Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
When used in this chapter, the following terms have the
				meanings given below.
Note:
The list of defined terms in this section does not
						  contain all defined terms used in chapter 173-303 WAC.
"Aboveground tank" means a device meeting the definition of
				"tank" in this section and that is situated in such a way that the entire
				surface area of the tank is completely above the plane of the adjacent
				surrounding surface and the entire surface area of the tank (including the tank
				bottom) is able to be visually inspected.
"Accumulation" refers to the definition of "storage."
"Active life" of a facility means the period from the initial
				receipt of dangerous waste at the facility until the department receives
				certification of final closure.
"Active portion" means that portion of a facility which is not
				a closed portion, and where dangerous waste recycling, reuse, reclamation,
				transfer, treatment, storage or disposal operations are being or have been
				conducted after:
The effective date of the waste's designation by 40 C.F.R. Part
				261; and
March 10, 1982, for wastes designated only by this chapter and
				not designated by             40 C.F.R. Part 261            . (See also "closed portion" and "inactive
				portion.")
"Active range" means a military range that is currently in
				service and is being regularly used for range activities.
"Acute hazardous waste" means dangerous waste sources (listed
				in WAC
				173-303-9904) F020, F021, F022, F023, F026, or F027, and discarded chemical products
				(listed in WAC
				173-303-9903) that are identified with a dangerous waste number beginning with a "P",
				including those wastes mixed with source, special nuclear, or by-product
				material subject to the Atomic Energy Act of 1954. The abbreviation "AHW" will
				be used in this chapter to refer to those dangerous and mixed wastes which are
				acute hazardous wastes. Note - The terms acute and acutely are used
				interchangeably.
"Airbag waste" means any dangerous waste airbag modules or
				dangerous waste airbag inflators.
"Airbag waste collection facility" means any facility that
				receives airbag waste from airbag handlers subject to regulation under WAC
				173-303-071(3)(tt),
				and accumulates the waste for more than ten days.
"Airbag waste handler" means any person, by site, who generates
				airbag waste that is subject to the regulations under this chapter.
"Ampule" means an airtight vial made of glass, plastic, metal,
				or any combination of these materials.
"Ancillary equipment" means any device including, but not
				limited to, such devices as piping, fittings, flanges, valves, and pumps, that
				is used to distribute, meter, or control the flow of dangerous waste from its
				point of generation to a storage or treatment tank(s), between dangerous waste
				storage and treatment tanks to a point of disposal on site, or to a point of
				shipment for disposal off site.
"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.
"Authorized representative" means the person responsible for
				the overall operation of a generator site, facility, or an operational unit
				(e.g., plant manager, superintendent or an employee of the company of
				equivalent responsibility).
"Batch" means any waste which is generated less frequently than
				once a month.
"Battery" means a device consisting of one or more electrically
				connected electrochemical cells which is designed to receive, store, and
				deliver electric energy. An electrochemical cell is a system consisting of an
				anode, cathode, and an electrolyte, plus such connections (electrical and
				mechanical) as may be needed to allow the cell to deliver or receive electrical
				energy. The term battery also includes an intact, unbroken battery from which
				the electrolyte has been removed.
"Berm" means the shoulder of a dike.
"Boiler" means an enclosed device using controlled flame
				combustion and having the following characteristics:
The unit must have physical provisions for recovering and
				exporting thermal energy in the form of steam, heated fluids, or heated gases;
				and
The unit's combustion chamber and primary energy recovery
				section(s) must be of integral design. To be of integral design, the combustion
				chamber and the primary energy recovery section(s) (such as waterwalls and
				superheaters) must be physically formed into one manufactured or assembled
				unit. A unit in which the combustion chamber and the primary energy recovery
				section(s) are joined only by ducts or connections carrying flue gas is not
				integrally designed; however, secondary energy recovery equipment (such as
				economizers or air preheaters) need not be physically formed into the same unit
				as the combustion chamber and the primary energy recovery section. The
				following units are not precluded from being boilers solely because they are
				not of integral design: Process heaters (units that transfer energy directly to
				a process stream), and fluidized bed combustion units; and
While in operation, the unit must maintain a thermal energy
				recovery efficiency of at least sixty percent, calculated in terms of the
				recovered energy compared with the thermal value of the fuel; and
The unit must export and utilize at least seventy-five percent
				of the recovered energy, calculated on an annual basis. In this calculation, no
				credit will be given for recovered heat used internally in the same unit.
				(Examples of internal use are the preheating of fuel or combustion air, and the
				driving of induced or forced draft fans or feedwater pumps); or
The unit is one which the department has determined, on a
				case-by-case basis, to be a boiler, after considering the standards in WAC
				173-303-017(6).
"By-product" means a material that is not one of the primary
				products of a production process and is not solely or separately produced by
				the production process. Examples are process residues such as slags or
				distillation column bottoms. The term does not include a coproduct that is
				produced for the general public's use and is ordinarily used in the form it is
				produced by the process.
"Carbon regeneration unit" means any enclosed thermal treatment
				device used to regenerate spent activated carbon.
"Carcinogenic" means a material known to contain a substance
				which has sufficient or limited evidence as a human or animal carcinogen as
				listed in both IARC and either IRIS or HEAST.
"Cathode ray tube" or "CRT" means a vacuum tube, composed
				primarily of glass, which is the visual or video display component of an
				electronic device. A used, intact CRT means a CRT whose vacuum has not been
				released. A used, broken CRT means glass removed from its housing or casing
				whose vacuum has been released.
"Central accumulation area" means any on-site dangerous waste
				accumulation area subject to either WAC
				173-303-200
				(large quantity generators) or WAC
				173-303-172
				(medium quantity generators). A central accumulation area at an eligible
				academic entity that chooses to operate under WAC
				173-303-235
				must also comply with WAC
				173-303-235(12) when accumulating unwanted material and/or dangerous waste.
"Chemical agents and chemical munitions" are defined as in
				50
				U.S.C. section
				1521(j)(1).
"Cleanup-only facility" means a site, including any contiguous
				property owned or under the control of the owner or operator of the site, where
				the owner or operator is or will be treating, storing, or disposing of
				remediation waste, including dangerous remediation waste, and is not, has not
				and will not be treating, storing or disposing of dangerous waste that is not
				remediation waste. A cleanup-only facility is not a "facility" for purposes of
				corrective action under WAC
				173-303-646.
"Closed portion" means that portion of a facility which an
				owner or operator has closed, in accordance with the approved facility closure
				plan and all applicable closure requirements.
"Closure" means:
* The requirements placed upon all recycling, used oil, and TSD
				facilities, plus some generators, and some transporters to ensure that all such
				facilities are closed in an acceptable manner (see also "post-closure");
				and
* Once taken out of service, the proper cleaning up and/or
				decontaminating of a dangerous waste management unit or a recycling unit and
				any areas affected by releases from the unit.
"College/university" see WAC
				173-303-235.
"Commercial chemical product or manufacturing chemical
				intermediate" refers to a chemical substance which is manufactured or
				formulated for commercial or manufacturing use which consists of the
				commercially pure grade of the chemical, any technical grades of the chemical
				that are produced or marketed, and all formulations in which the chemical is
				the sole active ingredient.
"Commercial fertilizer" means any substance containing one or
				more recognized plant nutrients and which is used for its plant nutrient
				content and/or which is designated for use or claimed to have value in
				promoting plant growth, and includes, but is not limited to, limes, gypsum, and
				manipulated animal manures and vegetable compost. The commercial fertilizer
				must be registered with the state or local agency regulating the fertilizer in
				the locale in which the fertilizer is being sold or applied.
"Compliance procedure" means any proceedings instituted
				pursuant to the Hazardous Waste Management Act, chapter 70.105 RCW, and
				Hazardous waste fees, chapter 70.105A RCW, or regulations issued under
				authority of state law, which seeks to require compliance, or which is in the
				nature of an enforcement action or an action to cure a violation. A compliance
				procedure includes a notice of intention to terminate a permit pursuant to WAC
				173-303-830(5),
				or an application in the state superior court for appropriate relief under the
				Hazardous Waste Management Act. A compliance procedure is considered to be
				pending from the time a notice of violation or of intent to terminate a permit
				is issued or judicial proceedings are begun, until the department notifies the
				owner or operator in writing that the violation has been corrected or that the
				procedure has been withdrawn or discontinued.
"Component" means either the tank or ancillary equipment of a
				tank system.
"Constituent" or "dangerous waste constituent" means a
				chemically distinct component of a dangerous waste stream or mixture.
