reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-410 - Transfer stations, baling and compaction systems, and drop box facilities

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Applicability. All transfer stations, baling and compaction systems and drop
			 boxes receiving solid waste from offsite shall meet the requirements of this
			 section. Facilities receiving solid waste from on-site shall meet the
			 requirements of WAC
			 173-304-200.
(2) Transfer stations, baling and compacting
			 systems standards. Transfer stations, baling and compaction systems shall be
			 designed, constructed, and operated so as to:
(a) Be surrounded by a fence, trees,
			 shrubbery, or natural features so as to control access and be screened from the
			 view of immediately adjacent neighbors, unless the tipping floor is fully
			 enclosed by a building;
(b) Be
			 sturdy and constructed of easily cleanable materials;
(c) Be free of potential rat harborages, and
			 provide effective means to control rodents, insects, birds and other
			 vermin;
(d) Be adequately screened
			 to prevent blowing of litter and to provide effective means to control
			 litter;
(e) Provide protection of
			 the tipping floor from wind, rain or snow other than below grade bins or
			 detachable containers;
(f) Have an
			 adequate buffer zone around the operating area to minimize noise and dust
			 nuisances, and for transfer stations, baling, or compaction systems, a buffer
			 zone of fifty feet from the active area to the nearest property line in areas
			 zoned residential;
(g) Comply with
			 local zoning and building codes including approved local variances and
			 waivers;
(h) Provide pollution
			 control measures to protect surface and groundwaters, including runoff
			 collection and discharge designed and operated to handle a twenty-four hour,
			 twenty-five year storm and equipment cleaning and washdown water;
(i) Provide all-weather approach roads, exit
			 roads, and all other vehicular areas;
(j) Provide pollution control measures to
			 protect air quality including a prohibition against all burning and the
			 development of odor and dust control plans to be made a part of the plan of
			 operation in WAC
			 173-304-405(2);
(k) Prohibit scavenging;
(l) Provide attendant(s) on-site during hours
			 of operation;
(m) Have a sign that
			 identifies the facility and shows at least the name of the site, and, if
			 applicable, hours during which the site is open for public use, what
			 constitutes materials not to be accepted and other necessary information posted
			 at the site entrance;
(n) Have
			 communication capabilities to immediately summon fire, police, or emergency
			 service personnel in the event of an emergency; and
(o) Remove all wastes at closure, as defined
			 in WAC 173-304-100, from the facility to
			 a permitted facility.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-420 - Piles used for storage and treatment - Facility standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
(a) This section is applicable to solid
			 wastes stored or treated in piles as defined in WAC
			 173-304-100 where putrescible
			 wastes (other than garbage) are in place for more than three weeks, other
			 wastes not intended for recycling are in place for more than three months, and
			 garbage is in place for more than three days. These standards are also
			 applicable to composting or storing of garbage and sludge in piles, and to tire
			 piles where more than eight hundred tires are stored at one facility.
(b) Other solid wastes stored or treated in
			 piles prior to waste recycling including compost piles of vegetative waste,
			 piles of woodwaste used for fuel or raw materials are subject to WAC
			 173-304-300.
(c) Waste piles stored in fully enclosed
			 buildings are not subject to these standards, provided that no liquids or
			 sludges with free liquids are added to the pile.
(d) Inert wastes and demolition wastes are
			 not subject to these standards.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-430 - Surface impoundment standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
(a) These standards are applicable to solid
			 wastes that are liquids or sludges containing free liquids as defined in WAC
			 173-304-100 and applicable under
			 WAC 173-304-015(2) and are stored or treated in surface impoundments;
(b) These standards are also applicable to
			 sludges and septage stored or treated in surface impoundments; and
(c) These standards are not applicable to:
(i) Surface impoundments whose facilities and
			 discharges are otherwise regulated under federal, state, or local water
			 pollution permits; and
(ii)
			 Retention or detention basins used to collect and store stormwater
			 runoff.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-440 - Energy recovery and incinerator standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. These standards apply to
			 all facilities designed to burn more than twelve tons of solid waste per day,
			 except for facilities burning woodwaste or gases recovered at a
			 landfill.
(2) Requirements for
			 energy recovery facilities and incinerators.
(a) Incinerators and energy recovery
			 facilities storing putrescible wastes shall be confined to storage compartments
			 specifically designed to store wastes temporarily in piles, surface
			 impoundments, tanks or containers. The storage facilities shall meet the
			 facility standards of WAC
			 173-304-400. Storage of wastes
			 other than in the specifically designed storage compartments is prohibited.
			 Equipment and space shall be provided in the storage and charging areas, and
			 elsewhere as needed, to allow periodic cleaning as may be required in order to
			 maintain the plant in a sanitary and clean condition;
(b) All residues from energy recovery
			 facilities or incinerator facilities shall be used, handled or disposed of as
			 solid or dangerous wastes according to these standards or the standards of the
			 dangerous waste regulation, chapter 173-303 WAC;
(c) Each owner or operator of an energy
			 recovery facility or incinerator facility shall comply with WAC
			 173-304-405. The plan of
			 operation shall address alternative storage, and/or disposal plans for all
			 breakdowns that would result in overfilling of the storage facility;
(d) Energy recovery facilities and
			 incinerators must be designed, constructed and operated in a manner to comply
			 with appropriate state and local air pollution control authority emission and
			 operating requirements;
(e) Each
			 owner or operator shall close their energy recovery facility or incinerator by
			 removing all ash, solid wastes and other residues to a permitted
			 facility;
(f) Each owner or
			 operator of an energy recovery facility or incinerator shall be required to
			 provide recycling facilities in a manner equivalent to WAC
			 173-304-460(4)(f);
			 and
(g) Owners or operators of
			 energy recovery facilities or incinerators shall not knowingly dispose of,
			 treat, store or otherwise handle dangerous waste unless the requirements of
			 chapter 173-303 WAC are met.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-450 - Landspreading disposal standards

