Section 173-401-735. Permit appeals.

(1) A decision to issue or to deny a final permit, or the terms or conditions of such a permit, may be appealed to the pollution control hearings board under chapter 43.21B RCW and RCW 70.94.161(9). Any appealable decision or determination shall be identified as such and shall contain a conspicuous notice to the recipient that it may be appealed by filing an appeal with the pollution control hearings board and serving the appeal on the permitting authority within thirty days of receipt, pursuant to RCW 43.21B.310. The provision for appeal in this section is separate from and additional to any federal rights to petition and review under section 505(b) of the FCAA, including petitions filed pursuant to 40 C.F.R. 70.8(c) and 70.8(d).

(2) Appealing parties. Parties that may file the appeal referenced in subsection (1) of this section include any person who participated in the public participation process pursuant to WAC 173-401-800.

(3) As provided in RCW 34.05.570, a person may seek a writ of mandamus in the event that a permitting authority fails to take final action on an application for a permit, permit renewal, or permit revision within the deadlines specified by WAC 173-401-700 through 173-401-725.

[Statutory Authority: RCW 70.94.161 (2)(a). WSR 97-08-084 (Order 97-01), § 173-401-735, filed 4/2/97, effective 5/3/97. Statutory Authority: Chapter 70.94 RCW. WSR 93-20-075 (Order 91-68), § 173-401-735, filed 10/4/93, effective 11/4/93.]

RCW 70.94.161 (2)(a). WSR 97-08-084 (Order 97-01), § 173-401-735, filed 4/2/97, effective 5/3/97. Statutory Authority: Chapter 70.94 RCW. WSR 93-20-075 (Order 91-68), § 173-401-735, filed 10/4/93, effective 11/4/93.

Rules

173-401-800,173-401-700,173-401-725,