"Contained" means held in a unit that meets the following
				criteria:
* The unit is in good condition with no leaks or other
				continuing or intermittent unpermitted releases of hazardous secondary
				materials to the environment, and is designed, as appropriate for the hazardous
				secondary materials, to prevent releases of hazardous secondary materials to
				the environment. Unpermitted releases are releases that are not covered by a
				permit (such as a permit to discharge to water or air) and may include, but are
				not limited to, releases through surface transport by precipitation runoff,
				releases to soil and ground-water, wind-blown dust, fugitive air emissions, and
				catastrophic unit failures;
* The unit is properly labeled or otherwise has a system (such
				as a log book) to immediately identify the hazardous secondary materials in the
				unit; and
* The unit holds hazardous secondary materials that are
				compatible with other hazardous secondary materials placed in the unit and is
				compatible with the materials used to construct the unit and addresses any
				potential risks of fires or explosions.
* Hazardous secondary materials in units that meet the
				applicable requirements of WAC
				173-303-280
				through
				173-303-395
				or
				173-303-400
				are presumptively contained.
"Container" means any portable device in which a material is
				stored, transported, treated, disposed of, or otherwise handled.
"Containment building" means a hazardous waste management unit
				that is used to store or treat hazardous waste under the provisions of WAC
				173-303-695.
"Contingency plan" means a document setting out an organized,
				planned, and coordinated course of action to be followed in case of a fire,
				explosion, or release of dangerous waste or dangerous waste constituents which
				could threaten human health or environment.
"Contract" means the written agreement signed by the department
				and the state operator.
"Control" means, for the purposes of WAC
				173-303-171(1)(e),
				173-303-200(15) and 173-303-555, the power to direct the policies of the generator, whether by
				the ownership of stock or voting rights. Contractors, consultants, and
				transporters who operate generator facilities on behalf of a different person,
				as defined in this section, shall not be deemed to "control" such
				generators.
"Corrosion expert" means a person who, by reason of their
				knowledge of the physical sciences and the principles of engineering and
				mathematics, acquired by a professional education and related practical
				experience, is qualified to engage in the practice of corrosion control on
				buried or submerged metal piping systems and metal tanks. Such a person must be
				certified as being qualified by the National Association of Corrosion Engineers
				(NACE) or be a registered professional engineer who has certification or
				licensing that includes education and experience in corrosion control on buried
				or submerged metal piping systems and metal tanks.
"CRT collector" means a person who receives CRTs for recycling,
				repair, resale, or donation.
"CRT exporter" means any person in the United States who
				initiates a transaction to send used CRTs outside the United States or its
				territories for recycling or reuse, or any intermediary in the United States
				arranging for such export.
"CRT glass manufacturer" means an operation or part of an
				operation that uses a furnace to manufacture CRT glass.
"CRT processing" means conducting all of the following
				activities:
* Receiving broken or intact CRTs; and
* Intentionally breaking intact CRTs or further breaking or
				separating broken CRTs; and
* Sorting or otherwise managing glass removed from CRT
				monitors.
"Dangerous waste constituents" means those constituents listed
				in WAC
				173-303-9905
				and any other constituents that have caused a waste to be a dangerous waste
				under this chapter.
"Dangerous waste management unit" is a contiguous area of land
				on or in which dangerous waste is placed, or the largest area in which there is
				a significant likelihood of mixing dangerous waste constituents in the same
				area. Examples of dangerous waste management units include a surface
				impoundment, a waste pile, a land treatment area, a landfill cell, an
				incinerator, a tank and its associated piping and underlying containment system
				and a container storage area. A container alone does not constitute a unit; the
				unit includes containers and the land or pad upon which they are placed.
"Dangerous wastes" means those solid wastes designated in WAC
				173-303-070
				through
				173-303-100
				as dangerous, or extremely hazardous or mixed waste. As used in this chapter,
				the words "dangerous waste" will refer to the full universe of wastes regulated
				by this chapter. The abbreviation "DW" will refer only to that part of the
				regulated universe which is not extremely hazardous waste. (See also "extremely
				hazardous waste," "hazardous waste," and "mixed waste" definitions.)
"Debris" means solid material exceeding a 60 mm particle size
				that is intended for disposal and that is: A manufactured object; or plant or
				animal matter; or natural geologic material. However, the following materials
				are not debris: Any material for which a specific treatment standard is
				provided in   40 C.F.R. Part 268   Subpart D (incorporated by reference in WAC
				173-303-140(2)(a)); process residuals such as smelter slag and residues from the treatment of
				waste, waste-water, sludges, or air emission residues; and intact containers of
				hazardous waste that are not ruptured and that retain at least seventy-five
				percent of their original volume. A mixture of debris that has not been treated
				to the standards provided by
				40 C.F.R.
				268.45 and other material is subject to
				regulation as debris if the mixture is comprised primarily of debris, by
				volume, based on visual inspection.
"Department" means the department of ecology.
"Dermal Rabbit LD50" means the single
				dosage in milligrams per kilogram (mg/kg) body weight which, when der-mally
				(skin) applied for 24 hours, within 14 days kills half or more of a group of
				ten rabbits each weighing between 2.0 and 3.0 kilograms.
"Designated facility" means:
* A dangerous waste treatment, storage, disposal, or recycling
				facility that:
-Has received a permit (or interim status) in accordance with
				the requirements of this chapter,
-Has received a permit (or interim status) from another state
				authorized in accordance with  40 C.F.R. Part 271 ,
-Has received a permit (or interim status) from EPA in
				accordance with   40 C.F.R. Part 270  ,
-Has a permit by rule under WAC
				173-303-802(5),
				or is regulated under WAC
				173-303-120(4)(c) or
				173-303-525
				when the dangerous waste is to be recycled, and
-That has been designated on the manifest pursuant to WAC
				173-303-180(1).
* "Designated facility" also means a generator site designated
				on the manifest to receive its waste as a return shipment from a facility that
				has rejected the waste in accordance with WAC
				173-303-370(5)(f).
* If a waste is destined to a facility in an authorized state
				that has not yet obtained authorization to regulate that particular waste as
				dangerous, then the designated facility must be a facility allowed by the
				receiving state to accept such waste.
* The following are designated facilities only for receipt of
				state-only waste; they cannot receive federal hazardous waste from off-site:
				Facilities operating under WAC
				173-303-500(2)(c).
"Designation" is the process of determining whether a waste is
				regulated under the dangerous waste lists, WAC
				173-303-080
				through
				173-303-082;
				or characteristics, WAC
				173-303-090;
				or criteria, WAC
				173-303-100.
				The procedures for designating wastes are in WAC
				173-303-070.
				A waste that has been designated as a dangerous waste may be either DW or
				EHW.
"Destination facility" means a facility that treats, disposes
				of, or recycles a particular category of universal waste, except those
				management activities described in WAC
				173-303-573(9)(a),
				(b) and (c)    and
				173-303-573(20)(a),
				(b) and (c). A facility at which a particular
				category of universal waste is only accumulated, is not a destination facility
				for purposes of managing that category of universal waste.
"Dike" means an embankment or ridge of natural or man-made
				materials used to prevent the movement of liquids, sludges, solids, or other
				substances.
"Dioxins and furans (D/F)" means tetra, penta, hexa, hepta, and
				octa-chlorinated dibenzo dioxins and furans.
"Director" means the director of the department of ecology or
				their designee.
"Discharge" or "dangerous waste discharge" means the accidental
				or intentional release of hazardous substances, dangerous waste or dangerous
				waste constituents such that the substance, waste or a waste constituent may
				enter or be emitted into the environment.
"Disposal" means the discharging, discarding, or abandoning of
				dangerous wastes or the treatment, decontamination, or recycling of such wastes
				once they have been discarded or abandoned. This includes the discharge of any
				dangerous wastes into or on any land, air, or water.
"Domestic sewage" means untreated sanitary wastes that pass
				through a sewer system to a publicly owned treatment works (POTW) for
				treatment.
"Draft permit" means a document prepared under WAC
				173-303-840
				indicating the department's tentative decision to issue or deny, modify, revoke
				and reissue, or terminate a permit. A notice of intent to terminate or deny a
				permit are types of draft permits. A denial of a request for modification,
				revocation and reissuance, or termination as discussed in WAC
				173-303-830 is not
				a draft permit.
"Drip pad" is an engineered structure consisting of a curbed,
				free-draining base, constructed of nonearthen materials and designed to convey
				preservative kick-back or drip-page from treated wood, precipitation, and
				surface water run-on to an associated collection system at wood preserving
				plants.
"Electronic manifest (or e-Manifest)" means the electronic
				format of the hazardous waste manifest that is obtained from EPA's national
				e-Manifest system and transmitted electronically to the system, and that is the
				legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation
				Sheet).
"Electronic Manifest System" (or "e-Manifest System") means
				EPA's national information technology system through which the electronic
				manifest may be obtained, completed, transmitted, and distributed to users of
				the electronic manifest and to regulatory agencies.
"Electronic signature" is defined in
				RCW
				   19.360.030.
"Elementary neutralization unit" means a device which:
Is used for neutralizing wastes which are dangerous wastes only
				because they exhibit the corrosivity characteristics defined in WAC
				173-303-090
				or are listed in WAC
				173-303-081,
				or in 173-303-082 only for this reason; and
Meets the definition of tank, tank system, container, transport
				vehicle, or vessel.
