Depending on the type of energy facility, a certificate holder may need to follow federal, state, and local rules that limit the types and amounts of environmental discharge. We issue most environmental permits needed to ensure all facilities operate within these legal limits.
Steps in Permits and compliance
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Types of permits for energy facilities
A proposed facility may need the following permits:
Air quality permits
Depending on project type, applicants may need to receive air quality permits, such as a Prevention of Significant Deterioration (PSD) permit or an Air Operating Permit (AOP). The permits describe the components and levels of contaminants that a facility can legally release into the air. The federal Environmental Protection Agency (EPA) has given us the authority to issue these permits.
Before we issue or renew these permits, an applicant or certificate holder must show evidence that a facility will meet or meets all standards of the local, state, and federal Clean Air acts. The permits also outline all the requirements for monitoring and reporting and conditions for enforcement.
Water permit
A National Pollutant Discharge Elimination System (NPDES) permits allows a facility to release waste into state waters. The EPA has given us the authority to issue this permit.
Before we issue or renew an NPDES, an applicant or certificate holder must show evidence that the facility will meet or meets all standards of the state and federal Clean Water acts. The permit also outlines all the requirements for monitoring and reporting and conditions for enforcement.
Water right permit
The Department of Ecology issues permits for water rights, which are good for five years. They only cover the amount of water a facility needs to operate.
Certificate holders will need to submit this permit before starting construction. They will also need to show proof that:
- They are in good standing
- Their certificate has not expired due to non-use
Road revision permit
Depending on the results of a traffic impact analysis, a certificate holder may need a road revision permit. If so, they’ll need to work with us and the public works department with authority over the local, state, or federal road.
Other permits a facility may need
- Noise permit
- Hazardous waste permit
Penalties for permit violations
If a certificate holder violates the terms of their permits or Site Certification Agreement (SCA), they may face:
- A $10,000 per day fine for each violation
- Other penalties under state law
Each violation is a separate offense. If a violation continues for multiple days, we consider each day to be a separate offense.
Taking any action in support of a violation is also an offense, and the same penalties in this section apply.
Receiving and appealing penalty notices
We send written penalty notices by certified mail or having someone personally deliver them.
If a certificate holder disagrees with our decision to charge a penalty, they can file an appeal with a superior court within 30 days of receiving the notice.
Related steps
We handle applications for air and water permits at the same time as we conduct an environmental review of the application for site certification and consider the proposed facility's consistency with land use ordinances.
