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AN ACT Relating to ensuring environmental and public health 1
protection from solid waste handling facility operations; amending 2
RCW 70A.205.125, 70A.205.130, 70A.205.135, and 70A.205.140; adding 3
new sections to chapter 70A.205 RCW; and prescribing penalties.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 70A.205.125 and 2016 c 119 s 4 are each amended to 6
read as follows: 7
(1) Applications for permits to operate a new or modified solid 8
waste handling facility shall be on forms prescribed by the 9
department and shall contain a description of the proposed facilities 10
and operations at the site, plans and specifications for any new or 11
additional facilities to be constructed, and such other information 12
as the jurisdictional health department may deem necessary in order 13
to determine whether the site and solid waste disposal facilities 14
located thereon will comply with local regulations and state rules.15
(2) Upon receipt of an application for a permit to establish or 16
modify a solid waste handling facility, the jurisdictional health 17
department shall refer one copy of the application to the department 18
which shall report its findings to the jurisdictional health 19
department. When the application is for a permit to establish or 20
modify a solid waste handling facility located in an area that is not 21
H-0312.1
HOUSE BILL 1154
State of Washington 69th Legislature 2025 Regular Session
By Representatives Duerr, Doglio, Ramel, Berry, Ryu, Callan, Pollet,
Berg, Davis, Kloba, and Hunt
Prefiled 01/03/25. Read first time 01/13/25. Referred to Committee
on Environment & Energy.
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under a quarantine, as defined in RCW 17.24.007, and when the 1
facility will receive material for composting from an area under a 2
quarantine, the jurisdictional health department shall also provide a 3
copy of the application to the department of agriculture. The 4
department of agriculture shall review the application to determine 5
whether it contains information demonstrating that the proposed 6
facility presents a risk of spreading disease, plant pathogens, or 7
pests to areas that are not under a quarantine. For the purposes of 8
this subsection, "composting" means the biological degradation and 9
transformation of organic solid waste under controlled conditions 10
designed to promote aerobic decomposition. 11
(3) The jurisdictional health department shall investigate every 12
application as may be necessary to determine whether a proposed or 13
modified site and facilities meet all solid waste, air, and other 14
applicable laws and regulations, and conforms with the approved 15
comprehensive solid waste handling plan, and complies with all zoning 16
requirements. 17
(4) When the jurisdictional health department finds that the 18
permit should be issued, ((it)) and the department has approved the 19
permit under RCW 70A.205.130, the jurisdictional health department 20
shall issue such permit. Every application shall be approved or 21
disapproved within ((ninety)) 90 days after its receipt by the 22
jurisdictional health department. 23
(5) The jurisdictional board of health may establish reasonable 24
fees for permits and renewal of permits. All permit fees collected by 25
the health department shall be deposited in the treasury and to the 26
account from which the health department's operating expenses are 27
paid. 28
Sec. 2. RCW 70A.205.130 and 2020 c 20 s 1173 are each amended to 29
read as follows: 30
((Every)) (1) Except as provided in subsection (4) of this 31
section, every permit issued by a jurisdictional health department 32
under RCW 70A.205.125 shall be reviewed by the department to ensure 33
that the proposed site or facility conforms with: 34
(((1))) (a) All applicable laws and regulations including the 35
((minimal)) minimum functional standards for solid waste handling; 36
and 37
(((2))) (b) The approved comprehensive solid waste management 38
plan. 39
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(2) The department shall review the permit within ((thirty)) 30 1
days after the issuance of the permit by the jurisdictional health 2
department. ((The)) For solid waste handling facilities other than 3
landfills, the department may appeal the issuance of the permit by 4
the jurisdictional health department to the pollution control 5
hearings board, as described in chapter 43.21B RCW, for noncompliance 6
with subsection (1) ((or (2))) (a) or (b) of this section.7
(3) No permit issued pursuant to RCW 70A.205.125 after June 7, 8
1984, shall be considered valid unless it has been reviewed by the 9
department. 10
(4)(a) Every permit issued by a jurisdictional health department 11
under RCW 70A.205.125 for landfilling must be reviewed and approved 12
by the department to ensure that the proposed landfill conforms with:13
(i) All applicable laws and regulations including the minimum 14
functional standards for solid waste handling; and15
(ii) The approved comprehensive solid waste management plan.16
(b) The department shall review the permit prior to the issuance 17
of the permit by the jurisdictional health department. The department 18
may only approve a permit that ensures that the landfill conforms 19
with all applicable laws and regulations, including the minimum 20
functional standards for solid waste handling. The department may 21
require a jurisdictional health department to amend the contents of a 22
proposed permit to ensure conformance with applicable laws and 23
regulations, including the minimum functional standards for solid 24
waste handling.25
(c) A jurisdictional health department or applicant may appeal 26
the department's denial or amendment of a landfill permit under this 27