"Eligible academic entity" see WAC
				173-303-235.
"Enforceable document" means an order, consent decree, plan or
				other document that meets the requirements of
				40 C.F.R.
				271.16(e) and is issued by
				the director to apply alternative requirements for closure, post-closure,
				groundwater monitoring, corrective action or financial assurance under WAC
				173-303-610(1)(e),
				173-303-645(1)(f),
				or
				173-303-620(1)(d) or, as incorporated by reference at WAC
				173-303-400,
				40
				C.F.R. 265.90(f),
				265.110(d),
				or 265.140(d).
				Enforceable documents include, but are not limited to, closure plans and
				post-closure plans, permits issued under chapter 70.105 RCW, orders issued
				under chapter 70.105 RCW and orders and consent decrees issued under chapter
				70.105D RCW.
"Environment" means any air, land, water, or
				groundwa-ter.
"EPA/state identification number" or "EPA/state ID#" means the
				number assigned by EPA or by the department of ecology to each generator,
				transporter, and TSD facility.
"Episodic event" see WAC
				173-303-173.
"Excluded scrap metal" is processed scrap metal, unprocessed
				home scrap metal, and unprocessed prompt scrap metal.
"Existing tank system" or "existing component" means a tank
				system or component that is used for the storage or treatment of dangerous
				waste and that is in operation, or for which installation has commenced on or
				prior to February 3, 1989. Installation will be considered to have commenced if
				the owner or operator has obtained all federal, state, and local approvals or
				permits necessary to begin physical construction of the site or installation of
				the tank system and if either:
A continuous on-site physical construction or installation
				program has begun; or
The owner or operator has entered into contractual obligations,
				which cannot be canceled or modified without substantial loss, for physical
				construction of the site or installation of the tank system to be completed
				within a reasonable time.
"Existing TSD facility" means a facility which was in operation
				or for which construction commenced on or before November 19, 1980, for wastes
				designated by 40 C.F.R. Part 261, or August 9, 1982, for wastes designated only
				by this chapter and not designated by 40 C.F.R. Part 261. A facility has
				commenced construction if the owner or operator has obtained permits and
				approvals necessary under federal, state, and local statutes, regulations, and
				ordinances and either:
A continuous on-site, physical construction program has begun;
				or
The owner or operator has entered into contractual obligation,
				which cannot be canceled or modified without substantial loss, for physical
				construction of the facility to be completed within a reasonable time.
"Explosives or munitions emergency" means a situation involving
				the suspected or detected presence of unexploded ordnance (UXO), damaged or
				deteriorated explosives or munitions, an improvised explosive device (IED),
				other potentially explosive material or device, or other potentially harmful
				military chemical munitions or device, that creates an actual or potential
				imminent threat to human health, including safety, or the environment,
				including property, as determined by an explosives or munitions emergency
				response specialist. Such situations may require immediate and expeditious
				action by an explosives or munitions emergency response specialist to control,
				mitigate, or eliminate the threat.
"Explosives or munitions emergency response" means all
				immediate response activities by an explosives and munitions emergency response
				specialist to control, mitigate, or eliminate the actual or potential threat
				encountered during an explosives or munitions emergency. An explosives or
				munitions emergency response may include in-place render-safe procedures,
				treatment or destruction of the explosives or munitions and/or transporting
				those items to another location to be rendered safe, treated, or destroyed. Any
				reasonable delay in the completion of an explosives or munitions emergency
				response caused by a necessary, unforeseen, or uncontrollable circumstance will
				not terminate the explosives or munitions emergency. Explosives and munitions
				emergency responses can occur on either public or private lands and are not
				limited to responses at RCRA facilities.
"Explosives or munitions emergency response specialist" means
				an individual trained in chemical or conventional munitions or explosives
				handling, transportation, render-safe procedures, or destruction techniques.
				Explosives or munitions emergency response specialists include Department of
				Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort
				unit (TEU), and DOD-certified civilian or contractor personnel; and other
				federal, state, or local government, or civilian personnel similarly trained in
				explosives or munitions emergency responses.
"Export" means the transportation of hazardous waste from a
				location under the jurisdiction of the United States to another country, or a
				location not under the jurisdiction of any country, for the purpose of
				recovery, treatment, or disposal operations therein.
"Exporter," also known as primary exporter on the RCRA
				hazardous waste manifest, means the person domiciled in the United States who
				is required to originate the movement document in accordance with  40 C.F.R.
				Part 262.83(d)  or the manifest for a shipment of hazardous waste in accordance
				with  40 C.F.R. Part 262, Subpart B, or equivalent state provision specifies a
				foreign receiving facility as the facility the hazardous wastes will be sent,
				or any recognized trader who proposes export of the hazardous waste to
				recovery, treatment, or disposal in the country of import.
"Extremely hazardous waste" means those dangerous and mixed
				wastes designated in WAC
				173-303-100
				as extremely hazardous. The abbreviation "EHW" will be used in this chapter to
				refer to those dangerous and mixed wastes which are extremely hazardous. (See
				also "dangerous waste" and "hazardous waste" definitions.)
"Facility" means:
* All contiguous land, and structures, other appurtenances, and
				improvements on the land used for recycling, reusing, reclaiming, transferring,
				storing, treating, disposing of dangerous waste, or managing hazardous
				secondary materials prior to reclamation. A facility may consist of several
				treatment, storage, or disposal operational units (for example, one or more
				landfills, surface impoundments, or combination of them). Unless otherwise
				specified in this chapter, the terms "facility," "treatment, storage, disposal
				facility," "TSD facility," "dangerous waste facility," or "waste management
				facility" are used interchangeably.
* For purposes of implementing corrective action under WAC
				173-303-64620 or
				173-303-64630,
				"facility" also means all contiguous property under the control of an owner or
				operator seeking a permit under chapter 70.105 RCW or chapter 173-303 WAC and
				includes the definition of facility at
				RCW
				   70.105D.020(8).
"Facility mailing list" means the mailing list for a facility
				maintained by the department in accordance with WAC
				173-303-840(3)(e)(I)(D).
"Final closure" means the closure of all dangerous waste
				management units at the facility in accordance with all applicable closure
				requirements so that dangerous waste management activities under WAC
				173-303-400
				and
				173-303-600
				through
				173-303-670 are no
				longer conducted at the facility. Areas only subject to generator standards WAC
				173-303-170
				through
				173-303-230
				need not be included in final closure.
"Fish LC50" means the concentration that will kill fifty
				percent or more of the exposed fish in a specified time period. For book
				designation, LC50 data must be derived from an exposure period greater than or
				equal to twenty-four hours. A hierarchy of species LC50 data should be used
				that includes (in decreasing order of preference) salmonids, fathead minnows
				(Pimephales promelas), and other fish species. For the ninety-six-hour static
				acute fish toxicity test, described in WAC
				173-303-110(3)(b)(i),
				coho salmon (Oncorhynchus kisutch), rainbow trout (Oncorhynchus mykiss), or
				brook trout (Salvelinus fontinalis) must be used.
"Food chain crops" means tobacco, crops grown for human
				consumption, and crops grown to feed animals whose products are consumed by
				humans.
"Formal written affiliation agreement" see WAC
				173-303-235.
"Freeboard" means the vertical distance between the top of a
				tank or surface impoundment dike, and the surface of the waste contained
				therein.
"Fugitive emissions" means the emission of contaminants from
				sources other than the control system exit point. Material handling, storage
				piles, doors, windows and vents are typical sources of fugitive
				emissions.
"Generator" means any person, by site, whose act or process
				produces dangerous waste or whose act first causes a dangerous waste to become
				subject to regulation.
"Genetic properties" means those properties which cause or
				significantly contribute to mutagenic, teratogenic, or carcinogenic effects in
				man or wildlife.
"Groundwater" means water which fills voids below the land
				surface and in the earth's crust.
"Halogenated organic compounds" (HOC) means any organic
				compounds which, as part of their composition, include one or more atoms of
				fluorine, chlorine, bromine, or iodine which is/are bonded directly to a carbon
				atom. This definition does not apply to the federal land disposal restrictions
				of 40 C.F.R. Part 268 which are incorporated by reference at WAC
				173-303-140(2)(a).
				Note: Additional information on HOCs may be found in
Chemical Test
				Methods for Designating Dangerous Waste
, Ecology Publication
				#97-407.
"Hazardous debris" means debris that contains a hazardous waste
				listed in WAC
				173-303-9903
				or
				173-303-9904,
				or that exhibits a characteristic of hazardous waste identified in WAC
				173-303-090.
"Hazardous secondary material" means a secondary material
				(e.g., spent material, by-product, sludge, or commercial chemical product)
				that, when discarded, would be identified as a dangerous waste under this
				chapter.
"Hazardous secondary material generator" means any person whose
				act or process produces hazardous secondary materials at the generating
				facility. For purposes of this definition, "generating facility" means all
				contiguous property owned, leased, or otherwise controlled by the hazardous
				secondary material generator.
