A. 
The owner, operator, or occupant of any premises, business establishment, or industry, including waste haulers, generators, and operators of disposal sites, shall be responsible for the satisfactory and legal arrangement for the handling and disposal of all solid waste generated or accumulated on the property.
B. 
No solid waste storage, treatment, processing, handling or disposal facility shall be maintained, established, substantially altered, expanded or improved until the person engaged in solid waste activity or owning the site has obtained a solid waste handling permit, solid waste permit deferral, categorical permit exemption, or a beneficial use permit exemption.
C. 
Solid waste permits issued under Chapter 173-350 WAC 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.
D. 
Cowlitz County may enter into an agreement with the Department of Ecology providing for the exercise by the Department of Ecology of any power that is granted to Cowlitz County under Chapter 70.95 RCW. Cowlitz County shall have the approval of the Board of County Commissioners prior to entering into any such agreement with the Department of Ecology.
(Ord. 04-061 § II(A), 3-30-2004)
A. 
Recycling. All facilities engaged in recycling solid waste shall comply with WAC 173-350-210, as adopted, unless exempt herein.
B. 
Composting Facilities. All facilities or sites that treat solid waste by composting shall comply with WAC 173-350-220, as adopted, unless exempt herein.
C. 
Land Application. All facilities engaged in landspreading disposal of solid wastes shall comply with WAC 173-350-230, as adopted herein.
D. 
Energy Recovery and Incineration. All facilities designed to burn more than 12 tons of solid waste or refuse-derived fuel per day shall comply with WAC 173-350-240, as adopted, unless exempt herein.
E. 
On-Site Storage, Collection, and Transportation Standards. Any premises, business establishment, or industry temporarily storing solid waste in a container, or collecting and transporting solid waste shall comply with WAC 173-350-300, as adopted, with the following additions:
1. 
Infectious waste collection/transportation vehicles used by permitted infectious waste transporters shall have a leak-proof fully enclosed vehicle compartment of a durable, easily cleanable construction, and shall be identified on each side of the vehicle with the name or trademark of the infectious waste transporter. Collection, transportation, and disposal of infectious waste are subject to approval by the Department.
2. 
The Department may, under appropriate conditions, require disinfections of any vehicle. Vehicles transporting solid waste shall be cleaned frequently to prevent rodent, vector and odor nuisances. All wastewater from vehicle cleaning shall be disposed of in an approved manner into a sanitary sewer system, unless otherwise authorized by the Department.
F. 
Intermediate Solid Waste Handling Facilities. Facilities engaged in solid waste handling that provide intermediate storage and/or processing prior to transport for final disposal shall comply with WAC 173-350-310 as adopted, unless exempt herein.
G. 
Piles Used for Storage or Treatment. All facilities engaged in the storing or treating of solid waste in piles shall comply with WAC 173-350-320, as adopted, unless exempt herein.
H. 
Surface Impoundments and Tanks. All facilities utilizing surface impoundments for solid waste shall comply with WAC 173-350-330, as adopted.
I. 
Waste Tire Storage and Transportation. All facilities engaged in the storage of tires shall comply with WAC 173-350-350, as adopted.
J. 
Moderate Risk Waste Handling. Any person or facility transporting or handling solid waste categorized as moderate risk waste shall comply with WAC 173-350-360 as adopted, unless exempt herein.
K. 
Limited Purpose Landfills. All applicable landfills shall comply with WAC 173-350-400, as adopted.
L. 
Inert Waste Landfills. All applicable landfills accepting only inert wastes, as defined in WAC 173-350-990, shall comply with WAC 173-350-410, as adopted.
M. 
Other Methods of Solid Waste Handling. Any person engaged in other methods of solid waste handling not specifically identified or excluded in Chapter 173-350 WAC shall comply with WAC 173-350-490 as adopted.
(Ord. 04-061 § II(B), 3-30-2004)
A. 
Beneficial Use Permit Exemption. Pursuant to RCW 70.95.300, the Department of Ecology may exempt a solid waste activity from the permitting requirements for one or more beneficial uses by approving an application for such an exemption. The Department of Ecology shall consider whether the material will be beneficially used or reused and whether the beneficial use or reuse of the material poses any threat to human health or the environment. Persons seeking such an exemption shall apply to the Department of Ecology under the procedures established in WAC 173-350-200. Every complete application shall be approved or disapproved by the Department of Ecology within 90 days of receipt.
B. 
Categorical Exemptions. Any owner or operator seeking a categorical exemption for recycling, composting, energy recovery, material recovery facilities, moderate risk waste or inert waste landfills shall apply to the Department for the specific exemption.
1. 
The Department is authorized to require a permit application where any disposal, recycling or reclamation of solid wastes is occurring, irrespective of whether or not the facility or site might ultimately be exempt from permit requirements, if the responsible official determines that application information is necessary to determine the nature of the site or operation.
2. 
