reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-320 - Permit fees

Current through Register Vol. 24-14, July 15, 2024
(1) All facilities
			 that are required to obtain a permit must pay an annual biosolids permit fee to
			 the department.
(2) Biosolids
			 permit fees are assessed on an annual basis and apply regardless of the date of
			 issuance of a permit.
(3) Except
			 for those facilities described in subsection (4)(h) of this section, biosolids
			 permit fees are assessed and collected for fiscal years for wastewater
			 treatment facilities and for calendar years for receiving-only facilities and
			 septage management facilities. Fees are due and payable within forty-five days
			 after the department mails a billing statement.
(a) Fees are considered delinquent if they
			 are not received by the first invoice billing due date.
(i) If a fee is determined to be delinquent,
			 the permittee will be notified by certified letter and have thirty days to
			 bring their account up-to-date before further action is taken by the
			 department.
(ii) Failure to pay a
			 fee is a cause for termination of a permit in accordance with WAC
			 173-308-310(24).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-900 - Appendix A - Procedure to determine the annual whole biosolids application rate

Current through Register Vol. 24-14, July 15, 2024
When biosolids are sold or given away in a bag or other
				container for application to the land, and any of the pollutant concentration
				limits in Table 3 of WAC
				173-308-160 are exceeded, the
				mathematical product of the concentration in the biosolids of each pollutant
				listed in Table 4 of WAC
				173-308-160 and the annual whole
				biosolids application rate (AWBAR) must not cause the annual pollutant loading
				rate for the pollutant in Table 4 of WAC
				173-308-160 to be exceeded. This
				appendix contains the procedure used to determine an AWBAR that does not cause
				the annual pollutant loading rates in Table 4 of WAC
				173-308-160 to be exceeded. The
				relationship between the annual pollutant loading rate (APLR) for a pollutant
				and the annual whole biosolids application rate (AWBAR) is shown in equation
				(7).
APLR = C* AWBAR * 0.001
Equation (7)
Where:
APLR = Annual pollutant loading rate in kilograms per hectare
				per 365 day period.
C = Pollutant concentration in milligrams, per kilogram of
				total solids (dry weight basis).
AWBAR = Annual whole biosolids application rate in metric tons
				per hectare per 365 day period (dry weight basis).
0.001 = A conversion factor.
To determine the AWBAR, equation (7) is rearranged into
				equation (8):
APLR
- - - - - - - - - - - - - -
C * 0.001
AWBAR
=
Equation (8)
The procedure used to determine the AWBAR is presented
				below.
Procedure:
1.Analyze a
			 sample of the biosolids to determine the concentration for each of the
			 pollutants listed in Table 4 of WAC
			 173-308-160.
2.Using the pollutant concentrations from
			 Step 1 and the APLRs from Table 4 of WAC
			 173-308-160, calculate an AWBAR
			 for each pollutant using equation (8).
3.The correct AWBAR is the lowest AWBAR
			 calculated in Step 2.
Statutory Authority:
				  RCW
				  70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-900, filed 2/18/98, effective
				  3/21/98.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-90001 - Appendix 1 - Minimum content for a permit application

Current through Register Vol. 24-14, July 15, 2024
(1) The activities conducted by the applicant
			 that require it to obtain a permit, and if applying under a general permit, the
			 name of the permit.
(2) Name,
			 mailing address, and location of the facility for which the application is
			 submitted.
(3) The operator's name,
			 address, telephone number, ownership status, and status as federal, state,
			 private, public, or other entity.
(4) Whether or not the facility or any
			 associated facilities or land applications sites are located on tribal or
			 federal lands.
(5) A listing of
			 other relevant environmental permits, and all permits or construction approvals
			 received or applied for under any of the following programs:
(a) Hazardous waste management program under
			 the Resource Conservation and Recovery Act.
(b) Underground injection control program
			 under the Safe Drinking Water Act.
(c) National pollutant discharge elimination
			 system program under the Clean Water Act.
(d) Prevention of significant deterioration
			 program under the Clean Air Act.
(e) Nonattainment program under the Clean Air
			 Act.
(f) National emission
			 standards for hazardous pollutants preconstruction approval under the Clean Air
			 Act.
(g) Ocean dumping permits
			 under the Marine Protection, Research, and Sanctuaries Act.
(h) Dredge or fill permits under section 404
			 of the Clean Water Act.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-90002 - Appendix 2 - Minimum content for a notice of intent to be covered under a general permit