"Hazardous substances" means any liquid, solid, gas, or sludge,
				including any material, substance, product, commodity, or waste, regardless of
				quantity, that exhibits any of the physical, chemical, or biological properties
				described in WAC
				173-303-090
				or
				173-303-100.
"Hazardous wastes" means those solid wastes designated by  40
				C.F.R. Part 261, and regulated as hazardous and/or mixed waste by the United
				States EPA. This term will never be abbreviated in this chapter to avoid
				confusion with the abbreviations "DW" and "EHW." (See also "dangerous waste"
				and "extremely hazardous waste" definitions.)
"Home scrap metal" is scrap metal as generated by steel mills,
				foundries, and refineries such as turnings, cuttings, punchings, and
				borings.
"Ignitable waste" means a dangerous waste that exhibits the
				characteristic of ignitability described in WAC
				173-303-090(5).
"Inactive portion" means that portion of a facility which has
				not recycled, treated, stored, or disposed dangerous waste after:
The effective date of the waste's designation, for wastes
				designated under 40 C.F.R. Part 261; and
March 10, 1982, for wastes designated only by this chapter and
				not designated by 40 C.F.R. Part 261.
"Inactive range" means a military range that is not currently
				being used, but that is still under military control and considered by the
				military to be a potential range area, and that has not been put to a new use
				that is incompatible with range activities.
"Incinerator" means any enclosed device that:
Uses controlled flame combustion and neither meets the criteria
				for classification as a boiler, sludge dryer, or carbon regeneration unit, nor
				is listed as an industrial furnace; or
Meets the definition of infrared incinerator or plasma arc
				incinerator.
"Incompatible waste" means a dangerous waste that is unsuitable
				for:
* Placement in a particular device or facility because it may
				cause corrosion or decay of containment materials (for example, container inner
				liners or tank walls); or
* Commingling with another waste or material under uncontrolled
				conditions because the commingling might produce heat or pressure, fire or
				explosion, violent reaction, toxic dusts, fumes, mists, or gases, or flammable
				fumes or gases.
(See appendix V of 40 C.F.R. Parts 264 and 265 for
				examples.)
"Independent qualified registered professional engineer" means
				a person who is licensed by the state of Washington, or a state which has
				reciprocity with the state of Washington as defined in
				RCW
				   18.43.100, and who is not an employee of the
				owner or operator of the facility for which construction or modification
				certification is required. A qualified professional engineer is an engineer
				with expertise in the specific area for which a certification is given.
"Industrial-furnace" means any of the following enclosed
				devices that are integral components of manufacturing processes and that use
				thermal treatment to accomplish recovery of materials or energy: Cement kilns;
				lime kilns; aggregate kilns; phosphate kilns; blast furnaces; smelting,
				melting, and refining furnaces (including pyrometallurgical devices such as
				cupolas, reverberator furnaces, sintering machines, roasters and foundry
				furnaces); titanium dioxide chloride process oxidation reactors; coke ovens;
				methane reforming furnaces; combustion devices used in the recovery of sulfur
				values from spent sulfuric acid; pulping liquor recovery furnaces; combustion
				devices used in the recovery of sulfur values from spent sulfuric acid; and
				halogen acid furnaces (HAFs) for the production of acid from halogenated
				dangerous waste generated by chemical production facilities where the furnace
				is located on the site of a chemical production facility, the acid product has
				a halogen acid content of at least 3%, the acid product is used in a
				manufacturing process, and, except for dangerous waste burned as fuel,
				dangerous waste fed to the furnace has a minimum halogen content of 20%
				as-generated. The department may decide to add devices to this list on the
				basis of one or more of the following factors:
The device is designed and used primarily to accomplish
				recovery of material products;
The device burns or reduces secondary materials as ingredients
				in an industrial process to make a material product;
The device burns or reduces secondary materials as effective
				substitutes for raw materials in processes using raw materials as principal
				feedstocks;
The device burns or reduces raw materials to make a material
				product;
The device is in common industrial use to produce a material
				product; and
Other factors, as appropriate.
"Infrared incinerator" means any enclosed device that uses
				electric powered resistance heaters as a source of radiant heat followed by an
				afterburner using controlled flame combustion and which is not listed as an
				industrial furnace.
"Inground tank" means a device meeting the definition of "tank"
				in this section whereby a portion of the tank wall is situated to any degree
				within the ground, thereby preventing visual inspection of that external
				surface area of the tank that is in the ground.
"Inhalation Rat LC50" means a
				concentration in milligrams of substance per liter of air (mg/L) which, when
				administered to the respiratory tract for one hour or more, kills within
				fourteen days half or more of a group of ten rats each weighing between 200 and
				300 grams.
"Inner liner" means a continuous layer of material placed
				inside a tank or container which protects the construction materials of the
				tank or container from the waste or reagents used to treat the waste.
"Installation inspector" means a person who, by reason of their
				knowledge of the physical sciences and the principles of engineering, acquired
				by a professional education and related practical experience, is qualified to
				supervise the installation of tank systems.
"Interim status permit" means a temporary permit given to TSD
				facilities which qualify under WAC
				173-303-805.
"Knowledge" means sufficient information about a waste to
				reliably substitute for direct testing of the waste. To be sufficient and
				reliable, the "knowledge" used must provide information necessary to manage the
				waste in accordance with the requirements of this chapter.
Note:
"Knowledge" may be used by itself or in combination
						  with testing to designate a waste pursuant to WAC
						  173-303-070(3)
						  (e), or to obtain a detailed chemical,
						  physical, and/or biological analysis of a waste as required in WAC
						  173-303-300(2).
"Laboratory" see WAC
				173-303-235
				only.
"Laboratory clean-out" see WAC
				173-303-235.
"Laboratory worker" see WAC
				173-303-235.
"Lamp," also referred to as "universal waste lamp" means any
				type of high or low pressure bulb or tube portion of an electric lighting
				device that generates light through the discharge of electricity either
				directly or indirectly as radiant energy. Universal waste lamps include, but
				are not limited to, fluorescent, mercury vapor, metal halide, high-pressure
				sodium and neon. As a reference, it may be assumed that four, four-foot,
				one-inch diameter unbroken fluorescent tubes are equal to 2.2 pounds in
				weight.
"Land disposal" means placement in or on the land, except in a
				corrective action management unit or staging pile, and includes, but is not
				limited to, placement in a landfill, surface impoundment, waste pile, injection
				well, land treatment facility, salt dome formation, salt bed formation,
				underground mine or cave, or placement in a concrete vault, or bunker intended
				for disposal purposes.
"Landfill" means a disposal facility, or part of a facility,
				where dangerous waste is placed in or on land and which is not a pile, a land
				treatment facility, a surface impoundment, or an underground injection well, a
				salt dome formation, a salt bed formation, an underground mine, a cave, or a
				corrective action management unit.
"Land treatment" means the practice of applying dangerous waste
				onto or incorporating dangerous waste into the soil surface so that it will
				degrade or decompose. If the waste will remain after the facility is closed,
				this practice is disposal.
"Large quantity generator" means a generator who generates any
				of the following amounts in a calendar month:
(a) Greater than or equal to 2,200 lb (1,000 kg) of dangerous
				waste that is not acute hazardous waste (AHW) or WT01 extremely hazardous waste
				(EHW); or
(b) Greater than 2.2 lb (1 kg) of acute hazardous waste and/or
				WT01 EHW; or
(c) Greater than 220 lb (100 kg) of any residue or contaminated
				soil, water, or other debris resulting from the cleanup of a spill, into or on
				any land or water, of any acute hazardous waste and/or WT01 EHW.
"Large quantity handler of universal waste" means a universal
				waste handler (as defined in this section) who accumulates 11,000 pounds or
				more total of universal waste (batteries, mercury-containing equipment, and
				lamps calculated collectively) or who accumulates more than 2,200 pounds of
				lamps at any time. This designation as a large quantity handler of universal
				waste is retained through the end of the calendar year in which 11,000 pounds
				or more total of universal waste and/or 2,200 pounds of lamps is
				accumulated.
"Leachable inorganic waste" means solid dangerous waste (that
				is, passes the Paint Filter Test Method 9095B as described in "
Test
				Methods for Evaluating Solid Wastes, Physical/Chemical Methods
" EPA
				Publication SW-846 as incorporated by reference in WAC
				173-303-110(3)(a)) that is not an organic/carbonaceous waste and exhibits the toxic-ity
				characteristic (dangerous waste numbers D004 to D011, only) under WAC
				173-303-090(8).
"Leachate" means any liquid, including any components suspended
				in the liquid, that has percolated through or drained from dangerous
				waste.
"Leak-detection system" means a system capable of detecting the
				failure of either the primary or secondary containment structure or the
				presence of a release of dangerous waste or accumulated liquid in the secondary
				containment structure. Such a system must employ operational controls (e.g.,
				daily visual inspections for releases into the secondary containment system of
				aboveground tanks) or consist of an interstitial monitoring device designed to
				detect continuously and automatically the failure of the primary or secondary
				containment structure or the presence of a release of dangerous waste into the
				secondary containment structure.
