Section 173-303-281. Notice of intent.

(1) Purpose. The purpose of this section is to provide notification to the department, local communities and the public that the siting of a dangerous waste management facility is being considered. Also, to provide general information about the proposed facility owner/operator, the type of facility and the types of wastes to be managed and compliance with the siting criteria.

(2) Applicability. This section applies to owners/operators of proposed facilities. This section also applies to existing facilities applying for a significant expansion, as defined in WAC 173-303-282(3). This section does not apply to owners/operators of facilities or portions of facilities who are applying for research, development and demonstration permits, pursuant to section 3005(g) of the Resource Conservation and Recovery Act, codified in 40 C.F.R. Part 270.65. In addition, this section does not apply to owners/operators of facilities operating under an emergency permit pursuant to WAC 173-303-804 or to 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. As used in this section:

(a) "Proposed facility" means a facility which has not qualified for interim status under WAC 173-303-805 or for which the department has not issued a final facility permit under WAC 173-303-806 prior to the effective date of this section;

(b) "Existing facility" means a facility which has qualified for interim status under WAC 173-303-805 or for which the department has issued a final facility permit under WAC 173-303-806 prior to the effective date of this section; and

(c) "Expansion" means the enlargement of the land surface area of an existing facility from that described in an interim status permit application or final status permit, the addition of a new dangerous waste management process, or an increase in the overall design capacity of existing dangerous waste management processes at a facility.

(3) Notice of intent to file for an interim status or a dangerous waste permit.

(a) The notice of intent to be prepared by the owners/operators of the applicable facilities must consist of:

(i) The name, address, and telephone number of the owner, operator, and corporate officers;

(ii) The location of the proposed facility or expansion on a topographic map with specifications as detailed in WAC 173-303-806 (4)(a)(xviii);

(iii) A brief description of the types and amounts of wastes to be managed annually;

(iv) A brief description of the major equipment items proposed, if any, and the waste management activities requiring a permit or revision of an existing permit;

(v) Demonstration of compliance with the siting criteria as required under WAC 173-303-282 (6) and (7). The site conditions with regards to satisfying the criteria are to be assessed as of the date of submittal of the notice of intent to the department;

(vi) For informational purposes a complete summary of compliance violations of permit conditions at hazardous waste management facilities owned or operated by the applicant, its subsidiaries or its parent company, during the ten calendar years preceding the permit application. Along with the summary of compliance violations, as issued by appropriate state or federal regulatory agencies, the applicant must also submit responses to past violations and any written correspondence with regulatory agencies regarding the compliance status of any hazardous waste management facility owned or operated by the applicant, its subsidiaries or parent company of the owner or operator. A more detailed compliance record must be provided upon request by the department;

(vii) For informational purposes the need for the proposed facility or expansion must be demonstrated by one of the following methods:

(A) Current overall capacity within Washington is inadequate for dangerous wastes generated in Washington as determined by regional or state dangerous waste management plans; or

(B) The facility is a higher priority management method, as described in RCW 70.105.150, than is currently in place or practical and available for the types of waste proposed to be managed; or

(C) The facility will add to the types of technology available or will reduce cost impacts (not to include transportation costs) to Washington generators for disposal of dangerous wastes; and

(viii) For informational purposes it must be shown how the capacity of the proposed facility or expansion will affect the overall capacity within the state, in conjunction with existing facilities in Washington.

(b) The notice of intent must be filed with the department, and copies must be made available for public review, no less than one hundred fifty days prior to filing an application for a permit or permit revision. The department will send a copy of the notice of intent to the elected officials of the lead local government and all local governments within the potentially affected area as required by WAC 173-303-902 (5)(b)(i). The department will continue to coordinate with interested local governments throughout the review of the proposal.

(c) Reserved.

(4) Preapplication public meeting and notice.

(a) Applicability. The requirements of subsections (4), (5), and (6) of this section apply to all final facility (part B) applications seeking initial permits for dangerous waste management units over which the department has permit issuance authority. These requirements also apply to final facility part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of these subsections, a "significant change" is any change that would qualify as a class 3 permit modification under WAC 173-303-830(4). For the purposes of these subsections only, "dangerous waste management units over which the department has permit issuance authority" refers to dangerous waste management units for which the department has been authorized to issue dangerous waste permits. The requirements of these subsections do not apply to permit modifications under WAC 173-303-830(4) or to applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

The applicant's meeting date must be coordinated with and approved by ecology. If timing allows, both the applicant and ecology's meetings may be held on the same day.

(b) Prior to the submission of a part B final facility permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed dangerous waste management activities. The applicant must post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.

(c) The applicant must submit a summary of the meeting, along with the list of attendees and their addresses developed under (b) of this subsection, and copies of any written comments or materials submitted at the meeting, to the department as a part of the part B application, in accordance with WAC 173-303-806 (4)(a).

(d) The applicant must provide public notice of the preapplication meeting at least thirty days prior to the meeting. The applicant must maintain, and provide to the department upon request, documentation of the notice.

