue operation, including facilities in active closure, past February 15th of the year following expiration or without having paid all required fees shall be considered not to have a valid permit and may be ordered closed by the Health Officer and be considered in violation of this regulation.

(c) Facilities monitored under a post-closure permit shall pay annual fees as required by the adopted fee schedule.

(7) Permit Conditions.

(a) Each permit issued by the Department may include conditions set by the Health Officer. The conditions of the permit shall assure that the permitted facility conforms with the purpose and objectives of this regulation.

(b) The conditions that may be set by the Health Officer include, but are not limited to:

(i) Compliance schedules;

(ii) Types of wastes accepted;

(iii) Operating procedures;

(iv) Scheduling and hours of operation;

(v) Types and frequency of any environmental monitoring;

(vi) Addition of pollution control and reduction systems;

(vii) Other relevant conditions that have been identified by the SEPA compliance review process;

(viii) Conditions based on the inspection of the facility or the review of the facility at the time of permit renewal; and

(ix) Conditions based on the results of facility monitoring data.

(c) The conditions under which the permit is granted shall be specified in writing and shall be in addition to applicable regulations and approved operating plans and specifications included in the solid waste application. In the absence of any additional conditions set forth by the Health Officer, the approved operating plans and specifications and applicable regulations shall constitute the conditions of the solid waste facility operating permit.

(8) Permit Suspension. The Health Officer may suspend all or part of the activity permitted by a solid waste permit upon discovery of actions or physical conditions that are a violation of this chapter, State solid waste laws or the conditions of the issued permit.

Except for emergencies regarding human health and safety, appeal of a permit suspension shall act as a stay of the action required by the Health Officer. Appeals shall be submitted and conducted according to CCC 41.11.160.