Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-800 - Permit requirements for dangerous waste management facilities

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
			 WAC 173-303-800 through
			 173-303-840
			 is to establish the requirements for permits which will allow a dangerous waste
			 facility to operate without endangering the public health and the
			 environment.
(2) The owner/operator
			 of a dangerous waste facility that treats, stores, or disposes (TSD) dangerous
			 waste must have a permit issued, or obtain a permit, in accordance with WAC
			 173-303-800 through
			 173-303-840.
			 When required by this chapter, the owner/operator of a dangerous waste facility
			 that transfers or recycles dangerous waste must also obtain a permit, in
			 accordance with this section through WAC
			 173-303-840.
			 The dangerous waste permit must cover the active life, closure period,
			 groundwater protection compliance period, and for any regulated unit (as
			 defined in WAC
			 173-303-040)  or for
			 any facility which at closure does not meet the removal or decontamination
			 limits of WAC
			 173-303-610(2)(b),
			 post-closure care period, unless the owner/operator can demonstrate closure by
			 removal or decontamination as provided under WAC 173-303-800(9) and (10), or
			 obtain an enforceable document in lieu of a post-closure permit, as provided
			 under subsection (12) of this section. If a post-closure permit is required,
			 the permit must address applicable groundwater monitoring, unsaturated zone
			 monitoring, corrective action, and post-closure care requirements of this
			 chapter. The denial of a permit for the active life of a dangerous waste
			 management facility or unit does not affect the requirement to obtain a
			 post-closure permit under this section.
(3) TSD facility permits will be granted only
			 if the objectives of the siting and performance standards set forth in WAC
			 173-303-282 and
			 173-303-283
			 are met.
(4) Permits will be issued
			 according to the requirements of all applicable TSD facility
			 standards.
(5) The owner/operator
			 of a TSD facility is responsible for obtaining all other applicable federal,
			 state, and local permits authorizing the development and operation of the TSD
			 facility.
(6) The terms used in
			 regard to permits which are not defined in WAC
			 173-303-040 have the
			 same meanings as set forth in
			 40
			 C.F.R. 270.2.
(7) Exemptions.
(a) A permit for an on-site cleanup action
			 may be exempted as provided in a consent decree or order signed by the
			 department and issued pursuant to chapter 70.105D RCW.
(b) A permit is not required for an on-site
			 cleanup action performed by the department pursuant to chapter 70.105D
			 RCW.
(c) Further exemptions.
(i) A person is not required to obtain a
			 dangerous waste permit for treatment or containment activities taken during
			 immediate response to any of the following situations:
(A) A discharge of a dangerous
			 waste;
(B) An imminent and
			 substantial threat of a discharge of dangerous waste;
(C) A discharge of a material that, when
			 discharged, becomes a dangerous waste;
(D) An immediate threat to human health,
			 public safety, property, or the environment from the known or suspected
			 presence of military munitions, other explosive material, or an explosive
			 device, as determined by an explosive or munitions emergency response
			 specialist as defined in WAC
			 173-303-040.
(E) In the case of emergency responses
			 involving military munitions, the responding military emergency response
			 specialist's organizational unit must retain records for three years
			 identifying the dates of the response, the responsible persons responding, the
			 type and description of material addressed, and its disposition.
(ii) Any person who continues or
			 initiates dangerous waste treatment or containment activities after the
			 immediate response is over is subject to all applicable requirements of this
			 chapter for those activities.
(iii)
			 Universal waste handlers and universal waste transporters (as defined in WAC
			 173-303-040) 
			 handling the wastes listed below are not required to obtain a dangerous waste
			 permit. These handlers are subject to regulation under WAC
			 173-303-573,
			 when handling the below listed universal wastes.
(A) Batteries as described in WAC
			 173-303-573(2);
(B) Mercury-containing equipment as described
			 in WAC
			 173-303-573(3);
			 and
(C) Lamps as described in WAC
			 173-303-573(5).