reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-307 - Pollution prevention plans › Section 173-307-140 - Records

Current through Register Vol. 24-14, July 15, 2024
The department shall maintain a record of each plan, executive
				summary, or annual progress report it reviews, and a list of all plans,
				executive summaries, or annual progress reports the department has determined
				to be inadequate, including descriptions of corrective actions taken. This
				information must be made available to the public.
Statutory Authority: Chapter 70.95C RCW. 00-15-020 (Order
				  00-08), § 173-307-140, filed 7/11/00, effective 8/11/00; 91-08-041 (Order
				  90-57), § 173-307-140, filed 4/1/91, effective
				  5/2/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-005 - Explanation for the use of the terms "sewage sludge," "biosolids," and "septage."

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Sewage sludge is the solid, semisolid, or liquid residue generated during the
			 treatment of domestic sewage in a treatment works. Biosolids are produced by
			 treating sewage sludge to meet certain quality standards that allow it to be
			 applied to the land for beneficial use. Septage is a class of biosolids that
			 comes from septic tanks and similar systems receiving domestic wastes.
(a) Sewage sludge. Unless the context
			 requires otherwise, "sewage sludge" is the term used in this chapter to refer
			 to the residual material produced by a treatment works treating domestic sewage
			 that does not meet the standards to be classified as biosolids or that is being
			 disposed in a municipal solid waste landfill.
(b) Biosolids. Unless the context requires
			 otherwise, "biosolids" is the term used in this chapter to refer to sewage
			 sludge or septage that has been or is being treated to meet standards so that
			 it can be applied to the land.
(c)
			 Septage. Unless the context requires otherwise, "septage" is the term used in
			 this chapter to refer to septage that is or will be managed as
			 septage.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1)
Authority.
This chapter is adopted under the authority of chapters
			 70.95J and
			 70.95 RCW.
(2)
Purpose.
The purpose of this
			 chapter is to protect human health and the environment when biosolids are
			 managed.
(a) This chapter encourages the
			 maximum beneficial use of biosolids and is intended to conform to all
			 applicable federal rules adopted under the Federal Clean Water Act as it
			 existed on February 4, 1987.
(b)
			 This chapter establishes permitting requirements for treatment works treating
			 domestic sewage that engage in applicable biosolids treatment or management
			 practices, including any person, site, or facility that has been designated as
			 a treatment works treating domestic sewage.
(c) This chapter establishes standards for
			 the treatment, quality, and management of sewage sludge and septage that are
			 directly enforceable and that allow these materials to be classified and
			 managed as biosolids.
(d) This
			 chapter establishes requirements, standards, management practices, and
			 monitoring, recordkeeping and reporting requirements that are applicable when
			 biosolids are applied to the land and when sewage sludge is disposed in a
			 municipal solid waste landfill unit as defined in chapter 173-351
			 WAC.
(e) This chapter establishes
			 fees for permits issued to treatment works treating domestic sewage.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) These rules
			 apply to all treatment works treating domestic sewage as defined by this
			 chapter. In addition, these rules apply to, but are not limited to, the
			 following:
(a) A person who prepares
			 biosolids or sewage sludge.
(b) A
			 person who stores biosolids or sewage sludge.
(c) A person who applies biosolids to the
			 land.
(d) Biosolids that are
			 applied to the land.
(e) The land
			 where biosolids are applied.
(f)
			 The owner and lease-holder of land where biosolids are applied.
(g) A person who disposes of sewage sludge in
			 a municipal solid waste landfill.
(h) Sewage sludge that is disposed of in a
			 municipal solid waste landfill.
(i)
			 Biosolids or sewage sludge generated at an industrial facility during the
			 treatment of only domestic sewage.
(j) A person who transfers biosolids or
			 sewage sludge from one facility to another.
(k) A person who transports biosolids or
			 sewage sludge.
(l) Mixtures of
			 biosolids and other materials including, but not limited to, solid
			 wastes.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-030 - Relationship to other laws, regulations, and ordinances

