Publication Summary

Upon reviewing Chapter 173-300 of the Washington Administrative Code (WAC), "Certification of Operators of Solid Waste Incinerator and Landfill Facilities," the Ecology Department found the language unclear and might lead to misinterpretation or confusion. The agency decided to amend the rule to help the public understand that Ecology can authorize other agencies or organizations to train and certify operators as long as they meet the requirements of Chapter 70.95D RCW.

The primary change will be clarify that Ecology can authorize other agencies or organizations to train and certify operators as long as they meet the requirements of Chapter 70.95D RCW. Another benefit of the rule change would be to clearly state that program fees can be paid directly to an external organization contracted to administer the certification program. With Ecology′s approval, the external organization could collect fees for services provided and Ecology would not separately charge fees.

The rule amendment would affirm Ecology′s flexibility in using external organizations, but would not require Ecology to change current practices. The flexibility is expected to increase the access to meaningful training and testing in Washington.

Ecology and other interested parties agree that a qualified external organization administering all aspects of landfill-operator certification would better meet the objectives of RCW 70.95D.

Key proposed changes to the rule are:

-Addition of a new section, WAC 173-300-075, clarifying that Ecology can contract with external organizations for certification activities. -Clarifying that Ecology would not collect application and certification fees if these services were performed by an external organization or agency. -Addition of a definition of contractor in WAC 173-300-020. -Clarifying the role and nature of the board of advisors (WAC 173-300-30). -Several reference changes necessitated by changes to other solid-waste rules.