Current through Register Vol. 24-14, July 15, 2024
(1) The name of
			 the general permit under which coverage is being sought, and a statement
			 declaring the applicant's intent to comply with the requirements of the
			 permit.
(2) The activities
			 conducted by the applicant that require it to obtain coverage.
(3) Name, mailing address, and location of
			 the facility for which the application is submitted.
(4) The operator's name, address, telephone
			 number, ownership status, and status as federal, state, private, public, or
			 other entity.
(5) The location and
			 a description of any site(s) where biosolids or sewage sludge are treated,
			 stored, disposed, or applied, and whether or not any permit, including a local
			 solid waste permit has been issued for a site.
(6) Any information specifically required for
			 a notice of intent under the applicable general permit.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-90002, filed 5/24/07, effective
				  6/24/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-90003 - Appendix 3 - Minimum content for a site specific land application plan

Current through Register Vol. 24-14, July 15, 2024
(1) Whether or not
			 it is known or can be determined that biosolids containing pollutants in excess
			 of the values WAC
			 173-308-160 Table 3 have ever
			 been applied to the site, and if so:
(a) The
			 date(s) when the biosolids were applied (if known).
(b) The amount of biosolids applied (if
			 known).
(c) The concentrations of
			 the pollutants in the biosolids (if known).
(d) The area(s) of the site to which the
			 biosolids were applied (if known).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-90004 - Appendix 4 - Minimum content for a general land application plan

Current through Register Vol. 24-14, July 15, 2024
(1) Describes the
			 geographical area covered by the plan, including the names of all counties and
			 water resource inventory areas where biosolids may be applied.
(2) Identifies site selection
			 criteria.
(3) Describes how sites
			 will be managed.
(4) Provides for
			 not less than thirty days advance notice to the department of new or expanded
			 land application sites, including those subject to provisional approval under
			 WAC 173-308-310(18),
			 to allow time for the department to object prior to the biosolids
			 application.
(5) Provides for
			 advance public notice as required in WAC
			 173-308-310(13),
			 and that is reasonably calculated to reach potentially interested adjacent and
			 abutting property owners.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-90004, filed 5/24/07, effective
				  6/24/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-90005 - Appendix 5 - Procedures for issuing general permits

Current through Register Vol. 24-14, July 15, 2024
When the department issues general permits, it will do so in
				accordance with the procedures in this section.
(1)
General permit coverage.
(a) The director may issue general permits to
			 satisfy any or all of the biosolids management requirements in chapter 70.95J
			 RCW or other applicable state or federal biosolids management
			 requirements.
(b) The director may
			 issue general permits to cover categories or subcategories of facilities within
			 appropriate geographic areas.
(c)
			 General permits may be written to cover categories of treatment works treating
			 domestic sewage that meet all of the following requirements:
(i) Involve the same or substantially similar
			 types of operations.
(ii) Engage in
			 the same types of biosolids use or sewage sludge disposal practices.
(iii) Require the same or substantially
			 similar operating conditions or standards for biosolids use or sewage sludge
			 disposal.
(iv) Require the same or
			 substantially similar monitoring.
(v) In the opinion of the director are more
			 appropriately controlled under a general permit than under individual
			 permits.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-310 - Litter receptacles › Section 173-310-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
By the provisions of
				chapter
				70.93 RCW, the department
				of ecology has been delegated authority to conduct a permanent and continuous
				program to control and remove litter from this state to the maximum practical
				extent possible. The purpose of this chapter is to provide minimum standards
				for litter receptacles and to prescribe the use, placement and distribution of
				litter receptacles throughout the state, under the authority set forth in
				RCW
				   70.93.040 and
				70.93.090.
Statutory Authority:
				  Chapter
				  70.93 RCW. 00-19-015
				  (Order 00-18), § 173-310-010, filed 9/8/00, effective 10/9/00; Order
				  72-10, § 173-310-010, filed 5/15/72, effective
				  9/1/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-310 - Litter receptacles › Section 173-310-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following words and phrases as used herein have the
				following meanings, unless context clearly dictates otherwise:
(1) "Anti-litter symbol" means the standard
			 symbol adopted herein by the department.
(2) "Department" means the Washington state
			 department of ecology.
(3) "Litter"
			 means all waste materials including, but not limited to, disposable packages or
			 containers susceptible to being dropped, deposited, discarded or otherwise
			 disposed of upon any property in the state, and solid waste that is illegally
			 dumped, but not including the wastes of primary processes of mining, logging,
			 sawmilling, farming or manufacturing.
(4) "Litter receptacle" means containers for
			 the disposal of litter of not more than 60-gallon capacity: Provided, That
			 special containers of larger capacity such as those referred to as "dumpsters,"
			 and garbage containers, or other waste containers serving single or multifamily
			 residences are not included within this definition and their use is in no way
			 regulated or affected by this chapter.
(5) "Person" means any industry, public or
			 private corporation, copartnership, association, firm, individual, or other
			 entity whatsoever.
(6) "Public
			 place" means any area that is used or held out for the use of the public
			 whether owned and operated by public or private interests, but not including
			 indoor areas. An indoor area means any enclosed area covered with a roof and
			 protected from moisture and wind.
Statutory Authority:
				  Chapter
				  70.93 RCW. 00-19-015
				  (Order 00-18), § 173-310-020, filed 9/8/00, effective 10/9/00; Order
				  72-10, § 173-310-020, filed 5/15/72, effective
				  9/1/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-310 - Litter receptacles › Section 173-310-030 - Responsibility to obtain and place litter receptacle