Current through Register Vol. 24-14, July 15, 2024
In addition to the requirements of this chapter, other laws,
				regulations, and ordinances may also apply to biosolids or sewage sludge. These
				include, but are not limited to, the following:
(1) Commercial fertilizers are subject to
			 regulation by the Washington state department of agriculture. Biosolids meeting
			 the definition of a commercial fertilizer must comply with
			 chapter
			 15.54 RCW and chapter
			 16-200 WAC.
(2) Except as required
			 in WAC 173-308-100, the transportation
			 of biosolids or sewage sludge is subject to regulation by the Washington state
			 utilities and transportation commission under
			 Title
			 81 RCW.
(3) Facilities required to obtain permits
			 under WAC
			 173-308-310 must comply with the
			 requirements in
			 chapter
			 43.21C RCW and the State
			 Environmental Policy Act (SEPA) rules adopted under chapter 197-11 WAC. Public
			 notice and hearing requirements under SEPA may be coordinated with the similar
			 requirements of this chapter.
(4)
			 Biosolids facilities and sites where biosolids are applied to the land must
			 comply with the requirements of
			 chapter
			 90.48 RCW and chapters
			 173-200 and 173-201A WAC.
(5)
			 Facilities and sites where biosolids are applied to the land or sewage sludge
			 is disposed must comply with the federal biosolids rule, 40 C.F.R. Part
			 503.
(6) Facilities and sites where
			 biosolids are applied to the land must comply with other applicable federal,
			 state and local laws, regulations, and ordinances, including zoning and land
			 use requirements.
(7) The
			 enforcement of other laws, regulations, and ordinances is the responsibility of
			 the agency with jurisdiction.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-030, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-030, 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 173-308-040 - Direct enforceability

Current through Register Vol. 24-14, July 15, 2024
All persons and facilities subject to the requirements of this
				chapter must comply with these rules on the effective date of the applicable
				regulation, regardless of whether or not a permit has been issued under WAC
				173-308-310.
Statutory Authority:
				  RCW
				  70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-040, 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 173-308-041 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
Any violation of this chapter or any permit issued under this
				chapter may be subject to the enforcement provisions of applicable law
				including, but not limited to,
				chapters
				70.95 and 70.95J
				RCW.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-041, 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 173-308-042 - Appeals

Current through Register Vol. 24-14, July 15, 2024
Any person aggrieved by a decision of the department made in
				accordance with provisions of this chapter may appeal that decision only as
				provided by applicable law including, but not limited to, chapters 43.21B and
				34.05 RCW.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-042, 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 173-308-050 - Delegation of authority

Current through Register Vol. 24-14, July 15, 2024
Upon the request of a local health jurisdiction, the department
				may delegate authority to implement and assist in the administration of
				appropriate portions of this chapter.
Delegation must be consistent with any applicable state-EPA
				agreement regarding delegation of federal biosolids program authority.
(1)
Method of delegation.
(a) Delegation will be accomplished through
			 an instrument of mutual consent that is acceptable to both the department and
			 the local health jurisdiction seeking delegation.
(b) The department may revoke part or all of
			 a delegation of authority under this section if it finds that a local health
			 jurisdiction has failed to adequately carry out any portion of a delegated
			 responsibility.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-060 - Biosolids not classified as solid waste

Current through Register Vol. 24-14, July 15, 2024
(1) The state of Washington recognizes
			 biosolids as a valuable commodity.
(2) Biosolids are not solid waste and are not
			 subject to regulation under solid waste laws.
(3) Sewage sludge or septage that fails to
			 meet standards for classification as biosolids is a solid waste, and may not be
			 applied to the land.
(4) Sewage
			 sludge or septage that will be disposed in a landfill is a solid
			 waste.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-060, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-060, 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 173-308-090 - Requirement for a person who prepares biosolids or sewage sludge

Current through Register Vol. 24-14, July 15, 2024
Any person who prepares biosolids or sewage sludge must ensure
				that the applicable requirements in this chapter and any applicable permit
				issued under this chapter are met when the biosolids are
				managed.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-090, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-090, 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 173-308-100 - Requirement for a person who transports biosolids or sewage sludge