"Legal defense costs" means any expenses that an insurer incurs
				in defending against claims of third parties brought under the terms and
				conditions of an insurance policy.
"Liner" means a continuous layer of man-made or natural
				materials which restrict the escape of dangerous waste, dangerous waste
				constituents, or leachate through the sides, bottom, or berms of a surface
				impoundment, waste pile, or landfill.
"Major facility" means a facility or activity classified by the
				department as major.
"Manifest" means the shipping document EPA Form 8700-22
				(including, if necessary, EPA Form 8700-22A), or the electronic manifest
				originated and signed by the generator or offeror in accordance with the
				requirements of WAC
				173-303-180 (Manifest),
				and the applicable requirements of WAC
				173-303-170
				through
				173-303-692.
"Manifest tracking number" means the alphanumeric
				identification number (a unique three letter suffix preceded by nine numerical
				digits), that is preprinted in Item 4 of the Manifest by a registered
				source.
"Manufacturing process unit" means a unit which is an integral
				and inseparable portion of a manufacturing operation, processing a raw material
				into a manufacturing intermediate or finished product, reclaiming spent
				materials or reconditioning components.
"Marine terminal operator" means a person engaged in the
				business of furnishing wharfage, dock, pier, warehouse, covered and/or open
				storage spaces, cranes, forklifts, bulk loading and/or unloading structures and
				landings in connection with a highway or rail carrier and a water carrier. A
				marine terminal operator includes, but is not limited to, terminals owned by
				states and their political subdivisions; rail roads who perform port terminal
				services not covered by their line haul rates; common carriers who perform port
				terminal services; and warehousemen and stevedores who operate port terminal
				facilities.
"Medium quantity generator" means a generator who generates the
				following amounts in a calendar month:
(a) Greater than 220 lb (100 kg) but less than 2,200 lb (1,000
				kg) of dangerous waste that is not AHW and/or WT01 extremely hazardous waste
				(EHW);
(b) Less than or equal to 2.2 lb (1 kg) of AHW and/or WT01 EHW;
				and
(c) Less than or equal to 220 lb (100 kg) of any residue or
				contaminated soil, water, or other debris resulting from the cleanup of a
				spill, into or on any land or water, of any acute hazardous waste and/or WT01
				EHW.
"Mercury-containing equipment" means a device or part of a
				device (including thermostats, but excluding batteries and lamps) that contains
				elemental mercury integral to its function. Examples of mercury-containing
				equipment include thermostats, thermometers, manometers, and electrical
				switches.
"Micronutrient fertilizer" means a produced or imported
				commercial fertilizer that contains commercially valuable concentrations of
				micronutrients but does not contain commercially valuable concentrations of
				nitrogen, phosphoric acid, available phosphorous, potash, calcium, magnesium,
				or sulfur. Micronutrients are boron, chlorine, cobalt, copper, iron, manganese,
				molybdenum, sodium, and zinc.
"Military" means the Department of Defense (DOD), the Armed
				Services, Coast Guard, National Guard, Department of Energy (DOE), or other
				parties under contract or acting as an agent for the foregoing, who handle
				military munitions.
"Military munitions" means all ammunition products and
				components produced or used by or for the U.S. Department of Defense or the
				U.S. Armed Services for national defense and security, including military
				munitions under the control of the Department of Defense, the U.S. Coast Guard,
				the U.S. Department of Energy (DOE), and National Guard personnel. The term
				military munitions includes: Confined gaseous, liquid, and solid propellants,
				explosives, pyrotechnics, chemical and riot control agents, smokes, and
				incendiaries used by DOD components, including bulk explosives and chemical
				warfare agents, chemical munitions, rockets, guided and ballistic missiles,
				bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition,
				grenades, mines, torpedoes, depth charges, cluster munitions and dispensers,
				demolition charges, and devices and components thereof. Military munitions do
				not include wholly inert items, improvised explosive devices, and nuclear
				weapons, nuclear devices, and nuclear components thereof. However, the term
				does include nonnuclear components of nuclear devices, managed under DOE's
				nuclear weapons program after all required sanitization operations under the
				Atomic Energy Act of 1954, as amended, have been completed.
"Military range" means designated land and water areas set
				aside, managed, and used to conduct research on, develop, test, and evaluate
				military munitions and explosives, other ordnance, or weapon systems, or to
				train military personnel in their use and handling. Ranges include firing lines
				and positions, maneuver areas, firing lanes, test pads, detonation pads, impact
				areas, and buffer zones with restricted access and exclusionary areas.
"Miscellaneous unit" means a dangerous waste management unit
				where dangerous waste is treated, stored, or disposed of and that is not a
				container, tank, surface impoundment, pile, land treatment unit, landfill,
				incinerator, boiler, industrial furnace, underground injection well with
				appropriate technical standards under  40 C.F.R. Part 146, containment building,
				corrective action management unit, temporary unit, staging pile, or unit
				eligible for a research, development, and demonstration permit under WAC
				173-303-809.
"Mixed waste" means a dangerous, extremely hazardous, or
				acutely hazardous waste that contains both a nonra-dioactive hazardous
				component and, as defined by
				10
				C.F.R. 20.1003, source, special nuclear, or
				by-product material subject to the Atomic Energy Act of 1954 (42 U.S.C.
				2011 et seq.).
"New tank system" or "new tank component" means a tank system
				or component that will be used for the storage or treatment of dangerous waste
				and for which installation has commenced after February 3, 1989; except,
				however, for purposes of WAC
				173-303-640(4)(g)(ii) and
				40 C.F.R.
				265.193(g)(2) as adopted by
				reference in WAC
				173-303-400(3),
				a new tank system is one for which construction commences after February 3,
				1989. (See also "existing tank system.")
"New TSD facility" means a facility which began operation or
				for which construction commenced after November 19, 1980, for wastes designated
				by 40 C.F.R. Part 261, or August 9, 1982, for wastes designated only by this
				chapter and not designated by 40 C.F.R. Part 261.
"NIOSH registry" means the registry of toxic effects of
				chemical substances which is published by the National Institute for
				Occupational Safety and Health.
"No free liquids" as used in WAC
				173-303-071(3)(rr)
				and (ss), means that solvent-contaminated
				wipes may not contain free liquids as determined by Method 9095B (Paint Filter
				Liquids Test), included in "Test Methods for Evaluating Solid Waste,
				Physical/Chemical Methods" (EPA Publication SW-846), which is incorporated by
				reference, and that there is no free liquid in the container holding the
				wipes.
"Nonprofit research institute" see WAC
				173-303-235.
"Nonsudden accident" or "nonsudden accidental occurrence" means
				an unforeseen and unexpected occurrence which takes place over time and
				involves continuous or repeated exposure.
"Occurrence" means an accident, including continuous or
				repeated exposure to conditions, which results in bodily injury or property
				damage which the owner or operator neither expected nor intended to
				occur.
"Off-specification used oil fuel" means used oil fuel that
				exceeds any specification level described in Table 1 in WAC
				173-303-515.
"Onground tank" means a device meeting the definition of "tank"
				in this section and that is situated in such a way that the bottom of the tank
				is on the same level as the adjacent surrounding surface so that the external
				tank bottom cannot be visually inspected.
"On-site" means the same or geographically contiguous property
				which may be divided by public or private right of way, provided that the
				entrance and exit between the properties is at a cross-roads intersection, and
				access is by crossing as opposed to going along the right of way. Noncontiguous
				properties owned by the same person but connected by a right of way which they
				control and to which the public does not have access, are also considered
				on-site property.
"Operator" means the person responsible for the overall
				operation of a facility. (See also "state operator.")
"Oral Rat LD50" means the single dosage
				in milligrams per kilogram (mg/kg) body weight, when orally administered,
				which, within fourteen days, kills half a group of ten or more white rats each
				weighing between 200 and 300 grams.
"Organic/carbonaceous waste" means a dangerous waste that
				contains combined concentrations of greater than ten percent
				organic/carbonaceous constituents in the waste; organic/carbonaceous
				constituents are those substances that contain carbon-hydrogen, carbon-halogen,
				or carbon-carbon chemical bonding.
"Partial closure" means the closure of a dangerous waste
				management unit in accordance with the applicable closure requirements of WAC
				173-303-400
				and
				173-303-600
				through
				173-303-695
				at a facility that contains other active dangerous waste management units. For
				example, partial closure may include the closure of a tank (including its
				associated piping and underlying containment systems), landfill cell, surface
				impoundment, waste pile, or other dangerous waste management unit, while other
				units of the same facility continue to operate.
"Permit" means an authorization which allows a person to
				perform dangerous waste transfer, storage, treatment, or disposal operations,
				and which typically will include specific conditions for such facility
				operations. Permits must be issued by one of the following:
The department, pursuant to this chapter;
United States EPA, pursuant to 40 C.F.R. Part 270; or
Another state authorized by EPA, pursuant to 40 C.F.R. Part
				271.
