Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-350 - Solid waste handling standards › Section 173-350-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 applies to facilities and activities that manage solid wastes as that term is
			 defined in WAC
			 173-350-100 or
			 determined in WAC 173-350-021. Facilities handling solid waste must comply with
			 the standards of all applicable sections of this chapter.
(2) This chapter does not apply to the
			 following:
(a) Overburden from mining
			 operations intended for return to the mine;
(b) Wood waste used for ornamental, animal
			 bedding, mulch and plant bedding, or road building purposes;
(c) Wood waste directly resulting from the
			 harvesting of timber left at the point of generation and regulated under
			 chapter 76.09 RCW, Forest practices;
(d) Land application of livestock manure and
			 bedding, crop residue, and on-farm vegetative waste at agronomic
			 rates;
(e) Mushroom substrate
			 production when materials that are not solid waste (such as processed chicken
			 manure) are used in the production;
(f) Single-family residences and
			 single-family farms whose year round occupants engage in solid waste disposal
			 regulated under WAC
			 173-351-700(4);
(g) Clean soil and clean dredged material as
			 defined in WAC
			 173-350-100;
(h) The following activities when regulated
			 under section 404 or 401 of the Clean Water Act (33 U.S.C. Sec. 1344 or 1341)
			 or section 10 of the Rivers and Harbors Act (33 U.S.C. Sec. 403):
(i) Management of dredged material, as
			 defined in  40 C.F.R. Sec. 232.2, prior to placement into surface water or onto
			 land;
(ii) Placement of dredged
			 material, as defined in  40 C.F.R. Sec. 232.2, into surface water or onto land
			 where there will be runoff or return water to surface water.
(i) Biosolids that are managed
			 under chapter 173-308 WAC, Biosolids management;
(j) Domestic septage taken to a sewage
			 treatment plant permitted under chapter 90.48 RCW, Water pollution
			 control;
(k) Liquid wastes, the
			 discharge or potential discharge of which is regulated under federal, state or
			 local water pollution permits;
(l)
			 Domestic wastewater facilities and industrial wastewater facilities otherwise
			 regulated by federal, state, or local water pollution permits;
(m) Dangerous wastes fully regulated under
			 chapter 70.105 RCW, Hazardous waste management, and chapter 173-303 WAC,
			 Dangerous waste regulations;
(n)
			 Special incinerator ash regulated under chapter 173-306 WAC, Special
			 incinerator ash management standards;
(o) PCB wastes regulated under 40 C.F.R. Part
			 761, Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution
			 in Commerce, and Use Prohibitions, except for:
(i) PCB household waste; and
(ii) PCB bulk product wastes identified in  40
			 C.F.R. Part 761.62 (b)(1)  that are disposed of in limited purpose
			 landfills;
(p)
			 Radioactive wastes, defined by chapter 246-220 WAC, Radiation
			 protection-General provisions, and chapter 246-232 WAC, Radioactive
			 protection-Licensing applicability;
(q) Landfilling of municipal solid waste
			 regulated under chapter 173-351 WAC, Criteria for municipal solid waste
			 landfills;
(r) Intermodal
			 facilities as defined in WAC
			 173-350-100;
(s) Collection, transport, and
			 sale of used goods and materials solely for the purpose of reuse as defined in
			 WAC
			 173-350-100;
(t) Solid waste handling facilities that have
			 engaged in closure and closed before the effective date of this
			 chapter;
(u) Commercial fertilizers
			 registered with the Washington state department of agriculture and managed in
			 accordance with the provisions of chapter 15.54 RCW, Fertilizers, minerals, and
			 limes, and rules adopted thereunder;
(v) Manufactured topsoil, as defined in WAC
			 173-350-100, composed
			 only of clean soil and clean dredged material, composted materials, wood waste,
			 or other commercial products (e.g., bioretention soil media, water retaining
			 crystals, or registered commercial fertilizers or liming agents);
(w) Engineered soil, as defined in WAC
			 173-350-100, when
			 reused, as defined in WAC
			 173-350-100, in
			 another construction project for the same engineering properties;
(x) Management of soil or dredged material
			 within a contaminated site as part of a removal or remedial action under
			 chapter 70.105D RCW, Hazardous waste cleanup- Model Toxics Control Act, chapter
			 90.48 RCW, Water pollution control, or  42 U.S.C. Sec. 9601  et seq.,
			 Comprehensive Environmental Response, Compensation, and Liability Act. However,
			 the department may determine that the requirements of this chapter are relevant
			 and appropriate to such a removal or remedial action under WAC
			 173-340-710;
(y) Contaminated soil, as defined in WAC
			 173-350-100, removed
			 from the ground, not altered by additional contaminants, and placed or stored
			 back at or near the location of generation within a project site. This
			 exclusion is not meant to allow distant movement of materials within large or
			 linearly long project sites to new locations that could potentially create new
			 environmental impacts;
(z) Steel
			 slag that is a primary product of production in the electric arc steel-making
			 process, produced to specification, managed as an item of commercial value, and
			 placed in commerce for general public consumption, if the steel slag material
			 is not abandoned, discarded, or placed in the solid waste stream;
(aa) Organic materials, as defined in WAC
			 173-350-100, used for
			 animal feed or to create animal feed;
(bb) Management of routine livestock
			 mortalities when managed in compliance with WAC
			 16-25-025(1), (4),
			 (6), or (8), disposal of dead
			 livestock;
(cc) Management of
			 routine nonlivestock animal mortalities by burial, incineration in a unit with
			 a design capacity of less than twelve tons per day, natural decomposition, or
			 rendering, when managed in compliance with WAC
			 246-203-121,
			 general sanitation;
(dd) Materials
			 used in research and development activities intended to evaluate, develop, or
			 demonstrate potential new or improved beneficial use, reuse, or recycling
			 methods or technologies for solid wastes conducted by qualified persons in
			 controlled laboratory, bench scale, or pilot study conditions at the facility
			 at which the materials are generated, at another facility owned or operated by
			 the generator, at an institution of higher education as defined in RCW
			 28B.10.-016, at a higher education institution as defined in
			 RCW    28B.07.020, or at
			 a public or private laboratory or other facility contracted by the waste
			 generator or institution to conduct such activities. These activities include
			 the research and development operations, the separation, collection, transport,
			 and transfer of such materials in support of those operations. Solid wastes
			 handled in connection with such activities shall be reasonably limited to
			 quantities needed to conduct the research and development project(s), and any
			 excess or residual of such materials remaining after such activities and any
			 solid waste generated by such activities shall be handled in accordance with
			 this chapter or chapter 173-303 WAC, Dangerous waste regulations, as
			 applicable; and
(ee) In accordance
			 with
			 RCW
			    70.95.207 an authorized collector of covered
			 drugs regulated under chapter 69.48 RCW is not required to obtain a permit
			 under
			 RCW
			    70.95.170 unless the authorized collector is
			 required to obtain a permit under
			 RCW
			    70.95.170 as a consequence of activities that
			 are not directly associated with the collection facility's activities under
			 chapter 69.48 RCW.