Current through Register Vol. 24-14, July 15, 2024
This section applies to facilities required to obtain a permit
				under this chapter who transport their biosolids or sewage sludge or contract
				for the transportation of their biosolids or sewage sludge.
(1) Any person who transports biosolids or
			 sewage sludge must ensure that the transportation vehicle is properly cleaned
			 prior to use of the vehicle for the transportation of food crops, feed crops,
			 or fiber crops.
(2)
Spill
			 prevention/response plan.
Facilities must submit a spill
			 prevention/response plan to the department which describes how they will
			 attempt to prevent and respond to any spillage of biosolids or sewage sludge
			 during transportation. The plan must include a list of contact names and
			 numbers, an explanation of how and when they would be contacted, what their
			 role is, and how a spill would be cleaned up. For those who contract for the
			 transportation of their biosolids or sewage sludge, a contractor's plan is
			 sufficient if the minimal requirements are met.
(3) The transportation of biosolids or sewage
			 sludge is otherwise subject to regulation by the Washington state utilities and
			 transportation commission under
			 Title
			 81 RCW and WAC
			 173-308-030(2).
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-100, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-100, 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 173-308-110 - Requirement for a person who applies biosolids

Current through Register Vol. 24-14, July 15, 2024
A person may not apply biosolids to the land except in
				accordance with applicable requirements of this chapter and any applicable
				permit issued under this chapter.
Statutory Authority:
				  RCW
				  70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-110, 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 173-308-120 - Requirement to obtain and provide information

Current through Register Vol. 24-14, July 15, 2024
(1) It is a violation of the provisions of
			 this chapter for any person to falsify a certification or statement that is
			 required by these rules or to make any required certification or statement
			 under false pretense.
(2) Any
			 person who applies biosolids to the land must obtain information needed to
			 comply with the requirements of this chapter.
(3) The person who prepares biosolids must
			 provide the person who applies biosolids to the land with notice and necessary
			 information to comply with the requirements of this chapter, including
			 sufficient information on the concentration and types of nutrients in the
			 biosolids needed to determine an agronomic rate for the crop under
			 management.
(4) When a person who
			 prepares biosolids provides the biosolids to another person who further
			 prepares the biosolids, the person who provides the biosolids must provide the
			 person who receives the biosolids notice and necessary information to comply
			 with the requirements of this chapter.
(5) The person who applies bulk biosolids to
			 the land must provide the owner or lease holder of the land on which the bulk
			 biosolids are applied notice and necessary information to comply with the
			 requirements of this chapter.
(6)
			 The person who applies nonexceptional quality bulk biosolids to the land must
			 obtain written approval of the landowner prior to applying biosolids to the
			 land for the first time.
(7) All
			 persons required to keep and maintain records under any provision of this
			 chapter must provide access to those records during normal business hours to a
			 representative of the department, a local health jurisdiction, or the United
			 States EPA, and to the owner, lessor, lessee or other person with a legal
			 management interest in the land on which the biosolids are applied, at the
			 location where the records are kept.
(8) Any facility, including a beneficial use
			 facility, must immediately notify all sources from which it receives biosolids,
			 if at any time it becomes unsuitable for the purpose of receiving biosolids
			 from those other sources.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-120, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-120, 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 173-308-130 - Requirements for treatment works located outside of the jurisdiction of the department

Current through Register Vol. 24-14, July 15, 2024
When bulk biosolids or sewage sludge or biosolids in a bag or
				other container originating from treatment works located on tribal lands, in
				other states, or in other nations are exported into the state, the requirements
				of this section must be met.
(1) Bulk
			 biosolids or sewage sludge from a treatment works seeking its own management
			 program within the state must meet the following requirements:
(a) The exporting facility must apply for a
			 permit in accordance with the requirements in WAC
			 173-308-310 and receive final
			 coverage under a general permit or receive an individual permit prior to
			 exporting biosolids or sewage sludge into the state.
(b) The exporting facility must pay a fee as
			 determined by the criteria specified in WAC
			 173-308-320.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-140 - Biosolids sampling and analytical methods

Current through Register Vol. 24-14, July 15, 2024
(1)
Sampling.
Samples that are
			 collected and analyzed must be representative of the biosolids that are applied
			 to the land.
(2)
Analytical
			 methods.
(a) The most current version
			 of the publications listed in this subsection are incorporated by reference.
			 These publications are available for review during normal working hours at the
			 Washington State Department of Ecology headquarters located at 300 Desmond
			 Drive in Olympia, Washington. Copies may be obtained from the standard producer
			 or publisher.
(b) Unless otherwise
			 stipulated by the department, the following methods (or methods in  40 C.F.R.
			 Part 136  or  40 C.F.R. Part 503) must be used to analyze samples of biosolids or
			 sewage sludge.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-150 - Frequency of biosolids monitoring