"Permit-by-rule" means a provision of this chapter stating that
				a facility or activity is deemed to have a dangerous waste permit if it meets
				the requirements of the provision.
"Persistence" means the quality of a material that retains more
				than half of its initial activity after one year (365 days) in either a dark
				anaerobic or dark aerobic environment at ambient conditions. Persistent
				compounds are either haloge-nated organic compounds (HOC) or polycyclic
				aromatic hydrocarbons (PAH) as defined in this section.
"Person" means an individual, trust, firm, joint stock company,
				federal agency, corporation (including a government corporation), partnership,
				association, state, municipality, commission, political subdivision of a state,
				or any interstate body.
"Personnel or facility personnel" means all persons who work
				at, or oversee the operations of, a dangerous waste facility, and whose actions
				or failure to act may result in noncom-pliance with the requirements of WAC
				173-303-400
				or
				173-303-280
				through
				173-303-395
				and
				173-303-600
				through
				173-303-695.
"Pesticide" means but is not limited to: Any substance or
				mixture of substances intended to prevent, destroy, control, repel, or mitigate
				any insect, rodent, nematode, mollusk, fungus, weed, and any other form of
				plant or animal life, or virus (except virus on or in living man or other
				animal) which is normally considered to be a pest or which the department of
				agriculture may declare to be a pest; any substance or mixture of substances
				intended to be used as a plant regulator, defoliant, or desiccant; any
				substance or mixture of substances intended to be used as spray adjuvant; and,
				any other substance intended for such use as may be named by the department of
				agriculture by regulation. Herbicides, fungicides, insecticides, and
				rodenticides are pesticides for the purposes of this chapter.
"Pile" means any noncontainerized accumulation of solid,
				nonflowing dangerous waste that is used for treatment or storage.
"Plasma arc incinerator" means any enclosed device using a high
				intensity electrical discharge or arc as a source of heat followed by an
				afterburner using controlled flame combustion and which is not listed as an
				industrial furnace.
"Point of generation" means the point, including both the date
				and place, a material is first identified as a solid waste under this chapter
				173-303 WAC.
"Point source" means any confined and discrete conveyance from
				which pollutants are or may be discharged. This term includes, but is not
				limited to, pipes, ditches, channels, tunnels, wells, cracks, containers,
				rolling stock, concentrated animal feeding operations, or watercraft, but does
				not include return flows from irrigated agriculture.
"Polycyclic aromatic hydrocarbons" (PAH) means those
				hydrocarbon molecules composed of two or more fused benzene rings. For purposes
				of this chapter, the PAHs of concern for designation are: Acenaphthene,
				acenaphthylene, fluorene, anthracene, fluoranthene, phenanthrene,
				benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, pyrene,
				chry-sene, benzo(a)pyrene, dibenz(a,h)anthracene, indeno(1,2,3-c,d)pyrene,
				benzo(g,h,i)perylene, dibenzo [(a,e), (a,h), (a,i), and (a,1)] pyrenes, and
				dibenzo(a,j) acridine.
"Post-closure" means the requirements placed upon disposal
				facilities (e.g., landfills, impoundments closed as disposal facilities, etc.)
				after closure to ensure their environmental safety for a number of years after
				closure. (See also "closure.")
"Processed scrap metal" is scrap metal that has been manually
				or physically altered to either separate it into distinct materials to enhance
				economic value or to improve the handling of materials. Processed scrap metal
				includes, but is not limited to, scrap metal which has been baled, shredded,
				sheared, chopped, crushed, flattened, cut, melted, or separated by metal type
				(that is, sorted), and fines, drosses and related materials that have been
				agglomerated. Note: Shredded circuit boards being sent for recycling are not
				considered processed scrap metal. They are covered under the exclusion from the
				definition of solid waste for shredded circuit boards being recycled (WAC
				173-303-071(3)(gg)).
"Prompt scrap metal" is scrap metal as generated by the metal
				working/fabrication industries and includes such scrap metal as turnings,
				cuttings, punchings, and borings. Prompt scrap is also known as industrial or
				new scrap metal.
"Publicly owned treatment works" or "POTW" means any device or
				system, owned by the state or a municipality, which is used in the treatment,
				recycling, or reclamation of municipal sewage or liquid industrial wastes. This
				term
includes sewers, pipes, or other conveyances only if they
				convey wastewater to a POTW.
"Qualified groundwater scientist" means a scientist or engineer
				who has received a baccalaureate or post-graduate degree in the natural
				sciences or engineering, and has sufficient training and experience in
				groundwater hydrology and related fields to make sound professional judgments
				regarding groundwater monitoring and contaminant fate and transport. Sufficient
				training and experience may be demonstrated by state registration, professional
				certifications, or completion of accredited university courses.
"Reactive acutely hazardous unwanted material" see WAC
				173-303-235.
"Reactive waste" means a dangerous waste that exhibits the
				characteristic of reactivity described in WAC
				173-303-090(7).
"Reclaim" means to process a material in order to recover
				useable products, or to regenerate the material. Reclamation is the process of
				reclaiming.
"Recognized trader" means a person domiciled in the United
				States, by site of business, who acts to arrange and facilitate transboundary
				movements of waste destined for recovery or disposal operations, either by
				purchasing from and subsequently selling to United States and foreign
				facilities, or by acting under arrangements with a United States waste facility
				to arrange for the export or import of the waste.
"Recover" means extract a useable material from a solid or
				dangerous waste through a physical, chemical, biological, or thermal process.
				Recovery is the process of recovering.
"Recycle" means to use, reuse, or reclaim a material.
"Recycling unit" is a contiguous area of land, structures and
				equipment where materials designated as dangerous waste or used oil are placed
				or processed in order to recover useable products or regenerate the original
				materials. For the purposes of this definition, "placement" does not mean
				"storage" when conducted within the provisions of WAC
				173-303-120(4).
				A container, tank, or processing equipment alone does not constitute a unit;
				the unit includes containers, tanks or other processing equipment, their
				ancillary equipment and secondary containment system, and the land upon which
				they are placed.
"Registration number" means the number assigned by the
				department of ecology to a transporter who owns or leases and operates a
				ten-day transfer facility within Washington state.
"Regulated unit" means any new or existing surface impoundment,
				landfill, land treatment area or waste pile that receives any dangerous waste
				after:
July 26, 1982, for wastes regulated by 40 C.F.R. Part
				261;
October 31, 1984 for wastes designated only by this chapter and
				not regulated by 40 C.F.R. Part 261; or
The date six months after a waste is newly identified by
				amendments to 40 C.F.R. Part 261 or this chapter which cause the waste to be
				regulated.
"Release" means any intentional or unintentional spilling,
				leaking, pouring, emitting, emptying, discharging, injecting, pumping,
				escaping, leaching, dumping, or disposing of dangerous wastes, or dangerous
				constituents as defined at WAC
				173-303-64610(4),
				into the environment and includes the abandonment or discarding of barrels,
				containers, and other receptacles containing dangerous wastes or dangerous
				constituents and includes the definition of release at
				RCW
				   70.105D.020(32).
"Remediation waste" means all solid and dangerous wastes, and
				all media (including groundwater, surface water, soils, and sediments) and
				debris, that are managed for implementing cleanup.
"Replacement unit" means a landfill, surface impoundment, or
				waste pile unit from which all or substantially all of the waste is removed,
				and that is subsequently reused to treat, store, or dispose of dangerous waste.
				"Replacement unit" does not apply to a unit from which waste is removed during
				closure, if the subsequent reuse solely involves the disposal of waste from
				that unit and other closing units or corrective action areas at the facility,
				in accordance with an approved closure plan or EPA or state approved corrective
				action.
"Representative sample" means a sample which can be expected to
				exhibit the average properties of the sample source.
"Reuse or use" means to employ a material either:
As an ingredient (including use as an intermediate) in an
				industrial process to make a product (for example, distillation bottoms from
				one process used as feedstock in another process). However, a material will not
				satisfy this condition if distinct components of the material are recovered as
				separate end products (as when metals are recovered from metal-containing
				secondary materials); or
In a particular function or application as an effective
				substitute for a commercial product (for example, spent pickle liquor used as
				phosphorous precipitant and sludge conditioner in wastewater treatment).
"Runoff" means any rainwater, leachate, or other liquid which
				drains over land from any part of a facility.
"Run-on" means any rainwater, leachate, or other liquid which
				drains over land onto any part of a facility.
"Satellite accumulation area" means a location at or near any
				point of generation where dangerous waste is initially accumulated in
				containers (during routine operations) prior to consolidation at a designated
				central accumulation area or storage area. The area must be under the control
				of the operator of the process generating the waste or secured at all times to
				prevent improper additions of wastes into the satellite containers.