The Department shall review the application materials for compliance with the exemption conditions of Chapter 173-350 WAC. The Department shall inspect the site and observe solid waste activities prior to issuing exemption approvals. An exemption of applicable solid waste handling permits shall be approved when the Department determines that the solid waste handling facility presents little or no environmental risk, and that it meets the environmental protection and performance requirements required for other similar solid waste facilities.
C. 
Exemptions shall be renewed on an annual basis.
D. 
Any person engaged in solid waste activity under a categorical exemption that does not comply with the terms and conditions of the exemption shall obtain a solid waste permit in accordance with Chapter 70.95 RCW, Chapter 173-350 WAC and this regulation.
E. 
Violations of the terms and conditions of categorical exemptions are subject to the penalty provisions of RCW 70.95.315, not to exceed $1,000 per day per violation to any person exempt from solid waste permitting who fails to comply with the terms and conditions of the exemption. Each such violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance shall be a separate and distinct violation.
(Ord. 04-061 § II(C), 3-30-2004)
A. 
Any owner or operator required to obtain a permit or permit exemption shall apply for such from the Department, on forms supplied by the Department. All applications shall include two signed copies of the application and related materials. An application shall not be considered complete until the required information under WAC 174-350-715 has been submitted.
B. 
If an application for a permit or permit exemption is determined incomplete, the Department may deny the application. In such a case, if the application is made factually complete within six months of its denial, it shall be considered to be a continuation of the initial application. Thereafter, submittal of additional data or changes to the original application shall be considered a new application. Reapplication for a permit or permit exemption involving substantially the same proposal shall not be considered for two months.
C. 
Application fees are nonrefundable.
D. 
Application procedures and requirements shall be in accordance with WAC 173-350-710 and 173-350-715.
(Ord. 04-061 § II(D), 3-30-2004)
A. 
When the Department has evaluated all pertinent application materials, the Department may issue or deny a permit or an exemption. Solid waste permit applications or exemptions shall be approved or denied within 90 days of their receipt by the Department.
B. 
Every permit or exemption approval shall be valid for a period not to exceed one year, effective the date of issuance, through January 31st of the following year.
C. 
A copy of every permit and exemption shall be filed with the Department of Ecology within seven days of issuance. The Department of Ecology shall review permits in accordance with RCW 70.95.185 and report its findings to Cowlitz County within 30 days after the permit issuance. The Department of Ecology may appeal the issuance of the permit by Cowlitz County to the Pollution Control Hearings Board, as described in Chapter 43.21B RCW, for noncompliance with RCW 70.95.185.
D. 
The Department is authorized, at its discretion, to issue one permit for a location where multiple solid waste handling activities occur, if it is determined that all activities meet the applicable requirements of this regulation.
(Ord. 04-061 § II(E), 3-30-2004)
A. 
Any significant change to the operation, design, capacity, performance, or monitoring of a permitted facility may require a modification to the permit. Modification procedures are in accordance with WAC 173-350-710.
B. 
Upon receipt of an application for a permit modification, the Department shall forward one copy of the application to the Department of Ecology which shall review and report its findings to Cowlitz County.
C. 
The Department shall investigate every application, as may be necessary, to determine whether the proposed modification to the site or facilities meets all solid waste, air, and other applicable laws and regulations, and conforms with the approved comprehensive solid waste handling plan, and complies with all zoning requirements.
(Ord. 04-061 § II(F), 3-30-2004)
A. 
Any permit or categorical exemption for a solid waste handling facility or activity shall be subject to suspension at any time by the Department if it is determined that the site or facilities are being operated in violation of this regulation, Chapter 173-350 WAC, or other laws and regulations.
B. 
Whenever the Department denies or suspends a solid waste permit, it shall, upon request of the applicant or permit holder, grant a hearing on such denial or suspension within 30 days after the request is made.
C. 
The Department shall give notice of the hearing to all interested parties. Within 30 days after the hearing, the Department shall notify the applicant or permit holder, in writing, of their determination and the reasons therefor. Any party aggrieved by such determination may appeal to the Pollution Control Hearings Board by filing a notice with the Hearings Board within 30 days after receipt of the notice of determination. The Hearings Board shall hold a hearing in accordance with the provisions of the Administrative Procedure Act, Chapter 34.05 RCW.
D. 
If the Department denies or suspends a permit for a waste recycling facility currently in operation that receives waste from more than one city or county, and the applicant or permit holder requests a hearing or files an appeal, the permit denial or suspension shall not be effective until the completion of the appeal process; providing, that the Department determines the continued operation of the waste recycling facility does not pose an immediate health hazard to human health or the environment.
(Ord. 04-061 § II(G), 3-30-2004)
A. 
Pursuant to WAC 173-350-710(8), the Department may, at its discretion and with the approval of the Department of Ecology, waive the requirement for a solid waste permit if other air, water, or environmental permits are issued for the same facility; provided, that the applicant and the Department demonstrate that other permits for the facility or site will provide an equivalent or superior level of protection for human health and the environment.
B. 