Current through Register Vol. 24-14, July 15, 2024
(1) The frequency of monitoring required by
			 this section is based on the dry weight tonnage of bulk biosolids applied to
			 the land per three hundred sixty-five-day period or the dry weight tonnage of
			 biosolids received per three hundred sixty-five-day period by a person who
			 prepares biosolids that are sold or given away for application to the
			 land.
(2) The person who prepares
			 biosolids is responsible for ensuring that monitoring is carried out in
			 accordance with the requirements of this chapter and any applicable
			 permit.
(3) The minimum frequency
			 of monitoring listed below applies to the pollutants listed in Tables 1, 2, and
			 3 of WAC 173-308-160, the pathogen density
			 requirements in WAC
			 173-308-170, and the vector
			 attraction reduction requirements in WAC
			 173-308-180.
MINIMUM FREQUENCY OF MONITORING
Metric tons (U.S. tons) per 365-day
							 period
Frequency
Greater than zero but less than 290 (320)
once per year
Equal to or greater than 290 (320) but less than
							 1,500 (1,653)
once per quarter (4 times per year)
Equal to or greater than 1,500 (1,653) but less than
							 15,000 (16,535)
once per 60 days (6 times per year)
Equal to or greater than 15,000 (16,535)
once per month (12 times per year)
(4) Treatment
			 works treating domestic sewage that transfer biosolids or sewage sludge for
			 further treatment to another facility are not required to monitor for pollutant
			 concentrations, pathogen reduction, or vector attraction reduction unless
			 specifically required to do so in a permit issued by the department.
(5) After the biosolids have been monitored
			 for two years at the frequency in this section, the person who prepares the
			 biosolids may request the department to reduce the frequency of monitoring for
			 pollutant concentrations. The frequency of monitoring must not be less than
			 once per year when biosolids are applied to the land.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-150, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-150, 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 173-308-170 - Pathogen reduction

Current through Register Vol. 24-14, July 15, 2024
This section contains the requirements for biosolids to be
				classified either Class A or Class B with respect to pathogens.
The Class A pathogen reduction requirements must be met at the
				same time or before the vector attraction reduction requirements in WAC
				173-308-180(1), (2), or
				(3).
(1)
Class A - Alternative 1: Time and
			 Temperature.
(a)
Fecal
			 coliform or Salmonella sp. bacteria density
.
The density of
			 fecal coliform in the biosolids must be less than 1000 Most Probable Number per
			 gram of total solids (dry weight basis) or the density of
Salmonella
sp. bacteria in the biosolids must be less than
			 three Most Probable Number per four grams of total solids (dry weight basis) at
			 the time the biosolids are used, at the time the biosolids are prepared for
			 sale or give away in a bag or other container for application to the land, or
			 at the time the biosolids or material derived from biosolids is prepared to
			 meet the requirements for exemption in WAC
			 173-308-200, and one of the
			 requirements in (b) through (e) of this subsection must be met.
(b) When the percent solids of the biosolids
			 is seven percent or higher, the temperature of the biosolids must be 50°C
			 (122°F) or higher, the time period must be twenty minutes or longer, and
			 the temperature and time period must be determined using equation (1), except
			 when small particles of biosolids are heated by either warmed gases or an
			 immiscible liquid.
Equation (1)
D
=
131,700,000
100.1400t
Where:
D = time in days
t = temperature in degrees Celsius
(c)
			 When the percent solids of the biosolids is seven percent or higher and small
			 particles of biosolids are heated by either warmed gases or an immiscible
			 liquid, the temperature of the biosolids must be 50°C (122°F) or
			 higher, the time period must be fifteen seconds or longer, and the temperature
			 and time period must be determined using equation (1).
(d) When the percent solids of the biosolids
			 is less than seven percent and the time period is at least fifteen seconds, but
			 less than thirty minutes, the temperature and time period must be determined
			 using equation (1).
(e) When the
			 percent solids of the biosolids is less than seven percent, the temperature of
			 the biosolids is 50°C (122°F) or higher, and the time period is thirty
			 minutes or longer, the temperature and time period must be determined using
			 equation (2).
Equation (2)
D
=
50,070,000
100.1400t
Where:
D = time in days
t = temperature in degrees Celsius
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-180 - Vector attraction reduction