section, including the denial of the renewal of a permit, to the 28
pollution control hearings board.29
(d) No permit issued under this subsection after August 1, 2025, 30
is considered valid unless it has been approved by the department.31
Sec. 3. RCW 70A.205.135 and 2020 c 20 s 1174 are each amended to 32
read as follows: 33
(1) Every permit for an existing solid waste handling facility 34
issued pursuant to RCW 70A.205.125 shall be renewed at least every 35
five years on a date established by the jurisdictional health 36
department having jurisdiction of the site and as specified in the 37
permit. If a permit is to be renewed for longer than one year, the 38
local jurisdictional health department may hold a public hearing 39
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before making such a decision. Prior to renewing a permit, the health 1
department shall conduct a review as it deems necessary to assure 2
that the solid waste handling facility or facilities located on the 3
site continues to meet minimum functional standards of the 4
department, applicable local regulations, and are not in conflict 5
with the approved solid waste management plan. A jurisdictional 6
health department shall approve or disapprove a permit renewal within 7
((forty-five)) 45 days of conducting its review. The department shall 8
review and may appeal the renewal of permits for solid waste handling 9
facilities other than landfills as set forth for the approval of 10
permits in RCW 70A.205.130(2). The department must review and approve 11
or disapprove renewal of permits for landfill disposal facilities as 12
set forth in RCW 70A.205.130(4). 13
(2) The jurisdictional board of health may establish reasonable 14
fees for permits reviewed under this section. All permit fees 15
collected by the health department shall be deposited in the treasury 16
and to the account from which the health department's operating 17
expenses are paid. 18
Sec. 4. RCW 70A.205.140 and 2016 c 119 s 5 are each amended to 19
read as follows: 20
Any permit for a solid waste disposal site issued as provided 21
herein shall be subject to suspension at any time the department or 22
the jurisdictional health department determines that the site or the 23
solid waste disposal facilities located on the site are being 24
operated in violation of this chapter, the regulations of the 25
department, the rules of the department of agriculture, or local laws 26
and regulations. 27
NEW SECTION. Sec. 5. A new section is added to chapter 70A.205 28
RCW to read as follows: 29
(1) In addition to the provisions of RCW 70A.205.140, a 30
jurisdictional health department or the department may:31
(a) Impose a civil penalty not to exceed $10,000 per day of 32
operation of a solid waste handling facility in violation of the 33
requirements of this chapter or a permit issued under this chapter; 34
and 35
(b) Issue an order requiring compliance by a solid waste handling 36
facility in violation of the requirements of this chapter or a permit 37
issued under this chapter. A person who fails to take corrective 38
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action as specified in a compliance order is liable for a civil 1
penalty as provided in (a) of this subsection. 2
(2)(a) If the department chooses to enforce the requirements of 3
this chapter with respect to a solid waste handling facility in a 4
jurisdiction, the department must notify the jurisdictional health 5
department with a letter of intent that includes: 6
(i) The start and any end date of the department's enforcement 7
activities; and 8
(ii) The geographical boundaries of solid waste handling 9
facilities at which the enforcement activities are planned.10
(b) If a solid waste handling facility owner or operator pays a 11
penalty under this section for a violation to a government entity, 12
any penalty imposed by a different government entity for a violation 13
based on the same incident and conduct shall be reduced by the amount 14
of the prior penalty. 15
(c) Upon receipt of an order by the jurisdictional health 16
department or department, a solid waste handling facility owner or 17
operator must provide information necessary to determine compliance 18
with the requirements of this chapter applicable to solid waste 19
handling facilities. 20
(d) An applicant or permittee must allow the jurisdictional 21
health department and department to conduct inspections and collect 22
samples. 23
(3) Penalties levied by the department under this section must be 24
deposited in the model toxics control operating account created in 25
RCW 70A.305.180. 26
(4) A person who is issued an order or incurs a penalty from a 27
jurisdictional health department or the department under this section 28
may appeal the order or penalty to the pollution control hearings 29
board established by chapter 43.21B RCW. 30
(5) This section does not apply to actions taken by the 31
department under chapter 70A.305 RCW. 32
NEW SECTION. Sec. 6. A new section is added to chapter 70A.205 33
RCW to read as follows: 34
By January 1, 2026, and each five years thereafter, each 35
jurisdictional health department must transmit to the department a 36
list of any violations of the requirements of this chapter 37
historically or currently identified by the jurisdictional health 38
department with respect to each solid waste facility that is 39
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currently operating in the jurisdiction. This list must include a 1
description of any enforcement actions taken against the solid waste 2
facility and whether the identified violation has been resolved to 3
the satisfaction of the jurisdictional health department.4
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