RCW 70A.205.130 — Permit for solid waste disposal site or facilities—Review by department—Appeal of issuance—Validity of permits issued after June 7, 1984.

1. (1) Except as provided in subsection (4) of this section, every permit issued by a jurisdictional health department under RCW 70A.205.125 shall be reviewed by the department to ensure that the proposed site or facility conforms with:

   1. (a) All applicable laws and regulations including the minimum functional standards for solid waste handling; and
   2. (b) The approved comprehensive solid waste management plan.
2. (2) The department shall review the permit within 30 days after the issuance of the permit by the jurisdictional health department. For solid waste handling facilities other than landfills, the department may appeal the issuance of the permit by the jurisdictional health department to the pollution control hearings board, as described in chapter 43.21B RCW, for noncompliance with subsection (1)(a) or (b) of this section.
3. (3) No permit issued pursuant to RCW 70A.205.125 after June 7, 1984, shall be considered valid unless it has been reviewed by the department.

4. (4)

   1. (a) Every permit issued by a jurisdictional health department under RCW 70A.205.125 for landfilling must be reviewed and approved by the department to ensure that the proposed landfill conforms with:

      1. (i) All applicable laws and regulations including the minimum functional standards for solid waste handling; and
      2. (ii) The approved comprehensive solid waste management plan.
   2. (b) The department shall review the permit prior to the issuance of the permit by the jurisdictional health department. The department may only approve a permit that ensures that the landfill conforms with all applicable laws and regulations, including the minimum functional standards for solid waste handling. The department may require a jurisdictional health department to amend the contents of a proposed permit to ensure conformance with applicable laws and regulations, including the minimum functional standards for solid waste handling.
   3. (c) A jurisdictional health department or applicant may appeal the department's denial or amendment of a landfill permit under this section, including the denial of the renewal of a permit, to the pollution control hearings board.
   4. (d) No permit issued under this subsection after August 1, 2027, is considered valid unless it has been approved by the department.

[ 2025 c 311 s 2; 2020 c 20 s 1173; 1984 c 123 s 8. Formerly RCW 70.95.185.]