Current through Register Vol. 24-14, July 15, 2024
When vector attraction reduction is accomplished prior to
				application of biosolids to the land, the requirements in one of subsections
				(1) through (6) of this section must be met.
The vector attraction reduction requirements in subsection (1),
				(2), or (3) of this section must be met at the same time or after the Class A
				pathogen requirements in WAC
				173-308-170.
(1)
Alternative 1: Volatile Solids
			 Reduction.
The mass of volatile solids in the biosolids must be reduced
			 by a minimum of thirty-eight percent.
(a)
Bench-scale test for anaerobically digested
			 solids.
When the thirty-eight percent volatile solids reduction
			 requirement in this subsection cannot be met for anaerobically digested
			 biosolids, vector attraction reduction can be demonstrated by digesting a
			 portion of the previously digested biosolids anaerobically in the laboratory in
			 a bench-scale unit for forty additional days at a temperature between 30 and
			 37°C (86 and 98.6°F). After the forty-day period, the vector attraction
			 reduction requirement is met if the volatile solids in the biosolids at the
			 beginning of that period are reduced by less than seventeen percent.
(b)
Bench-scale test for
			 aerobically digested solids.
When the thirty-eight percent
			 volatile solids reduction requirement in this subsection cannot be met for
			 aerobically digested biosolids, vector attraction reduction can be demonstrated
			 by digesting a portion of the previously digested biosolids that has a percent
			 solids of two percent or less aerobically in the laboratory in a bench-scale
			 unit for thirty additional days at 20°C (68°F). After the thirty-day
			 period, the vector attraction reduction requirement is met if the volatile
			 solids in the biosolids at the beginning of that period are reduced by less
			 than fifteen percent.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-190 - Protecting waters of the state - Agronomic rate requirement

Current through Register Vol. 24-14, July 15, 2024
(1) Biosolids must
			 be applied to the land in a manner approved by the department and at agronomic
			 rates, except when approved by the department for land reclamation sites in
			 accordance with subsection (3) of this section or for research purposes when
			 approved by the department in accordance with WAC
			 173-308-192 or in a site-specific
			 land application plan developed under WAC
			 173-308-310(8).
(2) Agronomic rate determinations must take
			 into account nitrogen supplied from other sources such as manures, cover crops,
			 and commercial fertilizers as well as biosolids.
(3) Biosolids applied to land reclamation
			 sites may be applied in excess of agronomic rates if approved by the department
			 in a site specific land application plan developed under WAC
			 173-308-310(8).
(4) The person who prepares exceptional
			 quality biosolids that are sold or given away to another person must provide
			 sufficient information to allow the person who receives the biosolids to
			 determine an agronomic rate of application.
(5) The person who applies exceptional
			 quality biosolids to the land is responsible for compliance with the agronomic
			 rate requirement in this section.
(6) When the potential for groundwater
			 contamination due to biosolids application exists, the department may require
			 groundwater monitoring or other conditions in accordance with the provisions of
			 chapter 173-200 WAC. If it is determined that an enforcement criterion may be
			 violated, an evaluation must be conducted to demonstrate compliance with the
			 provisions of chapter 173-200 WAC.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-190, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-190, 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 173-308-191 - Protection of endangered or threatened species

Current through Register Vol. 24-14, July 15, 2024
Biosolids may not be applied to the land if they are likely to
				adversely affect a threatened or endangered species or its critical habitat as
				listed under Title 232 WAC or section 4 of the Endangered Species
				Act.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-191, 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 173-308-192 - Exemptions for research

Current through Register Vol. 24-14, July 15, 2024
For the purposes of furthering necessary research, the land
				application of nonexceptional quality biosolids is exempt from the agronomic
				rate requirements in WAC
				173-308-190 or
				173-308-270, the reporting
				requirements in WAC
				173-308-295, and the permitting
				requirements in WAC
				173-308-310 if all of the
				following requirements are met:
(1) A
			 research proposal must be submitted containing, at a minimum, the following:
(a) A description of the nature of the
			 project, what may be learned, the anticipated benefits, provisions for progress
			 reports, provisions for peer review, and provisions for providing a final
			 report to the department.
(b) A
			 discussion of any potential adverse impacts of application rates in excess of
			 agronomic rates, along with potential mitigation or response to adverse effects
			 if observed.
(c) An explanation for
			 the sizing of the research plot(s) that will receive biosolids. Plot size must
			 not exceed the minimum area required to support the goals of the
			 research.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-193 - Management and exemptions for septage from composting toilets