Current through Register Vol. 24-14, July 15, 2024
It is the responsibility of any person owning or operating any
				establishment or public place in which litter receptacles are required by this
				chapter to obtain, place and maintain litter receptacles at their own expense
				on the premises in accordance with the provisions of this
				chapter.
Statutory Authority:
				  Chapter
				  70.93 RCW. 00-19-015
				  (Order 00-18), § 173-310-030, filed 9/8/00, effective 10/9/00; Order
				  72-10, § 173-310-030, filed 5/15/72, effective
				  9/1/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-310 - Litter receptacles › Section 173-310-040 - Litter receptacles, where required

Current through Register Vol. 24-14, July 15, 2024
Litter receptacles meeting the standards established by this
				chapter must be placed in the following public places in the state:
(1) Along public highways lying outside the
			 limits of incorporated cities and towns;
(2) Parks;
(3) Campgrounds;
(4) Trailer park facilities for transient
			 habitation;
(5) Drive-in
			 restaurants;
(6) Gasoline service
			 stations;
(7) Tavern parking
			 lots;
(8) Shopping
			 centers;
(9) Grocery store parking
			 lots;
(10) Marinas;
(11) Boat launching areas;
(12) Boat moorage and fueling
			 stations;
(13) Public and private
			 piers
(14) Beaches and bathing
			 areas;
(15) Outdoor parking lots,
			 other than those specifically designated above, that have a capacity of more
			 than 50 automobiles;
(16)
			 Fairgrounds;
(17)
			 Schoolgrounds;
(18)
			 Racetracks;
(19) Sporting event
			 sites with seating capacity for more than 200 spectators;
(20) Sites for carnivals, festivals,
			 circuses, shows or events of any kind to which the public is invited;
(21) Business district sidewalks.
Litter receptacles must be placed in the above public places
				only during times those places or the events held at them are open to the
				public.
Litter receptacles must be placed in conformance with laws,
				ordinances, resolutions and rules pertaining to fire, safety, public health or
				welfare.
Statutory Authority:
				  Chapter
				  70.93 RCW. 00-19-015
				  (Order 00-18), § 173-310-040, filed 9/8/00, effective 10/9/00; Order 73-7,
				  § 173-310-040, filed 4/23/73; Order 72-10, § 173-310-040, filed
				  5/15/72, effective 9/1/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-310 - Litter receptacles › Section 173-310-060 - Minimum standards

Current through Register Vol. 24-14, July 15, 2024
Litter receptacles obtained and placed in public places as
				required by this chapter shall meet the following minimum standards:
(1) General specifications.
(a) The body of each litter receptacle must
			 be constructed of a minimum of 24-gauge galvanized metal or other material of
			 equivalent strength, that will with normal wear and tear, reasonably resist
			 corrosion and acts of vandalism.
(b) All outside edges of each litter
			 receptacle must be rounded.
(c)
			 Openings in covered litter receptacles must be readily identifiable and readily
			 accessible for the deposit of litter.
(d) Construction and general configuration of
			 litter receptacles must be in conformance with all pertinent laws, ordinances,
			 resolutions or rules pertaining to fire, safety, public health or
			 welfare.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-310 - Litter receptacles › Section 173-310-070 - Anti-litter symbol

Current through Register Vol. 24-14, July 15, 2024
The official state anti-litter symbol is the symbol depicted in
				Appendix A to this chapter and shall conform to the Federal Color Standard No.
				595A, Color No. 15180, which appendix is hereby incorporated into this chapter
				and made part hereof. Permission to use this symbol in the manner required by
				this chapter has been obtained from the copyright holder and any other use
				without the express permission of the copyright holder is
				prohibited.
Statutory Authority:
				  Chapter
				  70.93 RCW. 00-19-015
				  (Order 00-18), § 173-310-070, filed 9/8/00, effective 10/9/00; Order
				  72-10, § 173-310-070, filed 5/15/72, effective
				  9/1/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-310 - Litter receptacles › Section 173-310-080 - Prohibited acts