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. These standards apply to
			 facilities that engage in landspreading disposal of solid wastes. These
			 standards do not apply to:
(a) Facilities
			 utilizing sludge, woodwaste or other primarily organic sludges according to the
Municipal and Domestic Sludge Utilization Guidelines
WDOE
			 82-11, specified in WAC
			 173-304-300(4) and
			 (5);
(b) Agricultural solid wastes resulting from
			 the operation of a farm including farm animal manure and agricultural residues;
			 and
(c) Inert wastes and demolition
			 wastes.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-460 - Landfilling standards

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Applicability. These standards apply to facilities that dispose of solid waste
			 in landfills except for:
(a) Inert wastes and
			 demolition wastes landfills, that must meet WAC
			 173-304-461 standards;
			 and
(b) Woodwaste landfills that
			 must meet WAC
			 173-304-462 standards.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-461 - Inert waste and demolition waste landfilling facility requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
			 These standards apply to facilities that landfill more than two thousand cubic
			 yards of inert wastes and demolition wastes, as defined in WAC
			 173-304-100, including facilities
			 that use inert waste and demolition waste as a component of fill. Inert wastes
			 and demolition wastes used as road building materials are excluded from this
			 section. These standards do not apply to asbestos containing waste regulated
			 under the federal  40 C.F.R. Part 61  rules and the dangerous waste regulation,
			 chapter 173-303 WAC.
(2) Inert
			 wastes and demolition waste landfilling facilities shall not be subject to the
			 Locational standards for disposal sites, WAC
			 173-304-130 except for WAC
			 173-304-130(2)(f),
			 slope.
(3) Owners or operators of
			 inert waste and demolition waste landfill shall maintain a record of the
			 weights or volumes and types of waste disposed of at each site.
(4) Owners or operators of inert wastes and
			 demolition landfills shall employ measures to prevent emission of fugitive
			 dusts, when weather conditions or climate indicate that transport of dust
			 offsite is liable to create a nuisance. Preventative measures include watering
			 of roads and covering.
(5) Timbers,
			 wood and other combustible waste shall be covered as needed during the summer
			 months to avoid a fire hazard.
(6)
			 Owners or operators of inert wastes and demolition landfills shall close the
			 facility by leveling the wastes to the extent practicable and shall fill any
			 voids posing a physical hazard for persons after closure and to maintain an
			 aesthetic appearance. A minimum of one foot of soil cover shall be used to
			 close landfills.
(7) Owners or
			 operators of inert waste and demolition waste landfills shall obtain a permit,
			 as set forth in WAC
			 173-304-600 from the
			 jurisdictional health department.
(8) Owners or operators of inert wastes and
			 demolition landfills shall meet the requirements of WAC
			 173-304-405(7),
			 recording with the county auditor.
(9) Owners or operators of inert waste or
			 demolition waste landfills shall not accept any other form of waste except
			 inert waste and demolition waste.
(10) Owners or operators of inert waste and
			 demolition waste landfills shall prevent unauthorized disposal during off-hours
			 by controlling entry (i.e., lockable gate or barrier) when the facility is not
			 being used.
Statutory Authority:
				  Chapter
				  43.21A RCW. 85-22-013
				  (Order 85-18), § 173-304-461, filed
				  10/28/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-462 - Woodwaste landfilling facility requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. These requirements apply
			 to facilities that landfill more than two thousand cubic yards of woodwaste
			 including facilities that use woodwaste as a component of fill. Woodwaste is
			 defined in WAC
			 173-304-100. These standards are
			 not applicable to woodwaste landfills on forest lands regulated under the
			 Forest Practices Act,
			 chapter
			 76.09 RCW.
(2) Minimum functional standards.
(a) Woodwaste landfills are not subject to
			 WAC 173-304-130 standards, Locational
			 standards for disposal sites, except for WAC
			 173-304-130(2)(e) surface water locational standards and WAC
			 173-304-130(2)(b)(iii) down gradient drinking water supply wells.
			 Woodwastes may be used as a component of fill within a shoreline and associated
			 wetlands only if a demonstrated and proven technology to prevent ground and
			 surface water contamination is used.
(b) Owners or operators of woodwaste
			 landfills shall maintain a record of the weights or volumes of waste disposed
			 of at each facility.
(c) Owners or
			 operators of woodwaste landfills shall not accept any other wastes except
			 woodwaste.
(d) Owners or operators
			 of woodwaste landfills shall prevent run-on from a maximum twenty-five year
			 storm.
(e) All wood waste landfills
			 having a capacity of greater than ten thousand cubic yards at closure shall
			 either:
(i) Have a groundwater monitoring
			 system that complies with WAC
			 173-304-490 and the woodwaste
			 landfill meet the performance standards of WAC
			 173-304-460(2);
			 or
(ii) Have a leachate collection
			 and treatment system.
(f) Owners or operators of woodwaste
			 landfills shall not deposit woodwaste in lifts to a height of more than ten
			 feet per lift with at least one foot of cover material between lifts to avoid
			 hot spots and fires in the summer and to avoid excessive build-up of leachate
			 in the winter, and shall compact woodwaste as necessary to prevent
			 voids.
(g) Owners or operators of
			 woodwaste landfills shall prevent unauthorized disposal during off-hours by
			 controlling entry (i.e., lockable gate or barrier), when the facility is not
			 being used.
(h) Owners or operators
			 of woodwaste landfills shall close the facility by leveling and compacting the
			 wastes and applying a compacted soil cover of at least two feet
			 thickness.
(i) Owners or operators
			 of woodwaste landfills shall obtain a permit as set forth in WAC
			 173-304-600 from the
			 jurisdictional health department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-463 - Problem waste landfills. (Reserved.)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  43.21A RCW. 85-22-013
				  (Order 85-18), § 173-304-463, filed
				  10/28/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-467 - Financial assurance for public facilities

