Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-351 - Criteria for municipal solid waste landfills › Section 173-351-010 - Purpose, applicability, and effective dates

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose. The purpose of this regulation
			 is to establish minimum statewide standards for all municipal solid waste
			 landfill (MSWLF) units under the authority of
			 chapter
			 70.95 RCW as amended in
			 order that jurisdictional health departments can enact ordinances equally as or
			 more stringent than this regulation and to have jurisdictional health
			 departments implement such ordinances through a permit system set forth in WAC
			 173-351-700. It is also the
			 purpose of this regulation to implement rule making by the U.S. Environmental
			 Protection Agency (EPA) under the authority of subtitle D of the Resource
			 Conservation and Recovery Act (RCRA), as amended in 1984, and under the
			 authority of Section 405(d) of the Clean Water Act as amended. The Clean Water
			 Act required EPA "to establish standards for sewage sludge that is co-disposed
			 with municipal solid waste." EPA satisfied both statutory requirements with the
			 publication of  40 C.F.R. Part 258  -Criteria For Municipal Solid Waste Landfills
			 on October 9, 1991. These minimum statewide criteria ensure the protection of
			 human health and the environment.
(2) Applicability.
(a) These criteria apply to new MSWLF units,
			 existing MSWLF units, and lateral expansions, except as otherwise specifically
			 provided in this regulation. All other solid waste disposal facilities and
			 practices that are not regulated under subtitle C of RCRA and
			 chapter
			 70.105 RCW are subject to
			 the criteria contained in  40 C.F.R. Part 257, Criteria For Classification of
			 Solid Waste Disposal Facilities, chapter 173-350 WAC, and/or chapter 173-304
			 WAC as amended.
Note:
These rules do not apply to facilities that receive
							 only inert waste, demolition waste, wood waste, industrial solid wastes, or
							 other types of solid waste (other than household waste) disposed of in
							 landfills regulated in chapter 173-350 WAC, Solid waste handling standards.
							 Codisposal of any solid waste with household waste is governed by these
							 rules.
(b)
			 These criteria do not apply to MSWLF units that do not receive waste on or
			 after November 26, 1993. MSWLF units that stopped receiving waste prior to
			 October 9, 1991, are subject to closure and post-closure rules under chapter
			 173-304 WAC, the Minimum Functional Standards for Solid Waste Handling. MSWLF
			 units that received waste on and after October 9, 1991, but stop receiving
			 waste prior to November 26, 1993:
(i) Are also
			 subject to federal closure rules under   40 C.F.R. Part 258.60(a)  ;
(ii) Will be subject to all the requirements
			 of this regulation unless otherwise specified, if such MSWLF units fail to meet
			 the federal closure rules under 40 C.F.R. Part 258.60(a) by April 9, 1994, and
			 the closure standards of chapter 173-304 WAC; except that jurisdictional health
			 departments may grant time extensions to complete closure under 40 C.F.R. Part
			 258.60(a) by October 9, 1994; and
(iii) Will be subject to the groundwater
			 monitoring and remedial action requirements of WAC
			 173-351-400 and the permitting
			 requirements of WAC
			 173-351-700 if such MSWLF units
			 are part of a multiunit groundwater monitoring system of WAC
			 173-351-450(4).