Current through Register Vol. 24-14, July 15, 2024
(1) No person may
			 damage, deface, abuse or misuse any litter receptacle not owned by him or her
			 so as to interfere with its proper function or to detract from its proper
			 appearance.
(2) No person may
			 deposit leaves, clippings, prunings or gardening refuse in any litter
			 receptacle.
(3) No person may
			 deposit household garbage in any litter receptacle: Provided, That this
			 subsection may not be construed to mean that wastes of food consumed on the
			 premises at any public place may not be deposited in litter
			 receptacles.
Statutory Authority:
				  Chapter
				  70.93 RCW. 00-19-015
				  (Order 00-18), § 173-310-080, filed 9/8/00, effective 10/9/00; Order
				  72-10, § 173-310-080, filed 5/15/72, effective
				  9/1/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-310 - Litter receptacles › Section 173-310-090 - Penalties

Current through Register Vol. 24-14, July 15, 2024
Penalties for violation of this chapter must be imposed in
				accordance with
				chapter
				70.93
				RCW.
Statutory Authority:
				  Chapter
				  70.93 RCW. 00-19-015
				  (Order 00-18), § 173-310-090, filed 9/8/00, effective 10/9/00; Order
				  72-10, § 173-310-090, filed 5/15/72, effective
				  9/1/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-310 - Litter receptacles › Section 173-310-100 - Effective date and compliance

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter shall become effective on
			 September 1, 1972.
(2) All litter
			 receptacles in any public place designated in this chapter that are placed
			 after the effective date hereof shall conform to the provisions of this
			 chapter.
(3) Litter receptacles in
			 any public place designated in this chapter that were in place before the
			 effective date hereof must be modified to conform with marking requirements of
			 this chapter no later than January 1, 1973.
(4) All litter receptacles in any public
			 place designated in this chapter must be modified or replaced so as to fully
			 conform with all requirements of this chapter no later than July 1,
			 1975.
Statutory Authority:
				  Chapter
				  70.93 RCW. 00-19-015
				  (Order 00-18), § 173-310-100, filed 9/8/00, effective 10/9/00; Order
				  72-10, § 173-310-100, filed 5/15/72, effective
				  9/1/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-310 - Litter receptacles › Section 173-310-990 - Appendix A - Anti-litter symbol

Current through Register Vol. 24-14, July 15, 2024
Click to view
							 image
Order 72-10, Appendix A (codified as WAC
				  173-310-990), filed 5/15/72,
				  effective 9/1/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-331 - Vehicle battery recycling › Section 173-331-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
The department of ecology has been authorized under
				RCW
				   70.95.670 to implement and enforce a vehicle
				battery recycling program. The purpose of this chapter is to establish
				procedures for implementation and enforcement of
				RCW
				   70.95.610 through
				70.95.660, which is designed to
				accomplish the recycling of used vehicle batteries through a system of
				exchanging batteries at the point of sale.
Statutory Authority:
				  RCW
				  70.95.670. 91-05-020 (Order 90-36), §
				  173-331-010, filed 2/11/91, effective
				  3/14/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-331 - Vehicle battery recycling › Section 173-331-100 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following words, terms, and phrases shall, for the purposes
				of this chapter, have the meanings given below:
(1) The terms wholesale and retail shall have
			 the same meanings provided in
			 Title
			 82 RCW, Excise taxes. For
			 example, wholesale refers to the sale of vehicle batteries to retail
			 establishments, and retail refers to sale of vehicle batteries that require
			 payment of the retail sales tax.
(2) Authorization means the license issued by
			 the department of licensing and approved by the department of ecology as
			 authorized by
			 RCW
			    70.95.610.
(3) Business location means the premises
			 where business is conducted.
(4)
			 Core charge means an added charge applied during a retail sale to be refunded
			 to the purchaser when a used battery of equivalent size is offered in
			 exchange.
(5) Department means the
			 department of ecology.
(6) Disposal
			 means to deposit, dump, abandon, or spill any vehicle battery into or on any
			 land, water, solid waste landfill, or solid waste incinerator.
(7) Equivalent size means weighing fifty to
			 one hundred fifty percent of the vehicle battery purchased.
(8) New vehicle battery means any vehicle
			 battery intended for use as an electrical energy storage device.
(9) Original battery installation means any
			 new vehicle or device that requires a vehicle battery to be connected or
			 installed before use is possible.
(10) Replacement vehicle battery means any
			 vehicle battery sold at retail (a) that is not sale of an original battery
			 installation, or (b) without verifiable proof that the buyer needs the battery
			 for an original battery installation.
(11) Secondary lead smelter means any
			 facility licensed by a state or federal government to reclaim lead from vehicle
			 batteries.
(12) Unified business
			 identifier service location means:
(a) The
			 field offices of the departments of revenue and labor and industries.
(b) The tax offices of employment
			 security.
(c) The Olympia office of
			 the secretary of state.
(d) The
			 business license service office of the department of licensing.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-331 - Vehicle battery recycling › Section 173-331-200 - Posting of retail notices