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
(a) These standards apply to all new and
			 expanded landfill disposal facilities, and to existing landfill disposal
			 facilities that have not been closed on or before November 27, 1989. Landfill
			 disposal facilities include:
(i) All solid
			 waste facilities operated as landfills under WAC
			 173-304-460, including limited
			 purpose landfills under WAC
			 173-304-460(5);
(ii) Facilities operated as surface
			 impoundments under WAC
			 173-304-430 that are closed with
			 the waste remaining in place and therefore required to meet the requirements of
			 WAC 173-304-407; and
(iii) Woodwaste landfills operated under WAC
			 173-304-462;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-468 - Financial assurance for private landfill disposal facilities

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
(a) For the purposes of this regulation
			 private landfill disposal facilities are privately owned facilities that do not
			 accept waste from the general public and dispose of only their own generated
			 waste.
(b) These standards apply to
			 all new and expanded landfill disposal facilities, and to existing landfill
			 disposal facilities that have not been closed on or before November 27, 1989.
			 Landfill disposal facilities include:
(i)
			 Facilities operated as surface impoundments under WAC
			 173-304-430 that are closed with
			 waste remaining in place and therefore required to meet the requirements of WAC
			 173-304-407; and
(ii) Woodwaste landfills operated under WAC
			 173-304-462.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-470 - Other methods of solid waste handling