Current through Register Vol. 24-14, July 15, 2024
(1) The residual
			 solids from composting toilet systems (also known as "waterless toilets") that
			 receive only domestic waste are considered to be septage.
(2) Septage from composting toilet systems
			 must either be sent to a permitted facility for further treatment, or it must
			 be managed in accordance with the requirements in WAC
			 173-308-270 and other applicable
			 sections of this chapter.
(3)
			 Unless a permit is otherwise required by the department, persons who land apply
			 septage from composting toilet systems and sites where the septage is applied
			 are exempt from the reporting requirements in WAC
			 173-308-295 and the permitting
			 requirements in WAC
			 173-308-310.
(4) All other applicable requirements of this
			 chapter must be met.
(5) All other
			 local, state, and federal regulatory requirements must be met.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-193, 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 173-308-200 - Exemptions based on the exceptional quality of biosolids

Current through Register Vol. 24-14, July 15, 2024
The person who prepares and the person who applies biosolids
				that meet the exceptional quality standards are exempt from the following
				requirements:
(1) The requirement in
			 WAC 173-308-120(6) for obtaining prior written approval of the landowner.
(2) The site management and access
			 restrictions in WAC
			 173-308-210(5) except where, on a case-by-case basis, the director applies any or all
			 restrictions after determining that the requirements are necessary to protect
			 public health and the environment from any adverse effect that may occur from a
			 pollutant in the bulk biosolids.
(3) The recordkeeping and certification
			 requirements in WAC
			 173-308-290(3).
(4) The requirement in WAC
			 173-308-300(6)(c) for submittal of a land application plan
			 when used as a component of intermediate or final cover at a municipal solid
			 waste landfill.
(5) The land
			 application plan requirements of WAC
			 173-308-310(8),
			 except as provided in WAC
			 173-308-310(8)(a)(ii) or
			 (iii).
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-200, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-200, 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 173-308-205 - Significantly remove manufactured inerts

Current through Register Vol. 24-14, July 15, 2024
(1) Except for sewage sludge approved for
			 long-term disposal in accordance with WAC
			 173-308-300(9),
			 all biosolids (including septage) or sewage sludge must be treated by a process
			 such as physical screening or another method to significantly remove
			 manufactured inerts prior to final disposition. Meeting this requirement may
			 occur at any point in the wastewater treatment or biosolids manufacturing
			 process.
(2)
Options for
			 meeting the requirement.
Meeting the requirement in subsection (1) of
			 this section can be accomplished by either of the following:
(a) Screening through a bar screen with a
			 maximum aperture of 3/8 inch (0.95 cm).
(b) Obtaining approval from the department
			 for an alternative method that achieves a removal rate similar to or greater
			 than that achieved by the screening standard in (a) of this
			 subsection.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-210 - Bulk biosolids applied to agricultural land, forest land, a public contact site, or a land reclamation site

Current through Register Vol. 24-14, July 15, 2024
(1) Bulk biosolids applied to agricultural
			 land, forest land, a public contact site, or a land reclamation site must meet
			 the requirements for a significant reduction in manufactured inerts in WAC
			 173-308-205.
(2)
Pollutant concentrations.
(a) The concentration of a pollutant in bulk
			 biosolids that are applied to agricultural land, forest land, a public contact
			 site, or a land reclamation site may not exceed the allowable ceiling limit in
			 Table 1 of WAC
			 173-308-160.
(b) If the concentration of a pollutant in
			 bulk biosolids that are applied to agricultural land, forest land, a public
			 contact site, or a land reclamation site exceeds the pollutant concentration
			 limits in Table 3 of WAC
			 173-308-160, then the total
			 cumulative loading rate for each pollutant may not exceed the limit in Table 2
			 of WAC 173-308-160, and the requirements
			 in WAC 173-308-160(2) must be met.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-250 - Bulk biosolids applied to a lawn or home garden

Current through Register Vol. 24-14, July 15, 2024
(1) Bulk biosolids applied to a lawn or home
			 garden must meet the requirements for a significant reduction in manufactured
			 inerts in WAC
			 173-308-205.
(2) Bulk biosolids that are applied to a lawn
			 or home garden must meet the exceptional quality standards.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-250, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-250, 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 173-308-260 - Biosolids sold or given away in a bag or other container