Current through Register Vol. 24-14, July 15, 2024
(1) This
			 section refers to the notices required by
			 RCW
			    70.95.630(2).
(2) All required notices must be posted in
			 the main vehicle battery display area or other area clearly visible to battery
			 purchasers. Notices must be posted no lower than four feet and no higher than
			 seven feet, level to the floor. Notices must be maintained free of any viewing
			 obstructions.
Note:
Notices are available by calling
							 1-800-RECYCLE.
Statutory Authority:
				  RCW
				  70.95.670. 91-05-020 (Order 90-36), §
				  173-331-200, filed 2/11/91, effective
				  3/14/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-331 - Vehicle battery recycling › Section 173-331-210 - Optional exemption to the core charge

Current through Register Vol. 24-14, July 15, 2024
A retailer is not required to apply a core charge to a battery
				sale when the buyer submits verifiable proof that the battery is needed for an
				original battery installation. Verifiable proof shall consist of a voucher
				issued by the seller of the vehicle or device containing the following:
(1) Title, address, and phone of the retail
			 establishment;
(2) Brief
			 description of the vehicle or device sold with indication that a battery(s) was
			 not included;
(3) Date of
			 issuance;
(4) Name of the
			 purchaser; and
(5) Signature of the
			 sales agent.
Vouchers shall be valid for ninety days following the date of
				issuance and must be surrendered to the retailer during the battery
				sale.
Statutory Authority:
				  RCW
				  70.95.670. 91-05-020 (Order 90-36), §
				  173-331-210, filed 2/11/91, effective
				  3/14/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-331 - Vehicle battery recycling › Section 173-331-220 - Condition of used batteries

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 purchaser must provide a used battery in a fully-capped, unbroken condition to
			 qualify for waiver of the core charge. A retailer may refuse to accept a broken
			 or uncapped battery, or may condition acceptance upon provision of a leak
			 proof, acid resistant container, such as a plastic pail, holding the broken or
			 uncapped battery.
(2) The
			 department shall provide on its 1-800-RECYCLE Hotline a list of recycling
			 outlets available for broken and uncapped batteries.
Statutory Authority:
				  RCW
				  70.95.670. 91-05-020 (Order 90-36), §
				  173-331-220, filed 2/11/91, effective
				  3/14/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-331 - Vehicle battery recycling › Section 173-331-300 - Conditions for suspending the acceptance requirements

Current through Register Vol. 24-14, July 15, 2024
(1) This section refers to the suspension
			 order required by
			 RCW
			    70.95.650(3).
(2) When the department deems it necessary,
			 the department shall determine the market price paid for used lead batteries by
			 contacting agents of the secondary smelters historically used to process used
			 vehicle batteries originating in Washington. The department shall determine
			 transportation costs by contacting at least three trucking firms and at least
			 three shipping firms for estimated unit costs to transport batteries to each
			 secondary smelter. If the lowest estimated transportation costs are higher than
			 market price paid for all of the secondary smelters, the department will order
			 a suspension.
(3) The department
			 will notify retailers of any suspension by sending notice to trade organization
			 representatives and other businesses on our vehicle battery program mailing
			 list. (To get on the vehicle battery mailing list call (360)
			 438-7541.)
Statutory Authority:
				  RCW
				  70.95.670. 91-05-020 (Order 90-36), §
				  173-331-300, filed 2/11/91, effective
				  3/14/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-331 - Vehicle battery recycling › Section 173-331-400 - Authorization of used battery collectors

Current through Register Vol. 24-14, July 15, 2024
(1) This section refers to
			 RCW
			    70.95.610(1).
(2) Beginning May 1, 1991, any person who
			 collects used vehicle batteries nonincidental to accepting exchanges during
			 sale of new batteries, excluding local governments with approved local
			 hazardous waste plans pursuant to
			 RCW
			    70.105.220, must have a department approved
			 authorization issued by the department of licensing.
(3) License fees for each business location
			 shall be fifteen dollars annually.
(4) Application forms for a used vehicle
			 battery collector authorization will be available at unified business
			 identifier service locations located throughout the state.
Note:
Assistance finding the nearest unified business
							 identifier service is available by calling 1-800-562-8203.
(5)
			 Ecology review of application for authorization as a used vehicle battery
			 collector:
(a) Any application for
			 authorization or reauthorization as a used vehicle battery collector is subject
			 to review and final approval or disapproval by the department of
			 ecology.
(b) The applicant will be
			 notified if the department has evidence that the applicant has failed to comply
			 with environmental regulations affecting the handling, storage, transport,
			 reclamation, or disposal of vehicle batteries. Such failure is sufficient
			 reason for the department to disapprove or rescind authorization as a vehicle
			 battery collector.
(c) Notification
			 shall be in writing and shall include a statement of the basis for the
			 department's belief that failure to comply has occurred and an indication of
			 the department's intentions regarding authorization.
(d) The applicant may submit to the
			 department comments on the department's intended action and basis for that
			 action. Any comments shall be submitted in writing to the department within
			 fifteen days from date of receipt of the department's notice letter unless the
			 department provides an extension.
(e) After reviewing any comments, the
			 department shall issue a letter notifying the applicant of its decision whether
			 to authorize the applicant as a vehicle battery collector. Such decision may be
			 appealed to the department by written application for review within fifteen
			 days of receipt by the applicant of the department's decision. The department
			 shall issue a notice of its decision on the application for review within
			 fifteen days of the receipt of such application. This notice shall be the
			 department's final decision.
(f)
			 Pursuant to
			 RCW
			    43.21B.110(1)(c), the
			 department's final decision is appealable to the pollution control hearings
			 board.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-331 - Vehicle battery recycling › Section 173-331-410 - Reporting requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Consistent
			 with RCW
			    70.95.280, persons who collect used vehicle
			 batteries in Washington state and recondition them, reclaim them, or arrange
			 transport of the used batteries to out-of-state locations shall report annually
			 to the department quantities of batteries collected and their destination(s).
Note:
Reporting instructions and forms are available by
							 calling 1-800-RECYCLE.
(2)
			 Requests for confidentiality will be honored if the reporting business shows
			 that publication of the information may affect adversely its competitive
			 position and if the department determines that confidentiality is not
			 detrimental to public interest.
Statutory Authority:
				  RCW
				  70.95.670. 91-05-020 (Order 90-36), §
				  173-331-410, filed 2/11/91, effective
				  3/14/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-331 - Vehicle battery recycling › Section 173-331-500 - Handling of used vehicle batteries