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. This section applies to
			 other methods of solid waste handling such as a material resource recovery
			 system for municipal waste not specifically identified elsewhere in this
			 regulation, nor excluded from this regulation.
(2) Requirements. Owners and operators of
			 other methods of solid waste handling shall:
(a) Comply with the requirements in WAC
			 173-304-405;
(b) Obtain a permit under WAC
			 173-304-600 from the
			 jurisdictional health department, by submitting an application containing
			 information required in WAC
			 173-304-600(3)(a),
			 and such other information as may be required by the jurisdictional health
			 department and the department, including:
(i)
			 Preliminary engineering reports and plans and specifications; and
(ii) A closure plan.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-490 - Groundwater monitoring requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. These requirements apply
			 to owners and operators of landfills, piles, landspreading disposal facilities,
			 and surface impoundments that are required to perform groundwater monitoring
			 under WAC
			 173-304-400.
(2) Groundwater monitoring requirements.
(a) The groundwater monitoring system must
			 consist of at least one background or upgradient well and three down gradient
			 wells, installed at appropriate locations and depths to yield groundwater
			 samples from the upper most aquifer and all hydraulically connected aquifers
			 below the active portion of the facility.
(i)
			 Represent the quality of background water that has not been affected by leakage
			 from the active area; and
(ii)
			 Represent the quality of groundwater passing the point of compliance.
			 Additional wells may be required by the jurisdictional health department in
			 complicated hydrogeological settings or to define the extent of contamination
			 detected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-600 - Permit requirements for solid waste facilities

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
(a) All facilities which are subject to the
			 standards of WAC
			 173-304-130,
			 173-304-300, and
			 173-304-400 are required to
			 obtain permits. Permits are not required for single family residences and
			 single family farms dumping or depositing solid waste resulting from their own
			 activities on to or under the surface of land owned or leased by them when such
			 action does not create a nuisance, violate statutes, ordinances, or
			 regulations, including this regulation.
(b) Permits are not required for corrective
			 actions at solid waste handling facilities performed by the state and/or in
			 conjunction with the United States Environmental Protection Agency to implement
			 the Comprehensive Environmental Response Compensation and Liability Act of 1980
			 (CERCLA), or corrective actions taken by others to comply with a state and/or
			 federal cleanup order provided that:
(i) The
			 action results in an overall improvement of the environmental impact of the
			 site;
(ii) The action does not
			 require or result in additional waste being delivered to the site or increase
			 the amount of waste or contamination present at the site;
(iii) The facility standards of WAC
			 173-304-400 are met;
			 and
(iv) The jurisdictional health
			 department is informed of the actions to be taken and is given the opportunity
			 to review and comment upon the proposed corrective action plans.
(c) Effective dates. The effective
			 dates are as follows:
(i) The permit
			 requirements of this section apply to all existing waste handling facilities
			 eighteen months after the effective date of this regulation.
(ii) Between the effective date of this
			 regulation and eighteen months thereafter, existing facilities will operate
			 under the terms and conditions of existing permits valid on the effective date
			 of this regulation. Jurisdictional health departments shall incorporate
			 compliance schedules into valid existing permits; such compliance schedules
			 shall insure that existing facilities meet the effective dates of WAC
			 173-304-400(3).
(iii) New and expanded waste handling
			 facilities shall meet the requirements of this section on the effective date of
			 this regulation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-700 - Variances

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who
			 owns or operates a solid waste facility may apply to the jurisdictional health
			 officer for a variance from any section of this regulation. The application
			 shall be accompanied by such information as the jurisdictional health
			 department may require. The jurisdictional health department may grant such
			 variance, but only after due notice or a public hearing if requested, if it
			 finds that:
(a) The solid waste handling
			 practices or location do not endanger public health, safety or the environment;
			 and
(b) Compliance with the
			 regulation from which variance is sought would produce hardship without equal
			 or greater benefits to the public.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-304 - Minimum functional standards for solid waste handling › Section 173-304-9901 - Maximum contaminant levels for groundwater