Any person who owns or operates a solid waste handling facility subject to a solid waste permit may apply to the Department for permit deferral.
C. 
This deferral process does not apply to any transfer station, landfill, or incinerator that receives municipal solid waste destined for final disposal.
D. 
If, before June 11, 1998, either the Department of Ecology or Cowlitz County has deferred solid waste permitting or regulation under other environmental permits for the same facility, such deferral is valid and shall not be affected by the rules developed under RCW 70.95.310.
E. 
The Department shall notify the applicant, in writing, of a deferral if it elects not to waive the requirements of a solid waste permit. If the Department elects to proceed with the deferral, the requirements of WAC 173-350-710(8) shall be in effect.
(Ord. 04-061 § II(H), 3-30-2004)
A. 
It shall be the responsibility of the facility owner/operator to apply for permit/exemption renewals annually on, or before, January 1st of each year. Solid waste handling permit renewals or exemptions shall be valid for a period of one year, beginning February 1st of each year.
B. 
Prior to renewal of a permit or a categorical exemption, the Department shall conduct a review as it deems necessary to assure that the solid waste handling facility(ies) or activity(ies) continue to meet minimum functional standards of Chapter 173-350 WAC, this regulation, other local regulations, and are not in conflict with the approved solid waste management plan.
C. 
The Department shall approve or disapprove a permit renewal or categorical exemption within 45 days of conducting its review.
D. 
The Department shall forward permit and exemption renewals to the Department of Ecology for review, in accordance with RCW 70.95.190. The Department of Ecology shall report its findings in writing to Cowlitz County. The Department of Ecology may appeal permit renewals, in accordance with RCW 70.95.185.
(Ord. 04-061 § II(I), 3-30-2004)
Criteria for determining if a specific solid waste is inert waste shall be established in WAC 173- 350-990. Dangerous wastes regulated under Chapter 173-303 WAC, Dangerous Waste Regulation, PCB wastes regulated under 40 CFR Part 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions, and asbestos-containing waste regulated under 40 CFR Part 61 are not inert wastes.
(Ord. 04-061 § II(N), 3-30-2004)
A. 
Variances of any section of this regulation or Chapter 173-350 WAC may be applied for by any person who owns or operates a solid waste handling facility subject to a solid waste permit, under this regulation and WAC 173-350-700. Variances shall be in written form and shall include sufficient information to determine the applicability of the variance.
B. 
No variance shall be granted for requirements specific to Chapter 70.95 RCW, Solid Waste Management – Reduction and Recycling.
C. 
The Department shall grant a variance only after due notice or a public hearing, if requested, if it determines that the variance complies with requirements set forth in WAC 173-350-710(7).
D. 
No variance shall be granted by the Department without the prior approval and written concurrence of the Department of Ecology.
(Ord. 04-061 § II(O), 3-30-2004)
A. 
Inspections of solid waste facilities and activities shall be performed by the Department at a minimum of once per year.
B. 
All facilities, sites, and activities shall be physically inspected prior to issuance of a permit, permit renewal, modification, variance, exemption or after a complaint has been filed with the Department.
C. 
Any duly authorized representative of the Department may enter and inspect any property, premises or place at any reasonable time for the purpose of determining compliance with this regulation, and other relevant laws and regulations.
D. 
Findings shall be documented and kept on file. A copy of the inspection report shall be furnished to the site operator, upon request.
E. 
If, during inspections of solid waste facilities, the Department observes waste suspected of being regulated dangerous waste, the Department shall have the authority to require the site operator to segregate and hold any such waste.
1. 
If it is determined by the Department that testing is required to identify the waste, the generator shall be responsible for such analysis.
2. 
The site owner, operator, or attendant shall have authority not to accept suspect waste.
3. 
The site owner or operator shall assume responsibility of disposal of the waste, if the generator is unknown.
4. 
The site operator shall maintain records of loads refused as suspected dangerous waste to include, at a minimum, name and address of the generator and transporting vehicle, description of waste, and reason for refusal. The site operator shall refer this information to the Department as soon as possible.
(Ord. 04-061 § II(P), 3-30-2004)
The Cowlitz County Board of Health may establish fees for solid waste reviews for permits, permit exemptions, permit and exemption renewals, and inspections performed as a function of this regulation. The fees shall be deposited in the treasury and to the account which the Department's operating expenses are paid. Fee schedules are subject to periodic review and adjustment by the Board of Health.
(Ord. 04-061 § II(Q), 3-30-2004)
A. 
Any person violating Article II of this chapter shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or by imprisonment not to exceed 90 days or by both fine and imprisonment. Each violation of this section of this chapter shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance shall be a separate and distinct violation.
B. 
It shall also be a violation to:
1. 
Fail to make a timely application for a permit as required in this chapter;
2. 
Fail to make application for a permit if directed to do so by the Department;
3. 
Submit a fraudulent or false application; or
4. 
Operate without a permit until a review has been completed and a determination made.
(Ord. 04-061 § II(R), 3-30-2004)