Current through Register Vol. 24-14, July 15, 2024
Nothing in this chapter shall exempt wholesalers, retailers, or
				used battery collectors from the sections pertaining to lead-acid battery
				handling in the state's dangerous waste regulations, chapter 173-303 WAC,
				including WAC
				173-303-050 (Department of
				ecology cleanup authority), WAC
				173-303-145 (Spills and
				discharges into the environment), and WAC
				173-303-960 (Special powers and
				authorities of the department). All shall use prudent procedures of handling
				and storing used vehicle batteries.
Statutory Authority:
				  RCW
				  70.95.670. 91-05-020 (Order 90-36), §
				  173-331-500, filed 2/11/91, effective
				  3/14/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-331 - Vehicle battery recycling › Section 173-331-600 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				person is held invalid, the remainder of the chapter or the application of the
				provision to other persons or circumstances is not affected.
Note:
Copies of
							 RCW
							    70.95.280 and
							 70.95.610 through
							 70.95.670, WAC
							 173-303-050,
							 173-303-145 and
							 173-303-960, and additional
							 copies of this chapter, chapter 173-331 WAC, are available from the Department
							 of Ecology, Office of Waste Reduction, Recycling, and Litter Control, Mailstop
							 PV-11, Olympia, WA 98504-8711, (360) 438-7541, 1-800-RECYCLE,
							 1-800-732-9253.
Statutory Authority:
				  RCW
				  70.95.670. 91-05-020 (Order 90-36), §
				  173-331-600, filed 2/11/91, effective
				  3/14/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part I - GENERAL PROVISIONS › Section 173-333-100 - Introduction

Current through Register Vol. 24-14, July 15, 2024
Persistent, bioaccumulative toxins (PBTs) are chemicals that
				  pose a unique threat to human health and the environment in Washington state.
				  They remain in the environment for long periods of time, are hazardous to the
				  health of humans and wildlife, can build up in the food chain, and can be
				  transported long distances and readily move between air, land and water
				  media.
Because of the unique threat that these PBTs pose, special
				  attention is necessary to identify actions that will reduce and eliminate
				  threats to human health and the environment. While ecology addresses PBTs
				  through existing regulatory and nonregulatory programs, there remains a need
				  for multimedia, cross-program measures that will reduce and phase-out releases
				  and uses of PBTs over time.
The goal of this chapter is to reduce and phase-out PBT uses,
				  releases and exposures in Washington. Ecology recognizes that many factors will
				  influence whether and when this goal can be attained and that those factors
				  will often vary depending on the PBT and the uses of the PBT. These factors
				  include environmental and human health benefits, economic and social costs,
				  technical feasibility, availability of safer substitutes, and consistency with
				  other regulatory requirements. This chapter establishes a process that ecology
				  will use to evaluate and identify actions that should be taken for particular
				  PBTs. This process is designed to enhance actions being taken under other
				  environmental laws and regulations.
Statutory Authority: 2004 c 276 and
					 chapter
					 70.105 RCW. 06-03-094
					 (Order 04-07), § 173-333-100, filed 1/13/06, effective
					 2/13/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part I - GENERAL PROVISIONS › Section 173-333-110 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to:
(1) Establish criteria ecology will use to
				identify persistent bioaccumulative toxins that pose human health or
				environmental threats in Washington state;
(2) Establish a list of persistent
				bioaccumulative toxins;
(3)
				Establish procedures ecology will use to review and periodically update the
				list;
(4) Establish criteria for
				selecting persistent bioaccumulative toxins and metals of concern for which
				ecology will prepare chemical action plans;
(5) Define the scope and content of chemical
				action plans and establish the process ecology will use to prepare those plans;
				and
(6) Define the processes
				ecology will use to coordinate the implementation of this chapter with the
				department of health and other agencies.
Statutory Authority: 2004 c 276 and
					 chapter
					 70.105 RCW. 06-03-094
					 (Order 04-07), § 173-333-110, filed 1/13/06, effective
					 2/13/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part I - GENERAL PROVISIONS › Section 173-333-120 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
				applies to the department of ecology (ecology). This chapter does not impose
				new requirements on persons using or releasing PBTs, and it does not create new
				authorities nor does it constrain existing authorities for ecology.
(2) This chapter provides for public
				involvement opportunities to allow interested persons to participate in the
				ecology processes for identifying PBTs and developing recommendations on
				measures to address uses and releases of PBTs.
Statutory Authority: 2004 c 276 and
					 chapter
					 70.105 RCW. 06-03-094
					 (Order 04-07), § 173-333-120, filed 1/13/06, effective
					 2/13/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part I - GENERAL PROVISIONS › Section 173-333-130 - Exemptions to the PBT list