Current through Register Vol. 24-14, July 15, 2024
Maximum contaminant levels for groundwater shall be those
				specified in chapter 248-54 WAC, as the primary drinking water standards.
				Analytical methods for these contaminants may be found in the Code of Federal
				Regulations  40 C.F.R. Part 141 . (These contaminant levels are to be considered
				interim levels for the purpose of regulating solid waste handling facilities
				and shall be used until such time as the department establishes groundwater
				quality standards for all types of activities impacting
				groundwater.)
Statutory Authority:
				  Chapter
				  43.21A RCW. 85-22-013
				  (Order 85-18), § 173-304-9901, filed
				  10/28/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part A - GENERAL › Section 173-305-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This rule implements the provisions of chapter 70.95E RCW,
				  establishing a means for funding technical assistance and compliance education
				  assistance to hazardous substance users and waste generators in this state.
				  Technical assistance includes, but is not limited to, assistance in the
				  preparation of plans and review of plans and related documents. The purpose of
				  this chapter is to describe the methods by which the department of ecology will
				  assess certain fees, to whom fees will be assessed, the amount of those fees,
				  provisions for exemption from and enforcement of fee assessments,
				  responsibilities of the department of ecology, and procedures for adjusting the
				  fees. Copies of all rules and statutes cited in this chapter are available from
				  Records Management, Department of Ecology, P.O. Box 47600, Olympia, WA,
				  98504-7600.
Statutory Authority: Chapter 70.95E RCW. 00-16-103 (Order
					 99-16), § 173-305-010, filed 8/1/00, effective 9/1/00; 91-08-040 (Order
					 90-56), § 173-305-010, filed 4/1/91, effective 5/2/91. Statutory
					 Authority:
					 Chapter
					 70.105A RCW. 84-05-012
					 (Order DE 83-38), § 173-305-010, filed
					 2/7/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part A - GENERAL › Section 173-305-015 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The requirements of WAC
				  173-305-010 through
				  173-305-120 apply to all persons
				  who are hazardous waste generators, including state and local entities as well
				  as instrumentalities of the United States. The requirements of WAC
				  173-305-010 through
				  173-305-050 and
				  173-305-210 through
				  173-305-240 apply to all persons
				  required to prepare plans under
				  RCW
				     70.95C.200.
Statutory Authority: Chapter 70.95E RCW. 00-16-103 (Order
					 99-16), § 173-305-015, filed 8/1/00, effective 9/1/00; 91-08-040 (Order
					 90-56), § 173-305-015, filed 4/1/91, effective 5/2/91. Statutory
					 Authority:
					 Chapter
					 70.105A RCW. 84-05-012
					 (Order DE 83-38), § 173-305-015, filed
					 2/7/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part A - GENERAL › Section 173-305-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Any terms not specifically defined in this section, for the
				  purposes of this chapter, have the same meaning as given in WAC
				  173-303-040. The following terms
				  are defined for the purposes of this chapter:
(1) "Additional fee" means the annual fee
				imposed under chapter 70.95E RCW against hazardous generators and hazardous
				substance users required to prepare plans;
(2) "Base fee" means the annual fee imposed
				under chapter 70.95E RCW against hazardous waste generators doing business in
				the state of Washington;
(3)
				"Business activities" means activities of any person who is "engaging in
				business" as the term is defined in chapter 82.04 RCW. Specifically, "engaging
				in business" means commencing, conducting, or continuing in business and also
				the exercise of corporate or franchise powers as well as liquidating a business
				when the liquidates thereof hold themselves out to the public as conducting
				such business;
(4) "Dangerous
				waste" means any discarded, useless, unwanted, or abandoned nonradioactive
				substances including, but not limited to, certain pesticides, or any residues
				or containers of those kinds of substances that are disposed of in a quantity
				or concentration that would pose a substantial present or potential hazard to
				human health, wildlife, or the environment because those wastes or constituents
				or combinations of those kinds of wastes:
(a)
				Have short-lived, toxic properties that may cause death, injury, or illness or
				have mutagenic, teratogenic, or carcinogenic properties; or
(b) Are corrosive, explosive, flammable, or
				may generate pressure through decomposition or other means.
"Dangerous wastes" specifically includes those wastes
				  designated as dangerous by chapter 173-303 WAC;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part A - GENERAL › Section 173-305-030 - Penalty for failure to pay the fee

Current through Register Vol. 24-14, July 15, 2024
If a known or potential generator or a person required to
				  prepare a plan fails to pay all or any part of a fee imposed under this
				  chapter, the department of revenue shall charge a penalty of three times the
				  amount of the unpaid fee. The department of revenue shall waive any penalty in
				  accordance with
				  RCW
				     82.32.105. Note: See WAC
				  458-20-228 for a discussion of
				  the circumstances under which a penalty may be waived.
Statutory Authority: Chapter 70.95E RCW. 91-08-040 (Order
					 90-56), § 173-305-030, filed 4/1/91, effective 5/2/91. Statutory
					 Authority:
					 Chapter
					 70.105A RCW. 84-05-012
					 (Order DE 83-38), § 173-305-030, filed
					 2/7/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part A - GENERAL › Section 173-305-040 - Adjustment of fees

Current through Register Vol. 24-14, July 15, 2024
On an annual basis, the department shall adjust the fees
				  provided for by this chapter, including the maximum annual fee and the maximum
				  total fees, by conducting the calculation in subsection (1) of this section and
				  taking the actions set forth in subsection (2) of this section:
(1) In November of each year, the base fee
				and the additional fee, or the fees as subsequently adjusted by this section,
				must be multiplied by a factor equal to the most current quarterly "price
				deflator" available, and divided by the "price deflator" used in the numerator
				the previous year. However, the "price deflator" used in the denominator for
				the first adjustment must be divided by the second quarter "price deflator" for
				1990.
(2) Each year by March 1, the
				schedule, as adjusted in subsection (1) of this section, will be published. The
				department will round the published fees to the nearest dollar.
Statutory Authority: Chapter 70.95E RCW. 00-16-103 (Order
					 99-16), § 173-305-040, filed 8/1/00, effective 9/1/00; 91-08-040 (Order
					 90-56), § 173-305-040, filed 4/1/91, effective 5/2/91. Statutory
					 Authority:
					 Chapter
					 70.105A RCW. 84-05-012
					 (Order DE 83-38), § 173-305-040, filed
					 2/7/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part A - GENERAL › Section 173-305-050 - General administrative provisions

