Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-808 - Demonstrations for dangerous waste land treatment final facility permits

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose and
			 applicability. This section is applicable to the owner/operator of a land
			 treatment facility who must demonstrate that his proposed treatment will be
			 successful. The purpose of this section is to allow the department to issue a
			 land treatment demonstration permit.
(2) Permit issuance. The department may issue
			 a land treatment demonstration permit either in advance of or as part of a
			 final facility permit so that the owner/operator of a land treatment facility
			 can make the demonstration required in WAC
			 173-303-655(3).
			 If issued in advance of the final facility permit, the land treatment
			 demonstration permit will be issued as described in subsection (3) of this
			 section, as a demonstration permit only. If issued as part of the final
			 facility permit, the land treatment demonstration and final facility permit
			 will be issued as described in subsection (4) of this section, as a phased
			 permit. The determination for which procedure to follow will be made by the
			 department based on the information submitted by the owner/operator in Part B
			 of the final facility permit application.
(3) Demonstration permit only.
(a) If the department finds that the Part B
			 does not contain enough information regarding the proposed treatment to allow
			 the department to establish permit conditions necessary for compliance with all
			 requirements of WAC
			 173-303-655, it may issue a land
			 treatment demonstration permit only. The demonstration permit will be issued in
			 accordance with the decision-making procedures of WAC
			 173-303-840. The demonstration
			 permit may be issued either as a treatment or disposal permit, will cover only
			 the field test or laboratory analyses, will contain only those requirements
			 necessary to meet the standards in WAC
			 173-303-655(3),
			 and will provide a specific time period for the demonstration. The department
			 may extend the demonstration period as a modification (or minor modification,
			 if applicable) to the demonstration permit.
(b) Within thirty days (unless the department
			 approves a later date) of the end of the treatment demonstration, the
			 owner/operator must submit a revised Part B to the department containing the
			 results of the field tests or laboratory analyses and all data developed during
			 the demonstration period. The department will then use the information and Part
			 B to determine whether or not there is adequate information to issue a final
			 facility permit which will incorporate conditions sufficient to provide
			 compliance with all requirements of WAC
			 173-303-655. If the information
			 is adequate, the department will proceed under WAC
			 173-303-806 to issue a final
			 facility permit. If the information is not adequate, the department may, as the
			 situation warrants, either issue a modification to the demonstration permit in
			 accordance with the procedures of subsection (3)(a) of this section, or deny
			 the final facility permit application.