Current through Register Vol. 24-14, July 15, 2024
Any pesticide with a currently valid registration that has
				  been issued by the Environmental Protection Agency under the Federal
				  Insecticide, Fungicide and Rodenticide Act,  7 U.S.C. 136  et seq., or any
				  fertilizer regulated under the Washington Fertilizer Act,
				  chapter
				  15.54 RCW, will not be
				  included on the persistent bioaccumulative toxin list established under this
				  chapter.
Statutory Authority: 2004 c 276 and
					 chapter
					 70.105 RCW. 06-03-094
					 (Order 04-07), § 173-333-130, filed 1/13/06, effective
					 2/13/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part I - GENERAL PROVISIONS › Section 173-333-140 - Administrative principles

Current through Register Vol. 24-14, July 15, 2024
(1)
Scientific information.
Ecology will base decisions on PBTs on
				sound public policy and credible scientific information. However, ecology
				believes that lack of full scientific consensus should not be used as a
				justification for delaying reasonable measures to prevent harm to human health
				or the environment.
(2)
Public involvement.
Ecology will provide opportunities for public
				involvement during the decision-making processes for identifying PBTs and
				preparing a CAP.
(3)
Clear
				documentation.
Ecology will provide clear and understandable
				descriptions and rationale for decisions implementing this chapter.
(4)
Predictability.
Ecology will
				implement this chapter in ways that allow stakeholders, interest groups, and
				the public to plan their participation in decision-making processes and future
				responses to recommendations that result from those processes.
(5)
Coordination.
Ecology will
				coordinate with federal and state agencies, local governments, tribes, and
				other interested parties in the development and implementation of CAPs and when
				revising the PBT list.
(6)
Rule amendments.
When amending any portion of this rule, ecology
				will follow the requirements of the Administrative Procedure Act (APA),
				chapter
				34.05 RCW.
Statutory Authority: 2004 c 276 and
					 chapter
					 70.105 RCW. 06-03-094
					 (Order 04-07), § 173-333-140, filed 1/13/06, effective
					 2/13/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part III - THE PBT LIST AND CRITERIA AND PROCEDURES FOR REVISING THE LIST › Section 173-333-300 - What is the purpose of the PBT list?

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of the
				PBT list is to identify toxic chemicals that require further action because
				they remain ("persist") in the environment for long periods of time where they
				can bioaccumulate to levels that pose threats to human health and environment
				in Washington.
(2)
Intended
				uses of the PBT list.
Ecology will use the PBT list in the following
				ways:
(a)
Chemical action plans.
To select chemicals for chemical action plan development.
(b)
Ambient monitoring.
To help
				guide decisions on the design and implementation of ecology programs for
				characterizing chemical concentrations in the ambient environment.
(c)
Biomonitoring.
To encourage
				and inform the department of health regarding their efforts to monitor
				chemicals in human tissue.
(d)
Public awareness.
To promote greater public awareness on the
				problems associated with PBT chemicals, the uses and sources of individual PBTs
				and steps that individuals and organizations can take to reduce PBT uses,
				releases and exposure.
(e)
Voluntary measures.
To help identify opportunities for government
				agencies, businesses and individuals to implement voluntary measures for
				reducing and phasing out PBT uses and releases.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part III - THE PBT LIST AND CRITERIA AND PROCEDURES FOR REVISING THE LIST › Section 173-333-315 - Metals of concern