Current through Register Vol. 24-14, July 15, 2024
With the exception of
				  RCW
				     82.32.050 and
				  82.32.090, the review provisions
				  contained in
				  chapter
				  82.32 RCW, apply to the
				  collection and enforcement of fees imposed under this chapter. Requests for
				  administrative review should be directed to the State of Washington, Department
				  of Ecology, P.O. Box 34050, Seattle, WA 98124-1050. The review provisions of
				  chapter 43.21B RCW do not apply to the administration of these
				  fees.
Statutory Authority: Chapter 70.95E RCW. 00-16-103 (Order
					 99-16), § 173-305-050, filed 8/1/00, effective 9/1/00; 91-08-040 (Order
					 90-56), § 173-305-050, filed 4/1/91, effective 5/2/91. Statutory
					 Authority:
					 Chapter
					 70.105A RCW. 84-05-012
					 (Order DE 83-38), § 173-305-050, filed
					 2/7/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part B - BASE FEE › Section 173-305-120 - Responsibilities of the department of ecology

Current through Register Vol. 24-14, July 15, 2024
(1) The legislature has provided that the
				primary responsibilities of the department of ecology are:
(a) To provide a list of hazardous waste
				generators and to determine the primary business activities of hazardous waste
				generators.
(b) To collect the fees
				from hazardous waste generators as identified in (a) of this
				subsection.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part C - HAZARDOUS WASTE PLANNING FEE › Section 173-305-210 - Imposition of fee

Current through Register Vol. 24-14, July 15, 2024
(1) The fee is
				imposed on hazardous waste generators and hazardous substance users required to
				prepare plans under
				RCW
				   70.95E.030. The department may waive the fee
				for individual facilities when the amount owed is less than the estimated cost
				of collection. This provision does not waive the requirement to prepare a
				plan.
(2) The department will
				determine who, specifically, is required to pay the fee each year and the
				amount of the fee based on the most current verified information available to
				the department. Note: Information collected on toxic emissions will not be
				verified.
(3) The total fees
				collected under
				RCW
				   70.95E.030 may not exceed the department's
				cost of implementing
				RCW
				   70.95C.200.
(4) A person who develops a plan covering
				more than one interrelated facility as provided for in
				RCW
				   70.95C.200 must be assessed fees only for the
				number of plans prepared. In instances where a person has interrelated
				facilities without substantially similar processes, a single document may be
				prepared for the convenience of management but the document must contain
				separate detailed plans for each facility. In these cases, each detailed plan
				within the document must be assessed a fee.
Statutory Authority: Chapter 70.95E RCW. 00-16-103 (Order
					 99-16), § 173-305-210, filed 8/1/00, effective 9/1/00; 91-08-040 (Order
					 90-56), § 173-305-210, filed 4/1/91, effective
					 5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part C - HAZARDOUS WASTE PLANNING FEE › Section 173-305-220 - Hazardous waste planning fee

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall calculate the
				adjusted fees, annual fee, and maximum total fees using the formula in
				subsection (3) of this section. The formula uses a risk factor of one for
				dangerous waste and emissions, and a multiplication factor of ten for extremely
				hazardous waste. For purposes of this section, hazardous waste reported on the
				annual dangerous waste generator report as having been either recycled on-site
				or recycled for beneficial use offsite, including initial amounts of hazardous
				substances introduced into a process and subsequently recycled for beneficial
				use, may not be used in the calculation of hazardous waste generated. A
				facility may petition the director to exclude hazardous wastes recycled for
				beneficial use even if they were not reported as such on the annual dangerous
				waste generator report. Documentation from the hazardous waste handling
				facility that the hazardous waste was recycled for beneficial use must be
				submitted along with the petition.
(2) Fees in subsection (3) of this section
				are based on the following definitions:
(Note: The terms "dangerous waste" and "extremely hazardous
				  waste" as used in this subsection use the same basic definition as in WAC
				  173-305-020, but are modified as
				  follows for the fee calculation only.)
(a) Dangerous waste is the number of pounds
				of dangerous waste reported that are not recycled for beneficial use,
				calculated so that the following wastes are excluded:
(i) Wastewater discharged under permit by
				rule under WAC
				173-303-802; or
(ii) Dangerous waste that is treated on-site
				by the generator according to WAC
				173-303-170(3)(b) and
				(c); or
(iii) Nonrecurrent dangerous waste as
				reported on the annual dangerous waste generator report required under WAC
				173-303-060(5).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part C - HAZARDOUS WASTE PLANNING FEE › Section 173-305-230 - Due dates