Current through Register Vol. 24-14, July 15, 2024
(1) Biosolids sold or given away in a bag or
			 other container must meet the requirements for a significant reduction in
			 manufactured inerts in WAC
			 173-308-205.
(2) Biosolids sold or given away in a bag or
			 other container must meet the exceptional quality standards.
(3)
Label or information sheet
			 required.
Any person who prepares biosolids that are sold or given away
			 in a bag or other container in the state of Washington, must comply with the
			 requirements of this subsection when the biosolids product is prepared or
			 derived from nonexceptional quality biosolids.
(a) A label must be affixed to the bag or
			 other container in which biosolids are sold or given away, or an information
			 sheet must be provided to the person who receives biosolids that are sold or
			 given away in a bag or other container. The label or information sheet must
			 contain the following information:
(i) The
			 name, address, and phone number of the person who prepared the
			 biosolids.
(ii) A statement or
			 information indicating that the product complies with applicable regulations
			 for biosolids or that the product has been prepared to meet standards that make
			 it safe for its intended use when used in accordance with the directions
			 provided by the manufacturer.
(iii)
			 A statement or information that encourages proper use of the product and
			 protection of public health and the environment. This may include information
			 on product storage, hygiene, and protection of surface or groundwater
			 resources.
(iv) Agronomic rates for
			 typical applications or guidance on how to determine the agronomic rate of
			 application.
(v) A statement or
			 information indicating that the product contains or is derived from
			 biosolids.
(vi) Unless registered
			 as a fertilizer by the Washington state department of agriculture, a disclaimer
			 stating that the product is not a commercial fertilizer and that all nutrient
			 claims are estimates or averages and not guaranteed.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-270 - Septage applied to the land

Current through Register Vol. 24-14, July 15, 2024
This section contains the requirements for the land application
				of septage as defined in WAC
				173-308-080.
This section does not apply to "septage managed as biosolids
				originating from sewage sludge" as defined in WAC
				173-308-080. Facilities who seek
				to manage their septage as biosolids must meet all of the requirements
				applicable to the particular classification of biosolids into which it
				falls.
(1) Septage applied to the land
			 must meet the requirements for a significant reduction in manufactured inerts
			 in WAC 173-308-205.
(2) Septage may not be applied to a public
			 contact site, a lawn, or a home garden.
(3)
Pathogen reduction and vector
			 attraction reduction.
(a) For loads of
			 septage that are composed of at least seventy-five percent by volume of septage
			 from households, one of the following requirements must be met:
(i) The septage must be injected below the
			 surface of the land and no significant amount of septage may be present on the
			 land surface within one hour after the septage is injected.
(ii) Septage must be incorporated into the
			 soil within six hours after application to the land.
(iii) The pH of the septage must be raised to
			 twelve or higher and must remain at twelve or higher for a minimum of thirty
			 minutes.
(A) A minimum of two tests for pH
			 must be conducted for each load applied to the land.
(B) The first test must occur after a pH of
			 twelve or higher has been attained.
(C) The second test must occur no less than
			 thirty minutes after the first test to show that a pH of twelve or higher has
			 been retained.
(D) If the pH has
			 dropped below twelve when the second test is conducted, the stabilization
			 process must be restarted.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-275 - Contents of signs for land application sites

Current through Register Vol. 24-14, July 15, 2024
(1) When signs are required for the purpose
			 of restricting access, they must contain at least the following information:
(a) The name and address or phone number of
			 the generator and if different, the person who applies;
(b) The names, addresses, and phone numbers
			 of the regulatory and permitting authorities;
(c) The material that is being applied
			 (biosolids or a more detailed description);
(d) Notice that access is restricted, and if
			 desired, the date after which access is no longer restricted; and
(e) If applicable, a notice on limitations
			 regarding the harvest of edible plants from the site.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-280 - Requirements for facilities storing biosolids or sewage sludge