"Schedule of compliance" means a schedule of remedial measures
				in a permit including an enforceable sequence of interim requirements leading
				to compliance with this chapter.
"Scrap metal" means bits and pieces of metal parts (e.g., bars,
				turnings, rods, sheets, wire) or metal pieces that may be combined together
				with bolts or soldering (e.g., radiators, scrap automobiles, railroad box
				cars), which when worn or superfluous can be recycled.
"Sludge" means any solid, semisolid, or liquid waste generated
				from a municipal, commercial, or industrial waste-water treatment plant, water
				supply treatment plant, or air pollution control facility. This term does not
				include the treated effluent from a wastewater treatment plant.
"Sludge dryer" means any enclosed thermal treatment device that
				is used to dehydrate sludge and that has a maximum total thermal input,
				excluding the heating value of the
sludge itself, of 2,500 Btu/lb of sludge treated on a
				wet-weight basis.
"Small quantity generator" means a generator who generates less
				than or equal to the following amounts in a calendar month:
* 220 lb (100 kg) of dangerous waste that is not acute
				hazardous waste and/or WT01 EHW;
* 2.2 lb (1 kg) of acute hazardous waste and/or WT01 EHW;
				and
* 220 lb (100 kg) of any residue or contaminated soil, water,
				or other debris resulting from the cleanup of a spill, into or on any land or
				water, of any acute hazardous waste and/or WT01 EHW.
"Small quantity handler of universal waste" means a universal
				waste handler (as defined in this section) who does not accumulate 11,000
				pounds or more total of universal waste (batteries, mercury-containing
				equipment, and lamps, calculated collectively) and/or who does not accumulate
				more than 2,200 pounds of lamps at any time.
"Solid acid waste" means a dangerous waste that exhibits the
				characteristic of low pH under the corrosivity tests of WAC
				173-303-090(6)(a)(iii).
"Solid waste management unit" or "SWMU" means any discernible
				location at a facility, as defined for the purposes of corrective action, where
				solid wastes have been placed at any time, irrespective of whether the location
				was intended for the management of solid or dangerous waste. Such locations
				include any area at a facility at which solid wastes, including spills, have
				been routinely and systematically released. Such units include regulated units
				as defined by chapter 173-303 WAC.
"Solvent-contaminated wipe" means:
(a) A wipe that, after use or after cleaning up a spill,
				either:
(i) Contains one or more of the F001 through F005 solvents
				listed in WAC
				173-303-082
				or the corresponding P- or U- listed solvents found in WAC
				173-303-081;
(ii) Exhibits a dangerous waste characteristic found in WAC
				173-303-090
				when that characteristic results from a solvent listed in WAC
				173-303-080;
(iii) Exhibits only the dangerous waste characteristic of
				ignitability found in WAC
				173-303-090(5) due to the presence of one or more solvents that are not listed in WAC
				173-303-080;
				or
(iv) Designates only for dangerous waste criteria found in WAC
				173-303-100
				and is not designated by 40 C.F.R. Part 261.
(b) Solvent-contaminated wipes that contain listed dangerous
				waste other than solvents, or exhibit the characteristic of toxicity,
				corrosivity, or reactivity due to contaminants other than solvents, are not
				eligible for the exclusions at WAC
				173-303-071(3)(rr)
				and (ss).
"Sorbent" means a material that is used to soak up free liquids
				by either adsorption or absorption, or both.
Sorb
means to
				either adsorb or absorb, or both.
"Special incinerator ash" means ash residues resulting from the
				operation of incineration or energy recovery facilities managing municipal
				solid waste from residential, commercial and industrial establishments, if the
				ash residues are designated as dangerous waste only by this chapter and not
				designated as hazardous waste by 40 C.F.R. Part 261.
"Special waste" means any state-only dangerous waste that is
				solid only (nonliquid, nonaqueous, nongaseous), that is: Corrosive waste (WAC
				173-303-090(6)(b)(ii)), toxic waste that has Category D toxicity (WAC
				173-303-100(5)), PCB waste (WAC
				173-303-9904
				under State Sources), or persistent waste that is not EHW (WAC
				173-303-100(6)). Any solid waste that is regulated by the United States EPA as hazardous
				waste cannot be a special waste.
"Spent material" means any material that has been used and as a
				result of contamination can no longer serve the purpose for which it was
				produced without processing.
"Stabilization" and "solidification" means a technique that
				limits the solubility and mobility of dangerous waste constituents.
				Solidification immobilizes a waste through physical means and stabilization
				immobilizes the waste by bonding or chemically reacting with the stabilizing
				material.
"Staging pile" means an accumulation of solid, nonflow-ing,
				remediation waste that is not a containment building or a corrective action
				management unit and that is used for temporary storage of remediation waste for
				implementing corrective action under WAC
				173-303-646 or
				other clean up activities. Staging piles must be designated by the department
				according to the requirements of WAC
				173-303-64690.
"State-only dangerous waste" means a waste designated only by
				this chapter, chapter 173-303 WAC, and is not regulated as a hazardous waste
				under 40 C.F.R. Part 261.
"State operator" means the person responsible for the overall
				operation of the state's extremely hazardous waste facility on the Hanford
				Reservation.
"Storage" means the holding of dangerous waste for a temporary
				period. "Accumulation" of dangerous waste, by the generator on the site of
				generation, is storage of dangerous waste and can be managed under the
				applicable conditions for exemption of WAC
				173-303-170(2)(b).
"Sudden accident" means an unforeseen and unexpected occurrence
				which is not continuous or repeated in nature.
"Sump" means any pit or reservoir that meets the definition of
				tank and those troughs/trenches connected to it that serves to collect
				dangerous waste for transport to dangerous waste storage, treatment, or
				disposal facilities; except that as used in the landfill, surface impoundment,
				and waste pile rules, "sump" means any lined pit or reservoir that serves to
				collect liquids drained from a leachate collection and removal system or leak
				detection system for subsequent removal from the system.
"Surface impoundment" means a facility or part of a facility
				which is a natural topographic depression, man-made excavation, or diked area
				formed primarily of earthen materials (although it may be lined with man-made
				materials), and which is designed to hold an accumulation of liquid wastes or
				wastes containing free liquids. The term includes holding, storage, settling,
				and aeration pits, ponds, or lagoons, but does not include injection
				wells.
"Tank" means a stationary device designed to contain an
				accumulation of dangerous waste, and which is constructed primarily of
				nonearthen materials to provide structural support.
"Tank system" means a dangerous waste storage or treatment tank
				and its associated ancillary equipment and containment system.
"Teaching hospital" see WAC
				173-303-235.
"Temporary unit" means a tank or container that is not an
				accumulation unit under WAC
				173-303-200
				and that is used for temporary treatment or storage of remediation waste for
				implementing corrective action under WAC
				173-303-646 or
				other clean up activities.
"
TEQ
" means toxicity equivalence, the
				international method of relating the toxicity of various dioxin/furan congeners
				to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.
"Thermal treatment" means the treatment of dangerous waste in a
				device which uses elevated temperatures as the primary means to change the
				chemical, physical, or biological character or composition of the dangerous
				waste. Examples of thermal treatment processes are incineration, molten salt,
				pyrolysis, calcination, wet air oxidation, and microwave discharge.
"Thermostat" means a temperature control device that contains
				metallic mercury in an ampule attached to a bimetal sensing element, and
				mercury-containing ampules that have been removed from these temperature
				control devices in compliance with the requirements of WAC
				173-303-573(9)(b)(ii)
				or (20)(b)(ii).
"TLm96" means the same as "Aquatic
				LC50."
"Totally enclosed treatment facility" means a facility for
				treating dangerous waste which is directly connected to a production process
				and which prevents the release of dangerous waste or dangerous waste
				constituents into the environment during treatment.
"Toxic" means having the properties to cause or to
				significantly contribute to death, injury, or illness of man or
				wildlife.
"Trained professional" see WAC
				173-303-235.
"Transfer facility" means any transportation related facility
				including loading docks, parking areas, storage areas, buildings, piers, and
				other similar areas where shipments of dangerous waste or hazardous secondary
				materials are held, consolidated, or transferred within a period of ten days or
				less during the normal course of transportation.
"Transport vehicle" means a motor vehicle, water vessel, or
				rail car used for the transportation of cargo by any mode. Each cargo-carrying
				body (trailer, railroad freight car, steamship, etc.) is a separate transport
				vehicle.
"Transportation" means the movement of dangerous waste by air,
				rail, highway, or water.
"Transporter" means a person engaged in the off-site
				transportation of dangerous waste.
"Travel time" means the period of time necessary for a
				dangerous waste constituent released to the soil (either by accident or intent)
				to enter any on-site or off-site aquifer or water supply system.
