Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-620 - Financial requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Applicability.
(a) The requirements of
			 subsections (3), (4), (7), (8), (9), and (10) of this section, apply to owners
			 and operators of all dangerous waste facilities, except as provided otherwise
			 in this section.
(b) The
			 requirements of subsections (5) and (6) of this section apply to owners and
			 operators of:
(i) Dangerous waste disposal
			 facilities;
(ii) Tank systems that
			 are required under WAC
			 173-303-640(8) to meet the requirements of landfills;
(iii) Miscellaneous units as specified in WAC
			 173-303-680(4);
(iv) Waste piles and surface impoundments to
			 the extent that WAC
			 173-303-650
			 and
			 173-303-660,
			 respectively, require that such facilities comply with this section;
			 and
(v) Containment buildings that
			 are required under WAC
			 173-303-695
			 to meet the requirements for landfills.
(c) States and the federal government are
			 exempt from the requirements of this section.
(i) Operators of state or federally owned
			 facilities are exempt from the requirements of this section, except subsections
			 (3) and (5) of this section.
(ii)
			 Operators of facilities that are not state or federally owned must meet all of
			 the requirements of this section, even if the facility is leased by or
			 otherwise under contract with the state or federal government.
(d) The director may, in an
			 enforceable document, replace all or part of the requirements of this section
			 with alternative requirements for financial assurance when they:
(i) Apply alternative requirements for
			 groundwater monitoring, closure or post-closure under WAC
			 173-303-610(1)(e) or
			 173-303-645(1)
			 (f); and
(ii) Determine that it is not necessary to
			 apply the requirements of this section because the alternative requirements
			 will protect human health and the environment.
(e) Except as provided in (c) of this
			 subsection, the requirements of subsections (3), (4), (8), (9) and (10) of this
			 section apply to owners and operators of off-site recycling facilities and
			 processors/rerefiners of used oil, except the term "recycling unit" will
			 replace the terms "dangerous waste management unit" or "regulated unit."
(i) If the closure plan for an off-site
			 recycling or used oil processing/rerefining facility has not been approved by
			 the department within one year of submittal to the department, the department
			 may determine the closure cost estimate and direct the facility to establish
			 financial assurance in that amount. Note that the schedule for partially funded
			 trust funds for existing facilities of WAC 173-303-620(4)(c)(i) may
			 apply.
(ii) Relationship to closure
			 cost estimates and financial responsibility for permitted facilities. A
			 facility owner/operator that is subject to closure cost estimating and
			 financial responsibility requirements for dangerous waste management units and
			 recycling unit may choose to consolidate those requirements into a single
			 mechanism for submittal to the department.