8.08B.090
Permits and Local Ordinances
A.
Permit required.
1.
No Solid
Waste Storage, Treatment, Processing, handling or Disposal Facility shall be
maintained, established, substantially altered, expanded or improved until the
Person operating or owning such site has obtained a Permit or Permit deferral
from the Health Department or a Beneficial Use exemption from the Department
pursuant to the provisions of this chapter. Facilities operating under
categorical exemptions established by this chapter shall meet all the conditions
of such exemptions or will be required to obtain a Permit under this chapter.
Persons dumping or depositing Solid Waste without a Permit in violation of this
chapter shall be subject to the penalty provisions of RCW 70.95.240.
2.
Permits
issued under this chapter are not required for remedial actions performed by the
state and/or in conjunction with the United States Environmental Protection
Agency to implement the Comprehensive Environmental Response Compensation and
Liability Act of 1980 (CERCLA), or remedial actions taken by others to comply
with a state and/or federal cleanup order or consent decree.
3.
The
Health Department and the Department may enter into an agreement providing for
the exercise by the Department of any power that is specified in the contract
and that is granted to the Health Department under chapter 70.95 RCW, Solid
Waste Management -- Reduction and Recycling. However, the Health Department
shall have the approval of the Board of Health before entering into any such
agreement with the Department.