(i) The applicant must provide public notice in all of the following forms:

(A) A newspaper advertisement. The applicant must publish a notice, fulfilling the requirements in (d)(ii) of this subsection, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the department will instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties, where the department determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.

(B) A visible and accessible sign. The applicant must post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in (d)(ii) of this subsection. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.

(C) A broadcast media announcement. The applicant must broadcast a notice, fulfilling the requirements in (d)(ii) of this subsection, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the department.

(D) A notice to the department. The applicant must send a copy of the newspaper notice to the department and to the appropriate units of state and local government, in accordance with WAC 173-303-840 (3)(e)(i)(E).

(ii) The notices required under (d)(i) of this subsection must include:

(A) The date, time, and location of the meeting;

(B) A brief description of the purpose of the meeting;

(C) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;

(D) A statement encouraging people to contact the facility at least seventy-two hours before the meeting if they need special access to participate in the meeting; and

(E) The name, address, and telephone number of a contact person for the applicant.

(5) Public notice requirements at the application stage.

(a) Applicability. The requirements of this section apply to all final facility part B applications seeking initial permits for dangerous waste management units over which the department has permit issuance authority. The requirements of this section also apply to final facility part B applications seeking renewal of permits for such units under WAC 173-303-806 (7)(a). For the purposes of this section only, "dangerous waste management units over which the department has permit issuance authority" refers to dangerous waste management units for which the department has been authorized to issue final facility permits. The requirements of this section do not apply to permit modifications under WAC 173-303-830(4) or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

(b) Notification at application submittal.

(i) The department will provide public notice as set forth in WAC 173-303-840 (3)(e)(i)(D), and notice to appropriate units of state and local government as set forth in WAC 173-303-840 (3)(e)(i)(E), that a part B permit application has been submitted to the department and is available for review.

(ii) The notice will be published within a reasonable period of time after the application is received by the department. The notice must include:

(A) The name and telephone number of the applicant's contact person;

(B) The name and telephone number of the department's contact, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;

(C) An address to which people can write in order to be put on the facility mailing list;

(D) The location where copies of the permit application and any supporting documents can be viewed and copied;

(E) A brief description of the facility and proposed operations, including the address or a map (for example, a sketched or copied street map) of the facility location on the front page of the notice; and

(F) The date that the application was submitted.

(iii) Concurrent with the notice required under (b) of this subsection, the department will place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the department's office.

(6) Information repository.

(a) Applicability. The requirements of this section apply to all applications seeking final facility permits for dangerous waste management units over which the department has permit issuance authority. For the purposes of this section only, "dangerous waste management units over which the department has permit issuance authority" refers to dangerous waste management units for which the department has been authorized to issue dangerous waste permits.

(b) The department may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the department will consider a variety of factors, including: The level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the department determines, at any time after submittal of a permit application, that there is a need for a repository, then the department will notify the facility that it must establish and maintain an information repository. (See WAC 173-303-810(16) for similar provisions relating to the information repository during the life of a permit.)

(c) The information repository must contain all documents, reports, data, and information deemed necessary by the department to fulfill the purposes for which the repository is established. The department will have the discretion to limit the contents of the repository.

(d) The information repository must be located and maintained at a site chosen by the facility. If the department finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the department will specify a more appropriate site.

(e) The department will specify requirements for informing the public about the information repository. At a minimum, the department will require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.

(f) The facility owner/operator will be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the department. The department may close the repository at its discretion, based on the factors in (b) of this subsection.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-281, filed 6/30/09, effective 7/31/09. Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. WSR 00-11-040 (Order 99-01), § 173-303-281, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 95-22-008 (Order 94-30), § 173-303-281, filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-281, filed 12/8/93, effective 1/8/94. Statutory Authority: RCW 43.21A.080 and 70.105.210, et seq. WSR 90-20-016, § 173-303-281, filed 9/21/90, effective 10/22/90. Statutory Authority: Chapter 70.105 RCW. WSR 88-18-083 (Order 88-29), § 173-303-281, filed 9/6/88.]

Chapters 70.105 and 70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-281, filed 6/30/09, effective 7/31/09. Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. WSR 00-11-040 (Order 99-01), § 173-303-281, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 95-22-008 (Order 94-30), § 173-303-281, filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-281, filed 12/8/93, effective 1/8/94. Statutory Authority: RCW 43.21A.080 and 70.105.210, et seq. WSR 90-20-016, § 173-303-281, filed 9/21/90, effective 10/22/90. Statutory Authority: Chapter 70.105 RCW. WSR 88-18-083 (Order 88-29), § 173-303-281, filed 9/6/88.

Rules

173-303-282,173-303-804,173-303-805,173-303-806,173-303-805,173-303-806,173-303-806,173-303-282,173-303-902,173-303-830,173-303-830,173-303-806,173-303-840,173-303-806,173-303-830,173-303-840,173-303-840,173-303-810,