Washington State Department of Ecology

Solid Waste Facilities and the Permitting Process

What Types of Solid Waste Facilities are Permitted?

There are several different solid waste handling facilities types that require permits in Washington State. The majority of the facilities are subject to chapter 70.95 RCW, Solid Waste Management. Specific facility requirements are found in various regulations associated with the following facilities.

Facilities for the final disposal of solid waste include municipal solid waste landfills, regulated under chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills. (Go to Municipal Solid Waste Landfills for additional information.) There are also energy recovery and incineration facilities, limited purpose landfills and inert landfills, which are regulated under chapter 173-350 WAC, Solid Waste Handling Standards.

Additional facilities for the handling of waste requiring a permit include: composting facilities, land application sites, intermediate solid waste handling facilities (transfer stations, bailing and compaction sites, and drop boxes), piles for treatment and storage, surface impoundments and tanks, waste tire storage facilities and moderate risk waste facilities. All of these facilities are regulated under chapter 173-350 WAC, Solid Waste Handling Standards. Go to the chapter 173-350 WAC, Solid Waste Handling site for additional information about this regulation

Ash monofills are regulated under chapter 173-306 WAC, Special Incinerator Ash Management Standards.

Lists of the various facility types can be found in the databases maintained by the Waste 2 Resources Program.

Biosolids, when treated, processed and used as a soil amendment and nutrient source to improve and maintain productive soils and stimulate plant growth, are regulated under chapter 70.95J RCW, Municipal Sewage Sludge – Biosolids, and chapter 173-308 WAC, Biosolids Management.

Who Writes the Regulations for These Facilities?

Ecology, per RCW 70.95.060, is directed to adopt rules for minimum functional standards for solid waste handling facilities. The primary regulations are chapter 173-350 WAC, Solid Waste Handling Standards and chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills.

The local jurisdictional health departments have the responsibility to issue permits and enforce the regulations. Under RCW 70.95.160, they are required to adopt regulations that may be more stringent than the state’s “minimum” standards. For anyone planning a solid waste facility, it is important to contact the jurisdictional health department for the county in which the proposed facility will be located to determine the specific facility permitting requirements, processes and associated fees.

What is the Permitting Process for Solid Waste Facilities?

The permitting process in Washington State is the same for all of the above facility types, except for Biosolids and Ash monofills.

Solid Waste Permits are Issued by the Local Jurisdictional Health Departments

The permit process is outlined in chapter 70.95 RCW, Solid Waste Management, with specific permit application procedures outlined in chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills and chapter 173-350 WAC, Solid Waste Handling Standards for other solid waste facilities.

The local jurisdictional health department (JHD) is the permitting entity in Washington State. Complete permit applications, meeting the requirements of the appropriate regulation are available from the JHD for the county in which the facility is located, and are submitted to the jurisdictional health departments. The permitting form developed by the Department of Ecology can be found on the Solid Waste Facility Forms page.

Specific permit application process and requirements are found in WAC 173-350-710 and WAC 173-350-715 and/or WAC 173-351-720 (for municipal solid waste landfills).

Some solid waste facilities require proof of financial assurance before they can commence operations. Financial assurance is required for all municipal solid waste landfills permitted under chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills. Under chapter 173-350 WAC, Solid Waste Handling Standards, financial assurance is required for waste tire facilities, fixed moderate risk waste facilities that store more than nine thousand gallons of MRW on-site, excluding used oil, and limited purpose landfills. (See Financial Assurance for additional information.)

The jurisdictional health department has a ninety day review period to determine if the facility conforms to all solid waste, air and other applicable laws and regulations, conforms to the approved comprehensive solid waste handling plan and complies with zoning requirements. (For additional information about the local planning process go to Local Planning.)

Per RCW 70.95.190 the local jurisdictional health departments may establish reasonable fees for permit review. Please contact the specific JHD to determine any associated fees with the permit process.

All solid waste permit applications must include evidence of compliance with the State Environmental Policy Act, chapter 197-11 WAC, SEPA Rules. Various agencies at the local governments level are lead for this action. Appropriate contacts can be provide by the local jurisdictional health department or can be found at County SEPA Contacts.

Ecology’s Role in the Permit Process

Ecology has a review role for facilities permitted under chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills and chapter 173-350 WAC, Solid Waste Handling Standards. (For Ecology contacts go to Contacts.)

During the ninety day review of a complete application, the jurisdictional health departments refers a copy to the Department of Ecology. The Waste 2 Resources Program regional offices review the permits to ensure that the proposed facility conforms with all applicable laws and regulations and the approved comprehensive solid waste management plan and reports it findings to the jurisdictional health department. Ecology only has review authority and does not have a permit approval action.

Once the jurisdictional health department issues a solid waste permit, Ecology has thirty days to review the permit. Ecology can appeal the issuance of the permit to the Pollution Control Hearings Board as described in chapter 43.21B RCW.

Annual Reporting Requirements

Annual reports are required of municipal solid waste landfills permitted under chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills, and various facilities that fall under the requirements of chapter 173-350 WAC, Solid Waste Handling Standards. Annual report forms are to be completed by the facility and returned to the appropriate local health depratment and the Department of Ecology by April 1 of each year.

Permit Deferral

The Solid Waste Handling Standards allow for a "Permit Deferral" under WAC 173-350-710(8). The jurisdictional health department, at its discretion and with the concurrence of the Department of Ecology, can waive the requirement of a solid waste permit for a facility by deferring to other air, water or environmental permits issued for the facility which provide an equivalent or superior level of environmental protection. The owner or operator can apply per WAC 173-350-710(8)(d) using the Permit Deferral Form.

Exemptions from Solid Waste Permitting

Chapter 173-350 WAC, Solid Waste Handling Standards, specifies that certain solid waste facilities are exempt from solid waste permitting, if they meet certain requirements and operating procedures as identified in the rule. These facilities include certain recycling facilities, compost facilities, intermediate solid waste handling facilities, piles used for treatment or storage, and moderate risk waste facilities.

One of the requirements is for the facility to notify the Department of Ecology and the local jurisdictional health department of their intent to operate as a facility exempt under chapter 173-350 WAC. For most exempt facilities, there is also an annual reporting requirement. Additional information about the exemptions can be found here.

State Issued Solid Waste Permits and Certifications

Ecology directly issues permits for ash monofills that receive ash from municipal solid waste energy recovery facilities per chapter 173-306 WAC, Special Incinerator Ash Management Standards.

Under chapter 173-350 WAC, Solid Waste Handling Standards, Ecology can grant a beneficial use exemption from the permit requirements of this regulations. The process and required application forms can be found at Beneficial Use.

Chapter 70.95D RCW, Solid Waste Incinerator and Landfill Operators, requires that landfill and incinerator operators and inspectors be certified by Ecology. Ecology developed chapter 173-300 WAC, Certification of Operators of Solid Waste Incinerator Landfill Facilities. For information contact Randy Martin at 360-407-6136.

Ecology is also the primary state agency for regulation of biosolids related activities. For further information see Biosolids.

Anyone who is subject to the requirements of WAC 173-350-350 Waste tire storage and transportation, engaged in the business of transporting waste tires is required to obtain a waste tire carrier license from the Washington State Department of Licensing. Go to Waste Tire Carrier and Storage Site Licenses for additional information.

Publications | Laws and Regs | Solid Waste & Recycling Data | Biosolids | Moderate Risk Waste
Beneficial Use | Industrial Facilities | Sustainability, Waste Reduction & Recycling