STATE OF WASHINGTON



### DEPARTMENT OF ECOLOGY

P.O. Box 47600 z Olympia, Washington 98504-7600 (360) 407-6000 z TDD Only (Hearing Impaired) (360) 407-6006



### Memorandum of Understanding

Washington State Depa rtment of Ecology

And Washington State Dental Association

Parties

The Washington State Department of Ecology (“Ecology”) is the st ate’s environmental agency that has enforcement responsibility under federal and state water and waste environmental laws for the purpose of this Memorandum of Understanding (MOU). Ecology has delegated permitting and compliance authority an d responsibility for implementing the federal Clean Water Act pretreatment program to the fo llowing municipal jurisd ictions: Everett, King County (Metro/King County se rvice area), Lynnwood, Olympi a (LOTT), Pierce County (Chambers Creek service area), Port Angeles, Richland, Spok ane, City of Tacoma, Vancouver, and Yakima. These jurisdictions are the wast ewater management authorities for the local sewerage systems pertinent to dental offices in these areas.

The Washington State Dental Association (“WS DA”) is a voluntary membership association of Washington dentists.

The parties recognize there are an estimated 2,600 dental offices in Washington State.

Purpose of MOU

Both Parties acknowledge the importance of implementing mercury reduction actions published in the Washington State Mercury Chemical Action Plan, “Dental FacilitiesRecommended Actions.”

Ecology’s objective is to reduce the amount of dental amalgam waste that may now be discharged from dental offices to sewer treatment plants or into privately-owned onsite septic systems. The purpose of the MOU is to recogn ize WSDA’s and Ecology’s mutual desire to achieve compliance and protect Washington’s en vironment within the term of this MOU by timely incorporation of best management practic es regarding regulated waste management in Washington State dental offices.

Through their mutual discussion of dental am algam waste issues, Ecology’s representatives and the WSDA Task Force on Dental Amalgam Waste determined the common objectives ofAugust 1, 2003 Page 2 Ecology and the WSDA are most likely to be achieved by implementing the steps outlined

below in this MOU.

Nature of MOU

The MOU addresses the effective manageme nt and disposal of mercury generated from dental practice such that the water and wa ste regulations are complied with to protect Washington’s environment. The advocacy of BMPs in this MOU does not address dental standards of practice related to therapeu tic use and placement of amalgam fillings.

Ecology is exercising its prosecu torial discretion to pursue a voluntary compliance strategy with WSDA to achieve a significant reduction of mercury waste from dental offices. This achievement will be consistent with the goals of the Washington State Mercury Chemical Action Plan, (Department of Ecology Public ation No. 03-03-001, January 2003).

WSDA supports the science th at supports the safety of dental amalgam. The WSDA cannot bind its membership, but joins in this M OU to advocate with dentists to voluntarily adopt amalgam best management practices (BMPs) described herein. The WSDA has as one of its purposes the advancement of th e science of dentistry. This incl udes progress in the effective management of dental amalgam waste.

Best Management Practices

Ecology and WSDA each will support and advocate that dental offices implement best management practices (BMP) concerning dental amalgam waste as follows:

1. Install, use and maintain Internationa l Standards Organiza tion (ISO) certified amalgam separators. Installation applies to al l offices regardless of sewer disposal type (public system or septic), but would not apply to practices th at are restricted exclusively to these dental specialties: Orthodontics and Dentofacial Orthopedics; Oral and Maxillofacial Surgery; Oral Medici ne and Pathology; Oral and Maxillofacial Radiology; Periodontics; and Endodontics and Prosthodontics, provided amalgam fillings are neither placed nor removed in these practices or are only placed or removed on less than 10 pract ice days during the year. 2. Collect all amalgam waste (bot h scrap and contact amalgam) in separate container. No dangerous waste or amalgam is to be pl aced in the infectious waste “red bag.” 3. Properly manage and dispose of all othe r dangerous waste streams generated by the dental office (e.g., x-ray wast es, or lead foils/aprons). 4. Properly dispose of all scrap amalgam waste from traps, filters and separators with a licensed treatment, storage, di sposal or recycling facility. 5. Keep amalgam out of sinks and never rinse amalgam waste down the drain. 6. Clean or replace chair-side traps on a re gular schedule and properly dispose of amalgam waste. 7. Clean vacuum pump filters regula rly, according to the manufacturer’s

recommendations. 8. Maintain all disposal record s on site for three (3) years.August 1, 2003 Page 3 Statewide Dental Amalgam Wast e Reduction Education and Outreach