"Treatability study" means a study in which a dangerous waste
				is subjected to a treatment process to determine: Whether the waste is amenable
				to the treatment process; what pretreatment (if any) is required; the optimal
				process conditions needed to achieve the desired treatment; the efficiency of a
				treatment process for a specific waste or wastes; or the characteristics and
				volumes of residuals from a particula treatment process. Also included in this
				definition for the purpose of the exemptions contained in WAC
				173-303-071(3)(r) and
				(s), are liner compatibility, corrosion, and
				other material compatibility studies and toxicological and health effects
				studies. A "treatability study" is not a means to commercially treat or dispose
				of dangerous waste.
"Treatment" means the physical, chemical, or biological
				processing of dangerous waste to make such wastes nondan-gerous or less
				dangerous, safer for transport, amenable for energy or material resource
				recovery, amenable for storage, or reduced in volume, with the exception of
				compacting, repackaging, and sorting as allowed under WAC
				173-303-400(2) and
				173-303-600(3).
"Treatment zone" means a soil area of the unsaturated zone of a
				land treatment unit within which dangerous wastes are degraded, transformed or
				immobilized.
"Triple rinsing" means the cleaning of containers in accordance
				with the requirements of WAC
				173-303-160(2)(b),
				containers.
"Underground injection" means the subsurface emplacement of
				fluids through a bored, drilled, or driven well, or through a dug well, where
				the depth of the dug well is greater than the largest surface dimension.
"Underground source of drinking water" (USDW) means an aquifer
				or its portion:
* Which supplies any public water system or contains a
				sufficient quantity of groundwater to supply a public water system; and
				currently supplies drinking water for human consumption or contains fewer than
				10,000 mg/l total dissolved solids; and
* Which is not an exempted aquifer.
"USDW" means underground source of drinking water.
"Underground tank" means a device meeting the definition of
				"tank" in this section whose entire surface area is totally below the surface
				of and covered by the ground.
"Unexploded ordnance (UXO)" means military munitions that have
				been primed, fused, armed, or otherwise prepared for action, and have been
				fired, dropped, launched, projected, or placed in such a manner as to
				constitute a hazard to operations, installation, personnel, or material and
				remain unexploded either by malfunction, design, or any other cause.
"Unfit-for-use tank system" means a tank system that has been
				determined through an integrity assessment or other inspection to be no longer
				capable of storing or treating dangerous waste without posing a threat of
				release of dangerous waste to the environment.
"Universal waste" means any of the following dangerous wastes
				that are subject to the universal waste requirements of WAC
				173-303-573:
Batteries as described in WAC
				173-303-573(2);
Mercury-containing equipment as described in WAC
				173-303-573(3);
				and
Lamps as described in WAC
				173-303-573(5).
"Universal waste handler":
Means:
A generator (as defined in this section) of universal waste;
				or
The owner or operator of a facility, including all contiguous
				property, that receives universal waste from other universal waste handlers,
				accumulates universal waste, and sends universal waste to another universal
				waste handler, to a destination facility, or to a foreign destination.
Does not mean:
A person who treats (except under the provisions of WAC
				173-303-573(9)(a),
				(b), or (c) or (20)(a), (b), or (c)) 
				disposes of, or recycles universal waste; or
A person engaged in the off-site transportation of universal
				waste by air, rail, highway, or water, including a universal waste transfer
				facility.
"Universal waste transfer facility" means any
				transportation-related facility including loading docks, parking areas, storage
				areas and other similar areas where shipments of universal waste are held
				during the normal course of transportation for ten days or less.
"Universal waste transporter" means a person engaged in the
				off-site transportation of universal waste by air, rail, highway, or
				water.
"Unsaturated zone" means the zone between the land surface and
				the water table.
"Uppermost aquifer" means the geological formation nearest the
				natural ground surface that is capable of yielding groundwater to wells or
				springs. It includes lower aquifers that are hydraulically interconnected with
				this aquifer within the facility property boundary.
"Used oil" means any oil that has been refined from crude oil,
				or any synthetic oil, that has been used and as a result of such use is
				contaminated by physical or chemical impurities.
"User of the electronic manifest system" means a dangerous
				waste generator, a dangerous waste transporter, an owner or operator of a
				dangerous waste treatment, storage, recycling or disposal facility, or any
				other person that:
* Is required to use a manifest to comply with:
-Any federal or state requirement to track the shipment,
				transportation, and receipt of dangerous waste or other waste material that is
				shipped from the site of generation to an off-site designated facility for
				treatment, storage, recycling or disposal; or
-Any federal or state requirement to track the shipment,
				transportation, and receipt of rejected wastes or regulated container residues
				that are shipped from a designated facility to an alternative facility, or
				returned to the generator; and
* Elects to use the system to obtain, complete, and transmit an
				electronic manifest format supplied by the EPA electronic manifest system;
				or
* Elects to use the paper manifest form and submits to the
				system for data processing purposes a paper copy of the manifest (or data from
				such paper copy), in accordance with WAC
				173-303-370(2)(e).
				These paper copies are submitted for data exchange purposes only and are not
				the official copies of record for legal purposes.
"Unwanted material" see WAC
				173-303-235.
"Vessel" includes every description of watercraft, used or
				capable of being used as a means of transportation on the water.
"Waste-derived fertilizer" means a commercial fertilizer that
				is derived in whole or in part from solid waste as defined in chapter 70.95 or
				70.105 RCW, or rules adopted thereunder, but does not include fertilizers
				derived from biosolids or biosolid products regulated under chapter 70.95J RCW
				or wastewaters regulated under chapter 90.48 RCW.
"Wastewater treatment unit" means a device that:
Is part of a wastewater treatment facility which is subject to
				regulation under either:
Section 402 or section 307(b) of the Federal Clean Water Act;
				or
Chapter 90.48 RCW, State Water Pollution Control Act, provided
				that the waste treated at the facility is a state-only dangerous waste;
				and
Handles dangerous waste in the following manner:
Receives and treats or stores an influent wastewater; or
Generates and accumulates or treats or stores a wastewa-ter
				treatment sludge; and
Meets the definition of tank or tank system in this
				section.
"Water or rail (bulk shipment)" means the bulk transportation
				of dangerous waste which is loaded or carried on board a vessel or railcar
				without containers or labels.
"Weekly inspections" means at least once during the period from
				Sunday to Saturday.
"Wipe" means a woven or nonwoven shop towel, rag, pad, or swab
				made of wood pulp, fabric, cotton, polyester blends, or other material.
"Working container" see WAC
				173-303-235.
"Zone of engineering control" means an area under the control
				of the owner/operator that, upon detection of a dangerous waste release, can be
				readily cleaned up prior to the release of dangerous waste or dangerous
				constituents to groundwater or surface water.
Any terms used in this chapter which have not been defined in
				this section have either the same meaning as set forth in Title 40 C.F.R. Parts
				260, 264, 270, and 124 or else have their standard, technical meaning.
As used in this chapter, words in the masculine gender also
				include the feminine and neuter genders, words in the singular include the
				plural, and words in the plural include the singular.
Reviser's note:
The brackets and enclosed
				  material in the text of the above section occurred in the copy filed by the
				  agency and appear in the Register pursuant to the requirements of
				  RCW
				     34.08.040.
Statutory Authority:
				  Chapters
				  70.105 and
				  70.105D RCW. 09-14-105 (Order
				  07-12), § 173-303-040, filed 6/30/09, effective 7/31/09. Statutory
				  Authority: Chapters 70.95N,
				  70.105, and
				  70.105D RCW. 07-21-013 (Order
				  07-05), § 173-303-040, filed 10/5/07, effective 11/5/07. Statutory
				  Authority:
				  Chapters
				  70.105,
				  70.105D, and
				  15.54 RCW and
				  RCW
				     70.105.007. 04-24-065 (Order 03-10), §
				  173-303-040, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
				  173-303-040, filed 5/10/00, effective 6/10/00. Statutory Authority:
				  Chapters
				  70.105 and
				  70.105D RCW. 98-03-018 (Order
				  97-03), § 173-303-040, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
				  94-30), § 173-303-040, filed 10/19/95, effective 11/19/95; 94-01-060
				  (Order 92-33), § 173-303-040, filed 12/8/93, effective 1/8/94. Statutory
				  Authority:
				  Chapters
				  70.105 and
				  70.105D RCW,  40 C.F.R. Part 271.3
				   and RCRA § 3006 (  42 U.S.C. 3251). 91-07-005 (Order 90-42), §
				  173-303-040, filed 3/7/91, effective 4/7/91. Statutory Authority:
				  Chapter
				  70.105 RCW. 89-02-059
				  (Order 88-24), § 173-303-040, filed 1/4/89; 87-14-029 (Order DE-87-4),
				  § 173-303-040, filed 6/26/87; 86-12-057 (Order DE-85-10), §
				  173-303-040, filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-040,
				  filed 4/18/84. Statutory Authority:
				  RCW
				     70.95.260 and
				  chapter
				  70.105 RCW. 82-05-023
				  (Order DE 81-33), § 173-303-040, filed 2/10/82. Formerly WAC
				  173-302-040.
Reviser's note: The brackets and enclosed material in the
				  text of the above section occurred in the copy filed by the
				  agency.