(1) Waste-derived soil amendments that meet the standards and criteria in this section may apply for exemption from solid waste permitting as required under RCW 70A.205.120. The application shall be submitted to the department in a format determined by the department or an equivalent format. The application shall include:
(a) Analytical data showing that the waste-derived soil amendments meet standards established under RCW 15.54.800; and
(b) Other information deemed appropriate by the department to protect human health and the environment.
(2) After receipt of an application, the department shall review it to determine whether the application is complete, and forward a copy of the complete application to all interested jurisdictional health departments and the department of agriculture for review and comment. Within forty-five days, the jurisdictional health departments and the department of agriculture shall forward their comments and any other information they deem relevant to the department, which shall then give final approval or disapproval of the application. The department of agriculture's comments must be limited to addressing whether approving the application risks spreading disease, plant pathogens, or pests to areas that are not under a quarantine, as defined in RCW 17.24.007. Every complete application shall be approved or disapproved by the department within ninety days after receipt.
(3) The department, after providing opportunity for comments from the jurisdictional health departments and the department of agriculture, may at any time revoke an exemption granted under this section if the quality or use of the waste-derived soil amendment changes or the management, storage, or end use of the waste-derived soil amendment constitutes a threat to human health or the environment.
(4) Any aggrieved party may appeal the determination by the department in subsection (2) or (3) of this section to the pollution control hearings board.
[ 2020 c 20 § 1175; 2016 c 119 § 7; 1998 c 36 § 18. Formerly RCW 70.95.205.]
NOTES:
Intent—1998 c 36: See RCW 15.54.265.
Short title—1998 c 36: See note following RCW 15.54.265.