Current through Register Vol. 24-14, July 15, 2024
(1) Fees
				imposed by
				RCW
				   70.95E.030 are first due on July 1, 1991, for
				facilities that are required to prepare plans in 1992, on July 1, 1992, for
				facilities that are required to prepare plans in 1993, and on July 1, 1993, for
				facilities that are required to prepare plans in 1994. Fees for facilities that
				are required to prepare plans following 1994 are first due on July 1 of the
				year following the first year that they generate more than two thousand six
				hundred forty pounds of hazardous waste and/or are required to report under
				Section 313 of Title III of the Superfund Amendments and Reauthorization
				Act.
(2) If a facility pays a fee
				in anticipation of preparing a plan the following year, and circumstances
				change so that the facility is no longer required to prepare a plan, the
				facility may request, by letter, a refund of the fee from the department. Upon
				verification of the information submitted, the department shall grant the
				refund.
Statutory Authority: Chapter 70.95E RCW. 00-16-103 (Order
					 99-16), § 173-305-230, filed 8/1/00, effective 9/1/00; 91-08-040 (Order
					 90-56), § 173-305-230, filed 4/1/91, effective
					 5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-305 - Hazardous waste fee regulation › Part C - HAZARDOUS WASTE PLANNING FEE › Section 173-305-240 - Responsibilities of the department of ecology

Current through Register Vol. 24-14, July 15, 2024
(1) The legislature has provided that the
				primary responsibility of the department of ecology is to develop, by April 30
				of each year, a list of persons subject to the fee and the amount of their fee.
				The fees must be calculated based on the formulas in WAC
				173-305-220(3).
(2) The department of ecology shall collect
				the fees and subtract any overpayment of the fee in the previous year from the
				fee for the current year. The department shall also subtract any interest
				accrued on an overpayment from the fee for the current year if the overpayment
				was made due to an error which was the responsibility of the department or an
				over estimate of rate per risk pound for the prior year.
(3) If there are resubmissions of hazardous
				waste annual reports or toxic release inventory reports, or both, the
				department shall add any underpayment of the fee in previous years to the fee
				for the current year.
Statutory Authority: Chapter 70.95E RCW. 00-16-103 (Order
					 99-16), § 173-305-240, filed 8/1/00, effective 9/1/00; 91-08-040 (Order
					 90-56), § 173-305-240, filed 4/1/91, effective
					 5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter is adopted under the authority of
				chapter
				70.138 RCW, Incinerator
				ash residue, to protect human health, the environment, and employees during the
				management and disposal of special incinerator ash. It is also the purpose of
				this chapter to enhance and encourage the higher waste management priorities as
				spelled out in
				chapter
				70.138 RCW. This chapter
				is intended to establish consistent, enforceable management requirements for
				special incinerator ash that otherwise would be regulated as hazardous waste
				under chapter 70.105
				RCW, the Hazardous Waste Management Act. This chapter is not intended to
				address ash residues that are classed as hazardous waste under federal rules,
				 40 C.F.R. Part 261, unless the Environmental Protection Agency decides those
				wastes are not subject to Subtitle C of the Resource Conservation and Recovery
				Act.
Statutory Authority:
				  Chapter
				  70.138 RCW. 00-19-018
				  (Order 00-17), § 173-306-010, filed 9/8/00, effective 10/9/00; 90-10-047,
				  § 173-306-010, filed 4/30/90, effective
				  5/31/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-050 - Applicability