Current through Register Vol. 24-14, July 15, 2024
(1) Facilities
			 storing biosolids or sewage sludge under a local, state, or federal water
			 pollution control permit or another environmental permit and facilities
			 conducting temporary, small-scale storage as defined in WAC
			 173-308-080 are exempt from this
			 section if the department determines that the standards in subsection (3) of
			 this section are being met.
(2)
			 Facilities other than those in subsection (1) of this section storing biosolids
			 or sewage sludge must do so in accordance with the provisions of a permit
			 issued under this chapter.
(3)
			 Biosolids or sewage sludge may not be stored in a manner that would be likely
			 to result in the contamination of groundwater, surface water, air, or land
			 under current conditions or in the case of fire or flood.
(4) Facilities existing on July 1, 2007,
			 storing liquid biosolids or sewage sludge in surface impoundments must meet the
			 requirements for the design, construction, and operation of surface
			 impoundments in chapter 173-304 WAC or the standards in chapter 173-350
			 WAC.
(5) After July 1, 2007, new
			 facilities proposing to store biosolids or sewage sludge in surface
			 impoundments, facilities that are proposing a new surface impoundment, and
			 facilities that are proposing to upgrade existing surface impoundments must
			 meet the requirements for the design, construction, and operation of surface
			 impoundments in chapter 173-350 WAC.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-280, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-280, 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 173-308-295 - Annual reports

Current through Register Vol. 24-14, July 15, 2024
(1) All
			 treatment works treating domestic sewage subject to this chapter must submit to
			 the department by March 1 of each year, an annual report on a form provided by
			 the department.
(2) All requested
			 information that is required under this chapter or an applicable permit must be
			 submitted.
Statutory Authority: Chapters 70.95J and
				  70.95 RCW. 07-12-010 (Order 06-06),
				  § 173-308-295, filed 5/24/07, effective 6/24/07. Statutory Authority:
				  RCW
				     70.95J.020 and
				  70.95.255. 98-05-101 (Order
				  97-30), § 173-308-295, 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 173-308-300 - Disposal of sewage sludge in municipal solid waste landfill units and use of biosolids in municipal solid waste landfill operations

Current through Register Vol. 24-14, July 15, 2024
(1) When biosolids are placed in a municipal
			 solid waste landfill unit they are considered solid waste (sewage
			 sludge).
(2) Any landfill accepting
			 sewage sludge for disposal must be in compliance with the requirements of
			 chapter 173-351 WAC and  40 C.F.R. Part 258.
(3) Sewage sludge that is disposed in a
			 municipal solid waste landfill must meet the liquids in landfills restrictions
			 of chapter 173-351 WAC.
(4) Sewage
			 sludge that is disposed in a municipal solid waste landfill must not be
			 hazardous waste as defined in chapter 173-303 WAC or 40 C.F.R. Part
			 261.
(5)
Daily cover.
The use of sewage sludge as daily cover or as an amendment to daily cover is
			 not a beneficial use and is considered disposal.
(6)
Intermediate or final cover.
The use of biosolids as a component of landfill intermediate or final cover is
			 considered a beneficial use if the following conditions are met:
(a) The use is consistent with an approved
			 landfill plan of operations or closure/post-closure plan.
(b) The biosolids are used for the purposes
			 of establishing a vegetative cover.
(c) If the biosolids are nonexceptional
			 quality, the department has approved a site specific land application plan that
			 meets the requirements of WAC
			 173-308-310(8).
			 For the purposes of this subsection, a site specific land application plan may
			 recognize an approved plan of operations or closure/post-closure plan that
			 addresses the substantive requirements of WAC
			 173-308-310(8).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-308 - Biosolids management › Section 173-308-310 - Permitting

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicable facilities -- Application required.
All treatment works
			 treating domestic sewage are applicable facilities, and must apply for a permit
			 for the final use or disposal of biosolids or sewage sludge except for certain
			 composting toilet systems described in WAC
			 173-308-193 and certain
			 composting facilities described in (a) of this subsection.
(a)
Permitting exemption for
			 some composting facilities.
Facilities that compost biosolids
			 or sewage sludge do not require permitting under this chapter if all of the
			 following conditions are met:
(i) A permit is
			 not otherwise required in order to comply with the Federal Clean Water
			 Act.
(ii) The department and local
			 health jurisdiction agree that a permit issued by the local health jurisdiction
			 will be adequate.
(iii) The
			 conditions of the permit issued by the local health jurisdiction meet or exceed
			 the requirements of this chapter.
(iv) The department does not otherwise find
			 that a state-issued permit is necessary because one or more of the conditions
			 in (b)(i) through (iv) of this subsection exists.