Ecology and WSDA will jointly develop a st atewide dental amalgam waste reduction strategy of specific actions to in form dental offices about releva nt law and regulation regarding management of dental amalgam waste and to encourage voluntary implementation of BMPs for dental offices. The focus of the outreach will be to distribute the BMPs and spell out dentist’s responsibilities to co rrectly manage waste dental am algam and all other dangerous wastes. Ecology will identify to WSDA appropria te recycling facili ties, hazardous waste management facilities, and modera te risk waste facilities that can be used to manage wastes from dental activities. Ecology will offer technical assistance , and if requested, will provide presentations at state or regi onal conferences or workshops. Th e strategy may use the resources available to Ecology and WSDA within the limits of each or ganization’s budget intended for this purpose. Ecology and WSDA will jointly develop a timetable for implementing actions in this strategy following mutual discus sion of both parties of the strategy.

Outcomes

The parties agree that the goal of this M OU is that Washington dental offices will implement BMPs, to be measured as follows:

1. Ecology and WSDA will jointly develop a reporting system for notification by the dental office of the installation of an amalgam separator system in the dental office. Reports will specify the date of installation, dental offi ce location and owner, model of separator, and the name, address and phone number of the installer.

2. Installation notification will be made to Ecology, the sewer treatment plan permit holder within which jurisdiction the de ntal office is located, and to the WSDA at the end of each quarter of the year.

3. Prior to August 2004, Ecology and WSDA will conduct a survey of dentists to establish

a baseline level verification of dental offices following the pr escribed BMPs. A second survey will be conducted prior to Augus t 2005 to determine if the number of dental offices following the BMPs has increased. Results of the survey will be shared with local governments.

During the transition outlined in this MOU, it is understood to be a voluntary program by dental offices. Ecology will not seek to require de ntal offices to have new discharge permits or compliance reporting while this MOU is in effect but will have enforcement discretion to apply applicable laws and regulations to dental offices upon completion of the effective date of this

MOU.

Each year within a few months after the re port count is available, WSDA and Ecology representatives will meet to review and discuss progress made and whether any practical, additional steps could be effective to achie ve a higher rate of voluntary participation.August 1, 2003 Page 4 Both Parties are committed to achieving complia nce through this MOU. At the termination date of this MOU, our agreed goal is that dental offices in the State of Washington will be operating under the prescribed BMPs and ma naging mercury waste in a proper manner, consistent with the Washington State Mercury Chemical Action Plan recommendations.

Notification

Communications and notices between the parties will be as follows:

If to Ecology: Michael J. Gallagher Mercury Chemical Action Plan Coordinator Department of Ecology E nvironmental Assessment Program

P.O. Box 47600 Olympia, WA 98504-7600

If to WSDA: David Hemion

Assistant Executive Director Washington State Dental Association

2033 6th Avenue Suite 333 Seattle, WA 98121

Recognition

Ecology and WSDA will encourage dental offi ces to self-report compliance on separator installation and implementation of BMPs. Dental offices will be instru cted to submit their reports to Ecology, which will provide copies to WSDA at the end of each quarter of the year.

Ecology and WSDA agree to pr ovide a “certificate of rec ognition” program to identify those dental offices that have met the require ments of this MOU. Dental offices submitting a notice in general conformity w ith the above reporting provisions for separator installation and BMP will be provided within thirty (30) days with a certificate of recognition. A proposed example is attached as Exhibit A.

Effectiveness

This MOU will take effect on the date signed by Ecology once approved by the WSDA Board of Directors, and remain in effect for a pe riod of two (2) years from the date of signature by Ecology.

Executed to take effect as stated above.August 1, 2003 Page 5August 1, 2003 Page 6 Exhibit A

Certification of Recognition

The dental office of Dr.

__________________________ follows waste-disposal best management practices in accordance with recommendation of the State Department of Ecology and the Washington State Dental Association.

The State of Washington and WSDA express appreciation.

By Title, Washington State Department of Ecology

By

President

, Washington State Dental Association