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of this section is to identify metals of
				concern to be addressed under this chapter. The metals of concern category was
				established as an interim category pending completion of EPA's inorganic metals
				assessment framework process.
(2)
Metals of concern.
Ecology has identified the following metals of
				concern based on a determination that these metals pose threats to human health
				and the environment in Washington.
Metals of Concern
CAS Number
Cadmium
7440-43-9
Lead
7439-92-1
(3)
Actions.
Ecology may prepare chemical action plans for one or more
				metals of concern using the process defined in WAC
				173-333-420.
(4)
Revising the metals of concern
				list.
Ecology will evaluate the relationship between the metals of
				concern list and PBT list in WAC
				173-333-310 following the
				completion of the EPA's inorganic metals assessment framework
				process.
Statutory Authority: 2004 c 276 and
					 chapter
					 70.105 RCW. 06-03-094
					 (Order 04-07), § 173-333-315, filed 1/13/06, effective
					 2/13/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part III - THE PBT LIST AND CRITERIA AND PROCEDURES FOR REVISING THE LIST › Section 173-333-320 - What criteria will ecology use to identify and add chemicals or chemical groups to the PBT list?

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section describes the criteria that ecology will use
				to determine whether a chemical or group of chemicals should be included on the
				PBT list.
(2)
Criteria for
				identifying PBTs.
A chemical or group of chemicals will be included on
				the PBT list if ecology determines it meets each of the following criteria:
(a)
Persistence.
The chemical or
				chemical group can persist in the environment based on credible scientific
				information that:
(i) The half-life of the
				chemical in water is greater than or equal to sixty days; or
(ii) The half-life of the chemical in soil is
				greater than or equal to sixty days; or
(iii) The half-life of the chemical in
				sediments is greater than or equal to sixty days; and
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part III - THE PBT LIST AND CRITERIA AND PROCEDURES FOR REVISING THE LIST › Section 173-333-330 - What criteria will ecology use to remove a PBT from the PBT list?

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section describes the criteria and factors ecology
				will use to determine whether a chemical or group of chemicals should be
				removed from the PBT list.
(2)
Criteria for removing a chemical from the PBT list.
Ecology will
				remove a chemical or chemical group from the PBT list if the department
				determines that credible scientific information developed subsequent to the
				listing decision provides evidence that the chemical or chemical group does not
				meet the PBT criteria in WAC
				173-333-320(2).
Statutory Authority: 2004 c 276 and
					 chapter
					 70.105 RCW. 06-03-094
					 (Order 04-07), § 173-333-330, filed 1/13/06, effective
					 2/13/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part III - THE PBT LIST AND CRITERIA AND PROCEDURES FOR REVISING THE LIST › Section 173-333-340 - What process will ecology follow to revise the PBT list?

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section describes the processes ecology will use to
				notify the public and amend the PBT list after making a determination that
				chemicals or groups of chemicals should be added or removed from the PBT
				list.
(2)
Reviewing and
				updating the PBT list.
Ecology will periodically review and update WAC
				173-333-310. The frequency of
				review will be determined by credible scientific information available on
				individual chemicals or chemical groups, rule-making petitions submitted to
				ecology, and available agency resources. Ecology will comply with the
				requirements for reviewing and responding to rule-making petitions in the
				Administrative Procedure Act,
				chapter
				34.05 RCW.
(3)
Public notification.
If
				ecology makes a preliminary determination that a chemical should be added or
				removed from the PBT list, the department will prepare a technical discussion
				paper that summarizes the scientific information supporting the addition or
				removal of a chemical and notify the public through an announcement posted on
				the ecology web site and published in the
Washington State
				Register
.
(4)
Amending the PBT list.
If ecology makes a final determination that
				a chemical or chemical group should be added or removed from the PBT list, the
				department will initiate actions to amend WAC
				173-333-310 through formal rule
				making.
Statutory Authority: 2004 c 276 and
					 chapter
					 70.105 RCW. 06-03-094
					 (Order 04-07), § 173-333-340, filed 1/13/06, effective
					 2/13/06.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part IV - CHEMICAL ACTION PLANS (CAPs) › Section 173-333-400 - What is a chemical action plan (CAP)?

Current through Register Vol. 24-14, July 15, 2024
(1) A chemical action plan (CAP) is a plan
				that identifies, characterizes and evaluates uses and releases of a specific
				PBT, a group of PBTs or metals of concern and recommends actions to protect
				human health or the environment.
(2) For the purposes of this section, the
				term PBT refers to both the chemicals on the PBT list (WAC
				173-333-310) and the chemicals on the metals of concern list (WAC
				173-333-315).
Statutory Authority: 2004 c 276 and chapter 70.105 RCW. WSR
					 06-03-094 (Order 04-07), § 173-333-400, filed 1/13/06, effective
					 2/13/06.