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to municipal solid wastes intended for
				incineration or energy recovery and special incinerator ash as those terms are
				defined in WAC
				173-306-100. (Incinerator ash
				whose designation status is unknown must be considered special incinerator ash
				until data developed under WAC
				173-306-500(4) is submitted to the department.) This chapter shall not apply to the following
				wastes:
(1) Solid waste as defined in
			 WAC 173-306-100 that is not regulated
			 as hazardous waste under
			 chapter
			 70.105 RCW and that is
			 not intended for incineration or energy recovery;
(2) Hazardous wastes regulated under the
			 Federal Resource Conservation and Recovery Act,  42 U.S.C. sec. 6901  et
			 seq.;
(3) Incinerator ash from the
			 operation of incineration or energy recovery facilities burning only tires,
			 woodwaste, infectious waste, sewage sludge, or any other single type of refuse
			 other than municipal solid waste; and
(4) Incinerator ash from the operation of
			 incineration or energy recovery facilities burning municipal solid waste at a
			 rate of twelve tons of municipal solid waste per day or less.
Statutory Authority:
				  Chapter
				  70.138 RCW. 00-19-018
				  (Order 00-17), § 173-306-050, filed 9/8/00, effective 10/9/00; 90-10-047,
				  § 173-306-050, filed 4/30/90, effective
				  5/31/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-100 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the definitions
				in this section apply throughout this chapter.
(1) "Active area" means that portion of a
			 facility where ash disposal operations are being, are proposed to be, or have
			 been conducted. Buffer zones are not considered part of the active area of a
			 facility.
(2) "Aquifer" means a
			 geologic formation, group of formations, or part of a formation capable of
			 yielding a significant amount of groundwater to wells or springs.
(3) "Ash" means special incinerator
			 ash.
(4) "Ash cell" or "cell" means
			 an active disposal phase of the site which must be divided into a series of
			 phases to minimize the active ash disposal area.
(5) "Beneficial use" means the water uses as
			 defined by the water resources management program established by the Water
			 Resources Act of 1971 and chapter 173-500 WAC.
(6) "Bottom ash" means ash residues remaining
			 on the incineration or energy recovery facility grates or in the combustion
			 chambers after combustion. Bottom ash may or may not be a special incinerator
			 ash.
(7) "Buffer zone" means that
			 part of a facility which lies between the active area and the property
			 boundary.
(8) "Closure" means those
			 actions taken by the owner or operator of an ash facility to cease disposal
			 operations. A closure notice will be provided to the department with the exact
			 date to ensure that all facilities are closed in conformance with applicable
			 rules at the time of closure and to prepare the site for the post-closure
			 period using best engineering practices.
(9) "Construction quality assurance plan"
			 means a plan describing the methods by which the professional engineer in
			 responsible charge of inspection of the project will determine that the
			 facilities were constructed without significant change from the department
			 approved plans and specifications.
(10) "Contaminate" means to discharge a
			 substance into groundwater that would cause:
(a) The concentration of that substance in
			 the groundwater to exceed the maximum contamination level specified in WAC
			 173-306-9901;
(b) A statistically significant increase in
			 the concentration of that substance in the groundwater where the existing
			 concentration of that substance exceeds the maximum contaminant level specified
			 in WAC 173-306-9901; or
(c) A statistically significant increase
			 above background in the concentration of a substance which:
(i) Is not specified in WAC
			 173-306-9901; and
(ii) Is present in the ash; and
(iii) Has been determined to present a
			 substantial risk to human health or the environment in the concentration found
			 at the point of compliance by the department in consultation with the
			 department of health.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-150 - Prohibition of surface impoundments, land treatment and municipal solid waste codisposal of ash

Current through Register Vol. 24-14, July 15, 2024
No person may manage any special incinerator ash in a surface
				impoundment, land treatment facility as defined in WAC
				173-306-100, or codispose with
				municipal solid waste.
Statutory Authority:
				  Chapter
				  70.138 RCW. 00-19-018
				  (Order 00-17), § 173-306-150, filed 9/8/00, effective 10/9/00; 90-10-047,
				  § 173-306-150, filed 4/30/90, effective
				  5/31/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-306 - Special incinerator ash management standards › Section 173-306-300 - Permit requirements for disposal facilities

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. The permit standards of
			 WAC 173-306-300 through
			 173-306-330 apply to disposal
			 facilities as defined in WAC
			 173-306-100. These standards do
			 not apply to generators of special incinerator ash who only handle, store and
			 collect ash on-site and transport ash offsite, nor to facilities specifically
			 excluded under WAC
			 173-306-400 through
			 173-306-490.
(2) No disposal facility may be established,
			 constructed, altered, expanded, or closed, until the owner or operator has
			 obtained a permit issued under this chapter or a modified permit issued under
			 WAC 173-306-310(3).
(3) Effective dates for permit requirements.
			 The permit requirements of this section apply to all applicable existing, new
			 or expanding disposal facilities within six months after the effective date of
			 this chapter.
Statutory Authority:
				  Chapter
				  70.138 RCW. 00-19-018
				  (Order 00-17), § 173-306-300, filed 9/8/00, effective 10/9/00; 90-10-047,
				  § 173-306-300, filed 4/30/90, effective
				  5/31/90.